FS-2700-5a-GI-Gran Term Special Use Permit for Recreation Residences on Gra
Special Use Administration
FS-2700-5a Grand Island 092020
OMB: 0596-0082
Authorization
ID: #AUTH_ID# Expiration
Date: #EXPIRATION_DATE# |
FS-2700-5a Grand Island (09/2020) OMB No. 0596-0082 |
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U.S.
DEPARTMENT OF AGRICULTURE IN
THE GRAND ISLAND NATIONAL RECREATION AREA AUTHORITY: Act of March 4, 1915, 16 U.S.C. 497 Act of May 17, 1990, 16 U.S.C. 460aaa through 460aaa-8
<Delete all user notes before printing.>
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#HOLDER_NAME#, #HOLDER_ADD_LINE_1#, #HOLDER_ADD_LINE_2#, #HOLDER_ADD_LINE_3#, (the holder) #HOLDER_CITY#, #HOLDER_STATE# #HOLDER_ZIP# [is/are] authorized to occupy a recreation residence on National Forest System (NFS) lands for personal, noncommercial recreational use on the Hiawatha National Forest, subject to the terms of this permit and its appendices. A legal description of the NFS lands covered by this permit (the permit area) is described as follows:
1. Lot #REC_RES_LOT_NUMBER# of the #REC_RES_TRACT_NAME# tract, a plat of which is on file in the office of the Forest Supervisor;
or
2. #TOWNSHIP_SECT_RANGE# #FIRST_DIVISION# #FIRST_DIV_NAME_NUMBER#, SECOND_DIVISION# #SECOND_DIV_NAME_NUMBER#, #THIRD_DIVISION# #THIRD_DIV_NAME_NUMBER#, as shown on the attached map, which is incorporated as Appendix A. This and any other appendices are hereby incorporated into this permit.
The following appurtenant private improvements, whether on or off the lot, are authorized in addition to the recreation residence:
#PURPOSE#
<USER NOTES FOR CLAUSE I.D> <In most cases, the term should be 20 years.>
D.
TERM.
This
permit shall expire at midnight on #EXPIRATION_DATE#.
Expiration of this permit shall not require notice, a decision
document, or any environmental analysis or other
documentation.
F.
CHANGE
IN ADDRESS OR OWNERSHIP OF THE RECREATION RESIDENCE.
The
holder or the holder's executor or personal representative shall
immediately notify the authorized officer of a change in the
holder's permanent address
or a change in the ownership of the recreation residence
authorized by this permit. I. NON-EXCLUSIVE USE. The use and occupancy authorized by this permit are not exclusive. The Forest Service reserves the right of access to the permit area, including a continuing right of physical entry to the permit area for inspection, monitoring, or any other purpose consistent with any right or obligation of the United States under any law or regulation. The Forest Service reserves the right to allow others to use the permit area in any way that is not inconsistent with the holder’s rights and privileges under this permit, after consultation with all parties involved.
II.
IMPROVEMENTS
C. EXPANSION, REMODELING, AND RECONSTRUCTION. The expansion, remodeling, or reconstruction of the recreation residence authorized by this permit shall be subject to approval of and regulation by the Forest Service. No expansion, remodeling, or reconstruction of the recreation residence authorized by this permit may increase its height or may result in an increase of more than 25 percent of the sum of its exterior dimensions as it existed on May 17, 1990. Any expansion, remodeling, or reconstruction of the recreation residence authorized by this permit shall be consistent with the general design criteria for improvement of existing facilities developed for the comprehensive management plan for the Grand Island National Recreation Area.
III.
OPERATIONS
1. Maintenance of vegetation, tree planting, and removal of dangerous trees and other unsafe conditions.
2. Maintenance of the authorized improvements.
3. Size, placement and description of authorized signs.
4. Removal of garbage.
5. Fire protection.
6. Identification of the person responsible for implementing the operating plan, if other than the holder, and a list of the name, address, and telephone numbers of persons to contact in the event of an emergency.
