Sabino_Prospectus_Appendix_FINAL13November2017.pdf

United States Department of Agriculture

Prospectus and Request for Applications for a Shuttle System for the Sabino Canyon Recreation Area Coronado National Forest

Appendix 1: Forest Order, Temporary Area Closure

3.

Order Number 03-05-05-17-037

UNITED STATES DEPARTMENT OF AGRICULTURE

FOREST SERVICE

CORONADO NATIONAL FOREST

SANT A CAT ALINA RANGER DISTRICT

TEMPORARY AREA CLOSURE

Pursuant to 16 USC 551 and 36 CFR 261.50(a) and (b), the following acts are prohibited in the area described in this order, and depicted on the attached map hereby incorporated into this order as Exhibit A, all within the Santa Catalina Ranger District, Coronado National Forest, Pima County, Arizona:

PROHIBITIONS:

1. To use, park or leave a motor vehicle. 36 CFR 261.54(a) and 261.58(g)

2. Possessing, storing, or transporting any bird, fish, or other animal or parts thereof, or any part of a tree or other plant. 36 CFR 261.58(s) and 261.58(t) Hunting, fishing or camping. 36 CFR 261.58(v) and 261.58(e)

4. To build, maintain, attend, or use a fire, campfire, or stove fire. 36 CFR 261.52(a)

EXEMPTIONS:

Pursuant to 36 CFR 261.50(e), the following persons are exempt from this order:

1. Persons with a permit specifically authorizing the otherwise prohibited act or om1ss10n.

2. Any Federal, State or Local Law Enforcement Officer or member of an organized rescue or fire fighting force in the performance of an official duty.

AREA DESCRIBED:

The closure area is commonly known as Upper Sabino Canyon Riparian Area, located northwest of the private community of Summerhaven within Township 11 South, Range 15 East, Section 25.

PURPOSE:

The purpose of this order is to allow for the protection of public health, safety, and property, and to provide for a continued quality environment. There are many problems associated with heavy recreational use in the Upper Sabino Canyon Riparian Area. Heavy use could negatively impact the watershed and disturb the endangered Mexican Spotted Owl. Wildfire could damage this important watershed and the spotted owl habitat. Improper human sanitation could also negatively impact the downstream water quality.

IMPLEMENTATION:

Order Number 03-05-05-17-037

1. This order shall be in effect when signed and shall remain in effect until September 30, 2019, or until rescinded, whichever is earlier.

2. This order supersedes, rescinds, and replaces any previous orders prohibiting the same acts covered by this order.

3. Any violation of these prohibitions is punishable by a fine of not more than $5,000.00 for individuals and $10,000.00 for organizations and/or imprisonment for not more than six

(6) months. [16 USC 551, 18 USC 3571(b)(6), 18 USC 358l(b)(7)].

Signed in Tucson, Arizona, this / 9 d, day of�' 20/7

�L&h Forest Supervisor Coronado National Forest http:10,000.00 http:5,000.00

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Sabino Canyon Recreation Area

Appendix 2: Sample Use and Revenue Data Report Form

Sample Use and Revenue Report

Coronado National Forest, Santa Catalina Ranger District

Monthly

Name of Route: __________________________________

Date Total Number of Round Trips

Total Number of One-Way Trips

Total Number of Riders

Adult Riders Children Riders Total Trip Fee Revenue

Comments (weather, closures, etc.)

Monthly Total

Name of Route: __________________________________

Date Total Number of Round Trips

Total Number of One-Way Trips

Total Number of Riders

Adult Riders Children Riders Total Trip Fee Revenue

Comments (weather, closures, etc.)

Monthly Total

End of Year Totals

Total Fee Revenue: ______________________

Total Taxes Paid: _________________________

Total Gross Revenue: _____________________

Total Net Revenue: _______________________

Sabino Canyon Recreation Area

Appendix 3: Coronado National Forest Comment Form

Coronado National Forest - Santa Catalina Ranger District 5700 N. Sabino Canyon Road, Tucson, AZ 85750

(520) 749-8700 (main) / (520) 749-7723 (fax)

SantaCatalinaRD@fs.fed.us

Santa Catalina Ranger District wants your input!

