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USDA Forest Service

VIEWS: 26 PAGES: 27

									R3 SUPPLEMENT 2709.11-86-1                                                        2709.11_53
EFFECTIVE DATE: 11/86                                                             Page 1 of 27
DURATION: This supplement is effective until superseded or removed.

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



53 - SPECIAL-USE TERMS AND CONDITIONS

To facilitate requests for special clauses, a master index of all clauses approved by the Attorney
in Charge will be maintained in the Regional Office. This supplement will be amended
periodically to include such clauses. Anyone needing a special clause should send the proposed
wording to the Regional Office along with an explanation of the type of permit and the particular
need for it. If a similar approved clause is on file, it will be sent; otherwise, the proposed clause
will be forwarded to the Attorney in Charge for determining legal sufficiency. The following
clauses have been approved:

53.1 - A-Fees and Payments

A-1. Concessions, Financial Statements. Use this clause in lieu of A-8 for concessions.

The accounting records for the permit will be maintained according to its fiscal year, which is
established as the consecutive 12 months ending on each                           . Subsequent
changes to this fiscal year must be approved by the Forest Service.
                                                                                1
The permittee will send to the Forest Supervisor on or before                     of each year,
financial statements and reconciliations of fee-base items (Sales and Gross Fixed Assets) to
comparable values on the financial statements. A certification as to the existence and value of
Gross Fixed Assets will also be provided for the year ended                . The financial statements
will be prepared in comparative form and supplemented with schedules and other information
necessary to meet the reporting standards of the American Institute of Certified Public
Accountants. The permittee will also include sublessee financial statements, reconciliations of
fee-base items, etc., prepared in similar form for the sublessee's fiscal year ended nearest to or
coinciding with that of the permittee' e.g., a sublessee's accounting year ended December 31
would be consolidated with a concessioner's fiscal year ended October 31 for fee calculation
purposes.

The permittee will apply the same reporting procedures set out in the preceding paragraph to any
"short" or transitional accounting period that results from fiscal year change. This transition
period, regardless of its brevity will be reported for fee calculation purposes as though it is a full
accounting year; and the due date of the permittee's annual operating statements will change to a
date that is 3 months following the close of that new fiscal year.




1
 This date will be 90 days following the end of the permittee's or any sublessee's fiscal year,
whichever comes last.
R3 SUPPLEMENT 2709.11-86-1                                                         2709.11_53
EFFECTIVE DATE: 11/86                                                              Page 2 of 27
DURATION: This supplement is effective until superseded or removed.

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


A-2 - Substitute the following for the entire clause that defines Gross Fixed Assets, item 1, of
parent text.

       1. Gross Fixed Assets (GFA) is the total cost or other acceptable basis of improvements,
equipment, and fixtures necessary and used to generate sales and other income during the permit
year on the permitted area or within the development boundary shown up in this permit.

              a. The gross values of fixed assets that are duly recorded in the concessioner's books
              and supporting subsidiary records in accordance with generally accepted accounting
              procedures and that are certified to be in existence and qualify for inclusion as GFA
              by an officially designated Forest Service representative are included.

              b. Such items as the following are not a part of Gross Fixed Assets:

              (1) Assets that ordinarily qualify for inclusion in gross fixed assets, but which are out
              of service for the full operating year for which fees are being determined.

              (2) Land.

              (3) Expendable or consumable supplies.

              (4) Intangible assets, such as goodwill, organization expense, and permit value.

              (5) Improvements not related to the operation.

              (6) Luxury improvements not used to generate sales.

              (7) Improvements not located on the permitted sites or within the development
              boundary.

              c. Gross Fixed Asset values at the end of any "short" or transitional period resulting
              from starting, terminating, or fiscal year change, will be scaled down in proportion to
              the number of months in the short period. The resulting fractional amount of gross
              fixed assets will be applied in the fee computation for the "short" or transitional
              period. Established seasonal sales patterns may be substituted as a basis for GFA
              scaling.

A-6 - Late Payment Interest Charge.

Pursuant to the Federal Claims Collection Act of 1966, as amended, 31 USC 3717 (Interest and
Penalty on Claims), et seq., and regulations at 7 CFR Part 3, Subpart B, an interest charge shall
be assessed on any payment not made by the payment due date. Interest shall be assessed using
the most current rate prescribed by the United States Department of the Treasury's Fiscal
Requirements Manual (TFRM-6-8020.20). Interest shall accrue from the date the payment was
R3 SUPPLEMENT 2709.11-86-1                                                      2709.11_53
EFFECTIVE DATE: 11/86                                                           Page 3 of 27
DURATION: This supplement is effective until superseded or removed.

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


due. Interest shall be charged on any payment or fee amount not paid within 30 days from the
date the payment was due. In addition, the cost of processing and handling the overdue payment
shall be added to the amount due.

A penalty of 6 percent per year shall be assessed on any payment overdue in excess of 90 days
from the payment due date.

Payments will be credited on the date received by the designated collection officer or deposit
location. If the payment due date(s) falls on a nonworkday, the interest and penalty charges shall
not apply until the close of business of the next workday.

A-12 - Fee Determination (Outfitter/Guides).

         1. Estimated Fee.

In consideration for the use authorized, the permit holder shall pay in in advance to the Forest
Service, U.S.D.A., the sum of            dollars ($      ) for the period from                   , 19
to                       , 19 (not to exceed one operating season). This estimated fee is based
on the Estimated Fee Worksheet, see exhibit 1.

         2. Option Selection.

For purposes of final fee calculation, the permit holder has elected to use for the full period of
this permit the following basis of fee calculation (cross out one, and attach appropriate worksheet
for later use), see exhibits 2 and 3.

