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                                     FOREST SERVICE HANDBOOK

                                              JUNEAU, ALASKA



                  FSH 2709.11 – SPECIAL USES HANDBOOK

                   CHAPTER 50 – TERMS AND CONDITIONS

Supplement No.: R-10 2709.11-2006-6

Effective Date: December 22, 2006

Duration: Effective until superseded or removed.

Approved: /s/ Paul K. Brewster (for)                        Date Approved: 12/06/2006
          DENNIS E. BSCHOR
          Regional Forester

Posting Instructions: Supplements are numbered consecutively by Handbook number and
calendar year. Post by document name. Remove entire document and replace with this
supplement. Retain this transmittal as the first page of this document. The last supplement to
this Handbook was R-10 Supplement 2709.11-2006-5 to chapter 40.

New Document(s):                2709.11_50                                          19 Pages

Superseded Document(s) by       2709.11_50 (2709.11-2003-6, 9/24/2003)               6 Pages
Issuance Number and
Effective Date

Digest:

51.1 – Adds Index Title to Clauses

51.2 – Adds Alphanumeric Index to Clauses

52 – Restores several ANILCA clauses which we lost when the regional ANILCA cabin permit
supplement was replaced by terms and conditions in the Special Uses Data System. Adds
several new clauses from other regions for Alaska Region use.
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                                  FSH 2709.11- SPECIAL USES HANDBOOK
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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 10. 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 10 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 10 terms and conditions for use in authorizations follow. These terms are
given 100-series numbers to differentiate in SUDS from previous supplements.


                                                                                        Category
                                                   Title                                  and
                                                                                        Number
 Alienation of Property                                                                 R10-G102
 ANILCA Facility Maintenance                                                            R10-X103
 ANILCA New Cabin Authorization                                                         R10-X104
 ANILCA Permit Tenure                                                                   R10-E101
 ANILCA Permit Assignability                                                            R10-E103
 ANILCA Permit Termination                                                              R10-E104
 Archaeological – Paleontological Discoveries                                           R10-X106
 Alienation of Property                                                                 R10-G102
 Authorization on Lands subject to disposal                                             R10-E105
 Assignability of Roads and Trails                                                      R10-G103
 Club Requirements                                                                      R10-B104
 Conduct                                                                                R10-B101
 Construction Plans and Materials                                                       R10-C101
 Contaminated Site Clean Up                                                             R10-D101
 Designation of Holder Representative                                                   R10-X101
 Emergency Rescue                                                                       R10-B102
 Holder’s Operations                                                                    R10-X105
 Inspection of Major Drainage Structures                                                R10-G101
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                                                                                     Category
                                                   Title                               and
                                                                                     Number
 Invasive Species Prevention and Control                                             R10-D105
 Minimum Reservoir or Conservation Pool                                              R10-D108
 Nonprofit Fish hatchery fee                                                         R10-A101
 No Proprietary Rights or Privileges                                                 R10-E102
 Performance Bond, Linear Right-of-Way                                               R10-C103
 Regulation of Motorized Equipment in Wilderness and Wilderness Study Areas          R10-D104
 Operation and Management Plans                                                      R10-C102
 Seasonal Site Management                                                            R10-D102
 Specified Reservoir Flow                                                            R10-D107
 Stream Flow                                                                         R10-D106
 Termination of Authorization on Lands subject to disposal                           R10-E106
 Tide Lands                                                                          R10-X102
 Use of Equipment in Wilderness and Wilderness Study Areas                           R10-D103
 Utility Installation                                                                R10-B103


51.2 – Alphanumeric Index to Clauses

 Category and
                                                           Title
   Number

 A                    FEES AND PAYMENTS
 R10-A101             Non-Profit Fish Hatchery Fees

 B                    SAFETY, HEALTH, LIABILITY, AND NONDISCRIMINATION
 R10-B101             Conduct
 R10-B102             Emergency Rescue
 R10-B103             Utility Installation
 R10-B104             Club Requirements

 C                    DEVELOPMENT, CONSTRUCTION, AND PERFORMANCE BONDS
 R10-C101             Construction Plans and Materials
 R10-C102             Operation and Management Plans
 R10-C103             Performance Bond, Linear Right-of-Way

 D                    RESOURCE AND IMPROVEMENT PROTECTION
 R10-D101             Contaminated Site clean Up
 R10-D102             Seasonal Site Management
 R10-D103             Use of Equipment in Wilderness and Wilderness Study Areas
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 R10-D104             Regulations of Motorized Equipment in Designated Wilderness or Wilderness
                      Study Areas
 R10-D105             Invasive Species Prevention and Control
 R10-D106             Stream Flow
 R10-D107             Specified Reservoir Flow
 R10-D108             Minimum Reservoir or Conservation Pool