Our goal is to provide all of our National Forest users with a quality personal experience.

We try very hard, but know there is always room for improvement. We’d like to hear directly from you. What are we doing right? What can we do better? What additional services would you like to see?

Please take a moment to express your views and assist us in the management of this precious resource – the Coronado National Forest. Feel free to take one home and send it in at your convenience. You may also email us at SantaCatalinaRD@fs.fed.us.

Thank you!

Ken Born District Ranger

Comments: Date:

Optional:

Name Address City, State, Zip E-mail address mailto:SantaCatalinaRD@fs.fed.us mailto:SantaCatalinaRD@fs.fed.us

Sabino Canyon Recreation Area

Appendix 4: Sample Annual Operating Plan Outline

Sample Annual Operating Plan Outline

This appendix describes the minimum requirements for the holder’s annual operating plan regarding the operating season, staffing, operations, maintenance, and minimum standards to be met. The Forest Service will use applicant-provided information to rate each application against the evaluation criteria in the prospectus for the proposed operating plan, including incorporation of all the design features enumerated in the prospectus. Applicants are required to propose how they will meet or exceed the minimum standards for the annual operating plan. The successful applicant’s proposed operating plan will become part of the annual operating plan for the shuttle system permit.

Annual Operating Plan

Table of Contents

1. Operating Season

1a. Shuttle Schedule/Traffic Flow

2. Customer Service

2a. Ticket Sales 2b. Shuttle Stops 2c. Interpretation and Narration

3. Fleet/Equipment

3a. Fleet Description and Identification 3b. Maintenance 3c. Safety

4. Staffing

4a. Supervision/Management 4b. Personnel 4c. Employee Training 4d. Employee Conduct 4e. Uniforms 4f. Other Parties

5. Safety

5a. Safety Inspections 5b. Customer Safety 5c. High-Risk Conditions 5d. Safety Training for Employees

6. Holder Advertising

7. Law Enforcement and Security

8. Communications Systems

1. Operating Season

The season of use as well as the minimum and maximum trips are described in section D of the prospectus, Services Offered to the Public.

Describe the operating season and number of trips for shuttle system operations throughout the year.

1a. Shuttle Schedule/Traffic Flow

Describe in detail the timing of the shuttle system schedule and how foot traffic in the Sabino Canyon Recreation Area will be accommodated by the shuttle system.

2. Customer Service

Section D of the prospectus, Services Offered to the Public, enumerates the customer service requirements for the shuttle system.

2a. Customer Service Commitment, Feedback, and Response

The holder must ensure that customers and other Coronado National Forest visitors be addressed in a professional manner that contributes toward a safe and enjoyable experience in the Forest. A customer service comment and response system must be provided and may include the customer service comment card included in Appendix 3 as an example. However, other means of obtaining feedback from the public must be proposed.

Describe the applicant’s commitment to customer service and how that commitment would be met. Enumerate a public comment and response system.

2b. Ticket Sales

Multiple options for ticket sales will be made available.

Describe how and where tickets would be sold.

2c. Interpretation and Narration

Describe a proposed interpretive services plan, including the frequency, content, and objectives of interpretive programs, who will conduct the programs and their qualifications, and the system of delivery.

3. Fleet/Equipment

Shuttle system design features are intended to avoid or minimize adverse environmental and social effects from shuttle system operations. The design features are found in section G of the prospectus, Required Shuttle Service Features. The design features establish sideboards for future shuttle system operations, rather than mandating specific technologies or approaches.

Implementation of the design features will be a condition of the special use permit for the shuttle system.

Describe how the proposed shuttle system fleet and equipment would meet the design features in the prospectus.

3a. Fleet Description, Identification, and Maintenance

Describe your proposal for a shuttle system fleet, including the vehicle class, size, appearance, capacity, and vehicle features; the number of vehicles and their ability to accommodate anticipated capacity; and a maintenance plan.

4. Staffing

The holder will be responsible for furnishing and training all personnel for shuttle system operations and maintenance and supervising any activities shuttle system personnel conduct under the permit.