7. Process and logistics for receiving approval from the authorized officer.
The operating plan shall be revised as necessary when changes to the authorized use are approved by the authorized officer.
B.
MINIMUM
OCCUPANCY AND PROHIBITION ON USE AS PRIMARY PLACE OF RESIDENCE.
The recreation residence authorized by this permit shall be
occupied at least 15 days each year, unless otherwise authorized
in writing, but no more than 5 months each year. Use of the
recreation residence authorized by this permit as a principal
place of residence is prohibited and shall be grounds for
revocation of this permit. Upon
request of the authorized officer, the holder shall furnish
current documentation of the holder’s principal place of
residence, such as the lease for the holder’s principal
place of residence; the holder’s income tax documentation
and property tax documentation for the holder’s principal
place of residence; and/or 7 consecutive months of utility bills
in the holder’s name for the holder’s principal place
of residence. E.
USE
OF NFS ROADS AND NFS TRAILS.
The holder’s use of NFS roads and NFS trails shall comply
with applicable requirements in 36 CFR Part 212, Subpart A; 36 CFR
Part 261, Subpart A; and orders issued under 36 CFR Part 261,
Subpart B. Motor
vehicle use shall be consistent with designations made under
F. MONITORING BY THE FOREST SERVICE. The Forest Service shall monitor the holder's operations and reserves the right to inspect the permit area and authorized facilities and improvements at any time for compliance with the terms of this permit. The holder shall comply with inspection requirements deemed appropriate by the authorized officer. The obligations of the holder under this permit are not contingent upon any duty of the Forest Service to inspect the permit area or authorized facilities or improvements. A failure by the Forest Service or other governmental officials to inspect is not a defense to noncompliance with any of the terms of this permit.
G. CUTTING, DISPOSAL, AND PLANTING OF VEGETATION. This permit does not authorize the cutting of trees, brush, shrubs, and other plants (“vegetation”). Vegetation may be cut, destroyed, or trimmed only after the authorized officer or the authorized officer’s designated agent has approved in writing and marked or otherwise identified what may be cut, destroyed, or trimmed. The holder shall notify the authorized officer when approved cutting, destruction, or trimming of vegetation has been completed. The Forest Service shall determine in advance of felling the method of disposal of trees felled in the permit area that meet utilization standards. Disposal may be by sale or without charge per 36 CFR Part 223, as may be most advantageous to the United States. Debris from felling that does not meet utilization standards shall also be disposed of according to methods determined by the Forest Service. Planting of vegetation in the permit area must have prior written approval from the authorized officer.
IV.
RIGHTS
AND LIABILITIES
C. ABSENCE OF THIRD-PARTY BENEFICIARY RIGHTS. The signatories of this permit do not intend to confer any rights on any third party as a beneficiary under this permit.
D. NO WARRANTY OF ACCESS, SITE SUITABILITY, OR SERVICES. This permit authorizes the use and occupancy of NFS lands by the holder for the purposes identified in this permit. The Forest Service will manage access, public health and safety, and protection of the Grand Island National Recreation Area in the event of fire or infestation of insects and disease consistent with the comprehensive management plan for the Grand Island National Recreation Area, as amended. Such management consistent with the comprehensive management plan for the Grand Island National Recreation Area, as amended, does not constitute an express or implied warranty of access to the permit area, of the suitability of the permit area for the authorized uses, or for the furnishing of road or trail maintenance, water, fire protection services, search and rescue services, or any other services by a government agency, utility, association, or individual.