 E                    TENURE, TERMINATION, REVOCATION, AND LIMIT OF USE
 R10-E101             ANILCA Permit Tenure
 R10-E102             No Proprietary Rights or Privileges
 R10-E103             ANILCA Permit Assignability
 R10-E104             ANILCA Permit Termination
 R10-E105             Authorization on Lands subject to disposal
 R10-E106             Termination of Authorization on Lands subject to disposal

 F                    FIRE

 G                    ROADS
 R10-G101             Inspection of Major Drainage Structures
 R10-G102             Alienation of Property
 R10-G103             Assignability of Roads or Trails

 X                    MISCELLANEOUS
 R10-X101             Designation of Holder Representative
 R10-X102             Tide Lands
 R10-X103             ANILCA Facility Maintenance
 R10-X104             ANILCA New Cabin and related structures
 R10-X105             Holder’s Operations
 R10-X106             Archaeological-Paleontological Discoveries

52 – Supplemental Terms and Conditions

52.1 – A Clauses – Fees and Payments
     A-101. Nonprofit Fish Hatchery Fees. (R10-A101)

         User Note: To be used for any nonprofit fish hatchery authorization. On
         August 14, 1974, the State of Alaska passed legislation authorizing
         operation of private, nonprofit salmon hatcheries. This use involves the
         occupancy of National Forest System lands. The land use rental fee will
         be made for the use and occupancy of National Forest System land, based
         on a percent of capital investment and is two-tenths (0.2) of one percent of
         the on-site investment with a minimum fee as shown in the Regional Fee
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         Schedule, FSH 2709.11, Chapter 30. Fees are to be assessed on an annual
         basis.

         1. In consideration for this use, the permit holder shall pay to the Forest Service, United
         States Department of Agriculture, the sum of $ (Dollars) for the period from          (date)
         to (date) .

         Thereafter, the annual fee will be whichever is the greater of the Regional minimum fee
         or 0.2 of one percent of the value of the on-site investment located on the permitted site
         as of the last day of the calendar year just ending, provided; however, that charges for this
         use may be made or readjusted by the Forest Service, whenever necessary, to place the
         charges on a basis commensurate with the value of said use.

         Upon completion of the construction of the facilities authorized by this permit, the permit
         holder will give the Forest Service a statement of its total investment on said site,
         certified by the permit holder or its certified public accountant as being complete and
         correct.

         Any change in the facilities or an adjustment of a total investment will be reported to the
         Forest Service within thirty (30) days of completion of such change in the form of a
         revised statement of total investment, duly itemized and certified. The value of
         improvements, such as buildings, and other structures, will be the cost of materials and
         construction on the site. The value of equipment is its purchase or sale price including
         transportation and does not include installation costs. Changes in investment will be
         recognized only, if there is an increase or decrease in the value of the investment
         resulting from additions or removals. They will not be made for appreciation or
         depreciation.

         Any necessary changes in the fee will be made as of the beginning of the calendar year.

         2. The permit holder, prior to any development or construction under this permit, will
         show evidence of available financing adequate to complete and operate the planned
         project in the amount of $_______ within _______ months of the date of this permit.
         Source: R10-FSH 2700-2003-3 dated 9/19/2003, section 2722.16 fish hatchery fees
         Modification: number change to R10-A101

52.2 – B Clauses - Safety, Health, Liability, and Nondiscrimination
    B-101. Conduct. (R10-B101)

         User Note: For use in Outfitter/Guide and Commercial Service permits.
         Use also in ANILCA facility authorizations.

         In general, the holder is expected to behave in a professional demeanor regarding their
         interactions with the Forest Service, other agencies, their peer group, and the people they
         serve. Disorderly or objectionable conduct by the Holder, (or those occupying the
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         premises with holder’s permission) may be cause for termination of this authorization.
         The authorized officer shall determine whether or not “proof of disorderly conduct” is
         sufficient to warrant termination of the authorization.

         Source: R10-FSH 2709.11-91-1, Exhibit 01, ANILCA Cabin Special Use permit, clause 19. Supplement
         dated 4/22/1991.
         Modification: number change to R10-B101, language change recommended by Bruce Campbell, Cordova
         RD.

    B-102. Emergency Rescue. (R10-B102)

         User Note: Optional for use. Recommended for use with Outfitter and
         Guide permits.

         In the event of rescue and evacuation involving the holder, and/or agents, employees,
         and/or clients engaged in or conducting the activities authorized herein, the United States
         shall not be responsible for the costs of such rescue and evacuation, or associated aid and
         treatment.

         Source: R1-2709.11-2000-1, dated February 8, 2000
         Modification: number change to R10-B102

    B-103. Utility Installation. (R10-B103).

         User Note: Use in authorizations when appropriate. This provision
         applies to permits authorizing construction of permanent facilities and to
         linear rights-of-way.