The holder will also be responsible for compliance with all applicable state and federal law, including applicable state and federal law governing employment, wages (including Davis- Bacon Act wage rates for Granger-Thye fee offset work and minimum wage requirements), and worker safety; equal opportunity; civil rights; workers’ compensation; the Americans With Disabilities Act; and employment of legal aliens.

4a. Supervision/Management

The holder must designate a representative or representatives who will serve as the liaisons between the holder and the Forest Service and who will have full authority to act on behalf of the holder under the special use permit. If there are multiple representatives, each may have the authority to act on behalf of the holder for one or more permit terms (e.g., one person may have responsibility for operational issues, and another may have responsibility for financial issues).

State the representatives’ names, job titles, e-mail addresses, and telephone numbers.

4b. Personnel

Provide an organization chart for the applicant showing each position. Provide a narrative description of each position on the organization chart, including the title of the position, duties, and whether it is a full- or part-time position.

4c. Employee Training, Certification, and Experience

Describe the training to be provided and the requisite certification and experience for employees on the organization chart who will be conducting activities under the shuttle system permit, including but not limited to purchasing, operating, and maintaining shuttle system motor vehicles and conducting interpretive programs.

4d. Employee Conduct

Enumerate your company’s employee conduct policy.

4e. Uniforms

Employees must wear neat, clean, and professional attire that identifies them as a shuttle system employee, including a name tag with the company’s logo or other identifying information. The Forest Service uniform, the Forest Service volunteer uniform, and components of those uniforms may not be used by the shuttle system operator.

Describe in detail the attire, including identifying information, for all employee positions.

4f. Other Parties

Applicants must specify whether another party will assist with any of the operational aspects of the shuttle system, and if so, must include the other party’s name, address, telephone number, e-mail address, and relevant experience and references.

5. Safety

The health and safety of all persons affected by the shuttle system are of the utmost importance.

Provide a health and safety plan that addresses annual comprehensive health and safety inspections of the shuttle system and an ongoing health and safety monitoring program that addresses the following four areas:

5a. Safety Inspections

Annual shuttle system vehicle inspections, including those conducted by the shuttle system operator and those conducted by state and other independent inspectors, must be performed and reported in writing in a timely manner to the Forest Service. Reports of these inspections must document all problems and concerns identified, corrective actions to be taken and the timeframe for completing them, and completion of corrective actions.

Additionally, ongoing motor vehicle inspections must be conducted, and any problems or concerned identified from the inspections must be remedied as soon as possible. The inspections and any corrective actions taken must be reported in writing in a timely manner to the Forest Service.

5b. Customer Safety

Shuttle system customers must be assured a safe shuttle system experience. As deemed necessary, safety instructions must be provided to shuttle system customers prior to departure.

5c. High-Risk Conditions

High-risk conditions in connection with operation of the shuttle system may develop, including but not limited to extreme heat, flash flooding, and other environmental conditions. It is the holder’s responsibility to plan for high-risk conditions and respond to them responsibly, effectively, and appropriately.

5d. Safety Training for Employees

The holder will be responsible for providing ongoing safety training for shuttle system employees that informs and educates them about working safely and recognizing and responding appropriately to unsafe conditions.

6. Holder Advertising

The holder must accurately represent the shuttle system services provided to the public in all advertisements, signs, brochures, and other materials. The fact that the shuttle system is located in the Coronado National Forest must be made readily apparent in all advertising and signing.

All forms of shuttle system advertising must contain the following statement: “X Company is an equal opportunity provider.”

Describe proposed media for advertising the shuttle system.

7. Communications Systems

The holder must provide an effective means of communicating (e.g., two-way radios or cellular telephones) among all employees, the Forest Service, and emergency responders. The holder may not use Forest Service radio frequencies and equipment.

Describe how the applicant will ensure that communications will be timely and accurate among all affected parties.

Describe how the applicant will communicate emergencies and accidents to the Forest Service.