<USER NOTES FOR CLAUSE IV.E> <Include clause IV.E in special use authorizations when they will involve the use of water and the water development and use will occur on NFS lands. Consult FSH 2709.11, section 52.4, clauses D-24 through D-27 for alternate circumstances and choose the appropriate clauses in consultation with the local Forest Service Water Rights Program Manager. Select or fill in the appropriate use in brackets, and delete the bracketed language as appropriate.>
E. WATER RIGHTS AND WATER FACILITIES 1. Water Rights. This permit does not confer any water rights on the holder. The term “water rights” includes all authorizations, such as certificates, reservations, decrees, or permits, for water use issued under state, local, or other law. Any necessary water rights must be acquired by the holder in accordance with state law and the terms of this permit. After this permit is issued, all water rights obtained by the holder for facilities that divert or pump water from sources located on NFS lands for use on NFS lands, whether authorized or unauthorized, are for the benefit of the United States and shall be acquired in the name of the United States. Any expenses for acquiring water rights shall be the responsibility of the holder and not the responsibility of the United States. 2. Water Facilities. No ditch, reservoir, well, spring, seepage, or other facility to pump, divert, store, or convey water (hereinafter “water facilities”) for which the point of diversion, storage, or withdrawal is on NFS lands may be initiated, developed, certified, or adjudicated by the holder without prior written approval from the authorized officer. The authorization of any water facilities in the permit area is granted to allow use of water only in connection with the recreation residence authorized by this permit. If the use of any water facilities in connection with this recreation residence ceases, the authorization to use any associated water facilities also ceases. The United States reserves the right to place any conditions on installation, operation, maintenance, and removal of water facilities that are necessary to protect public property, public safety, and natural resources on NFS lands in compliance with applicable law. Any change in the beneficial use of or location of use from a water facility without prior written approval from the authorized officer shall result in termination of the authorization of that facility.
<USER NOTES FOR CLAUSE IV.E.3.> <Add this paragraph when water rights required for the use to be authorized have already been obtained in accordance with state law in the name of the holder; acquisition of those water rights did not violate the terms of the permit; and the water development and use will occur on NFS lands. Otherwise delete this clause. Select or fill in the appropriate use in brackets, and delete the bracketed language as appropriate.>
3. Water Rights Acquired in the Name of the Holder.
(a) Identification of Water Rights. The holder has obtained the following water rights for use under this permit in the holder’s name:
State ID #: _______________________________
Owner: __________________________________
Purpose of Use: ___________________________
Decree, License, or Certificate: _______________
Point of Diversion: ______________________
(b) Revocation or Termination. Upon revocation or termination of this permit, the holder shall transfer the water rights enumerated in paragraph 3(a) to the succeeding permit holder for use only in connection with the recreation residence authorized by this permit provided that if that recreation residence is not reauthorized, the holder shall promptly petition in accordance with state law to remove from NFS lands the point of diversion and water use associated with the water rights or shall relinquish the water rights to the state where they are located.
(c) Abandonment. Upon abandonment of the recreation residence authorized by this permit, any of the water rights enumerated in paragraph 3(a) that remain in the name of the holder at the time of abandonment shall be deemed to have been transferred to the United States to hold for the benefit of any succeeding permit holder for use only in connection with that recreation residence; provided that if that recreation residence is not reauthorized, the United States shall retain the water rights or relinquish them to the state where they are located.
(d) Waiver. The holder waives any claims against the United States for compensation for any water rights that are transferred, removed, or relinquished as a result of revocation or termination of this permit or abandonment of the use authorized by this permit, or for compensation in connection with imposition of any conditions on installation, operation, maintenance, and removal of water facilities associated with water rights enumerated in paragraph 3(a).
F. RISK OF LOSS. The holder assumes all risk of loss to the authorized improvements and all risk of loss of use and occupancy of the permit area, in whole or in part, due to public health and safety or environmental hazards. Loss to the authorized improvements and of use and occupancy of the permit area may result from but is not limited to theft, vandalism, fire and any fire-fighting activities (including prescribed burns), environmental contamination, avalanches, rising waters, winds, falling limbs or trees, and other forces of nature. If any authorized improvements are destroyed or substantially damaged, the authorized officer shall conduct an analysis to determine whether the improvements can be safely occupied in the future and whether rebuilding should be allowed. If rebuilding is not allowed, this permit shall terminate. If the authorized officer determines that the permit area cannot be safely occupied due to a public health or safety or environmental hazard, this permit shall terminate. Termination under this clause shall not give rise to any claim for damages, including lost profits and the value of the improvements, by the holder against the Forest Service.