         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: R2-2709.11-2006-1 clause R2-B-101
         Modification: number change to R10-B103

    B104. Club Requirements. (R10-B104).

         User Note: This clause is mandatory for all new club permits and for all
         current authorizations when they are reissued per FSM 2347.2. The
         percents indicated in item c. are to be determined on a case by case basis
         for each authorization. Progress over time in improving accessibility, and
         maintaining group (as opposed to individual) resting space should be
         clearly demonstrated.

         a. Individual or family ownership of any portion of a club building and facilities is not
         permitted. Such ownership shall be common to the club organization.
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         b. Club members shall enjoy common rights and shall be treated equally with regard to
         all privileges and facilities under this permit.

         c. On new or remodeled buildings, at least  percent of the space allocated for
         sleeping must be dormitory-type accommodations. Male and female dormitory space
         may be separately maintained.

         d. The holder must keep a current record of use of the permitted area by members and
         guests. This record must be made available for review upon request of the Forest
         Service.

         e. Any changes to club bylaws must be submitted to the Forest Service for review. The
         above requirements (a-d) must be supported in the aforementioned bylaws.

         f. New club members may not be added per Section 1307 of ANILCA. This section of
         ANILCA specifies persons providing visitor services prior to January 1, 1979, needed
         to document their engagement in such activities in the original application for a special
         use authorization.

         Source: Civil Rights Title VI compliance, R6-2709.11-2005-1, dated December 27, 2005.
         Modification: number change to R10-B104, Clause adapted to ANILCA clubs in AK

52.3 – C Clauses – Development, Construction, Operations, and
Performance Bonds
    C101. Construction Plans and Materials. (R10-C101)

         User Note: To be added to all ANILCA facilities special use
         authorizations where construction of facilities placed on a permanent
         foundation is approved. For optional use with other uses where
         construction is being authorized.

         All proposed permanent facilities will require that the applicant submit plans, which have
         been certified by a State Licensed Engineer. These plans will be subject to review by the
         Forest Service prior to any construction. The exterior of all new facilities shall be
         constructed of materials which blend with and are compatible with the surrounding
         environment.
         Source: R10-FSH 2709.11-91-1, Exhibit 02, ANILCA Cabin Special Use permit, dated 4-22-1991
         Modification: formerly clause number 14, number change to R10-C101

    C102. Operation and Management Plan. (R10-C102)

         User Note: For optional use in authorizations when an operation or
         management plan is desirable to control specific uses, construction,
         operation, or maintenance impacts. The Outfitter and Guide permit FS-
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         2700-4i has a standard operating plan clause, so this regional clause
         would be redundant – do not use in Outfitter and Guide permits.

         The attached operation or management plan, described as Exhibit * , when currently
         approved by the authorized officer this plan will become a part of this authorization. Its
         terms and conditions are binding on the permit holder / grantee.
         Source: R9-2709.11-2004-1, dated December 14, 2004
         Modification: number change to R10-C102

    C103. Performance Bond, Linear Right-of-Way. (R10-C103)

           User Note: 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.

         Source: R2-FSH-2709.11-2006-1, dated May 3, 2006
         Modification: number change to R10-C103

52.4 – D Clauses - Resource and Improvement Protection
    D101. Contaminated Site Clean Up (R10-D101).

         User Note: To be added to all special use authorizations where hazardous
         materials, including petroleum products, may be used or stored. . The
         Outfitter and Guide permit FS-2700-4i has standard Compliance with
         Environmental Laws and Clean-up and Remediation clauses, so this
         regional clause would be redundant – do not use in Outfitter and Guide
         permits.

         Holder is responsible for notifying the Authorized Officer immediately upon the release
         of a hazardous substance, pollutant or contaminant, or a discharge of oil. If lessee/holder
         is unable to reach the Authorized Officer immediately, the lessee/holder shall contact the
         National Response Center (at 1-800-424-8802, or as otherwise provided in 40 CFR
         300.125) for guidance concerning whether the release will require immediate response by
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         regulatory response entities. The terms hazardous substance, pollutant or contaminant
         and oil are as defined in CERCLA and the Clean Water Act at 42 U.S.C. 9601(14); 42
         U.S.C. 9601(33); and 33 U.S.C. 1321(a)(1), respectively.

         The National Contingency Plan (NCP), 40 CFR 300, may apply to discharges of oil or
         releases of hazardous substances, pollutants, or contaminants. The NCP provides specific
         procedures for federal, state and local authorities to take to ensure coordinated and
         effective response to discharges and releases, and contains procedures for determining the
         applicable cleanup standards.