    Option A - based on average adjusted service day client charge
               using the FSM schedule of rates.

    Option B - based on 3 percent of the annual adjusted gross
               revenue.

         3. Final Fee.

Subsequent to the operating season, (within 30 days) the permit holder will submit financial
records concurrently with the required actual use records. Based on this information, a final fee
will be calculated which is a reconciliation between the estimated fee paid and the final amount
due. When calculated, the Final Fee Worksheet will be attached to and made a part of this
permit.

       4. Definitions. For the purpose of administering the permit privilege/land use fee, the
following terms apply:
R3 SUPPLEMENT 2709.11-86-1                                                        2709.11_53
EFFECTIVE DATE: 11/86                                                             Page 4 of 27
DURATION: This supplement is effective until superseded or removed.

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


              (a) Gross Revenue. The total amount received by the holder from clients or
              customers as payment for goods or services provided by the holder in connection with
              the outfitted and/or guided National Forest trip. Includes all revenue from clients or
              customers from the sale of goods or services provided by the holder, their employees
              or agents; whether said goods or services are provided while on National Forest lands
              or waters or non-National Forest System lands and waters; and whether provided
              during or prior to arrival or after departure from the holder's headquarters or local
              community.

              (b) Adjusted Gross Revenue. Gross revenue reduced by the amount of pre and post
              trip (prior to arrival or after departure from the holder's headquarters or local
              community) transportation and (subsistence meal, lodging, both) costs paid by the
              holder to others or the reasonable value of such services when provided by the holder.
              Do not deduct transportation, subsistence or any other payments made by the holder
              to others for services, goods or accommodations provided during the outfitted or
              guided trip.

              (c) Average Adjusted Service Day Client Charge. The adjusted gross revenue
              divided by the number of service days actually used.

              (d) Duration of the Outfitted/Guided Trip. For the purpose of determining the on-off
              forest discount and the pre and post trip transportation and subsistence revenue
              adjustment, the outfitted trip begins when the client comes under the care and
              supervision of the outfitter, their employees or agents at the permittee's headquarters
              or local community and ends when the client is released from such care and custody.

A-13 - Financial and Actual Use Report (Outfitter/Guide Permits). The holder will send to
(issuing officer)       at (address)            on or before    (date)           a Financial and
Actual Use Report (exhibit 4) for the operating season based on an established fiscal year of 12
consecutive months ending (*) .

Should correspond to permit expiration date.

A-14 - Fees and Reports. Use in campground concession authorizations issued under authority
of Sec. 7 of Granger-Thye Act of April 21, 1950 [64 Stat. 84; 16 USC 580(d)].

In consideration for this use, the holder shall pay to the Forest Service, U.S. Department of
Agriculture,      percent of gross sales and other income derived from operations authorized by
this permit.

Sales for the purpose of fee calculations are defined as the revenue deprived from all goods and
services sold which are related to operations under this permit.
R3 SUPPLEMENT 2709.11-86-1                                                      2709.11_53
EFFECTIVE DATE: 11/86                                                           Page 5 of 27
DURATION: This supplement is effective until superseded or removed.

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


The following will be excluded from gross receipts or revenue to arrive at sales:

         1. Refunds.

         2. Sales taxes collected from customers and paid or payable to taxing authorities.

An advance payment of 50 percent of the estimated total seasonal fee due the United States will
be paid prior to the start of operations. The remainder of the total estimated fee will be due 1.
Final amounts due or credits to the concessioner based on actual seasonal receipts will be made
within 30 days after the close of the operating season.

The holder will send to the Forest Supervisor within 30 days of the close of the operating season,
an operating statement reporting the results of operations including year-end adjustments. The
holder will also include a balance sheet representing the holder's financial condition at the close
of the business year.

Reports and deposits required as outlined above shall be tendered and sent or delivered to the
Collection Officer, Forest Service, USDA,               National Forest, P.O. Box        ,
. Checks or money orders will be payable to "Forest Service, USDA."

A-15 - Fee Determination (Recreation Events)

       1. Estimated Fee. In consideration for the use authorized, the permit holder shall pay in
advance to the Forest Service, U.S.D.A., the sum of Dollars ($ ) for the period from             ,
19 to          , 19    (not to exceed one operating season). This estimated fee is based on the
Estimated Fee Worksheet (ex. 05).

       2. Final Fee. Within 30 days of the event or operating season, the permit holder will
submit financial records concurrently with the required actual use records. Based on this
information, a final fee will be calculated which is a reconciliation between the estimated fee
paid and the final amount due. When calculated, the Final Fee Worksheet (ex. 06) will be
attached to and made a part of this permit.

       3. Definitions. For the purpose of administering the permit/privilege land use fee, the
following term applies:

              (a) Gross Revenue. The total amount received by the holder and all sublessees from
              participants or customers as payment, entrance fees, and so forth, in connection with
              the recreation event conducted on National Forest lands or waters. Includes all
              revenue (excluding gross receipts taxes) from participants or customers from the sale
              of goods or services provided by the holder, their employees or agents, when said

1
    “…75 days after initial payment.”
R3 SUPPLEMENT 2709.11-86-1                                                      2709.11_53
EFFECTIVE DATE: 11/86                                                           Page 6 of 27
DURATION: This supplement is effective until superseded or removed.

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


              goods or services are provided while on National Forest lands or waters. To provide
              for this, revenue is reduced by an amount based on the percentage of time the
              participants occupy National Forest System lands and waters in relation to the total
              duration of the event (see FSM 2721.53i-2.d.).

