Digest:

51 - Adds Regional clauses to existing index.

52 - Expands Mandatory Clause Use and provides direction for developing

authorizations for uses not described.

53 - Lists Clauses approved for Regional use.

JOHN E. ALCOCK

Regional Forester

51--1

This section lists terms and conditions needed to meet R-8 needs.

51 - INDEX.

Terms and

Conditions Number(s)

Access Replacement R8-X106

Beverage Containers R8-D27

Certification of Receipts R8-A21

Chimneys R8-F24

Continuous Minimum Flow R8-D28

Cooperative Work R8-X103

Corporate Status Notification R8-X46

Cost Reimbursement, REA Financed Utilities R8-A12

Covenant and Reverter Clause R8-B38

Damage and Fire R8-D29

Fee Clause - Organization Camp R8-A17

Fee Clause - Special Events R8-A22

Fee Refund R8-A15

Forest Service Representative R8-X109

Indemnification Clause - State Governments R8-B39

Intermingled Ownership R8-X96

Motion Picture and Television - Activity Schedule R8-X102

Terms and

Conditions Number(s)

Motion Picture and Television - Billing Clause R8-A14

Off Route Vehicular Travel R8-X111

Oil and Gas Related Materials Pipeline Standards R8-C27

Operation and Management Plans R8-X108

Outfitter Guide - Fee Clause R8-A18

Outfitter Guide - Payment Clause R8-A19

Ownership of Improvements by Other than the Holder R8-X105

Pipeline Certification Requirements R8-C26

Personal Recreation Use R8-X107

Plan of Operations R8-X104

Potable Water Responsibility R8-X98

Prepaid Annual Fee Clause R8-A16

Prepaid Multiple Year Clause R8-A13

Prepaid Multiple Year Clause - Linear ROW's R8-A20

Protection of Road Facilities R8-X110

Resource Management Plan R8-D26

Signing Authority Certificate R8-X100

Signs R8-X29

Special Event - Delay R8-X112

Stoves and Stovepipes R8-F25

Subleasing Requirements R8-X42

52--1

Terms and

Condition Number(s)

Succeeding Authorization R8-X101

Suspension of Use or Occupancy R8-E16

Termination for National Forest Purposes R8-E15

Third Party Use and Occupancy R8-X97

Timing of Sign Placement R8-X29

Water Pollution R8-D25

Water Testing R8-X99

52 - DESCRIPTION. See Exhibit 1 for listing additional clauses as mandatory in Special Use Authorizations. It also lists authorization designations, references, use codes and mandatory clauses not included in parent text.