1. The holder shall be liable for all injury, loss, or damage, including fire suppression costs, prevention and control of the spread of invasive species, and the costs of rehabilitation or restoration of natural resources, resulting from the holder’s use and occupancy of the permit area. Compensation shall include but is not limited to the value of resources damaged or destroyed, the costs of restoration, cleanup, or other mitigation, fire suppression or other types of abatement costs, and all associated administrative, legal (including attorney's fees), and other costs. Such costs may be deducted from a performance bond required under clause IV.K.
2. The holder shall be liable for damage to all roads and trails of the United States caused by use of the holder or the holder’s heirs, assigns, agents, employees, contractors, or renters to the same extent as provided under clause IV.G.1, except that liability shall not include reasonable and ordinary wear and tear.
H.
HEALTH
AND SAFETY.
The
holder shall take all measures necessary to protect the health and
safety of all persons affected by the use and occupancy authorized
by this permit. The holder shall promptly abate as completely as
possible and in compliance with all applicable laws and
regulations any physical or mechanical procedure, activity, event,
or condition existing or occurring in conection with the
authorized use and occupancy during the term of this permit that
causes or threatens to cause a hazard to the health or safety of
the public or the holder’s employees, agents, or
contractors. The holder shall as soon as practicable notify the
authorized officer of all serious accidents that occur in
connection with these procedures, activities, events, or
conditions. The Forest Service has no duty under the terms of
this permit to inspect the permit area or operations of the holder
for hazardous conditions or compliance with health and safety
standards. I. ENVIRONMENTAL PROTECTION
1.
Compliance
with Environmental Laws.
The holder shall in connection with the use and occupancy
authorized by this permit comply with all applicable federal,
state, and local environmental laws and regulations, including but
not limited to those established pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA),
as amended, 42 U.S.C. 9601 et
seq.,
the Resource Conservation and Recovery Act, as amended, 42 U.S.C.
6901 et
seq.,
the Federal Water Pollution Control Act, as amended, 33 U.S.C.
1251 et
seq.,
the Oil Pollution Act, as amended, 33 U.S.C. 2701 et
seq.,
the Clean Air Act, as amended, 42 U.S.C. 7401 et
seq.,
the Toxic Substances Control Act, as amended,
2. Definition of Hazardous Material. For purposes of clause IV.I and section V, "hazardous material" shall mean (a) any hazardous substance under section 101(14) of CERCLA, 42 U.S.C. 9601(14); (b) any pollutant or contaminant under section 101(33) of CERCLA, 42 U.S.C. 9601(33); (c) any petroleum product or its derivative, including fuel oil, and waste oils; and (d) any hazardous substance, extremely hazardous substance, toxic substance, hazardous waste, ignitable, reactive or corrosive materials, pollutant, contaminant, element, compound, mixture, solution or substance that may pose a present or potential hazard to human health or the environment under any applicable environmental laws.
3.
Oil
Discharges and Release of Hazardous Materials.
The holder shall immediately notify all appropriate response
authorities, including the National Response Center and the
authorized officer or the authorized officer’s designated
representative, of any oil discharge or of the release of a
hazardous material in the permit area in an amount greater than or
equal to its reportable quantity, in accordance with 33 CFR Part
153 and
4. Remediation of Release of Hazardous Materials. The holder shall remediate any release, threat of release, or discharge of hazardous materials that occurs in connection with the holder’s activities in the permit area, including activities conducted by the holder's agents, employees, contractors, or renters and regardless of whether those activities are authorized under this permit. The holder shall perform remediation in accordance with applicable law immediately upon discovery of the release, threat of release, or discharge of hazardous materials. The holder shall perform the remediation to the satisfaction of the authorized officer and at no expense to the United States. Upon revocation or termination of this permit, the holder shall deliver the site to the Forest Service in compliance with all applicable laws and regulations and free and clear of contamination.
