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FOREST SERVICE HANDBOOK
ROCKY MOUNTAIN REGION (REGION 2)
DENVER, CO
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 50 – TERMS AND CONDITIONS
Supplement No.: 2709.11-2006-1
Effective Date: May 3, 2006
Duration: This supplement is effective until superseded or removed.
Approved: RICK D. CABLES
Regional Forester
Date Approved: 4/192006
Posting Instructions: Supplements are numbered consecutively by Handbook number and
calendar year. Post by document; remove entire document and replace it with this supplement.
Retain this transmittal as the first page(s) of this document. The last supplement to this
Handbook was 2709.11-2004-2 to 2709.11_50.
New Document(s):
2709.11_50
18 Pages
Superseded Document(s) by
Issuance Number and
Effective Date
2709.11_50 (Supplement 2709.11-2004-2,
10/06/2004)
18 Pages
Digest:
52 – Updates clause R2-D-104 to remove the exclusion of easements issued for water
conveyance systems for agriculture and livestock watering which are covered under P.L. 99-545,
the Ditch Bill.
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EFFECTIVE DATE: 05/03/2006
DURATION: This supplement is effective until superseded or removed.
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FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 50 – TERMS AND CONDITIONS
51 - INDEX
51.1 – Title Index to Clauses
This supplement contains terms and conditions pertinent to specialized situations and needs for
Special Use Authorizations in Region 2. These conditions supplement both those printed on the
standard special-use authorization forms and those included in the parent text.
The Office of General Counsel for Region 2 has reviewed these terms and conditions for legal
sufficiency. Direct inquiries to the appropriate Regional Forester staff if the applicability of
terms and conditions use in a specific situation is questioned. The Regional Forester in
consultation with the Regional Attorney must approve the use of any additional terms and
conditions or changes to any of those listed in this chapter or elsewhere in this handbook.
Include these terms at the end of the permit, unless otherwise directed in the user notes. Do not
strike out any of the standard clauses within the body of the authorization unless the instructions
for the specific clause indicate to do so.
Approved Region 2 terms and conditions for use in authorizations follow. These terms are given
100-series numbers to differentiate in SUDS from previous supplements.
Title
Augmentation Plans for Existing Water Rights
Authorization on Lands Identified for Disposal.
Certified Copies for Administration of Water Right.
Dead Livestock.
GFA Adjustment for Mixed Land Ownership.
Hazardous Materials.
Hazardous Conditions.
Holder Agreement to Specify Measures to Protect Land and Resources of
United States.
Insurance.
Minimum Reservoir Pool or Conservation Pool.
Nondiscrimination in Employment and Services.
Noxious Weed/Exotic Plant Prevention and Control.
Operation and Maintenance Plan..
Performance Bond, Linear Right-of-Way.
Authorization Limitations.
Raptor and Migratory Bird Protection.
Responsibility for Damage to United States Property.
Revocation of Authorization on Land Identified for Disposal.
Category and
Number
R2-D-108
R2-X-108
R2-D-106
R2-X-106
R2-A-101
R2-B-102
R2-B-107
R2-D-107
R2-B-109
R2-D-105
R2-B-108
R2-D-103
R2-C-102
R2-C-103
R2-X-105
R2-X-101
R2-B-106
R2-X-109
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EFFECTIVE DATE: 05/03/2006
DURATION: This supplement is effective until superseded or removed.
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FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 50 – TERMS AND CONDITIONS
Title
Site Plan, Existing Authorization.
Spark Arrester, Chimney.
Specified Flow Reservoir.
Stream Flow.
Surety Bond for Use or Storage of Hazardous Materials.
Termination for Nonpayment.
Trailer and Recreation Vehicle Use Limitation.
Use of Certified Noxious Weed Free Hay, Straw or Mulch.
Utility Installation.
Water Depletions in the Upper Colorado River Basin.
Water Rights, Boulder Canyon Act.
Water Rights, Ownership.
Water Rights.