| |

| TERMINATION AND CONDITIONS USE CHART |

| |

| USE |

| DESIGNATION FSM CODE MANDATORY |

| | | | |

| Water Treatment Drain Line | R8-2723.45 | 345 |B26, C25, D26, X49 |

| | | | |

| | | | |

| Encroachments, | | | |

| Other Improvements | R8-2723.73 | 373 |D15, D23, H1, H2 |

| | | | |

| | | | |

| Resource Monitoring Site | R8-2728.14 | 814 |C16, X49, X51, |

| | | |X52, X60 |

| | | | |

| | | | |

| Inundated Land | R8-2729.24 | 924 |X27, X49 |

| | | | |

| | | | |

| Water Storage Facilities | R8-2729.35 | 935 |B10, C25, D15, |

| | | |X33, X74 |

| | | | |

| | | | |

| Water Treatment Plant | R8-2729.51 | 951 |B10, C25, D15, |

| | | |X33, X74 |

| | | | |

| |

| MANDATORY IN SPECIAL USE AUTHORIZATIONS AS FOLLOWS: |

| |

| D23 : Mandatory for all authorizations for |

| herbicides or pesticides use. |

| |

| X44, X45 : Mandatory for all authorizations issued |

| to partnerships. |

| |

| X46 or R8-X46 : Mandatory for all authorizations issued |

| to corporations. |

| |

52--3

|

| |

| R8-A15 : Mandatory for all charge |

| authorizations eligible for refund. |

| |

| R8-D27 : Mandatory for all authorizations for |

| facilities that dispense beverages. |

| |

| R8-X96 : Mandatory for all military training |

| uses. |

| |

| R8-X98 : Mandatory for all water use |

| authorizations. |

| |

| R8-X101 : Mandatory when a new authorzation is |

| issued as a result of an expired |

| authorization, to continue the same |

| use. |

| |

| R8-X104 : Mandatory for authorizations issued |

| for Outfitter - Guide Services. |

| |

| R8-X42 : Mandatory for all sublease |

| authorizations. |

| |

| |

53 - SPECIAL USE TERMS AND CONDITIONS . The following terms and conditions are applicable to authorizations issued in the Southern Region:

53.1 - A - Fees and Payments

12. Cost Reimbursement, REA Financed Facilities. Use this clause to recover reasonable administrative and other specified costs to the Forest Service.

|

| In accepting this authorization, the Holder acknowledges and agrees that |

| pursuant to Subsection 504g of the Federal Land Policy and Management |

| Act of 1976 as amended by Public Law 98-300, enacted on May 25, 1984, |

| and any eventual authority delegated through the Secretary of Agriculture, |

| the Forest Service may modify and amend this authorization upon a 60-day |

| notice to provide for the Holder's reimbursement of reasonable |

| administrative and other specified Forest Service costs. |

13. Prepaid Multiple Year Clause . Add the underscored wording in the following example to all printed fee clauses when Holder is to make a lump sum payment up to five years. Use in conjunction with R8-A4.

| EXAMPLE: (Taken from form FS-2700-4) |

| 2. In consideration for this use the Holder shall pay to the Forest |

| Service, U.S. Department of Agriculture, the sum of One Hundred |

| Thirty Dollars ($130.00) for the period from November 1, 1982, to |

| December 31, 1984, and thereafter ( every 5 years) on January 1, Three |

| Hundred Dollars ($300.00).

14. Motion Picture and Television - Billing Clause. Use this clause as a supplement to the regular fee clause.

| |

| The estimated amount of the fee specified in clause is payable |

| in advance, and such estimated amount of said fee shall be based upon |

| anticipated occupancy and use and shall be determined by the Forest |

| Service. |

53.1--2

| Within one week following the completion of all filming on the National |

| Forest land described in this authorization, the Holder shall notify the |

| authorized officer in writing of the number of days or fraction of days |

| that the permitted area was used and the number of persons using the site |

| for each day or fraction thereof. The Forest Service will make adjustment |

| of correct fees paid in advance. The Holder will be billed for any |

| additional fees due. Any balance that may exist will be refunded to the |

| Holder. |

| |

| Any payment due shall be made by the Holder by the date specified on the |

| bill for Collection. Check, draft or money order made payable to Forest |

| Service, USDA, will be sent or delivered to the Unit Collection Officer, |

| National Forest, located |

15. Fee Refund. Mandatory for all charge authorizations except those not eligible for a refund (minimum charges are not refundable).

|

| Upon termination of this authorization prior to the end of the period |

| for which a fee has been paid, the Forest Service will refund to the |

| Holder that portion of said fee which is in excess of the minimum fee for |

| said period established for this class of use by the (Chief/Regional |

| Forester), Forest Service, in the proportion of the unused period of the |

| total period. Provided, however, Holder shall not be entitled to any such |

| refund in the event of termination resulting from breach of authorization |

| by Holder. |

16. Prepaid Annual Fee Clause . Add the underscored wording in the following example to all printed fee clauses when Holder has paid the fee for the current calendar year. This will occur in revised authorizations and shall be used in conjunction with X-18, Superseded Permit Clause or R8-X6 Succeeding Permit Clause.

| |

| EXAMPLE: Taken from form FS-2700-4 |

| 2. In consideration for this use the Holder (has paid) to the Forest |

| Service, U.S. Department of Agriculture, the sum of One Hundred Thirty |

| Dollars ($130.00) for the period from January 1, 1982, to December 31, |

| 1982, and thereafter shall pay annually on January 1, One Hundred Thirty |

| Dollars ($130.00). |

17. Fee Clause - Organization Camp. Use when Holders of organization camp authorizations elect to provide service in lieu of fees (all or partial).