         For all releases or discharges on, from, or affecting National Forest System lands or
         resources, the Forest Service will coordinate with appropriate regulatory entities to lead,
         oversee, and/or facilitate the cleanup. Pursuant to authorities outlined in Executive Order
         12580, as amended by EO 13016, the FS retains lead agency authority for removal
         actions of CERCLA hazardous substance releases on NFS lands. As per the
         Memorandum of Understanding between the USFS and the Alaska Department of
         Environmental Coordination (FS Agreement 02MU111001-010), the FS will ensure that
         non-CERCLA contaminated sites on NFS lands are referred to ADEC for cleanup by the
         person or persons responsible in accordance with the site cleanup rules at Title 18 Alaska
         Administrative Code (AAC) 75.325-390. For non-CERCLA substances regulated under
         the Oil Pollution Act of 1990 (33 U.S.C. Sections 2701-2761, as annotated), ADEC will
         determine, on a site-specific basis, the scope and nature of response, including the
         applicable cleanup standards for petroleum, oil and lubricant contamination.
         Accordingly, the lessee/holder shall obtain prior approval from the ADEC before
         beginning any non-CERCLA contaminated site cleanup process on the approved site.

         All cleanup activities at contaminated sites on National Forest System lands in Alaska
         must, at a minimum, meet the environmental cleanup standards for soils, established by
         ADEC at 18 AAC 75.341 in Tables B-1 and B-2, or for groundwater in 18 AAC 75.345
         Table C and applicable water quality standards. The initial soil cleanup levels are
         conservative and based on the Method 2 Migration to Groundwater pathway for the
         appropriate rainfall zone. The responsible party may apply to ADEC for alternative
         cleanup levels after characterizing the contamination and evaluating site specific soil
         parameters. ADEC may approve a Method 3 alternate cleanup level for various
         petroleum hydrocarbons based on these site-specific conditions. The Forest Service
         provides consultation to ADEC when alternate cleanup standards are proposed.

         Other federal or state pollution control laws may also apply depending on site-specific
         factors. Nothing in this provision relieves the lessee/holder from also meeting the
         requirements of other federal or state pollution control laws.

         Source: R10-2709.11-2003-6, dated September 24, 2003.
         Modification: number change to R10-D101, Language updated by Ken Maas 11-10-04
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    D102. Seasonal Site Management (R10-D102).

         User Note: To be added to all ANILCA facilities special use
         authorizations used for the taking of fish and wildlife. Optional for use in
         other authorizations where site management might pose a problem. For
         outfitter and guides see D103 clause.

         Use shall be limited to the season specified on the face of the authorization, with ___
         (one or two) ___ additional week(s) on either side of the season for preparation and
         clean-up. The Authorized Officer may approve additional use or an extension of time.
         To preserve the temporary nature of facilities approved under a permit, the breakdown
         and storage of said facilities shall be required upon regular or seasonal cessation of
         activities. The components of approved facilities and equipment may be stored on site in
         an orderly and consolidated state. Authorized site shall be kept clean, neat, well
         maintained and orderly. Trash, debris, unusable machinery, fuel containers, etc. shall be
         disposed of concurrently with site use or no later than the end of each season, to avoid an
         accumulation of unneeded equipment. Toilet holes shall be filled in to avoid the spread
         of human waste and attraction of animals.

         Source: R10 FSH 2709.11-2003-4, dated June 30, 2004, and R10-FSM 2300-2003-2 dated September 17,
         2003
         Modification: number change to D102, name changed to Seasonal Site Management, from Seasonal Use

    D103. Use of Equipment in Wilderness and Wilderness Study Areas (R10-D103).

         User Note: To be added to all special use authorizations for temporary
         ANILCA facilities authorize by Section 1316 of ANILCA in wilderness or
         wilderness study areas.

         Use of motorized equipment may by used when determined to be the minimum tool
         necessary and is approved in advance by the Authorized Officer. Only temporary
         equipment directly and necessarily related to the taking of fish and wildlife will be
         authorized, and may include equipment such as chainsaws, generators, and other hand-
         held tools or appliances.

         Source: R10-FSM-2320 R10 Supplement No. 46, dated 2-26-1990, Tongass Land Management Plan 1997,
         Chugach Land Management Plan 2002.
         Modification: Changed number to R10-D103.

    D104 - Regulation of Motorized Equipment in Designated Wilderness Areas or Wilderness
    Study Areas (R10-D104).

         User Note: To be added to all special use authorizations for 1303(b) and
         1303(d) ANILCA cabins in wilderness or wilderness study areas.

         Use of motorized equipment may by used when determined to be the minimum tool
         necessary and is approved in advance by the Authorized Officer. Authorized ground
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         equipment may include chainsaws, generators, power brush cutters, and other hand-held
         tools and appliances, but not all terrain vehicles (ATV’s), motorcycles, or other types of
         off road vehicles (ORV’s) except snowmachines. Power lawn mowers, rototillers and
         other power garden equipment may be used only on existing lawns and gardens that were
         established prior to the designation of the area as wilderness, or designated as wilderness
         study areas.