Category and
Number
R2-C-101
R2-F-101
R2-D-102
R2-D-101
R2-B-103
R2-A-102
R2-E-101
R2-X-107
R2-B-101
R2-D-104
R2-X-102
R2-X-104
R2-X-103
51.2 – Alphanumeric Index to Clauses
Category and
Number
Title
A
FEES AND PAYMENTS
R2-A-101
R2-A-102
GFA Adjustment for Mixed Land Ownership.
Termination for Nonpayment.
B
SAFETY, HEALTH, LIABILITY, AND NONDISCRIMINATION
R2-B-101
R2-B-102
R2-B-103
R2-B-106
R2-B-107
R2-B-108
R2-B-109
Utility Installation.
Hazardous Materials.
Surety Bond for Use or Storage of Hazardous Materials.
Responsibility for Damage to United States Property.
Hazardous Conditions.
Nondiscrimination in Employment and Services.
Insurance.
C
DEVELOPMENT, CONSTRUCTION, AND PERFORMANCE BONDS
R2-C-101
R2-C-102
R2-C-103
Site Plan, Existing Authorization.
Operation and Maintenance Plan.
Performance Bond, Linear Right-of-Way.
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DURATION: This supplement is effective until superseded or removed.
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Category and
Number
D
R2-D-101
R2-D-102
R2-D-103
R2-D-104
R2-D-105
R2-D-106
R2-D-107
Title
RESOURCE AND IMPROVEMENT PROTECTION
R2-D-108
Stream Flow
Specified Flow Reservoir.
Noxious Week/Exotic Plant Prevention and Control.
Water Depletions in the upper Colorado Rive Basin.
Minimum Reservoir Pool or Conservation Pool
Certified Copies for Administration of Water Right.
Holder Agreement to Specify Measures to Protect Land and Resources of
United States.
Augmentation Plans for Existing Water Rights.
E
TENURE, TERMINATION, REVOCATION, AND LIMIT OF USE
R2-E-101
Trailer and Recreation Vehicle use Limitation.
F
FIRE
R2-F-101
Spark Arrester, Chimney.
X
MISCELLANEOUS
R2-X-101
R2-X-102
R2-X-103
R2-X-104
R2-X-105
R2-X-106
R2-X-107
R2-X-108
R2-X-109
Raptor and Migratory Bird Protection.
Water Rights, Boulder Canyon Act.
Water Rights.
Water Rights, Ownership.
Authorization Limitations.
Dead Livestock.
Use of Certified Noxious Week Free Hay, Straw or Mulch.
Authorization on Lands Identified for Disposal.
Revocation of Authorization on Land Identified for Disposal.
51.3 – Terms and Conditions Use Chart
Exhibit 01 shows mandatory terms and conditions for each type of use in R2.
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CHAPTER 50 – TERMS AND CONDITIONS
51.3 – Exhibit 01
R2 TERMS AND CONDITIONS USE CHART
MANDATORY IN SPECIAL-USE AUTHORIZATIONS AS FOLLOWS
Instructions: Mandatory use in forms:
FS-2700-3c, Special Use Application and Permit (Recreation Event).
FS-2700-4b, FLPMA Forest Road Special Use Permit.
FS-2700-4c, FLPMA Private Road Special Use Permit.
FS-2700-4h, Special Use Permit for Campground and Related Granger-Thye
Concessions.
FS-2700-5c, Resort and Marina Special Use Permit.
FS-2700-9i, FLPMA Forest Road Easement.
R2-A-102.
Termination for
Nonpayment.
R2-B-106.
Responsibility for
Damage to United
States Property.
R2-B-107.
Hazardous Conditions.
R2-D-104.
Water Depletions in
the Upper Colorado
River Basin.
R2-D-108.
Augmentation Plans
for Existing Water
Rights
R2-X-102.
Water Rights, Boulder
Canyon Act.
Instructions: Mandatory in all FS-2700-4 authorizations issued under GrangerThye authority.
Instructions: Mandatory in all FS-2700-4 authorizations issued under GrangerThye authority.