Sabino Canyon Recreation Area Coronado National Forest

Appendix 5: Special Use Permit Forms- FS 2700-4 and FS-7700-41

Authorization ID: FS-2700-4 (VER. 03/17) Contact ID: OMB 0596-0082 Expiration Date:

Use Code:

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

SPECIAL USE PERMIT

AUTHORITY: Federal Lands Recreation Enhancement Act, 16 U.S.C. 6802(h) (Ref. FSH 2709.11, section 41.52)

*Holder Name* (hereinafter “the holder”) is authorized to use or occupy National Forest System lands in the National Forest or unit of the National Forest System, subject to the terms and conditions of this special use permit (the permit).

This permit covers XXX acres or XXX miles in the *Township/Range/Section* (“the permit area”), as shown on the map attached as Appendix A. This and any other appendices to this permit are hereby incorporated into this permit.

This permit issued for the purpose of:

*Description of permitted activity*

TERMS AND CONDITIONS

I. GENERAL TERMS

A. AUTHORITY. This permit is issued pursuant to [name of and cite for authority] and 36 CFR Part 251, Subpart B, as amended, and is subject to their provisions.

B. AUTHORIZED OFFICER. The authorized officer is the Forest or Grassland Supervisor or a subordinate officer with delegated authority.

C. TERM. This permit shall expire at midnight on 12/31/20XX [years or months] from the date of issuance.

D. CONTINUATION OF USE AND OCCUPANCY. This permit is not renewable. Prior to expiration of this permit, the holder may apply for a new permit for the use and occupancy authorized by this permit. Applications for a new permit must be submitted at least 6 months prior to expiration of this permit. Issuance of a new permit is at the sole discretion of the authorized officer. At a minimum, before issuing a new permit, the authorized officer shall ensure that (1) the use and occupancy to be authorized by the new permit is consistent with the standards and guidelines in the applicable land management plan; (2) the type of use and occupancy to be authorized by the new permit is the same as the type of use and occupancy authorized by this permit; and (3) the holder is in compliance with all the terms of this permit. The authorized officer may prescribe new terms and conditions when a new permit is issued.

E. AMENDMENT. This permit may be amended in whole or in part by the Forest Service when, at the discretion of the authorized officer, such action is deemed necessary or desirable to incorporate new terms that may be required by law, regulation, directive, the applicable forest land and resource management plan, or projects and activities implementing a land management plan pursuant to 36 CFR Part 215.

F. COMPLIANCE WITH LAWS, REGULATIONS, AND OTHER LEGAL

REQUIREMENTS. In exercising the rights and privileges granted by this permit, the holder shall comply with all present and future federal laws and regulations and all present and future state, county, and municipal laws, regulations, and other legal requirements that apply to the permit area, to the extent they do not conflict with federal law, regulation, or policy. The Forest Service assumes no responsibility for enforcing laws, regulations, and other legal requirements that fall under the jurisdiction of other governmental entities.

G. NON-EXCLUSIVE USE. The use or occupancy authorized by this permit is 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. Except for any restrictions that the holder and the authorized officer agree are necessary to protect the installation and operation of authorized temporary improvements, the lands and waters covered by this permit shall remain open to the public for all lawful purposes.

H. ASSIGNABILITY. This permit is not assignable or transferable.

I. TRANSFER OF TITLE TO THE IMPROVEMENTS

1. Notification of Transfer. The holder shall notify the authorized officer when a transfer of title to all or part of the authorized improvements is planned.

2. Transfer of Title. Any transfer of title to the improvements covered by this permit shall result in termination of the permit. The party who acquires title to the improvements must submit an application for a permit. The Forest Service is not obligated to issue a new permit to the party who acquires title to the improvements. The authorized officer shall determine that the applicant meets requirements under applicable federal regulations.

J. CHANGE IN CONTROL OF THE BUSINESS ENTITY

1. Notification of Change in Control. The holder shall notify the authorized officer when a change in control of the business entity that holds this permit is contemplated.

(a) In the case of a corporation, control is an interest, beneficial or otherwise, of sufficient outstanding voting securities or capital of the business so as to permit the exercise of managerial authority over the actions and operations of the corporation or election of a majority of the board of directors of the corporation.

(b) In the case of a partnership, limited partnership, joint venture, or individual entrepreneurship, control is a beneficial ownership of or interest in the entity or its capital so as to permit the exercise of managerial authority over the actions and operations of the entity.