J. INDEMNIFICATION. The holder shall indemnify, defend, and hold harmless the United States for any costs, damages, claims, liabilities, and judgments arising from past, present, and future acts or omissions of the holder in connection with the use and occupancy authorized by this permit. This indemnification and hold harmless provision includes but is not limited to acts and omissions of the holder or the holder’s family, guests, invitees, heirs, assignees, agents, employees, contractors, or renters in connection with the use and occupancy authorized by this permit which result in (1) violations of any laws and regulations which are now or which may become applicable; (2) judgments, claims, demands, penalties, or fees assessed against the United States; (3) costs, expenses, and damages incurred by the United States; or (4) the release or threatened release of any hazardous material into the environment. The authorized officer may prescribe terms that allow the holder to replace, repair, restore, or otherwise undertake necessary curative actions to mitigate damages in combination with or as an alternative to monetary indemnification. K. BONDING. The authorized officer may require the holder to furnish a surety bond or other security for any of the obligations imposed by the terms of this permit or any applicable law, regulation, or order.
<USER NOTES FOR CLAUSES IV.K.1 THROUGH IV.K.3> <Delete clauses IV.K.1 through IV.K.3 when a bond is not required.>
1. As a further guarantee of compliance with the terms of this permit, the holder shall deliver and maintain a surety bond or other acceptable security, such as cash deposited and maintained in a federal depository or negotiable securities of the United States, in the amount of #AMOUNT# for [specify obligations covered, e.g., to secure the holder’s obligation to restore the permit area after construction or upon revocation or termination of the permit without issuance of a new permit]. The authorized officer may periodically evaluate the adequacy of the bond or other security and increase or decrease the amount as appropriate. If the bond or other security becomes unsatisfactory to the authorized officer, the holder shall within 30 days of demand furnish a new bond or other security issued by a surety that is solvent and satisfactory to the authorized officer. If the holder fails to meet any of the requirements secured under this clause, money deposited pursuant to this clause shall be retained by the United States to the extent necessary to satisfy the obligations secured under this clause, without prejudice to any other rights and remedies of the United States.
2. The bond shall be released or other security returned 30 days after (a) the authorized officer certifies that the obligations covered by the bond or other security are met and (b) the holder establishes to the satisfaction of the authorized officer that all claims for labor and material for the secured obligations have been paid or released.
3. The holder may be required to obtain additional bonding or security prior to undertaking additional construction or alteration not covered by the bond or other security, or when the authorized improvements are to be removed and the permit area restored.
<USER NOTES FOR CLAUSE IV.L> <Include clause IV.L when the permit area is located or presumed to be located in a floodplain or floodway as those terms are defined in Executive Order 11988. Otherwise, delete clause IV.L.>
L. FLOOD DAMAGE. The lands covered by this permit are in a floodplain or floodway. This permit is issued with the specific understanding that if the authorized improvements are substantially damaged and made uninhabitable by a flood, this permit shall terminate, and the remaining improvements shall be removed within 90 days. If damage to the improvements is not substantial, they may be repaired and allowed to remain if they can be flood-proofed without affecting flows in the floodplain or floodway. No expansion of existing improvements or new improvements will be allowed in the floodplain or floodway. No claim shall be made against the United States for loss, damage, or termination of the permit due to a flood.
V.
RESOURCE
PROTECTION D. PESTICIDE USE
1. Authorized Officer Concurrence. Pesticides may not be used outside of buildings in the permit area to control pests, including undesirable woody and herbaceous vegetation (including aquatic plants), insects, birds, rodents, or fish without prior written concurrence of the authorized officer. Only those products registered or otherwise authorized by the U.S. Environmental Protection Agency and appropriate State authority for the specific purpose planned shall be authorized for use within areas on NFS lands.