Instructions: Mandatory in all authorizations that involve historic water
depletions in the Upper Colorado River Basin.
Instructions: Mandatory use in forms FS-2700-4 and FS-2700-5 within the state
of Colorado when authorization enables the diversion, transmission and
consumptive use of surface water and groundwater resources on and/or across
NFS lands (Do not use for authorizations issued under P.L. 99-545, the “Ditch
Bill”).
Instructions: Mandatory for all water use projects affecting drainages of the
Colorado River when effective date of water right occurs after December 21,
1928.
52.1 - A Clauses - Fees and Payments
R2-A-101.
GFA Adjustment for Mixed Land Ownership.
Instructions: Use in authorizations where the fee is determined by GRFS and the concession
occurs on both National Forest System lands (permitted by FS) and on private lands
(controlled by the private landowner).
For purposes of the calculation, GFA will be adjusted as follows: Full value will be
allowed for assets used solely to generate sales for permitted operations. No value will
be given for assets used solely to generate sales for private operations. Assets used
jointly to generate sales for private and permitted operations will be allocated on a basis
of use. All GFA will be shown on the depreciation schedule.
R2 SUPPLEMENT 2709.11-2006-1
EFFECTIVE DATE: 05/03/2006
DURATION: This supplement is effective until superseded or removed.
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CHAPTER 50 – TERMS AND CONDITIONS
Source: 2700-5c (8/99)
Modification: None.
R2-A-102.
Termination for Nonpayment.
Instructions: Mandatory use in forms:
FS-2700-3c, Special Use Application and Permit (Recreation Event).
FS-2700-4b, FLPMA Forest Road Special Use Permit.
FS-2700-4c, FLPMA Private Road Special Use Permit.
FS-2700-4h, Special Use Permit for Campground and Related Granger-Thye
Concessions.
FS-2700-5c, Resort and Marina Special Use Permit.
FS-2700-9i, FLPMA Forest Road Easement.
FS-2700-9j, FLPMA Private Road Easement.
This authorization shall automatically terminate without the necessity of prior notice
when land use fees are 90 calendar days from the due date in arrears.
Source: FS-2700-4, 8/99
Modification: None
52.2 - B Clauses - Safety, Health, Liability, and Nondiscrimination
R2-B-101. Utility Installation.
Instructions: Use in authorizations for linear uses or when appropriate.
The installation of utilities such as water, sewage, electricity, and natural or liquefied
petroleum gas, must conform to national, state, local, and industry standards.
Source: 1996 R2 clauses
Modification: Removal of “systems to handle” after “installation” as unnecessary verbiage.
R2-B-102. Hazardous Materials.
Instructions: Use in all FS-2700-4 authorizations; and other authorizations, when
appropriate.
Consent to Store. The holder shall not store any hazardous materials at the site without
obtaining the prior written approval of the authorized officer, and this approval shall not
be unreasonably withheld. If the authorized officer provides approval, this special use
authorization shall include, or in the case of approval provided after the issuance of this
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authorization, shall be amended to include specific terms and conditions addressing the
storage of hazardous materials, including the specific type of materials to be stored, the
volume, the type of storage, and a spill plan. Such terms and conditions shall be
proposed by the holder and are subject to approval by the authorized officer.
Cleanup and Remediation. Except with respect to any Federally permitted release as that
term is defined under Section 101(10) of CERCLA, 42 U.S.C. 9601(10), the holder shall
clean up or otherwise remediate any release, threat of release, or discharge of hazardous
materials that occurs either on site or in connection with the holder's activities, whether or
not those activities are authorized under this authorization. The holder shall perform
cleanup or remediation immediately upon discovery of the release, threat of release, or
discharge of hazardous materials. The holder shall perform the cleanup or remediation to
the satisfaction of the authorized officer and at no expense to the United States. Upon
revocation or termination of this authorization, the holder shall deliver the site to the
Forest Service free and clear of contamination.