(c) In other circumstances, control is any arrangement under which a third party has the ability to exercise management authority over the actions or operations of the business.

2. Effect of Change in Control. Any change in control of the business entity as defined in paragraph 1 of this clause shall result in termination of this permit. The party acquiring control must submit an application for a special use permit. The Forest Service is not obligated to issue a new permit to the party who acquires control. The authorized officer shall determine whether the applicant meets the requirements established by applicable federal regulations.

II. IMPROVEMENTS

A. LIMITATIONS ON USE. Nothing in this permit gives or implies permission to build or maintain any structure or facility or to conduct any activity, unless specifically authorized by this permit. Any use not specifically authorized by this permit must be proposed in accordance with 36 CFR

251.54. Approval of such a proposal through issuance of a new permit or permit amendment is at the sole discretion of the authorized officer.

B. PLANS. All plans for development, layout, construction, reconstruction, or alteration of improvements in the permit area, as well as revisions to those plans must be prepared by a professional engineer, architect, landscape architect, or other qualified professional based on federal employment standards acceptable to the authorized officer. These plans and plan revisions must have written approval from the authorized officer before they are implemented. The authorized officer may require the holder to furnish as-built plans, maps, or surveys upon completion of the work.

B. CONSTRUCTION. Any construction authorized by this permit shall commence by and shall be completed by .

III. OPERATIONS

A. PERIOD OF USE. Use or occupancy of the permit area shall be exercised at least days each year.

B. CONDITION OF OPERATIONS. The holder shall maintain the authorized improvements and permit area to standards of repair, orderliness, neatness, sanitation, and safety acceptable to the authorized officer and consistent with other provisions of this permit. Standards are subject to periodic change by the authorized officer when deemed necessary to meet statutory, regulatory, or policy requirements or to protect national forest resources. The holder shall comply with inspection requirements deemed appropriate by the authorized officer.

C. OPERATING PLAN. The holder shall prepare and annually revise by [date] an operating plan.

The operating plan shall be prepared in consultation with the authorized officer or the authorized officer’s designated representative and shall cover all operations authorized by this permit. The operating plan shall outline steps the holder will take to protect public health and safety and the environment and shall include sufficient detail and standards to enable the Forest Service to monitor the holder’s operations for compliance with the terms and conditions of this permit. The operating plan shall be submitted by the holder and approved by the authorized officer or the authorized officer’s designated representative prior to commencement of operations and shall be attached to this permit as an appendix. The authorized officer may require an annual meeting with the holder to discuss the terms and conditions of the permit or operating plan, annual use reports, or other concerns either party may have.

D. MONITORING BY THE FOREST SERVICE. The Forest Service shall monitor the holder's operations and reserves the right to inspect the permit area and transmission facilities 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 holder’s obligations under this permit are not contingent upon any duty of the Forest Service to inspect the permit area or transmission facilities. A failure by the Forest Service or other governmental officials to inspect is not a justification for noncompliance with any of the terms and conditions of this permit.

IV. RIGHTS AND LIABILITIES

A. LEGAL EFFECT OF THE PERMIT. This permit, which is revocable and terminable, is not a contract or a lease, but rather a federal license. The benefits and requirements conferred by this authorization are reviewable solely under the procedures set forth in 36 CFR Part 251, Subpart C, and 5 U.S.C. 704. This permit does not constitute a contract for purposes of the Contract Disputes Act, 41 U.S.C. 601. The permit is not real property, does not convey any interest in real property, and may not be used as collateral for a loan.

B. VALID EXISTING RIGHTS. This permit is subject to all valid existing rights. Valid existing rights include those derived under mining and mineral leasing laws of the United States. The United States is not liable to the holder for the exercise of any such right.

C. ABSENCE OF THIRD-PARTY BENEFICIARY RIGHTS. The parties to this permit do not intend to confer any rights on any third party as a beneficiary under this permit.

D. SERVICES NOT PROVIDED. This permit does not provide for the furnishing of road or trail maintenance, water, fire protection, search and rescue, or any other such service by a government agency, utility, association, or individual.