              (b) Adjusted Gross Revenue. The Gross Revenue reduced by the amount the permit
              holder paid for prizes awarded (verification in the form of receipts is acceptable).

A-16 - Fee Determination. To be used in consulting cultural resource authorizations where
applicant does not meet the fee waiver criteria displayed in 36 CFR 251.57(b) and FSM
2710.12a.

The minimum annual fee for this use, which is due in advance and is not subject to refund, will
be $25. Provided, however, that each year's minimum fee will be applied to partially off-set the
fee for any future approved project during that year.

Future projects undertaken under this permit will require a fee as follows:

Fees for each separate project will be paid to the appropriate Forest Supervisor in advance of
each project. The amount will be based on the estimated field days times $2 per field day.

Field days are obtained by multiplying the number of days in the field times the number of
trained professionals in the field on the particular project. (Do not include unskilled assistants
such as cooks, drivers, packers, laborers, and students receiving training). A field day is defined
as any day or part of a day for each professional while working on National Forest lands. Partial
days will be counted as full field days, but "nonworkdays" such as time moving in and setting up
camp are not counted.

If the original estimate of field days proves incorrect, the permittee will provide new estimates in
time for a supplemental billing to be issued.

The permittee will provide the Forest Supervisor with a record of the number of supervisory days
spent in the field for each undertaking by November 1 of each year this authorization is in effect.
Failure to provide this information is grounds for termination of this authorization.

A-17 - Cross Country Ski Trail Fee Calculation

In consideration for the use authorized the holder shall pay in advance to the Forest Service,
USDA, the sum of               Dollars ($     ) for the period from              , 19 to           ,
19 . This will be an initial fee based on 3% the holders anticipated revenue prorated to give
credit to the portion of the revenue that is generated on the private land used in conjunction with
the trail system that is on the National Forest. The holder shall provide the District Ranger with
a final, itemized statement of income within 30 days following the close of the season. The final
R3 SUPPLEMENT 2709.11-86-1                                                       2709.11_53
EFFECTIVE DATE: 11/86                                                            Page 7 of 27
DURATION: This supplement is effective until superseded or removed.

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


fee will be calculated from this statement and an additional billing, if appropriate, will be made
or a credit will be applied to the next years initial billing.

A-18 - Fee Payments for More Than 1 Year - Linear Right-of-Way Authorizations - Permittee
shall pay in advance a sum determined by the Forest Service to be the fair market value of the
use authorized by this permit for a        year period. The payment is set at $         for the
initial    year period which shall end on MM/DD/YY . Payments for each subsequent              year
period shall be the amount of the payment for the initial period adjusted using the Implicit Price
Deflator-Gross National Product index (IPD-GNP), or other factor selected by the Forest
Service, to reflect more nearly the current fair market value of the use at the beginning of the
new period. At intervals to be determined by certain changes in the indexes used to established
the linear rights-of-way fee schedule, the fee shall be reviewed and adjusted as necessary to
assure that it is commensurate with the value of the rights and privileges authorized. In addition
to the above payment, the permittee shall pay its proportionate share of road costs prior to using
the road for commercial use. Failure of the Permittee to make the payment in advance for the
ensuing period, pay late charges, or other fees or charges shall cause the permit to terminate.

A-19 - Financial Reporting, Fees and Payments

       1. Fees. Fees will be computed annually as       percent of sales generated on the
permitted area, and as so recorded in the permittee's general ledger in accordance with generally
accepted accounting principles or other conventional bases of accounting (such as tax
accounting).

A minimum fee will be established prior to the start of each year in amount of one-half of the fee
paid for the previous year; or, in event of a first year's operation, one-half of an estimated fee for
that initial year, based on the previous year's gross income. Said minimum fee is payable prior to
opening the campground for the year.

         2. Financial Reporting and Fee Payment Schedules

              a. Interim Reports and Payments. The permittee will calculate the total annual fee
              accumulated through each month of the permittee fiscal year, the amount of that
              cumulative fee due to the Forest Service, or the amount of credit remaining at the end
              of that month. This calculation (the accumulated sales multiplied by the fee
              percentage rate less prior payments for the year) will be prepared in accordance with
              the format specified in Exhibit A and delivered, along with any payment due, to the
              Forest Supervisor's office on or before the 10th day following the end of each month
              of the permittee's fiscal year in which fee-base sales are made. Full payment of the
              annual fee is due on or before first month following the close of the campground for
              the year.
R3 SUPPLEMENT 2709.11-86-1                                                        2709.11_53
EFFECTIVE DATE: 11/86                                                             Page 8 of 27
DURATION: This supplement is effective until superseded or removed.

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


              b. Annual Reports and Payments. The permittee will send to the Forest Supervisor
              by United States Mail, financial statements and reconciliations of fee-base sales to
              comparable items on these financial statements, on or before 3 months following the
              end of the permittee's fiscal year. The financial statements and reconciliations of fee-
              base sales will be prepared by a licensed independent accountant in accordance with
              the reporting standards of the American Institute of Certified Public Accountants.

              A final fee calculation will be made from sales data reflected in the aforementioned
              financial reports. Any overpayment of the annual fee will be credited to the
              permittee's account. Underpayment detected at this point will be subject to late
              payment penalty, as described in (c.) below.

                                                         Exhibit A

                           CAMPGROUND PERMIT FEE CALCULATION

                                             (Name of Concessioner)

                                      Fee through                     , 19

Year to date sales                                   $
Fee percentage rate                                                   %
Cumulative fee for year                              $
Subtract payments and credits to date
Amount due or (credit remaining)                     $

□    Check if this is final interim payment for the camping season.