| |

| In order to pay all or part of the annual fee in Clause of the |

| authorization; Holder may perform work as agreed between the Holder and |

| Forest Officer in charge pursuant to 16 U.S.C. 539 subject to the |

| following stipulations: |

| |

| a. In performance of the assigned work, the Holder agrees and understands |

| that it is acting in its own behalf and not as an agent of the United |

| States. Holder, further agrees, that the results of said work shall |

| accrue to the ownership and benefit of the United States. |

| |

| b. Holder agrees that the agreements executed under this clause shall |

| not constitute a contract under the Contract Disputes Act of 1978. |

| |

| c. The Holder agrees that monetary payments will be made to the Forest |

| Service in the event that an agreement is not reached on annual work |

| assignment in a timely or satisfactory manner. The Holder further agrees |

| that the amounts due will include the fee established under the terms of |

| the authorization plus any late payment charges that would have accrued |

| from the original due date. |

| |

| d. The Holder further agrees to indemnify the Forest Service from all |

| claims that might accrue from Holders performance under this clause. |

| Holder will carry liability insurance covering both Holders employees |

| and outside claimants from claims in performance under this clause. |

| |

18. Outfitter Guide Fee Clause. Use one of the following:

(a) Use this clause when Holder elects to pay on a service day charge

basis:

| |

| The annual fee due the United States for the activities authorized by |

| this authorization shall, subject to applicable minimum requirements, be |

| based on average adjusted service-day client charge according to the |

| following schedule: |

|

| Outfitter's Average Adjusted Service-day Fee |

| Service-day Client Charge Due the Forest Service |

| |

| $ 1.00 - 8.00 $ .25 |

| 8.01 - 20.00 .40 |

| 20.01 - 35.00 .80 |

| 35.01 - 50.00 1.30 |

| 50.01 - 75.00 1.90 |

| 75.01 - 100.00 2.60 |

| 100.01 - 125.00 3.40 |

| 125.01 - 150.00 4.10 |

| 150.01 - 175.00 4.90 |

| 175.01 - 200.00 5.60 |

| 200.01 - 250.00 6.75 |

| 250.01 - 300.00 8.25 |

| 300.01 - 400.00 10.00 |

| Over $400 Three percent of the |

| adjusted service day |

| client charge |

| |

| Reduce the fee based on the amount of time the outfitter's customers |

| occupy National Forest System lands and waters in relation to the |

| total duration of the outfitted trip (subject to applicable minimum |

| requirements), according to the following: |

| |

| Percent of time on |

| National Forest System |

| Lands and Waters Fee Reduction |

| |

| Less than 5 percent 80 percent |

| 5 - 60 percent 40 percent |

| Over 60 percent None |

| |

| The applicable minimum annual fee for service day use is $50. |

| |

| Definitions |

| |

| 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, his employees or agents; whether |

| said goods or services are provided while on National Forest lands or |

| waters or on 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. |

| |

| 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) transporation and subsistence 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. |

| |

| Average Adjusted Service Day Client Charge. The adjusted gross revenue |

| divided by the number of service days actually used. |

| |

| 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 Holder's headquarters or local community and ends when the |

| client is released from such care and custody. |

| |

(b) Use this clause when the Holder elects to pay on the basis of

adjusted gross revenue:

| |

| The annual fee due the United States for the activities authorized |

| by this permit shall be 3 percent of the adjusted gross revenue, subject |

| to applicable minimum requirements, estimated prior to the operation |

| season. The fee may be reduced based on the amount of time the outfitter's |

| customers occupy National Forest System land and water in relation to the |

| total duration of the outfitted trip, (subject to applicable minimum |

| requirements) according to the following: |

| |

53.1--6

| |

| Percent of time on |

| National Forest System |

| Lands and Waters Fee Reduction |

| |

| Less than 5 percent 80 percent |

| 5 - 60 percent 40 percent |

| Over 60 percent None |

| |

| The applicable minimum annual fee for service day use is $50. |

| |

| Definitions |

| |

| 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 on 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. |