E. RISK OF LOSS. The holder assumes all risk of loss associated with use or occupancy of the permit area, including but not limited to theft, vandalism, fire and any fire-fighting activities (including prescribed burns), avalanches, rising waters, winds, falling limbs or trees, and other forces of nature. If authorized temporary improvements in the permit area 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, the permit shall terminate.

F. DAMAGE TO UNITED STATES PROPERTY. 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 and damage to government-owned improvements covered by this permit.

1. The holder shall be liable for all injury, loss, or damage, including fire suppression, prevention and control of the spread of invasive species, or other costs in connection with rehabilitation or restoration of natural resources resulting from the use or occupancy authorized by this permit. Compensation shall include but not be 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 administrative, legal (including attorney's fees), and other costs. Such costs may be deducted from a performance bond required under clause IV.J.

2. The holder shall be liable for damage caused by use of the holder or the holder's heirs, assigns, agents, employees, contractors, or lessees to all roads and trails of the United States to the same extent as provided under clause IV.F.1, except that liability shall not include reasonable and ordinary wear and tear.

G. 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 connection 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 or agents. 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.

H. ENVIRONMENTAL PROTECTION

1. For purposes of clause IV.H and section V, "hazardous material" shall mean (a) any hazardous substance under section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (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.

2. The holder shall avoid damaging or contaminating the environment, including but not limited to the soil, vegetation (such as trees, shrubs, and grass), surface water, and groundwater, during the holder's use and occupancy of the permit area. Environmental damage includes but is not limited to 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. If the environment or any government property covered by this permit becomes damaged in connection with the holder's use and occupancy, the holder shall as soon as practicable repair the damage or replace the damaged items to the satisfaction of the authorized officer and at no expense to the United States.

3. The holder shall as soon as practicable, as completely as possible, and in compliance with all applicable laws and regulations abate any physical or mechanical procedure, activity, event, or condition existing or occurring in connection with the authorized use and occupancy during or after the term of this permit that causes or threatens to cause harm to the environment, including areas of vegetation or timber, fish or other wildlife populations, their habitats, or any other natural resources.

I. INDEMNIFICATION OF THE UNITED STATES. 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 or occupancy authorized by this permit. This indemnification provision includes but is not limited to acts and omissions of the holder or the holder's heirs, assigns, agents, employees, contractors, or lessees in connection with the use or occupancy authorized by this permit which result in (1) violations of any laws and regulations which are now or which may in the future 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 solid waste, hazardous waste, hazardous materials, pollutant, contaminant, oil in any form, or petroleum product 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 addition to or as an alternative to monetary indemnification.

J. 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 and conditions of this permit or any applicable law, regulation, or order.

1. As a further guarantee of compliance with the terms and conditions 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 [bond amount] for [specify obligations covered]. 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. 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 the holder may be required to obtain additional bonding or security.

K. INSURANCE. The holder shall furnish proof of insurance, such as a certificate of insurance, to the authorized officer prior to issuance of this permit and each year thereafter that this permit is in effect. The Forest Service reserves the right to review the insurance policy and require any changes needed to ensure adequate coverage of the United States in connection with the authorized use and occupancy. The holder shall send an authenticated copy of any insurance policy obtained pursuant to this clause to the authorized officer immediately upon issuance of the policy. Any insurance policies obtained by the holder pursuant to this clause shall name the United States as an additional insured, and the additional insured provision shall provide for insurance coverage for the United States as required under this clause and to the extent of the full limits of insurance available to the holder. The holder shall give 30 days prior written notice to the authorized officer of cancellation of or any modification to the insurance policy. The certificate of insurance, the authenticated copy of the insurance policy, and written notice of cancellation or modification of insurance policies should be sent to . Minimum amounts of coverage and other insurance requirements are subject to change at the sole discretion of the authorized officer on the anniversary date of this permit.

1. The holder shall have in force liability insurance covering losses [, including those arising from strict liability,] associated with the use or occupancy authorized by this permit arising from personal injury or death and third-party property damage in the minimum amount of $ as a combined single limit per occurrence.