Certification upon Revocation or Termination. If the holder uses or stores hazardous
materials at the site, upon revocation or termination of this authorization the holder shall
provide the Forest Service with a report certified by a professional or professionals
acceptable to the Forest Service that the site covered by the authorization is
uncontaminated by the presence of hazardous materials and that there has not been a
release or discharge of hazardous materials upon the site, into surface water at or near the
site, or into groundwater below the site during the term of the authorization. If a release
or discharge has occurred, the professional or professionals shall document and certify
that the release or discharge has been fully remediated and that the site is in compliance
with all Federal, State, and local laws and regulations.
Source: FS-2700-5C (8/99)
Modification: None.
R2-B-103. Surety Bond for Use or Storage of Hazardous Materials.
Instructions: Consider the use of this clause in conjunction with R2-B-102, when appropriate.
If any hazardous materials are used or stored at the site, the holder shall deliver and
maintain a surety bond.
Source: FS-2700-5C (8/99)
Modification: None.
R2-B-106. Responsibility for Damage to United States Property.
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DURATION: This supplement is effective until superseded or removed.
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CHAPTER 50 – TERMS AND CONDITIONS
Instructions: Mandatory in all FS-2700-4 authorizations issued under Granger-Thye
authority.
The holder has an affirmative duty to protect from damage the land, property, and other
interests of the United States. Damage includes but is not limited to fire suppression
costs, damage to government-owned improvements covered by this permit, and all costs
and damages associated with or resulting from the release or threatened release of a
hazardous material occurring during or as a result of activities of the holder or the
holder's heirs, assigns, agents, employees, contractors, or lessees on, or related to, the
lands, property, and other interests covered by this permit. "Hazardous material" shall
mean any hazardous substance, pollutant, contaminant, hazardous waste, oil, and/or
petroleum product, as those terms are defined under any federal, state, or local law or
regulation.
Source: FS-2700-4h (8/99)
Modification: removal of reference to another clause in FS-2700-4h.
R2-B-107. Hazardous Conditions.
Instructions: Mandatory in all FS-2700-4 authorizations issued under Granger-Thye
authority. Insert clause to follow national clause IV. C. 4 “Hazardous Materials” (Appendix
A, G-T Supplement to Special Use Permit FS-2700-4).
The holder has a continuing responsibility to identify all hazardous conditions on the
permit area which would affect the improvements, resources, or pose a risk of injury to
individuals. Any non-emergency actions to abate such hazards shall be performed after
consultation with the authorized officer. In emergency situations, the holder shall notify
the authorized officer of its actions as soon as possible, but not more than 48 hours, after
such actions have been taken.
Source: FS-2700-4h (8/99)
Modification: None
R2-B-108. Nondiscrimination in Employment and Services.
Instructions: Use in all R2 authorizations. Strike out (do not delete) the standard
nondiscrimination clause in the authorization, and add this clause to the regional clauses
section.
During the performance of this permit, the holder agrees that:
1. The holder and employees shall not discriminate by segregation or otherwise against
any person on the basis of race, color, sex (in educational activities), national origin, age
or disability, by curtailing or by refusing to furnish accommodations, facilities, services,
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DURATION: This supplement is effective until superseded or removed.
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or use privileges offered to the public generally and that the holder and employees shall
comply with the provisions of Title VI of the Civil Rights Act of 1964, as amended,
section 504 of the Rehabilitation Act of 1973, as amended, Title IX of the Education
Amendments, and the Age Discrimination Act of 1975.
2. The holder shall include and require compliance with the above nondiscrimination
provisions in any third party agreement made with respect to the operations under this
permit.
3. Signs setting forth this policy of nondiscrimination to be furnished by the Forest
Service will be conspicuously displayed at the public entrance to the premises, and at
other exterior or interior locations as directed by the Forest Service.
The Forest Service shall have the right to enforce the foregoing nondiscrimination
provisions by suit for specific performance or by any other available remedy under the
laws of the United States or the State in which the breach or violation occurs.
In addition to the above non-discrimination policy, the holder agrees to insure that its
program and activities are open to the general public on an equal basis and without regard
to any non-merit factor.