The above information was extracted from the financial records and is true and correct to the best
of my knowledge.

                                              ,
              (Signature)                                             (Title)


                (Date)

NOTE: Final annual fee calculations will be based on annual financial statements, required by
the permit.
R3 SUPPLEMENT 2709.11-86-1                                                                2709.11_53
EFFECTIVE DATE: 11/86                                                                     Page 9 of 27
DURATION: This supplement is effective until superseded or removed.

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



              c. Late Payment Charges. Pursuant to the Federal Claims Collection Act of 1966, as
              amended, 31 U.S.C. 3717, et seq., and regulations at 7 CFR Part 3, Subpart B, an
              interest charge shall be assessed on any payment not made by the payment due date.
              Interest shall be assessed using the most current rate prescribed by the United States
              Department of the Treasury's Fiscal Requirements Manual which provides the rate in
              the average investment rate for the Treasury Tax and loan accounts for the 12 month
              period ending on September 30 of each year rounded to the nearest whole percentage
              point (TRFM-6-8025.20).1 In addition, the cost of processing and handling the
              overdue payment shall be added to the amount due.

              A penalty of 6 percent a year shall be assessed on any payment overdue in excess of
              90 days from the payment due date.

              Payments will be credited on the date received by the designated collection officer or
              deposit location. If the payment due date(s) falls on a nonworkday, the interest and
              penalty charges shall not apply until the close of business of the next workday.

         3. Audit of Financial Records. For the purpose of administering this permit, the
permittee agrees to make all of the accounting books and supporting records of this business's
activities available for analysis by qualified representatives of the Forest Service. Review of
accounting books and supporting records will be made at dates convenient to the permittee and
reviewers.

The permittee will retain the above records and keep them available for the review for 5 years
after the end of the year involved, unless disposition is otherwise authorized by the Forest
Service in writing.

A-20 - Discounts Offered to the Public by the United States Government

        1. Camp Stamps. USDA Forest Service offers camp stamps for sale to the public at a
price discounted from their face value; for example, $10 in camp stamps can be purchased for a
discounted price of $8.50. The permittee will honor camp stamps presented by customers at
their face value, but will be reimbursed for these camp stamps at their discounted value.

       2. Golden Age Passports, Golden Access Passports and Other Discounts Cards. The
permittee will extend price discounts to all bearers of discount cards issued by the United States
Government.

         3. The percentage permit fee will be applied to the discounted values of all sales.


1
 Interest shall be charged on any payment or fee amount not paid within 30 days from the date the payment was
due.
R3 SUPPLEMENT 2709.11-86-1                                                                       2709.11_53
EFFECTIVE DATE: 11/86                                                                            Page 10 of 27
DURATION: This supplement is effective until superseded or removed.

                                    FSH 2709.11 – SPECIAL USES HANDBOOK
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A-21 - Outfitter/Guide, Financial Statements. Use this clause for all Outfitter/Guide
Authorizations whose annual permit fees are expected to exceed $2,000.

The holder's accounting and other records supporting permit fee computations and use quantities
will be maintained according to its fiscal year, which is established as the consecutive 12 months
ending on each               . Subsequent changes to this fiscal year must be approved by the
Forest Service.
                                                                        1
The permittee will send to the Forest Supervisor on or before             of each year, financial
statements prepared by a licensed independent accountant in accordance with the standards
established by the American Institute of Certified Public Accountants, along with an attestation
as to the accuracy of the permit fee computation for the year in a form acceptable to the Forest
Service.

The form of the attestation will be subject to approval by the Regional Auditor.




1
    This date will be 90 days following the end of the permittee's or any sublessee's fiscal year, whichever comes last.
R3 SUPPLEMENT 2709.11-86-1                                               2709.11_53
EFFECTIVE DATE: 11/86                                                    Page 11 of 27
DURATION: This supplement is effective until superseded or removed.

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


                                               53.1 - Exhibits 01 - 06

                           SEE THE PAPER COPY OF THE MASTER SET
                                  FOR 53.1 – EXHIBITS 01 - 06
R3 SUPPLEMENT 2709.11-86-1                                               2709.11_53
EFFECTIVE DATE: 11/86                                                    Page 12 of 27
DURATION: This supplement is effective until superseded or removed.

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


                                               53.1 - Exhibits 01 - 06

                           SEE THE PAPER COPY OF THE MASTER SET
                                  FOR 53.1 – EXHIBITS 01 - 06
R3 SUPPLEMENT 2709.11-86-1                                               2709.11_53
EFFECTIVE DATE: 11/86                                                    Page 13 of 27
DURATION: This supplement is effective until superseded or removed.

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


                                               53.1 - Exhibits 01 - 06

                           SEE THE PAPER COPY OF THE MASTER SET
                                  FOR 53.1 – EXHIBITS 01 - 06
R3 SUPPLEMENT 2709.11-86-1                                               2709.11_53
EFFECTIVE DATE: 11/86                                                    Page 14 of 27
DURATION: This supplement is effective until superseded or removed.

                                  FSH 2709.11 – SPECIAL USES HANDBOOK
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                                               53.1 - Exhibits 01 - 06

                           SEE THE PAPER COPY OF THE MASTER SET
                                  FOR 53.1 – EXHIBITS 01 - 06
R3 SUPPLEMENT 2709.11-86-1                                               2709.11_53
EFFECTIVE DATE: 11/86                                                    Page 15 of 27
DURATION: This supplement is effective until superseded or removed.