2. Pesticide-Use Proposal. Requests for concurrence of any planned uses of pesticides shall be provided in advance using the Pesticide-Use Proposal (form FS-2100-2). Annually the holder shall, on the due date established by the authorized officer, submit requests for any new, or continued, pesticide usage. The Pesticide-Use Proposal shall cover a 12-month period of planned use. The Pesticide-Use Proposal shall be submitted at least 60 days in advance of pesticide application. Information essential for review shall be provided in the form specified. Exceptions to this schedule may be allowed, subject to emergency request and approval, only when unexpected outbreaks of pests require control measures which were not anticipated at the time a Pesticide-Use Proposal was submitted.
3. Safety Plan. Before applying pesticides in the permit area, the holder shall submit to the authorized officer a safety plan that includes, at a minimum, a precise statement of the treatment objectives; a description of the equipment, materials, and supplies to be used, including pesticide formulation, quantities, and application methods; a description of the lines of responsibility for project planning, project monitoring, and after-action review; a description of any necessary interagency coordination; a copy of the current Pesticide-Use Proposal for the permit; a description of the process by which treatment effectiveness will be determined; and a spill plan, communications plan, security plan, and when required by applicable local requirements, a provision for prior notification to sensitive individuals.
4. Reporting. By September 30th annually, the holder shall submit to the authorized officer a written report of each pesticide application project completed during the previous 12-month period. The report shall contain information pertaining to the pesticide application projects as requested by the authorized officer.
5. Labeling, Laws, and Regulations. Label instructions and all applicable laws and regulations shall be strictly followed in the application of pesticides and disposal of excess materials and containers. No pesticide waste, excess materials, or containers shall be disposed of in any area administered by the Forest Service.
G. PROTECTION OF THREATENED, ENDANGERED, AND SENSITIVE SPECIES AND THEIR HABITAT
1. Threatened and Endangered Species and Their Habitat. The location of sites within the permit area needing special measures for protection of plants or animals listed as threatened or endangered under the Endangered Species Act (ESA), 16 U.S.C. 531 et seq., as amended, or within designated critical habitat shall be shown on a map in an appendix to this permit and may be shown on the ground. The holder shall take any protective and mitigation measures specified by the authorized officer as necessary and appropriate to avoid or reduce effects on listed species or critical habitat affected by the authorized use and occupancy. Discovery by the holder or the Forest Service of other sites within the permit area containing threatened or endangered species or designated critical habitat not shown on the map in the appendix shall be promptly reported to the other party and shall be added to the map.
2. Sensitive Species and Species of Conservation Concern and Their Habitat. The location of sites within the permit area needing special measures for protection of plants or animals designated by the Regional Forester as sensitive species or as species of conservation concern pursuant to FSM 2670 shall be shown on a map in an appendix to this permit and may be shown on the ground. The holder shall take any protective and mitigation measures specified by the authorized officer as necessary and appropriate to avoid or reduce effects on sensitive species or species of conservation concern or their habitat affected by the authorized use and occupancy. Discovery by the holder or the Forest Service of other sites within the permit area containing sensitive species or species of conservation concern designated pursuant to FSM 2670 or their habitat not shown on the map in the appendix shall be promptly reported to the other party and shall be added to the map.
H. WATER WELLS AND ASSOCIATED PIPELINES
1.
Other
Jurisdictional Requirements.
Clause IV.E governs water rights and water facilities. The
holder shall obtain all required state and local water permits,
licenses, registrations, certificates, or rights and shall provide
a copy of them to the authorized officer. For new wells, this
information shall be provided prior to disturbing NFS lands for
the purpose of water use or development. 2.
Well
Construction or Development.