| |

| 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 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. |

| |

| Average Adjusted Service Day Client Charge. The adjusted gross revenue |

| divided by the number of service days actually used. |

| |

| 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 Holder's headquarters or local community and ends when the |

| clients are released from such care and custody. |

| |

19. Outfitter Guide Payment Clause. Use this clause to establish fee

payment schedules.

| |

| The Holder shall be billed an amount equal to the estimated annual fee: |

| |

| -- IF less than $500... |

| the fee is due at time authorization is issued. |

| |

| -- IF more than $500, but less than $2500... |

| one-half will be due at time authorization is issued. |

| one-half will be due on . |

| |

| -- IF greater than $2500... |

| one-third will be due at time authorization is issued. |

| one-third will be due on . |

| one-third will be due on . |

| |

| By , the Holder will submit their financial and actual |

| use records on which the final authorization privilege/land use fee will |

| be based. Final fee will be calculated in accordance with Clause . |

| |

| Payments shall be made by the Holder by date specified on Bill for |

| Collection. Checks or money order are payable to "Forest Service, USDA" |

| and will be sent or delivered to the Unit Collection Officer, |

| located at: |

| |

| |

| Holder notes the provision on Clause 2 of page 1 which reads "Provided, |

| however, charges for this use may be made or readjusted whenever |

| necessary to place the charges on a basis commensurate with the value of |

| the use authorized by this permit." |

| |

20. Prepaid Multiple Year Clause - Linear Rights-of-Ways. Use this clause in lieu of Clause 2 (Form FS-2700-4) for linear rights-of-ways where the fee is pre-established and updated annually according to the Implicit Price Deflator - Gross National Product Index (IPD-GNP). Use in conjunction with R8-A4.

| |

| In consideration for this use, the Holder 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 closely 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 establish 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. |

| |

21. Certification of Receipts . Use this clause to require receipt certification from Special Events.

| |

| The holder will send to the Forest Supervisor |

| National Forest, on or before |

| , a certified statement of the total amount of |

| receipts, including amount returned to participants in the form of |

| prizes. |

| |

22. Fee Clause - Special Events - Use this clause for events such as

road races, fishing tournaments, etc, where the fee is based on gross receipts.

| |

| The fees due the United States for this use shall be deposited with the |

| Unit Collection Officer, National Forest, |

| , in the form of check, draft or money |

| order made payable to "Forest Service, USDA" and shall be % of the |

| total receipts or $ minimum fee, whichever is the greater amount. |

| Receipts subject to fees will include revenues from all sources connected |

| with the event, such as participant entrance fees, receipts from |

| concession sales, spectator admission fees. |

| |

| Participant entrance fees returned to participants in the form of prizes |

| will not be considered as receipts. That part of the fee in excess of |

| the minimum occupancy fee shall be paid at the time of filing the |

| statement of the total amount of receipts required by Clause . |

| |

53.2 - B - Safety, Health, Liability, and Nondiscrimination.

38. Covenant and Reverter Clause. Use this clause in those areas requiring a non-discrimination clause when none is listed for the particular use in the TERMS and CONDITIONS USE CHART, FSH 2709.11(52).