         Source: R10-FSM-2320-2003-2, dated September 17, 2003. (Taken from Sept 1992 letter signed by
         Michael Barton, RF copy filed in Historical ANILCA Correspondence Notebooks); Tongass Land
         Management Plan 1997, Chugach Land Management Plan 2002

    D105. Invasive Species Prevention and Control. (R10-D105)

         User Note: Use this clause in all authorizations involving ground
         disturbance that could result in the introduction or spread of noxious
         weeds and/or exotic plants. Clause would be appropriate for use at sites
         associated with permanent structures, such as cabins, resorts,
         communication sites, pipelines, etc. The intent is to apply this 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.

         The Outfitter and Guide permit FS-2700-4i has a standard noxious weed
         prevention and control clause, so this regional clause would be redundant
         – do not use in Outfitter and Guide permits.

         The introduction of invasive, non-native plants, including noxious weeds and/or exotic
         plants needs to be prevented and controlled on National Forest System lands according to
         the following:

         1. The holder shall be responsible for the prevention and control of noxious weeds and/or
         exotic plants arising from the authorized use. For purposes of this clause, noxious weed
         and exotic plants include those species identified in the Alaska Region publication
         “Selected Invasive Plants of Alaska” 2004, or any subsequent version issued during the
         tenure of this authorization.

         2. When control or elimination of noxious weeds and/or exotic plants is determined to be
         necessary by the authorized officer, the holder shall develop a plan for noxious weed and
         exotic plant prevention and control. Such plans must have prior written approval from
         the authorized officer and, upon approval, shall be attached to this permit as an appendix.

         Source: FS-2700-4i permit, dated June 2005.
         Modification: number changed to R10-D105, adapted to Alaska Region publication
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    D106. Stream Flow. (R10-D106)

         User Note: 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 stream flow 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: R2-FSH-2709.11-2006-1, dated May 3, 2006.
         Modification: Wording change from bypass flow or instream flow to stream flow. Number change to
         match R10 numbering system.

    D107. Specified Reservoir Flow. (R10-D107)

         User Note: 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: R2-FSH-2709.11-2006-1, dated May 3, 2006.
         Modification: Number change to match R10 numbering system.

    D108. Minimum Reservoir or Conservation Pool. (R10-D108)

         User Note: 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.
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         Source: R2-FSH-2709.11-2006-1, dated May 3, 2006.
         Modification: Number change to match R10 numbering system.

52.5 – E Clauses - Tenure, Termination, Revocation, and Limit of Use
    E101. ANILCA Permit Tenure (R10-E101)

         User Note: To be added to all 1303(b) ANILCA Cabin special use
         authorizations. May be used as appropriate for other ANILCA facilities.

         This permit may be renewed for a period of 5 years. At the time of renewal, reasonable
         terms and conditions which may be prescribed by the Forest Service to comply with the
         current existing laws and regulations governing the occupancy and use of National Forest
         System lands shall be included in the renewed authorization.

         Source: ANILCA 1303(b)(2); R10 Supplement 2709.11-91-1, Exhibit 01, ANILCA cabin special use
         permit, clause 1. Supplement dated 4/22/91.
         Modification: formerly clause number E1, number change to R10-E101

    E102. No Proprietary rights or privileges. (R10-E102)

         User Note: To be added to all special use authorizations for shelters and
         cabins authorized by Section 1303 or 1316 of ANILCA, including
         industrial facilities. This clause may be used in other authorizations
         issued under the authority of the Organic Act of 1897, as needed.

         This permit conveys no proprietary rights or privileges to the Holder. Private recreational
         use, commercial use, (other than shown on the face of the permit), or subleasing of the
         facilities is prohibited. The Holder (or the holder’s estate) agrees to vacate the site and
         remove all personal property upon termination, non-renewal, or revocation of the permit.

         Source: R10 Supplement 2709.11-91-1, Exhibit 01, ANILCA cabin special use permit, clauses 18 and 24.
         Supplement dated 4/22/91.
         Modification: formerly clause numbers 18, 24, and 26, number change to R10-E102

    E103. ANILCA Permit Assignability (R10-E103).

         User Note: To be added to all special use authorizations for ANILCA
         1303(d) cabins that have been transferred one time or ANILCA 1303(b)
         cabins which are not subject to the transfer clause; or for temporary
         facilities issued under ANILCA section 1316.