Source: WO
Modification: modify to reflect recommended national wording.
R2-B-109. Insurance.
Instructions: Use national B-10 clause (FSH 2709.11, 52.2) for combined single limit
policies; Use R2-B-109 when policy is for a general aggregate limit. $300,000 is a minimum
value and may be increased based upon the situation and risk analysis.
The holder shall have in force commercial general liability insurance covering Bodily
Injury and Property Damage (Coverage A), in the following minimum amounts: each
Occurrence Limit, $(insert amount 300,000 or above) and/or General Aggregate Limit,
$(insert amount 300,000 or above). The coverage shall extend to property damage,
bodily injury, or death rising out of the holder's activities under this authorization
including, but not limited to, the occupancy or use of the land, and the construction,
maintenance, and operation of the structures, facilities, or equipment permitted by this
authorization. Such insurance shall also name the United States as additionally insured.
The holder shall send an authenticated copy of its insurance policy to the Forest Service
immediately upon issuance of the policy. The policy shall also contain a specific
provision or rider to the effect that the policy will not be cancelled or its provisions
changed or deleted before thirty (30) days written notice to the Authorized Officer by the
insurance company.
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EFFECTIVE DATE: 05/03/2006
DURATION: This supplement is effective until superseded or removed.
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Source: 1996 B-11
Modification: checked for compliance with R2 supplement, removed blank fields for name of authorized
officer and address, slightly edited for consistent wording with national B-10.
52.3 – C Clauses - Development, Construction, and Performance Bonds
R2-C-101. Site Plan, Existing Authorization.
Instructions: Use in communication leases and authorizations, when appropriate.
Existing authorized land and structural improvements are shown on the Site Plan titled
(Title)
, and dated
(Date)
, 20(**), which is attached hereto and
made a part hereof.
Source: 1996 R2 Supplement
Modification: None
R2-C-102. Operation and Maintenance Plan.
Instructions: Use when appropriate as an alternative to national clause C-8.
An Operation and Maintenance Plan, described as Exhibit * , is attached hereto and made
a part hereof.
Source: 1996 R2 Supplement
Modification: None
R2-C-103. Performance Bond, Linear Right-of-Way.
Instructions: Use in all linear right-of-way construction permits.
The Holder shall provide a performance bond in the amount of (Amount) Dollars
($ (##) ) per mile or fraction thereof, for the total project before the start of any
construction. If the project is constructed in phases, each phase shall be covered by a
separate bond in the amount of (Amount)
($ (##) ) per mile or fraction thereof,
payable before the start of each phase of construction. Bonds are to guarantee the
construction of the project in accordance with approved plans and specifications and may
be used for site restoration in the event the project is not so constructed or is abandoned
or terminated. Bond(s) shall remain in force for a period five (5) years after the entire
project has been inspected, accepted, and has become operational.
The Authorized Officer shall notify surety when the project has been inspected and
accepted.
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EFFECTIVE DATE: 05/03/2006
DURATION: This supplement is effective until superseded or removed.
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Source: 1996 R2 Supplement
Modification: None
52.4 – D Clauses - Resource and Improvement Protection
R2-D-101. Stream Flow.
Instructions: Use in water related authorizations when appropriate.
The Holder shall maintain stream flows adequate to protect the environment, including
fishery resources and channel stability. Minimum flows shall be specified by the
Authorized Officer. During high spring runoff, natural peak discharge will be maintained
for a period of not fewer than five (5) days. The Holder shall be responsible for
monitoring streamflow and determining when reservoir releases, diversion curtailments,
or other measures are required to maintain required stream flow levels. Prior to
development, the Holder shall submit a Stream Flow Monitoring Plan for approval by the
Authorized Officer.
Source: 1996 R2 Supplement.
Modification: Wording change from bypass flow or instream flow to stream flow.
R2-D-102. Specified Flow Reservoir.
Instructions: Use in reservoir authorizations where specified flows are needed to protect
aquatic habitat, to provide stream bank stabilization or to protect streamside vegetation.