| |

| The (1) does by the acceptance of this document covenant and agree |

| for itself, its assigns, and its successors in interest to the property |

| herein (2) , or any part thereof, that the covenant set forth below |

| shall attach to and run with the land: |

| |

| (a) That the described property and its appurtenant areas and its |

| building and facilities whether or not on the land therein (2) , will |

| operate as a (3) , in full compliance with Title VI of the Civil |

| Rights Act of l964 and all requirements imposed by or pursuant to the |

| regulations issued thereunder by the Department of Agriculture and in |

| effect on the date of this document to the end that no person in the |

| United States shall, on the ground of race, color, or national origin, |

| be excluded from participation in, be denied the benefits of, or be |

| subjected to discrimination under any programs or activities provided |

| thereon; |

| |

| (b) That the United States shall have the right to judicial enforcement |

| of these covenants not only as to the (1) , its successors and |

| assigns, but also as to lessees and licensees doing business or extending |

| services under contractural or other arrangements on the land herein |

| granted. |

| |

| In the event of a breach of any of the conditions set forth above, all |

| right, title, and interest in and to the above described property shall, |

| at the option of the Grantor, revert to and become the property of the |

| United States of America, which shall have an immediate right of entry |

| thereon, and the (1) its successors or assigns, shall forfeit all |

|

| |

| right, title, and interest in and to the above described property and in |

| any and all of the tenements, hereditaments, and appurtenances thereunto |

| belonging; provided, however, that the failure of the Grantor to insist |

| in any one or more instances upon complete performance of any of the said |

| conditions shall not be construed as a waiver or a relinquishment of the |

| future performance of any such conditions, but the obligations of the |

| (1) with respect to such future performance shall continue in full |

| force and effect. |

| |

| 1. Use"grantee", "holder", "lessee", "licensee", "patentee", or "party |

| of the second part." |

| |

| 2. Use "conveyed", "granted", or "leased". |

| |

| 3. Describe the purpose to the document. For example, "public road", |

| "campground", or "airport". |

| |

39. Indemnification Clause - State Governments. Use this clause where

State constitution or statute limits liability.

| |

| The Holder, as may be permitted or required by applicable law, shall |

| indemnify the United States against any liability for damage to life or |

| property arising from the occupancy and use of National Forest lands |

| under this authorization. |

| |

53.3 - C - Development, Construction, and Performance Bonds.

26. Pipeline Certification Requirements. Use this clause when professional certification is necessary.

| |

| Pipelines and related mechanical facilities herein authorized shall |

| be designed, constructed, operated and maintained under the supervision |

| of, and certified by, a qualified professional engineer licensed in the |

| State in which the project is located. |

| |

| |

| Operation of pipelines or related mechanical facilities is not authorized |

| until the Holder has furnished the Forest Service written certification, |

| by the qualified professional engineer who inspected construction, that |

| the pipeline and related mechancial facilities have been constructed in |

| accordance with the standards indentified in Clause and the Forest |

| Service has issued written operating approval. |

| |

27. Oil, Gas and Related Material Pipeline Standards. Use this clause to assure compliance with recognized operating practices.

| |

| Related mechanical facilities such as pumps, pump stations and tanks |

| shall be designed, constructed, operated and maintained in accordance |

| with safe and proven engineering practice, and meet or exceed recognized |

| engineering standards for the type of facility. |

| |

53.4 - D - Resource and Improvement Protection.

25. Water Pollution .

| |

| Storage facilities for materials capable of causing water pollution, if |

| accidently discharged, shall be located so as to prevent any spillage |

| into waters, or channels leading into water. |

| |

1/ May be substituted for clause D2

26. Resource Management Plan. Recommended for special use authorizations for powerlines and oil and gas pipelines. It should also be included in other utility rights-of-way authorizations and other management situations where the need is identified by the authorized officer.

| |

| Holder shall join the Forest Service in preparing a resource management |

| plan which will be attached hereto and made a part hereof. Holder agrees |

| to perform all of the acts and practices of land management specified |

| therein. The aforesaid plan shall be reviewed periodically, as determine |

| by the authorized officer. |

| |

53.5

27. Beverage Containers . Mandatory for all special use authorizations for facilities that dispense beverages.

| |

| Holder shall comply with the provisions of Solid Waste Management |

| Guidelines for Beverage Containers, 40 CFR 244. Forest Service |

| Guidelines for conformance shall be provided by the authorized officer. |

| |

28. Continuous Minimum Flow. Optional for permitted water impoundments.

| |

| Holder shall assure that the discharge from the project area is a |

| continuous, minimum flow of cubic feet per second (cfs), as |

| measured immediately below the point of proposed diversion. No |

| diversion of water will be permitted between (dates) or other |

| periods when the natural flow is less than ## cfs. To maintain channel |

| competence, the Holder shall release flows during the peak runoff |

| period in accordance with the release schedule made part of this |

| authorization as Exhibit . |

| |

29. Damage and Fire . In authorizations to National Guard units for military training areas, use the following clause in lieu of D-18. Do not remove preprinted Clause 9, Form 2700-4.