         This authorization is not assignable or transferable. If Holder, through death, voluntary
         transfer, enforcement of contract, foreclosure, or other valid legal proceeding ceases to be
         the owner of the improvements described on the face of this authorization, this
         authorization shall terminate by its own provisions. A new authorization shall not be
         issued to any subsequent person, heir, living trust, corporation, or any person holding an
         interest in the improvements.
R-10 SUPPLEMENT 2709.11-2006-6                                                          2709.11_50
EFFECTIVE DATE: 12/22/2006                                                              Page 14 of 19
DURATION: Effective until superseded or removed.

                                  FSH 2709.11- SPECIAL USES HANDBOOK
                                  CHAPTER 50 – TERMS AND CONDITIONS



         If this authorization is terminated, it is agreed that the removal of the structures and
         improvements, in accordance with the terms of the authorization, shall be the sole
         responsibility of the holder or the holder's estate. It is also agreed that any and all costs,
         expenses, or liabilities incurred by the Forest Service in connection with the removal of
         structures and improvements and the restoration of the site are proper charges against the
         estate to be paid by the holder or from the assets of the estate.

         Source: R10 Supplement 2709.11-91-1, Exhibit 01, ANILCA cabin special use permit, clauses 11 and 12.
         Supplement dated 4/22/91
         Modification: number change to formerly clause number 12, renumbered to E103. Combined with
         Conditioned Tenure clause, formerly clause R10-E1. Name change from Non-transferable to Assignability,
         and wording from Assignability clause incorporated into 1 st PP.

    E104. ANILCA Permit termination (R10-E104).

         User Note: To be added to all special use authorizations for ANILCA
         1303(d) or ANILCA 1303(b) cabins. For temporary facilities issued
         under ANILCA section 1316, delete the second paragraph.

         This authorization may be terminated upon breech of any of the conditions herein, or
         upon a finding by the Authorized Officer, that there is a demonstrated conflict with the
         purposes for which the area is used or was established.

         Termination for reasons involving conflicts for which the area is used or was established,
         would be effective only after specific findings, following public notice and an
         opportunity for written comments from the Holder. Termination or non-renewal for
         reasons involving conflicts for which the area is used or was established will require
         notification 5 years prior to termination of the authorization; or death of the last Holders
         named herein, whichever occurs first.

         Source: R10 Supplement 2709.11-91-1, Exhibit 01, ANILCA cabin special use permit, clause 25.
         Supplement dated 4/22/91.
         Modification: number change to E104.

    E105. Authorization on Lands subject to Disposal. (R10-E105)

         User Note: 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.
R-10 SUPPLEMENT 2709.11-2006-6                                                         2709.11_50
EFFECTIVE DATE: 12/22/2006                                                             Page 15 of 19
DURATION: Effective until superseded or removed.

                                  FSH 2709.11- SPECIAL USES HANDBOOK
                                  CHAPTER 50 – TERMS AND CONDITIONS


         Source: R2-FSH-2709.11-2006-1 dated May 3, 2006
         Modification: number change to R10-E105

    E106. Termination of Authorization on Lands subject to Disposal. (R10-E106)

         User Note: Use this clause in all authorizations issued for uses occurring
         in areas that have been identified or are being considered for disposal.
         The following clause must be used in special use permits that are
         presently in or may be within the boundaries of State or Native claim
         selection areas. Do not use in easements, leases or term permits as these
         uses are conveyed subject to outstanding rights.

         This authorization will terminate upon issuance of a decision to convey the land into non-
         Federal ownership. Should this authorization fall within the boundaries of a present or
         future State or Native claims selection area, this authorization shall terminate 2 days prior
         to the selection receiving tentative approval, interim conveyance, or patent to the State of
         Alaska, a Native, or a Native corporation.

         Source: R10-FSH-2709.11-2003-6, dated June 30, 2003 clause X-12 combined with R2-FSH-2709.11-
         2006-1 dated May 3, 2006.
         Modification: number change to R10-E106, replaces former R10-X12-State or Native Claims Selection

52.7 – G Clauses – Roads
    G101 - Inspection of Major Drainage Structures (R10-G101).

         User Note: This clause is mandatory for all private roads with major
         drainage structures as defined as one with a span of 20 feet or greater.
         Clause may be added as Item 4 to WO clause G-1.

         The holder is responsible for the inspections of the following major drainage structures:

                               (description and location)

         These structures shall be inspected by a qualified engineer, registered within the State in
         which the structure is located, on a two (2) year interval or when damage occurs to the
         structures.

         The procedure shall include a written field inspection report and structural analysis to
         determine the safe load carrying capacity. Structures shall be rated as to safe load
         carrying capacity in accordance with the current edition of the Manual for Maintenance
         Inspections of Bridges published by the American Association of State Highway and
         Transportation Officials. A copy of maintenance and/or repair or replacement shall be
         forwarded to the Forest Supervisor for review and approval. The holder and the Forest
         Supervisor then will agree as to when the needed repairs and/or maintenance or
         replacement will be completed.
R-10 SUPPLEMENT 2709.11-2006-6                                                    2709.11_50
EFFECTIVE DATE: 12/22/2006                                                        Page 16 of 19
DURATION: Effective until superseded or removed.