                                  FSH 2709.11 – SPECIAL USES HANDBOOK
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                                               53.1 - Exhibits 01 - 06

                           SEE THE PAPER COPY OF THE MASTER SET
                                  FOR 53.1 – EXHIBITS 01 - 06
R3 SUPPLEMENT 2709.11-86-1                                               2709.11_53
EFFECTIVE DATE: 11/86                                                    Page 16 of 27
DURATION: This supplement is effective until superseded or removed.

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


                                               53.1 - Exhibits 01 - 06

                           SEE THE PAPER COPY OF THE MASTER SET
                                  FOR 53.1 – EXHIBITS 01 - 06
R3 SUPPLEMENT 2709.11-86-1                                                       2709.11_53
EFFECTIVE DATE: 11/86                                                            Page 17 of 27
DURATION: This supplement is effective until superseded or removed.

                                  FSH 2709.11 – SPECIAL USES HANDBOOK
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53.2 - B - Safety, Health, Liability, and Nondiscrimination

B-3a - Boating Laws. Arizona Forests. The following clause is mandatory for all concession
permits involving public service boating.

The permittee shall comply with provisions of Arizona Revised Statutes, Section 5-301 et seq.
(Boating and Water Sports) and shall post a copy of said laws at the launching ramp at the boat
dock.

B-3b - Boating Laws. New Mexico Forests. The following clause is for all concession permits
involving public service boating.

The permittee shall comply with provisions of the New Mexico Statutes, 1953 Sections 75-35-1
et seq. (Boating) and shall post a copy of said laws at the launching ramp and on the boat dock.

B-5 - Watercraft Sewage. The following clause is to be used in lieu of WO Clause B-5:

All sanitation facilities on the boat (lavatory, sink, shower) shall be sealed against any discharge
into the water. All sewage and other waste on the watercraft will be collected by a collector
licensed by the State, and the effluent shall be disposed of in an approved sewage system or at a
location approved by the County Health Department.

B-8 - Indemnification of the United States. Use where holder is the State of Arizona.

"Insofar as it legally may, the permittee shall indemnify the United States against any liability for
damage to life or property arising from the occupancy or use of the National Forest land under
this permit."

B-33 - Sanitation. Use this clause instead of WO Clause B-33.

The operation and maintenance of all sanitation, food service, and water-supply methods,
systems, and facilities shall comply with the standards of local and state authorities and the
Federal Water Pollution Control Administration of the United States. The permittee shall
dispose of all garbage and refuse in a place and manner specified by the Forest Officer in charge.

B-38 - Operating Plan - Outfitter Guide Permits

       1. The holder shall join with the District Ranger or other designated representative of the
Forest Supervisor in preparing an Operating Plan for the activities to be conducted on the
National Forest. Operating Plans will be formulated to cover the term of the permit, or as
otherwise directed by the District Ranger or Forest Supervisor. Annual itineraries, and so forth,
R3 SUPPLEMENT 2709.11-86-1                                                      2709.11_53
EFFECTIVE DATE: 11/86                                                           Page 18 of 27
DURATION: This supplement is effective until superseded or removed.

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will be provided, and amendments will be made as needed. When endorsed by both the holder
and the authorized officer, the Operating Plan becomes a part of the conditions of this permit.

        2. As a minimum, the Operating Plan shall include: Official title of business, names and
addresses of owner(s) and manager, names of guides to be used, services offered, rates, operating
periods, schedule (if known), list of Forest Service contacts, general description of operation, on-
the-trail (river, road, and so forth) methods of operation, and in-camp methods of operation.

       3. No operation can commence until operator plan is approved by both parties. Disputes
over content of operation plan may be resolved through the Secretary of Agriculture appeal
process as outlined in 36 CFR 211.18.

B-39 - Beach-Swimming Area Safety Plan. The following clause shall be mandatory in all
permits where beach and/or swimming is authorized.

The permittee and the Forest Officer in charge shall jointly prepare a comprehensive safety plan
for use of the beach and swimming area. Prior to (date) of each year the plan shall be jointly
reviewed and, if necessary, revised. The provisions thereof will be executed and enforced by the
permittee.

B-40 - Safety. The following clause is mandatory for use in all public service permits.

The permittee shall prepare and conspicuously post such rules of conduct as are necessary to
provide for the safety of the general public. The rules will be called to the attention of the
offenders.

53.3 - C - Development, Construction, and Performance Bonds

C-3 - Bonds, Performance - To be used in campground concession authorizations issued under
authority of Sec. 7 of Granger-Thye Act of April 21, 1950 [64 Stat. 84; 16 USC 580(d)].

As a further guarantee of the faithful performance of the provisions of clause 28, the permittee
agrees to deliver and maintain a surety bond in the amount of            . Should the sureties or
the bonds delivered under this permit become unsatisfactory to the Forest Service, the permittee
shall, within 30 days of demand, furnish a new bond with surety, solvent and satisfactory to the
Forest Service. In lieu of surety bond, the permittee may deposit into a Federal depository, as
directed by the Forest Service, and maintain therein, cash amounts provided for the above, or
negotiable securities of the United States having a market value at time of deposit of not less
than the dollar amounts provided above.

The permittee's surety bond will be released, or deposits in lieu of bond, will be returned 30 days
after certification by the Forest Service that facilities are returned in condition received, and
upon furnishing by the permittee of proof satisfactory to the Forest Service that all claims for
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EFFECTIVE DATE: 11/86                                                             Page 19 of 27
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labor and material on said installations have been paid or released and satisfied. The permittee
agrees that all moneys deposited under this permit may, upon failure on permittee's part to fulfill
all and singular the requirements herein set forth or made a part hereof, be retained by the United
States to be applied as far as may be to the satisfaction of permittee's obligations assumed
hereunder, without prejudice whatever to any other rights and remedies of the United States.