| |

| Holder agrees to take all necessary precautions to avoid damage to |

| property and resources of the United States and will, independently |

| or upon request of the Forest Service, prevent and suppress fires on or |

| near lands occupied, or to be occupied, under this authorization. |

| |

53.5 - E - Tenure, Termination, Revocation, and Limit of Use

15. Termination for National Forest Purposes. Optional for all annual authorizations. Use where there is a possibility of future conflicting land use.

| |

| This authorization is accepted with the understanding that the |

| extent of the need for lands involved for public use is not yet |

| established. It is understood and agreed that if and when, in the |

| opinion of the Regional Forester, the lands herein described are needed |

| for National Forest purposes, or if the lands herein described should |

| be conveyed out of U. S. Government ownership by land exchanges, the |

| authorization shall terminate and that in the event of such termination |

| no damages will be claimed by reason thereof. |

| |

16. Suspension of Use or Occupancy.

| |

| In order to protect the interests of the United States and the public, |

| the issuing officer reserves the right to inspect the permitted use area |

| and improvements thereon at any time for compliance with the terms of |

| this authorization. If the authorized officer determines that the Holder |

| is not complying with the terms of this authorization and that such |

| noncompliance by the Holder may result in endangering the safety and |

| welfare of the users of the authorized area and improvements thereon, he |

| may suspend use or occupancy by the Holder of any part or all of the |

| authorized areas or improvements thereon by notifying the Holder of such |

| suspensionin writing. Such notice of suspension will specify a specific |

| period of time within which the Holder will be required to cease and |

| desist from any such noncompliance with the terms of this authorization. |

| Any such suspension effected by the authorized officer will not operate |

| to relieve the Holder from any obligation and responsibilities arising |

| under the other terms of this authorization. |

| |

53.6 - F - Fire

24. Chimneys .

| |

| Chimneys must be either a lined masonry chimney or a class A chimney |

| approved by Underwriters Laboratories, Inc. Required height and |

| clearance shall be in accordance with National Fire Protection |

| Association standards (NFPA Bulletin 211). |

| |

1/ Substitute for clause F-2

25. Stoves and Stovepipes .

| |

| Required clearance for wood burning stoves shall be in accordance |

| with National Fire Protection Association standards (NFPA Bulletin 89M, |

| 1976 edition). |

| |

1/ Substitute for clause F-3

53.9 - X - Miscellaneous

29. Signs .

| |

| Holder shall not post signs before ____________ and shall remove them |

| by end-of-day __________________________. |

| |

1/ Use in conjunction with clause X-29

42. Subleasing Requirements . Mandatory for authorizations that are approved for sublease. Use in conjunction with clause X-42.

| |

| The Holder, __________________________, in accordance with condition |

| __________ of this authorization, is hereby granted approval to sublet |

| to ____________________ the use and occupancy of the premises and |

| improvements described herein for the period from ___________________, |

| 19____ through ____________, 19____. The holder shall continue to be |

| responsible for compliance with all conditions of this authorization. |

| |

1/ Use in conjunction with clause X-42

46. Corporate Status Notification . Optional for use when dealing

with major corporations and public utilities as a replacement for required

clause X46.