                                  FSH 2709.11- SPECIAL USES HANDBOOK
                                  CHAPTER 50 – TERMS AND CONDITIONS



         Source: R1-FSH-2709.11-200-1 dated February 8, 2000.
         Modification: number change to R10-G101

    G102. Alienation of Property (R10-G102).

         User Note: This clause is mandatory for use in any FLPMA Forest or
         Private Road special use authorization where there is a possibility of sale
         or subdivision of private land served by this authorization.

         If Holder ceases to be the owner of the real property described above, or any portion
         thereof, this permit shall terminate. At its discretion and in accordance with then-existing
         laws, regulations and policies, the Forest Service may grant additional authorization(s) to
         subsequent property owners.

         Source: R1-FSH-2709.11-200-1 dated February 8, 2000.
         Modification: number change to R10-G102

    G103. Assignability of Roads or Trails (R10-G103).

         User Note: This clause is mandatory for use in any FLPMA Forest or
         Private Road special use authorization where there is a possibility of sale
         or subdivision of private land served by this authorization.

         This authorization for road or trail access to privately owned property shall terminate, if
         the permit holder ceases to be the owner of the above-described real property through
         death, voluntary transfer, enforcement of contract, foreclosure, or other valid legal
         proceeding. This authorization is not assignable or transferable.

         Source: R1-FSH-2709.11-200-1 dated February 8, 2000.
         Modification: number change to R10-G103

52.8 – X Clauses - Miscellaneous
    X101. Designation of Holder Representative (R10-X101).

         User Note: Use on all Permits if the holder is an organization or if the
         permit has been authorized under ANILCA (e.g. with a listing of family
         members).

         The holder (or use name of authorized group) must designate in writing to the authorized
         officer the name and title of the person who is authorized to act in all matters connected
         with the privileges authorized by this permit. In the event the designated representative is
         to be changed for any reason, the authorized officer must be notified of the replacement
         as soon as possible.

         Source: R10-FSH-2709.11-2003-6 dated September 24, 2003.
         Modification: number change to R10-X101
R-10 SUPPLEMENT 2709.11-2006-6                                                         2709.11_50
EFFECTIVE DATE: 12/22/2006                                                             Page 17 of 19
DURATION: Effective until superseded or removed.

                                  FSH 2709.11- SPECIAL USES HANDBOOK
                                  CHAPTER 50 – TERMS AND CONDITIONS



    X102. Tide Land Clause (R10-X102).

         User Note: All Permits that involve, or may involve, the use of tidelands
         shall include the following clause.

         This permit authorizes only the area and improvements located above the line of mean
         high tide. Mean high tide is usually found around the 12 foot tide level, and is commonly
         associated with the presence of beach vegetation.

         Authorization for the use of the tidelands seaward from the line of mean high tide must
         be secured from the State of Alaska, Division of Lands.

         Source: R10-FSH-2709.11-2003-6 dated September 24, 2003.
         Modification: number change to R10-X102, re-worded by Jim Ustasiewski in OGC to be consistent with
         Tongass NF, Quiet Title Settlement Agreement.

    X103. ANILCA Facility Maintenance (R10-X103)

         User Note: To be added to all special use authorizations for ANILCA
         cabins issued under section 1303(b) or (d), including temporary facilities
         issued under section 1316. Include the second paragraph only in those
         authorizations which were issued under section 1303(b)(2) of ANILCA, or
         are within wilderness or wilderness study areas.

         The existing improvements authorized by this authorization may be maintained, replaced
         in kind, removed, but not enlarged. Only routine maintenance is permitted. New
         structures or major modifications of existing structures will not be allowed unless
         required to meet reasonable health and safety needs. All exterior maintenance will
         require construction with natural materials and colors which blend and are compatible
         with the surrounding environment. All improvements or replacement structures shall
         have prior written approval from the Authorized Officer.

         In the event a substantial portion of the existing improvements are destroyed by fire or
         other casualty so as to render the same untenable, they may not be rebuilt; the permit
         shall terminate according to its own terms. The proportioned amount of fees for the
         balance of the calendar year will be reimbursed to the holder once the site has been
         restored.

         Source: R10-2709.11-2003-2, dated June 30, 2003; R10 Supplement 2709.11-91-1, Exhibit 01, ANILCA
         cabin special use permit, clause 14. Supplement dated 4/22/91

         Modification: number change to R10-X103
R-10 SUPPLEMENT 2709.11-2006-6                                                   2709.11_50
EFFECTIVE DATE: 12/22/2006                                                       Page 18 of 19
DURATION: Effective until superseded or removed.