C-26 - Sharing of Development Costs-New Electronic Sites. The use authorized herein will be a
joint-use site. The development costs borne by the holder will be identified and submitted to the
Forest Service for verification. Upon audit and verification of these costs, additional applicants
for uses on the site will be required to pay to the original holder a fair share of the original costs
and interest expense borne by the original holder on the development of the site for common use.
The Forest Service agrees not to issue authorizations to additional users until satisfied that
arrangements for paying for the fair share have been made.

C-27 - Site Management Plans Included as a Condition of Occupancy in Electronic Site Permits.
Where Forest Supervisors have approved management plans for the electronic sites, the
following clause should be used so that the standards and guidelines contained therein, will
become conditions of occupancy of the National Forest electronic site.

The Electronic Site Management Plan for the management of Electronic Sites is hereby attached
and made a part of this permit.

53.4 - D - Resource and Improvement Protection

D-25 - Cultural Resources Lawsuit (Stipulated Settlement).
Mandatory clause for all special use authorizations that have the potential to modify or disturb
cultural resources.

The permittee, contractor, or lessee shall be responsible for the protection from damage of all
identified cultural resources within the area which may be affected by his actions. In addition,
the permittee, contractor or lessee shall be liable for all damage or injury to the identified cultural
resources caused by his actions. The permittee, contractor, or lessee shall immediately notify the
agency Project Administrator if any damage occurs to any cultural resource and immediately halt
work in the area in which damage has occurred until he has been authorized by the Project
Administrator, after consultation with the Forest Archeologist, to proceed. All provisions of the
Region 3 Cultural Resources Damage Assessment Handbook are incorporated by reference
herein.
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EFFECTIVE DATE: 11/86                                                            Page 20 of 27
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D-26 - Sanitary Landfill Operation and Maintenance Plan. Mandatory clause for all sanitary
landfill special use authorizations except compactor stations.

              The holder, after consulting with the authorized officer, will prepare an
              operation and maintenance plan which shall be deemed a part of this
              permit. The plan will be reviewed annually and updated as deemed
              necessary by the authorized officer and will cover requirements including
              but not limited to the following subjects:
                  1. Items in Clause ( ) of this permit.
                  2. Control of paper and lightweight materials that are easily
              windborne.
                  3. Metal storage and salvaging.
                  4. Dead animals.
                  5. Effluent.
                  6. Monitoring, during the operation of the landfill, to the time of
              closure of the landfill. The post-monitoring plan will cover monitoring
              after closure of the landfill.
                  7. Test wells.
                  8. Closing procedures and revegetation during the permit period.
                  9. Fire protection.
                  10. Identification of the person responsible for implementing and
              monitoring the provisions of the plan and a list of names, addresses and
              phone numbers in case of emergencies.

The plan will be approved by the Forest Supervisor and the holder will sign to show acceptance

       D-27 - Sanitary Landfill Post Closure Monitoring Plan. Mandatory clause for all sanitary
       landfill special use authorizations except compactor stations.

              The holder will prepare, in concurrence with the State of    and Forest
              Supervisor, a postclosure monitoring plan detailing the monitoring
              requirements of the State of     and EPA regulations 40 CFR 257.

D-28 - Sanitary Landfill Closure Plan. Mandatory clause for all sanitary landfill special use
authorizations to include compactor stations.

              The holder will prepare, in concurrence with the State of        and Forest
              Supervisor, a plan outling the steps and processes required for final
              closure of the landfill and for postclosure maintenance requirements as
              directed by the State of         , EPA Regulations 40 CFR 257, and the
              Forest Supervisor. The steps of monitoring after closure will be outlined
              in the Post Monitoring Plan.
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EFFECTIVE DATE: 11/86                                                                  Page 21 of 27
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53.5 - E - Tenure, Termination, Revocation, and Limit of Use

E-10 - Trailer Use Limitation. The following clause is to be used in lieu of WO clause E-10.
No trailer may remain on the concession area more than (            ) days in any one        period
except at sites specifically designed for trailers in non-use. At least (      ) percent of developed
trailer spaces will be reserved for use by visitors planning to stay for less than              ( )
days.

Add the following if minimum use requirements are established.

Trailers must be occupied for at least                  days and nights out of each    days they occupy a
site.

E-15 - Assignment of Outfitter/Guide Priority Use. (Use only where priority use is authorized.)

        1. The permit holder is hereby assigned the indicated amount of priority use per season
in the areas shown:

Name of Specific            No. of Assigned              No. of Pack &        Grazing
Area, District,             Priority Use                 Saddle Animal        Authorized
Forest, Wilder-             Service Days                 Use Days             (Yes or No)
ness, etc.                  Per Season                   Per Season

        2. Definition of Service Day. A service day is a day or part of a day for each individual
accompanied or provided services, including transportation services, by a packer, outfitter, guide,
leader, or instructor. Beginning and ending days of a trip or service period shall be considered
full days. When supply or drop service is performed, the full or fractional days involved
multiplied by the number of clients in the party equals service days. Any period of time, when
clients (individually or in groups) are on the National Forest and under the direction, care or
tutelage of a guide/outfitter shall be counted as part of the total service days.

E-16 - Authorization for Outfitter/Guide Temporary Use (Use where temporary use is
authorized.)