To provide and maintain satisfactory (aquatic habitat)(stream bank condition)(streamside
vegetation), the Holder shall:
1. Release an instantaneous flow of (##) cubic feet per second (cfs) from the reservoir
outlet at all times except when the inflow to the reservoir is less than (##) cfs, in which
case the release shall equal the inflow. If directed by the Authorized Officer, the Holder
shall install and maintain an acceptable measuring device for determining the amount of
water being released.
2. Control maximum release through the outlet works so as not to exceed (##) cfs at any
time.
Source: 1996 R2 Supplement
Modification: None
R2-D-103. Noxious Weed/Exotic Plant Prevention and Control.
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Instructions: Use this clause in all authorizations involving ground disturbance that could
result in the introduction or spread of noxious weeds and/or exotic plants. With respect to
the third paragraph, the intent is to apply the provision only for a well-defined area, such as a
narrow linear right-of-way, where it can be determined without a doubt that the noxious
weeds resulted from the activities of the holder. If the circumstances are such that a
determination of responsibility cannot be clearly made, leave the third paragraph off of the
clause.
1. The holder shall be responsible for the prevention and control of noxious weeds and/or
exotic plants of concern on the area authorized by this authorization and shall provide
prevention and control measures prescribed by the Forest Service. Noxious weeds and
exotic plants of concern are defined as those species recognized by (insert county weed
authority and/or national forest) in which the authorized use is located.
2. When determined to be necessary by the authorized officer, the holder shall develop a
site-specific plan for noxious weed and exotic plant prevention and control. Such plan
shall be subject to Forest Service approval. Upon Forest Service approval, the noxious
weed and exotic plant prevention and control plan shall become a part of this
authorization, and its provisions shall be enforceable under the terms of this
authorization.
3. The holder shall also be responsible for prevention and control of noxious weed and
exotic plant infestations which are not within the authorized area, but which are
determined by the Forest Service to have originated within the authorized area.
Source: R1 Supplement 2709.11-2000-1, found in USDA Forest Service, Guide to Noxious Weed
Prevention Practices
Modification: Order of paragraphs changed and direction modified.
R2-D-104. Water Depletions in the Upper Colorado River Basin.
Instructions: Mandatory in all authorizations that involve historic water depletions in the
Upper Colorado River Basin.
The holder recognizes that the obligation for providing a reasonable and prudent
alternative which allows the Forest Service to issue the special use authorization has been
assumed by the co-signers of a cooperative agreement to implement the Recovery
Implementation Program For Endangered Fish Species In the Upper Colorado River
Basin. In the event the co-signers of the cooperative agreement are unable to meet their
responsibilities under the Plan, the individual responsibility of the holder to provide
reasonable and prudent measures continues. The Forest Service is obligated to reevaluate the authorization if consultation is reinitiated.
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DURATION: This supplement is effective until superseded or removed.
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Source:
Modification: OGC approved.
R2-D-105. Minimum Reservoir or Conservation Pool.
Instructions: Use in reservoir related authorizations when appropriate.
The holder shall maintain the minimum level of the reservoir pool at (insert elevation,
acre feet, outlet elevation, or other parameter) unless specifically authorized in writing
by the Authorized Officer to lower the reservoir pool below the said specified minimum
level.
Source: 1996 R2 Supplement
Modification: None
R2-D-106. Certified Copies for Administration of Water Right.
Instructions: Use the following clause when issuing a new special use authorization to
replace existing special use authorizations for water supply facilities.
The Holder hereby agrees to furnish certified copies of (insert appropriate designation of
official record) from (insert name of the State Agency having responsibility for the
administration of the water right) associated with the use permitted by this authorization
each year by (date) .
Source:
Modification:
R2-D-107. Holder Agreement to Specify Measures to Protect Land and Resources of United
States.
Instructions: Use the following clause when there is an existing agreement or settlement
reached between the Holder and a third party that provides for minimum stream flows.
Include agreement or settlement requirement as an authorization requirement.