2. Depending on the holder's operations, the Forest Service may require the holder to demonstrate the availability of funds to address any release or threatened release of hazardous materials that may occur in connection with the holder's use or occupancy. Any requirements imposed would be established on a case-by-case basis by the authorized officer based on the degree of environmental risk from the holder's operations. The storage and use of normal maintenance supplies in nominal amounts generally would not trigger financial assurance requirements.

V. RESOURCE PROTECTION

A. COMPLIANCE WITH ENVIRONMENTAL LAWS. The holder shall in connection with the use or 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 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., CERCLA, as amended, 42 U.S.C. 9601 et seq., the Toxic Substances Control Act, as amended, 15 U.S.C. 2601 et seq., the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, 7 U.S.C. 136 et seq., and the Safe Drinking Water Act, as amended, 42 U.S.C. 300f et seq.

B. VANDALISM. The holder shall take reasonable measures to prevent and discourage vandalism and disorderly conduct and when necessary shall contact the appropriate law enforcement officer.

C. 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 National Forest System 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. 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.

D. ARCHAEOLOGICAL AND PALEONTOLOGICAL DISCOVERIES. The holder shall immediately notify the authorized officer of all antiquities or other objects of historic or scientific interest, including but not limited to historic or prehistoric ruins, fossils, or artifacts discovered in connection with the use and occupancy authorized by this permit. The holder shall follow the applicable inadvertent discovery protocols for the undertaking provided in an agreement executed pursuant to section 106 of the National Historic Preservation Act, 54 U.S.C. 306108; if there are no such agreed-upon protocols, the holder shall leave these discoveries intact and in place until consultation has occurred, as informed, if applicable, by any programmatic agreement with tribes. Protective and mitigation measures developed under this clause shall be the responsibility of the holder. However, the holder shall give the authorized officer written notice before implementing these measures and shall coordinate with the authorized officer for proximate and contextual discoveries extending beyond the permit area.

E. NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT (NAGPRA).

In accordance with 25 U.S.C. 3002(d) and 43 CFR 10.4, if the holder inadvertently discovers human remains, funerary objects, sacred objects, or objects of cultural patrimony on National Forest System lands, the holder shall immediately cease work in the area of the discovery and shall make a reasonable effort to protect and secure the items. The holder shall follow the applicable NAGPRA protocols for the undertaking provided in the NAGPRA plan of action or the NAGPRA comprehensive agreement; if there are no such agreed-upon protocols, the holder shall as soon as practicable notify the authorized officer of the discovery and shall follow up with written confirmation of the discovery. The activity that resulted in the inadvertent discovery may not resume until 30 days after the forest archaeologist certifies receipt of the written confirmation, if resumption of the activity is otherwise lawful, or at any time if a binding written agreement has been executed between the Forest Service and the affiliated Indian tribes that adopts a recovery plan for the human remains and objects.

F. PROTECTION OF THREATENED AND ENDANGERED SPECIES, SENSITIVE SPECIES,

AND SPECIES OF CONSERVATION CONCERN 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) of 1973, 16 U.S.C. 1531 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 designated 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 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.

G. CONSENT TO STORE HAZARDOUS MATERIALS. The holder shall not store any hazardous materials at the site without prior written approval from the authorized officer. This approval shall not be unreasonably withheld. If the authorized officer provides approval, this permit shall include, or in the case of approval provided after this permit is issued, shall be amended to include specific terms 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 shall be proposed by the holder and are subject to approval by the authorized officer.

1. If the holder receives consent to store hazardous material, the holder shall identify to the Forest Service any hazardous material to be stored at the site. This identifying information shall be consistent with column (1) of the table of hazardous materials and special provisions enumerated at 49 CFR

172.101 whenever the hazardous material appears in that table. For hazard communication purposes, the holder shall maintain Material Safety Data Sheets for any stored hazardous chemicals, consistent with 29 CFR 1910.1200(c) and (g). In addition, all hazardous materials stored by the holder shall be used, labeled, stored, transported, and disposed of in accordance with all applicable federal, state, and local laws and regulations.