        1. The permit holder is hereby authorized the indicated amount of temporary use in the
areas listed below for a period not to exceed 1 year:

Name of Specific            No. of Authorized            No. of Pack &        Grazing
Area, District,             Temporary Use                Saddle Animal        Authorized
Forest, Wilder-             Service Days                 Use Days             (Yes or No)
ness, etc.                                               Authorized
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       2. Definition of Service Day. A service day is a day or part of a day for each individual
accompanied or provided services, including transportation services, by a packer, outfitter, guide,
leader, or instructor. Beginning and ending days of a trip or service period shall be considered
full days. When supply or drop service is performed, the full or fractional days involved
multiplied by the number of clients in the party equals service days. Any period of time, when
clients (individually or in groups) are on the National Forest and under the direction, care or
tutelage of a guide/outfitter, shall be counted as part of the total service days.

Example: A 3-hour hike for 15 people equals 15 service days. A 4-1/2-day pack trip for 5
people equals 25 service days. A 2-day trip to drop a party of 6, with a 1-day supply trip, and a
1-day pick-up trip equals 24 service days.

The above authorized use shall be paid for in advance.

       3. Authorized Non-use. The indicated service days shall be used annually except as
follows:

              a. The Issuing Officer may withhold authorization for all or part of the above
              authorized use for reasons of resource protection and/or public health and safety.

              b. When requested by the permittee, the Issuing Officer may waive the permittee's
              obligation to exercise all or part of the temporary use amount when such request is
              made sufficiently in advance of the use to allow the waived use to be reassigned to
              other permit holders.

       4. Application for Additional Use. If during the season of operation the holder proposes
to conduct activities in addition to those initially authorized, the holder must request in advance
an amendment to the permit and annual itinerary or operating plan. If the application is
approved and made a part of the operating plan or itinerary, the holder will pay any additional
fees due as a result of the proposed additional use, in advance.

E-17 - Permit Termination - Outfitter/Guides (Use with priority use permits only).

Unless sooner terminated by the Forest Supervisor or revoked by the Regional Forester, this
permit shall expire and become void on          (any period not to exceed 5 years from the date of
issuance). The authorized office may issue a new permit to occupy and use the same National
Forest land provided the permittee has (1) complied with the then-existing laws and regulations
governing the occupancy and use of National Forest lands, (2) performed acceptably during the
permit period, and (3) shall have notified the Forest Supervisor not less than 3 months prior to
said date that such a permit is desired.

E-18 - Permit Termination - Outfitter/Guides (Use with temporary use permits only).
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Unless sooner terminated by the issuing Forest Officer or revoked by an officer superior in rank
to the issuing Forest Officer, this permit shall expire and become void on       (end of
operating season, or December 31st of issue year).

E-19 - Permit Term - To be used in campground concession authorizations issued under
authority of Sec. 7 of Granger-Thye Act of April 21, 1950, [64 Stat. 84; U.S.C. 580(d)]. This
permit is issued for the period ending        , with the provision that it may be extended for a
period of 2 years, not to exceed       , providing both parties consent to the extension.

E-20 - Hotel - Motel Stay Limitations. The following clause may be used where leasing or long
term stay is authorized in hotels, motels, or other public accommodations permits.

In no event shall more than                     (       ) of available units be sublet and no lease may be
granted for a period in excess of                       .

E-21 - Tenure. This clause can be substituted for paragraph 4 of WO, Clauses E4.

The permit for this use will be terminated if the improvements on the site are 50 percent or more
destroyed by fire or other casualty. They will not be rebuilt; and the proportioned amount of fees
for the balance of the calendar year will be returned to the permittee.

E-22 - Services Required. Rental of campground spaces and sales of merchandise and services
as authorized by the Forest Supervisor.

E-23 - Recreation Residence Caretaker Termination. Mandatory clause for all recreation
residence caretaker permits. This clause will be included in addition to the appropriate permit
tenure clause.

              This authorization for yearlong occupancy will automatically terminate
              upon the change in ownership of the improvements authorized by this
              permit. A term permit for a recreation residence may be issued to the
              purchaser, if they are qualified.

53.6 - F - Fire. The following clause may be substituted for WO clause F8

F-24 - Fire. The permittee agrees to haul from National Forest lands all slash, logs, stumps, and
debris resulting from clearing the permitted area, as directed by the Forest Officer in charge.

53.7 - G - Roads. The following clauses are optional in all road permits

G-3 - Drainage. The permittee shall construct and maintain the road and shall install and
maintain suitable drainage structures sufficient in number to prevent the accumulation of
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excessive heads of water and prevent the erosion of the road surface, drainage ditches, or
adjacent lands.

G-4 - Stream Encroachment. The road design and the construction of the road shall be such that
all forms of encroachment of streams will be held to a minimum. Under no circumstances shall
waste material be deposited in, or be permitted to obstruct, natural waterways.

G-5 - Cuts and Fills. Cuts in earth shall not be steeper than 1 to 1. Cuts in rocks shall not be
steeper than 1/4 to 1, or as otherwise agreed upon in writing by the Forest Supervisor.

G-6 - Gates. The permittee shall construct and maintain gages or other approved automobile
crossings at points designated by the Forest Supervisor or designated representative.

G-7 - Right-of-Way Fencing. The permittee shall fence the right-of-way and shall provide
approved automobile crossings as required by the Forest Supervisor or designated representative.

G-8 - Soil Erosion. (For temporary road permits.) To prevent soil erosion and effectively block
the road to future use, permittee, upon termination of the need for this road, shall cross otherwise
satisfactorily drain the road surface and reseed it with species of vegetation designated by the
Forest Service and use such other stabilization measures as requested by the Forest Supervisor.