The Holder agrees to operate the facilities in accordance with the agreement dated (date),
between the Holder and (agency or entity) in so far as such agreement provides for
minimum stream flows. The Holder shall notify the Authorized officer of any changes or
modifications to the above referenced agreement, and the Authorized Officer will notify
the Holder within thirty (30) days whether such modified agreement satisfies the
mitigation requirements of the authorization.
Source: R2 Clause Collector
Modification: Changed “permit” to “authorization.”
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R2-D-108. Augmentation Plans for Existing Water Rights.
Instructions: Use this clause in all new and reissued authorizations, issued within the State of
Colorado, that enable the diversion, transmission, and consumptive use of surface water and
groundwater resources on and/or across National Forest System (NFS) lands. The uses can
be either wholly or partially on the National Forest. Approval by the authorized officer for
the augmentation plan must be received by the applicant prior to entry of the final decree by
the court. This clause is not to be used in any Colorado Ditch Bill authorizations (Act of
October 27, 1986, Public Law 99-545).
In the event that the authorized facilities/activities result in an out-of-priority diversion
that requires augmentation, the Forest Service authorized officer must approve the
augmentation plan in writing prior to the applicant submitting the plan for final decree by
the court.
Source:
Modification:
52.5 – E Clauses – Tenure, Termination, Revocation, and Limit of Use
R2-E-101. Trailer or Recreational Vehicle Use Limitation.
No trailer or recreational vehicle may remain on the authorization boundary area for more
than thirty (30) days in any one calendar year, except at sites specifically designed for
storage in nonuse. At least 50 percent of developed trailer or recreational vehicle spaces
will be reserved for use by visitors planning to stay for less than fifteen (15) days, unless
otherwise prohibited.
Source: FSH 2709.11, WO Amendment 2709.11-91-1 (not current)
Modification: None
52.6 – F Clauses - Fire
R2-F-101. Spark Arrester, Chimney.
Instructions: Use when appropriate.
All chimneys and flues shall be equipped with spark arresting screens fabricated from
hardware cloth with a 1/4-inch or smaller mesh.
Source: 1996 R2 Supplement
Modification: None – did not find any reference within the standard recreation residence permit.
R2 SUPPLEMENT 2709.11-2006-1
EFFECTIVE DATE: 05/03/2006
DURATION: This supplement is effective until superseded or removed.
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52.8 - X Clauses - Miscellaneous
R2-X-101. Raptor and Migratory Bird Protection.
Instructions: Use in all authorizations involving overhead electrical transmission or
distribution lines. Copies of reports can be obtained from Edison Electric Institute
Publications Catalogue at www.eei.org.
To protect all birds of prey from electrocution by and migratory birds from collisions
with power transmission or distribution lines, the lines shall be designed and constructed
in conformance with designs recommended in both the Avian Power Line Interactions
Committee's 1994 and 1996 publications, "Mitigating Bird Collisions with Power Lines:
The State of the Art in 1994" and " Suggested Practices for Raptor Protection on Power
Lines: The State of the Art in 1996" prepared for the Edison Electric Institute/Raptor
Research Foundation, Washington, D.C.
Source: Developed from R1 clause and FWS standard language for recommendations on hydropower
projects. Reviewed and edited by Gary Patton, R2.
R2-X-102. Water Rights, Boulder Canyon Act.
Instructions: Mandatory for all water use projects affecting drainages of the Colorado River
when effective date of water right occurs after December 21, 1928.
This authorization is issued subject to the Boulder Canyon Project Act of December 21,
1928 (45 Stat., 1064).
Source: 1996 R2 Supplement
Modification: None
R2-X-103. Water Rights.
Instructions: Use in water related authorizations, when appropriate.
This authorization confers no right to the use of water by the Holder; such rights must be
obtained under State law.
Source: 1996 R2 Supplement
Modification: None
R2-X-104. Water Rights, Ownership.
Instructions: Use when the authorization provides for water diversion and/or the
development of water for use on National Forest System lands.