For new or reconstruction of existing wells, the holder shall
prepare a well construction and development plan and submit it to
the authorized officer for approval. The well development and
construction plan must have prior written approval from the
authorized officer before well construction or development is
initiated. The holder shall follow applicable federal, state, and
local standards for design, construction, and development of new
wells or reconstruction of existing wells. If such standards do
not exist, the holder shall follow applicable standards issued by
the American Society for Testing and Materials (ASTM), American
Water Works Association (AWWA), or National Ground Water
Association (NGWA). The construction and development plan must
identify all potential sources for any proposed water injection
during well construction or development. Only non-chlorinated,
potable water may be injected during construction or development
of wells to be used for monitoring or water withdrawal. Copies of
all documentation for drilling, constructing, or developing wells,
including all drilling, boring, and well construction logs, shall
be provided to the authorized officer within 60 days of completion
of work.
VI.
CABIN
USER FEES AND DEBT COLLECTION
B. CABIN USER FEE PAYMENTS
1.
Crediting
of Payments.
Payments shall be credited on the date received by the deposit
facility, except that if a payment is received on a non-workday,
the payment shall not be credited until the next workday.
C.
NONPAYMENT.
This
permit shall terminate if the holder fails to pay the cabin user
fee, interest, or any other charges within 90 calendar days of the
due date.
The holder shall remain responsible for the delinquent charges.
1.
Administrative offset of payments due the holder from the Forest
Service.
VII.
RENTAL,
NON-TRANSFERABILITY, AND SALE
D. TRANSFER FEE. The holder shall pay a fee of $1,200, adjusted for inflation, for the issuance of a new recreation residence permit due to a change of ownership of the recreation residence authorized by this permit. The transfer fee shall be adjusted annually based on changes in the Implicit Price Deflator for the Gross Domestic Product, published by the Bureau of Economic Analysis of the United States Department of Commerce, applied on a 5-year rolling average.
VIII. REVOCATION, SUSPENSION, AND TERMINATION
A. REVOCATION AND SUSPENSION
1. The authorized officer may revoke or suspend this permit in whole or in part:
(a) For noncompliance with federal, state or local law;
(b)
For noncompliance with the terms of this permit; (c) For abandonment or other failure of the holder to exercise the privileges granted; or
(d) At the discretion of the authorized officer, for specific and compelling reasons in the public interest.
2. The authorized officer may revoke this permit at the request of the holder. Revocation at the request of the holder must be agreed to in writing by the authorized officer. As a condition of revocation of this permit at the request of the holder, the authorized officer has discretion to impose any terms deemed appropriate as provided for in this permit.
3. Prior to revocation or suspension, other than revocation at the request of the holder under clause VIII.A.2 and immediate suspension under clause VIII.C, the authorized officer shall give the holder written notice of the grounds for revocation or suspension and a reasonable period, not to exceed 90 days, to cure any noncompliance.
C.
IMMEDIATE
SUSPENSION.
The authorized officer may immediately suspend this permit in
whole or in part when necessary to protect public health or safety
or the environment. The suspension decision shall be in writing.
The holder may request an on-site review with the authorized
officer's superior of the adverse conditions prompting the
suspension. The authorized officer's superior shall grant this
request within 48 hours. Following the on-site review, the
authorized officer's superior shall promptly affirm, modify, or
cancel the suspension.
1.
Termination
Upon Change in Ownership.
If the holder through voluntary sale, transfer, enforcement of
contract, foreclosure, divorce, or other legal proceeding ceases
to be the owner of the authorized improvements, this permit shall
terminate. If the person who acquires title to the improvements
is qualified to be a holder under applicable regulations and
Forest Service directives, that person shall be granted a new
permit for the remainder of the term of this permit.
IX. RIGHTS AND RESPONSIBILITIES UPON REVOCATION OR TERMINATION WITHOUT ISSUANCE OF A NEW PERMIT
A. REMOVAL OF IMPROVEMENTS. Except as provided in clause VIII.B, upon revocation of this permit or termination of this permit without issuance of a new permit, the authorized officer has the discretion to require the holder to sell or remove all structures and improvements, except those owned by the United States, within 1 year and to restore the site to the satisfaction of the authorized officer. If the holder fails to sell or remove all structures or improvements within 1 year, they shall become the property of the United States and may be sold, destroyed, or otherwise disposed of without any liability to the United States. However, the holder shall remain liable for all costs associated with their removal, including costs of sale and impoundment, cleanup, and restoration of the permit area.