53.9 - X-Miscellaneous

X-96 - Holders Presence During Collection (Use in 1906 (Antiquities) and 1979 (APRA) Act
Authorizations. This authorization is issued conditioned upon the holder being present and
personally supervising any collections or excavations.

X-97 - Risk Acknowledgement (Outfitter/Guides). The permit holder will not request or require
persons served to sign a liability waiver for activities authorized by this permit. The permit
holder may, however, advise such persons of the risks involved and have them sign a Visitor's
Acknowledgement of Risk provided the following conditions are met: (1) a copy of the
proposed form has been submitted to and approved by the issuing Forest Officer, and (2) forms
which deviate significantly from the standard approved format will require review and approval
by the Office of General Counsel prior to use.
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EFFECTIVE DATE: 11/86                                                             Page 25 of 27
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(Note to Forest Officer preparing permit: The following sample is approved wording for a
Visitor's Acknowledgement of Risk)


                              VISITOR'S ACKNOWLEDGEMENT OF RISK
                                            (SAMPLE)

I recognize that there is an element of risk in any adventure, sport or activity associated with the
outdoors. I am also fully cognizant of the risks and dangers inherent in                   (activity).
Knowing of the inherent risks (may include specific risks), dangers and rigors required of said
activity(s), I certify that me and my family, including minor children, are fully capable of
participating in the said activity(s). Therefore, I assume full responsibility for personal injury to
myself and/or to members of my family, or for loss or damage to my personal property and
expenses thereof as a result of my negligence or the negligence of my family participating in said
activity(s) except to the extent such damage or injury may be due to the negligence of
                         (concessionaire). I further understand that               (concessionaire)
reserves the right to refuse any person it judges to be incapable of meeting the rigors and
requirements of participating in                (activity(s).

Name of Participants:

Self

Spouse

Minor Children


I have read, understand and accept the terms and conditions stated herein and acknowledge that
this agreement shall be effective and binding upon the parties during the entire period of
participation of the said activity(s).

Parent/Guardian
Customer Signature
Date
(Form may be modified to provide for the signature of each individual member of a group)

X-98 - Site Reservation - Outfitter/Guide Activities. The following specific sites are reserved for
use by the permit holder for the period indicated:

                                             Temporary Facilities     Dates of
Site Name                 Location           Authorized (if any)      Occupancy
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EFFECTIVE DATE: 11/86                                                              Page 26 of 27
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An annual rental fee of                        is established for each site listed above (not less
than $100 per site). Transfer total fee to estimated fee worksheet.

X-99 - Fees and Payments. The following clause can be used for permits issued for motion
picture filming:

Fees.

              a. In consideration for this use, the permittee has paid in advance to the Forest
              Service, U.S. Department of Agriculture, the sum of          ($    ), which is the
              established fee for              persons for a period not to exceed            day(s).

              b. For use in the future, the permittee will contact the District Ranger at least 10 days
              in advance and make payment for the proposed use.

              c. Within 15 days of completion of the filming operations, the permittee will transmit
              a report to the District Ranger disclosing the days the site was used and the number of
              persons using the site. The Forest Service will compute total occupancy fee and will
              bill the permittee for any additional fee due.

X-100 - Electronic Sites - Accounting Records. Use the following instead of WO clause A-8, for
electronic site permits.

The permittee shall follow generally accepted accounting principles in recording financial
transactions and reporting results to the Forest Service. The permittee shall maintain suitable
systems of internal control to ensure the recording of all revenue resulting from operations of this
site in the accounts and reports.

The accounting system will include a record of all disbursements, including capital items, and a
permanent record of investments in facilities.

X-101 - Electronic Sites - Access to Records. Use the following instead of WO clause A-8, for
electronic site permits. For the purpose of administering this permit (including ascertaining that
fees paid were correct and evaluating the propriety of the fee base), the permittee agrees to make
all billings, accounting records, and documents relating to revenues resulting from operations of
this site and cause through written contract similar records of sublessees operating within the
authority of this permit to be available for analysis by qualified representatives of the Forest
Service or other Federal agencies authorized to review the Forest Service activities. Review of
billings, accounting records and documents will be made at dates convenient to the permittee and
reviewers. All information obtained will be treated as confidential as provided in regulations
issued by the Secretary of Agriculture (36 CFR 200.6(4).
R3 SUPPLEMENT 2709.11-86-1                                                     2709.11_53
EFFECTIVE DATE: 11/86                                                          Page 27 of 27
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The permittee and affected sublessees will retain the above records and keep them available for
review for 3 years after the end of the year involved, unless disposition is otherwise authorized
by the Forest Service in writing.

X-102 - Yearend Report of Supervisory Days in the Field. The holder shall send to (title of
authorized officer and address) by January 15 of each year, a report of the number of supervisory
archeologist field days, by date of activity, used in conducting the authorized activity during the
preceding year. Upon receipt of the above report and calculation of the resulting supervisory use
day fees (# of days x $2/day) - $25 annual minimum fee, the holder will be billed for the
difference. Failure to provide the report during the prescribed time period may result in
supervision, termination, or revocation of the authorization as dislated in the Secretary of
Agriculture regulations at 36 CFR 251.60.

Suggested clause for use in campground concession (Granger-Thye) authorizations.

X-103 - Collection Agreements Associated with Campground-Concession Authorizations. A
collection agreement, in the form found in FSH 1509.11, chapter 70, will be endorsed and the
estimated bill paid before the holder occupies and commences rental of the camping units. This
agreement becomes a part of the operating plan required for the operation of the facilities by the
holder. Therefore, violation of the terms of the collection agreement becomes a violation of the
terms of the authorization which may be suspended, terminated, or revoked as per 36 CFR
251.60.

								
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