                                  FSH 2709.11- SPECIAL USES HANDBOOK
                                  CHAPTER 50 – TERMS AND CONDITIONS


    X104. New ANILCA Cabin and Related Structures (R10-X104).

         User Note: To be used for all new permanent cabins permitted in Alaska
         after December 2, 1980, authorized by sections 1303(b)(1) and 1303(b)(4)
         of ANILCA.

         Any cabin or outbuilding approved for construction by the Forest Service under this
         authorization, which is authorized under Section 1303(b)(1) of ANILCA, upon
         construction will become the property of the U.S. Government, U.S.D.A., Forest Service,
         and shall be subject to the same rules and regulations as other post-ANILCA cabins on
         National Forest System lands including but not limited to:

         (1) Authorization may be renewed every 5 years at the request of holder, so long as the
         holder is engaged in the activities for which this authorization was issued. Authorization
         will terminate upon nonuse for purposes authorized, or noncompliance with terms of
         authorization, or at the request of the holder.

         (2) Authorization is nontransferable and will terminate upon the death of the holder or
         termination, revocation, or non-renewal.

         (3) Holder agrees to vacate the cabin or structure and remove, within a reasonable period
         established by the authorized officer, all personal property from it upon nonrenewal,
         termination, or revocation of authorization. It is agreed that the removal of the structures
         and improvements shall be the sole responsibility of the permit holder, or the holder’s
         estate in the event of death of the holder.

         (4) Holder acknowledges that they have no interest in the real property on which the
         cabin is located.

         (5) This authorization is granted specifically for the purposes designated herein. Cabins
         and other structures authorized herein shall not be used for recreation or commercial
         purposes. Use of any structure(s) authorized under the terms of this authorization shall
         be limited to the purposes for which the authorization is issued. This authorization shall
         be revoked for unauthorized use.

         (6) Authorization may be revoked under Section 1303(c)(2) of ANILCA.

         Source: R10-2709.11-2003-6 dated June 30, 2003.
         Modification: number change to R10-X104

    X105. Holder’s Operations. (R10-X105)

         User Note: To be added to all authorizations used in conjunction with
         State licenses, such as mariculture and commercial fishing set-net
         facilities.
R-10 SUPPLEMENT 2709.11-2006-6                                                          2709.11_50
EFFECTIVE DATE: 12/22/2006                                                              Page 19 of 19
DURATION: Effective until superseded or removed.

                                  FSH 2709.11- SPECIAL USES HANDBOOK
                                  CHAPTER 50 – TERMS AND CONDITIONS


         This permit is subject to and contingent on required Federal and State laws, rules, and
         regulations applicable to the holder's operations. Termination or sale of any of the
         required Federal or State licenses or permits needed for the holder’s legal operation shall
         automatically terminate this authorization.
         Source: R10-2709.11-2003-2 dated June 30, 2003. See section on Mariculture Uses, and Set-Net Fishing
         sites.
         Modification: number change to R10-X116

    X106. Archaeological-Paleontological Discoveries (R10-X106).

         User Note: This clause is mandatory in all permits that authorize any
         land use.

         (1) For authorizations where ground disturbing activities are not permitted.

         Items of historic, prehistoric, or paleontological value are protected under various Federal
         laws, including the Antiquities Act of 1906 (16 U.S.C. 433), the Archaeological Resource
         Protection Act of 1979 (16 U.S.C. 47033) as amended, and Federal regulations. If
         historic, prehistoric, or paleontological objects or sites are discovered during activities
         under this permit, the holder is responsible for assuring that those objects or sites are not
         disturbed during the course of the activities of the holder or the holder's clients. The
         holder must notify the Forest Service of such discovery at the earliest opportunity.
         Failure to comply with this clause may result in criminal prosecution of the holder for
         violation of a Federal law or regulation.

         (2) For authorizations where ground disturbing activities are permitted:

         Items of historic, prehistoric, or paleontological value are protected under various Federal
         laws, including the Antiquities Act of 1906 (16 U.S.C. 433), the Archaeological Resource
         Protection Act of 1979 (16 U.S.C. 47033) as amended, and Federal regulations. If
         historic, prehistoric, or paleontological objects or sites are discovered during ground
         disturbing activities under this permit, the holder must cease such activities in the vicinity
         of the discovery. The holder is responsible for protecting the objects or sites from further
         disturbance until the Forest Service is notified. The holder must not resume activities in
         the area of the objects or sites until written approval from the Forest Supervisor is given.
         Failure to comply with this clause may result in criminal prosecution of the holder for
         violation of a Federal law or regulation.
         Source: R10-2709.11-2003-6 dated June 30, 2003.
         Modification: number change to R10-X106

				
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