B. OFFER OF AN IN-LIEU LOT. Upon revocation (other than revocation for noncompliance), the authorized officer may offer an in-lieu lot, if available, to the holder for building or relocating a recreation residence. An in-lieu lot must be in a location that is consistent with the applicable land management plan in the same National Forest as the authorized improvements or in an adjacent National Forest. An offer of an in-lieu lot must be accepted within 90 days or within 90 days of final disposition of administrative appeal of the revocation decision, termination when rebuilding is not allowed, or notification that a new permit will not be issued upon permit expiration, whichever is later, or the offer will expire. Upon acceptance of an in-lieu lot, this permit shall terminate.
C. CONTINUATION OF OBLIGATIONS AND LIABILITIES BEYOND TERMINATION OR REVOCATION. Notwithstanding the termination or revocation of this permit, its terms and conditions shall remain in effect and shall be binding on the holder and the holder’s personal representative, successors, and assignees until all the holder’s obligations and liabilities accruing before or as a result of termination or revocation of this permit have been satisfied.
<USER NOTES FOR CLAUSE IX.D> <Include clause IX.D when the lands authorized for use are withdrawn for hydroelectric power or reclamation purposes. Otherwise, delete it.>
D. TERMINATION FOR THE DEVELOPMENT OF HYDROELECTRIC POWER OR RECLAMATION PURPOSES. Any lands covered by this permit which have been withdrawn for hydroelectric power under the act of March 3, 1879, or the act of June 25, 1910, or are covered by an application or license governed by the Federal Power Act of June 10, 1920, are subject at any time to use for the development of hydroelectric power. Any lands covered by this permit which have been withdrawn under the Reclamation Act of June 17, 1902, are subject at any time to use for reclamation purposes. This permit is issued with the specific understanding that (1) the use and occupancy authorized by this permit shall not interfere with such development of hydroelectric power or reclamation and that (2) this permit shall terminate after 90 days written notice when, in the judgment of the Federal Energy Regulatory Commission, the lands in question are needed for the development of hydroelectric power or, in the judgment of the Bureau of Reclamation, the lands in question are needed for reclamation purposes. The holder shall have 90 days to remove the authorized improvements. Termination under this clause does not constitute revocation for specific and compelling reasons in the public interest under clause VIII.B and shall not give rise to any claim for damages, including lost profits and damage to improvements, by the holder against the Federal Energy Regulatory Commission, the Bureau of Reclamation, the Forest Service, or hydroelectric power licensees.
X.
MISCELLANEOUS
PROVISIONS
<USER NOTES FOR SIGNATURE BLOCK> <Require both spouses to sign a permit issued to a married couple. Delete the second signature line for a permit issued to an individual.>
THIS PERMIT IS ACCEPTED SUBJECT TO ALL ITS TERMS. |
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ACCEPTED:
#HOLDER_NAME# DATE
#HOLDER_NAME# DATE
APPROVED:
#AUTHORIZED OFFICER NAME# DATE #TITLE#
USDA Forest Service
According
to the Paperwork Reduction Act of 1995, an agency may not conduct
or sponsor, and a person is not required to respond, to a
collection of information unless it displays a valid OMB control
number. The valid OMB control number for this information
collection is 0596-0082. Response to this collection of
information is mandatory. The authority to collect the
information is the Organic Administration Act, 16 U.S.C. 551. The
time required to complete this information collection is estimated
to average one (1) hour per response, including the time for
reviewing instructions, searching existing data sources, gathering
and maintaining the data needed, and completing and reviewing the
collection of information.
Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible agency or USDA’s TARGET Center at (202) 720-2600 (voice and TYY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov.
USDA
is an equal opportunity provider, employer, and lender. |
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| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| Author | Hornstein, Ellen - OGC, Washington, DC |
| File Modified | 0000-00-00 |
| File Created | 2023-07-31 |
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