2709.11_50 Page 1 of 18 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AND CONDITIONS Supplement No.: 2709.11-2006-1 Effective Date: May 3, 2006 Duration: This supplement is effective until superseded or removed.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 New Document(s): 2709.11_50 18 Pages Superseded Document(s) by Issuance Number and Effective Date 2709.11_50 (Supplement 2709.11-2004-2, 10/06/2004) 18 Pages Digest: 52 – Updates clause R2-D-104 to remove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. R2 SUPPLEMENT 2709.11-2006-1 EFFECTIVE DATE: 05/03/2006 DURATION: This supplement is effective until superseded or removed. 2709.11_50 Page 2 of 18 FSH 2709.11 – SPECIAL USES HANDBOOK CHAPTER 50 – TERMS AND CONDITIONS 51 - INDEX 51.1 – Title Index to Clauses This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 R2 SUPPLEMENT 2709.11-2006-1 EFFECTIVE DATE: 05/03/2006 DURATION: This supplement is effective until superseded or removed. 2709.11_50 Page 3 of 18 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. R2 SUPPLEMENT 2709.11-2006-1 EFFECTIVE DATE: 05/03/2006 DURATION: This supplement is effective until superseded or removed. 2709.11_50 Page 4 of 18 FSH 2709.11 – SPECIAL USES HANDBOOK CHAPTER 50 – TERMS AND CONDITIONS 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. R2 SUPPLEMENT 2709.11-2006-1 EFFECTIVE DATE: 05/03/2006 DURATION: This supplement is effective until superseded or removed. 2709.11_50 Page 5 of 18 FSH 2709.11 – SPECIAL USES HANDBOOK 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. 2709.11_50 Page 6 of 18 FSH 2709.11 – SPECIAL USES HANDBOOK 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 R2 SUPPLEMENT 2709.11-2006-1 EFFECTIVE DATE: 05/03/2006 DURATION: This supplement is effective until superseded or removed. 2709.11_50 Page 7 of 18 FSH 2709.11 – SPECIAL USES HANDBOOK CHAPTER 50 – TERMS AND CONDITIONS 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. R2 SUPPLEMENT 2709.11-2006-1 EFFECTIVE DATE: 05/03/2006 DURATION: This supplement is effective until superseded or removed. 2709.11_50 Page 8 of 18 FSH 2709.11 – SPECIAL USES HANDBOOK 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, R2 SUPPLEMENT 2709.11-2006-1 EFFECTIVE DATE: 05/03/2006 DURATION: This supplement is effective until superseded or removed. 2709.11_50 Page 9 of 18 FSH 2709.11 – SPECIAL USES HANDBOOK CHAPTER 50 – TERMS AND CONDITIONS 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. R2 SUPPLEMENT 2709.11-2006-1 EFFECTIVE DATE: 05/03/2006 DURATION: This supplement is effective until superseded or removed. 2709.11_50 Page 10 of 18 FSH 2709.11 – SPECIAL USES HANDBOOK CHAPTER 50 – TERMS AND CONDITIONS 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. R2 SUPPLEMENT 2709.11-2006-1 EFFECTIVE DATE: 05/03/2006 DURATION: This supplement is effective until superseded or removed. 2709.11_50 Page 11 of 18 FSH 2709.11 – SPECIAL USES HANDBOOK CHAPTER 50 – TERMS AND CONDITIONS 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. R2 SUPPLEMENT 2709.11-2006-1 EFFECTIVE DATE: 05/03/2006 DURATION: This supplement is effective until superseded or removed. 2709.11_50 Page 12 of 18 FSH 2709.11 – SPECIAL USES HANDBOOK CHAPTER 50 – TERMS AND CONDITIONS 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. R2 SUPPLEMENT 2709.11-2006-1 EFFECTIVE DATE: 05/03/2006 DURATION: This supplement is effective until superseded or removed. 2709.11_50 Page 13 of 18 FSH 2709.11 – SPECIAL USES HANDBOOK CHAPTER 50 – TERMS AND CONDITIONS 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.” R2 SUPPLEMENT 2709.11-2006-1 EFFECTIVE DATE: 05/03/2006 DURATION: This supplement is effective until superseded or removed. 2709.11_50 Page 14 of 18 FSH 2709.11 – SPECIAL USES HANDBOOK CHAPTER 50 – TERMS AND CONDITIONS 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. 2709.11_50 Page 15 of 18 FSH 2709.11 – SPECIAL USES HANDBOOK CHAPTER 50 – TERMS AND CONDITIONS 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. 2709.11_50 Page 16 of 18 FSH 2709.11 – SPECIAL USES HANDBOOK CHAPTER 50 – TERMS AND CONDITIONS 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 R2 SUPPLEMENT 2709.11-2006-1 EFFECTIVE DATE: 05/03/2006 DURATION: This supplement is effective until superseded or removed. 2709.11_50 Page 17 of 18 FSH 2709.11 – SPECIAL USES HANDBOOK CHAPTER 50 – TERMS AND CONDITIONS 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. 2709.11_50 Page 18 of 18 FSH 2709.11 – SPECIAL USES HANDBOOK CHAPTER 50 – TERMS AND CONDITIONS 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