R2 SUPPLEMENT 2709.11-2006-1
EFFECTIVE DATE: 05/03/2006
DURATION: This supplement is effective until superseded or removed.
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All water rights acquired by the Holder during the term of this authorization which
involve diversion of water from National Forest System lands, to the extent the same are
applied to beneficial uses on National Forest System lands, shall be acquired in the name
of or transferred to the United States. Such transactions are subject to the Holder's right
of use.
Source: 1996 R2 Supplement
Modification: None
R2-X-105. Authorization Limitations.
Instructions: Use when appropriate.
Nothing in this special use authorization allows or implies permission to build or
maintain any structure or facility, or to conduct any activity unless specifically provided
for in this authorization. Any use not specifically identified in this authorization must be
approved by the authorized officer in the form of a new special use authorization or
authorization amendment.
Source: FS-2700-5c (8/99) Resort and Marina
Modification: None
R2-X-106. Dead Livestock.
Instructions: Use in Outfitter/Guide and recreation event authorizations where livestock are
used.
Livestock, owned or controlled by the Holder, that die on National Forest System lands,
shall be removed or otherwise disposed of in a manner acceptable to the Authorized
Officer.
Source: 1996 R2 Supplement
Modification: None
R2-X-107. Use of Certified Noxious Weed Free Hay, Straw or Mulch.
Instructions: Use this clause in authorizations where hay, grain, straw, cubes or mulch is
brought onto National Forest System lands in support of the authorized activity. Use in
conjunction with clause R2-D-103 when the authorized use includes ground disturbance.
Use in authorizations that include the use of livestock, such as:
Outfitter/Guide permits
Recreation Event
Resorts
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EFFECTIVE DATE: 05/03/2006
DURATION: This supplement is effective until superseded or removed.
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Use in authorizations where there is ground disturbance:
Construction/Reconstruction
Rehabilitation Work
Use in authorizations where straw bales, or other similar vegetation bales (that is hay) are
used to control or direct the public or participants. If the authorization is for use in a
Wilderness or other specially designated area, ensure use of this clause is consistent with
existing Closure Orders.
Only hay, grain, straw, cubes or mulch certified as noxious weed free or noxious weed
seed free by an authorized State Department of Agriculture official or designated county
official may be used. Each individual bale or container must be tagged or marked as a
certified weed free product and reference a written certification, if one exists.
The following are exempted from this requirement:
1. Pelletized feed or grain products.
2. Persons with a permit specifically authorizing the prohibited act.
3. Transporting straw, hay or mulch on Federal, State, and County roads that are not
National Forest System roads and trails.
Source: R1 Closure Order in USDA Forest Service Guide to Noxious Weed Prevention Practices
Modification: Edited to put in a clause format rather than a closure order; exempted pelletized feed;
R2-X-108. Authorization on Lands Identified for Disposal.
Instructions: Use this clause in all authorizations issued for uses occurring in areas that
have been identified or are being considered for disposal. Do not use in easements,
leases, or term permits.
In the event of conveyance of the Federal land underlying this authorization, the holder
hereby acknowledges that said Federal land shall be appraised as though unencumbered
by this or subsequent authorization. In no event shall the said Federal land be diminished
in value as a result of this or subsequent authorizations.
Source: Jan. 11, 1999 Request to OGC (Zimmerman, Damron & Gash)
Modification: None
R2-X-109. Revocation of Authorization on Lands Identified for Disposal.
Instructions: Use this clause in all authorizations issued for uses occurring in areas that have
been identified or are being considered for disposal. Do not use in easements, leases or term
permits.
R2 SUPPLEMENT 2709.11-2006-1
EFFECTIVE DATE: 05/03/2006
DURATION: This supplement is effective until superseded or removed.
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The United States may revoke this authorization upon issuance of a decision to convey
the land into non-Federal ownership. The Holder hereby acknowledges the United States
ability to revoke the authorization without right of appeal.
Source: Jan. 11, 1999 Request to OGC (Zimmerman, Damron & Gash)
Modification: None