2. The holder shall not release any hazardous material as defined in clause [IV.H for non-federal entities/IV.G for federal entities] onto land or into rivers, streams, impoundments, or natural or man-made channels leading to them. All prudent and safe attempts must be made to contain any release of these materials. The authorized officer in charge may specify specific conditions that must be met, including conditions more stringent than federal, state, and local regulations, to prevent releases and protect natural resources.

3. If the holder uses or stores hazardous materials at the site, upon revocation or termination of this permit the holder shall provide the Forest Service with a report certified by a professional or professionals acceptable to the Forest Service that the permit area is uncontaminated by the presence of hazardous materials and that there has not been a release or discharge of hazardous materials upon the permit area, into surface water at or near the permit area, or into groundwater below the permit area during the term of the permit. 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 permit area is in compliance with all applicable federal, state, and local laws and regulations.

I. CLEANUP AND REMEDIATION

1. 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, Subpart B, and 40 CFR Part

302. For the purposes of this requirement, “oil” is as defined by section 311(a)(1) of the Clean Water Act, 33 U.S.C. 1321(a)(1). The holder shall immediately notify the authorized officer or the authorized officer’s designated representative of any release or threatened release of any hazardous material in or near the permit area which may be harmful to public health or welfare or which may adversely affect natural resources on federal lands.

2. 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 in the permit area or in connection with the holder's activities in the permit area, regardless of whether those activities are authorized under this permit. 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 permit, the holder shall deliver the site to the Forest Service free and clear of contamination.

VI. LAND USE FEE AND DEBT COLLECTION

A. LAND USE FEES. The holder shall pay an initial annual land use fee of $ for the period from to , and thereafter on , shall pay an annual land use fee of $ . The annual land use fee shall be adjusted annually using the [insert applicable indexing factor].

B. MODIFICATION OF THE LAND USE FEE. The land use fee may be revised whenever necessary to reflect the market value of the authorized use or occupancy or when the fee system used to calculate the land use fee is modified or replaced.

C. FEE PAYMENT ISSUES.

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.

2. Disputed Fees. Fees are due and payable by the due date. Disputed fees must be paid in full.

Adjustments will be made if dictated by an administrative appeal decision, a court decision, or settlement terms.

3. Late Payments

(a) Interest. Pursuant to 31 U.S.C. 3717 et seq., interest shall be charged on any fee amount not paid within 30 days from the date it became due. The rate of interest assessed shall be the higher of the Prompt Payment Act rate or the rate of the current value of funds to the United States Treasury (i.e., the Treasury tax and loan account rate), as prescribed and published annually or quarterly by the Secretary of the Treasury in the Federal Register and the Treasury Fiscal Requirements Manual Bulletins. Interest on the principal shall accrue from the date the fee amount is due.

(b) Administrative Costs. If the account becomes delinquent, administrative costs to cover processing and handling the delinquency shall be assessed.

(c) Penalties. A penalty of 6% per annum shall be assessed on the total amount that is more than 90 days delinquent and shall accrue from the same date on which interest charges begin to accrue.

(d) Termination for Nonpayment. This permit shall terminate without the necessity of prior notice and opportunity to comply when any permit fee payment is 90 calendar days from the due date in arrears.

The holder shall remain responsible for the delinquent fees.

4. Administrative Offset and Credit Reporting. Delinquent fees and other charges associated with the permit shall be subject to all rights and remedies afforded the United States pursuant to 31 U.S.C. 3711 et seq. and common law. Delinquencies are subject to any or all of the following:

(a) Administrative offset of payments due the holder from the Forest Service.

(b) If in excess of 60 days, referral to the United States Department of the Treasury for appropriate collection action as provided by 31 U.S.C. 3711(g)(1).

(c) Offset by the Secretary of the Treasury of any amount due the holder, as provided by 31 U.S.C.

3720 et seq.

(d) Disclosure to consumer or commercial credit reporting agencies.

VII. REVOCATION, SUSPENSION, AND TERMINATION

A. REVOCATION AND SUSPENSION. The authorized officer may revoke or suspend this permit in whole or in part:

1. For noncompliance with federal, state, or local law.

2. For noncompliance with the terms of this permit.

3. For abandonment or other failure of the holder to exercise the privileges granted.

4. With the consent of…