| |

| Holder shall provide sufficient information so that the authorized |

| officer will know the true identity of the corporation. Upon request |

| by the authorized officer, the Holder will furnish additional information |

| as set forth under 36 CFR 251.54(e)(1)(IV). A certified copy of either |

| the minutes of the board, or the pertinent excerpts from the corporated |

| resolutions authorizing the corporate official designated to handle its |

| affairs with the Forest Service will be furnished the authorized officer. |

| |

96. Intermingled Ownership . Mandatory for all military training uses.

| |

| Recognize that private ownerships are intermingled with National Forest |

| ownership in these National Forests and that it is not the intent of |

| this special use authorization to modify or interfere with the use of |

| such lands nor to authorize in any way the use of such private land |

| except as the United States, through the Forest Service, may have |

| ingress and egress rights over such lands. |

| |

97. Third Party Use and Occupancy. Optional for all military training uses.

| |

| Temporary use and occupancy of the premises and improvements herein |

| described may be allowed by (Name of DOD Agency/NG) to third parties |

| with approval of the authorized officer providing said officer is |

| notified at least 90 days prior to the proposed use, but the (Name |

| of DOD Agency/NG) shall continue to be responsible for compliance with |

| all conditions of this authorization by persons to whom such premises |

| may be allowed. |

| |

| For IA's only, add the following to the above. |

| |

| Except that the (Name of DOD Agency/NG) must secure an agreement |

| from non-Federal third parties ancillary to this interagency |

| agreement providing for: (1) compliance with all provisions of |

| the interagency agreement; (2) restoration of all damages their use may |

| cause to National Forest System lands; and (3) acceptance of liability |

| for personal injury and property damages subject to applicable laws. |

| |

98. Potable Water Responsibility . Mandatory for all water use

authorizations.

| |

| It is expressly understood by the Holder and the Holder hereby |

| acknowledges that the Forest Service is not responsible in any manner |

| for the potability of the water which is in any way related to the use |

| authorized by this document. Holder assumes any and all risks and/or |

| hazards as to the potability of such water. |

| |

99. Water Testing . Use when a public water supply may be developed.

| |

| Title 40 CFR Part 141, National Interim Primary Drinking Water |

| Regulations (NIPDWR), State and local regulations apply to public water |

| systems operated under this authorization. The Holder is responsible |

| for achieving compliance with all requirements of the regulations. |

| |

100. Signing Authority Certificate. Include a Certificate of Signing Authority with all special use authorizations, other than for individuals.

| Holder shall have executed by another officer of the organization the |

| following Certificate of Signing Authority. |

| |

| CERTIFICATE OF SIGNING AUTHORITY |

| |

| I, , certify that this day of |

| |

| 19 , I am the |

| (Title) |

| of ; that who |

| (Holder's Name) (Name of person signing) |

| |

| signed this Special Use Authorization on behalf is |

| (Holder's Name) |

| |

| ; that said Special Use Authorization is duly |

| (Holder's Title) |

| |

| signed for; and in behalf of by |

| (Name of Holder) |

| |

| the authority of the governing body. |

| |

| |

| |

| |

| (Signature) |

| |

101. Succeeding Authorization . Mandatory for use in a new authorization issued, as a result of an expired authorization, to continue the same use of the same site and by the same Holder.

| |

| This authorization succeeds a special use document for a |

| issued to the Holder on and which expired . |

|

102. Motion Picture and Television - Activity Schedule. Use to establish time frames within which activities will take place.

| |

| Active work on the permitted area is expected to begin , |

| 19 . Cleanup and restoration of the authorized area will be |

| completed within day(s) following cessation of filming or an |

| interruption of filming on the permitted area of more than |

| day(s). Holder shall not commence operations at a new filming location |

| until all required restoration work is completed on the previously used |

| location(s) unless specifically authorized by the District Ranger. |

| |

103. Cooperative Work . Use to provide for costs of Forest Liaison person.

| |

| Holder expressly agrees to pay the Forest Service in advance for all |

| expenses to be incurred by the Forest Service in providing the full |

| time services of an employee who will work with the Holder to protect |

| the public interest from any adverse effects of the permitted use. Under |

| the authority of Section 5 of the Act of April 24, l950 (16 U.S.C. 572) |

| the advance payment at such time and in such amount as specified by the |

| Forest Service will be deposited into a Cooperative Fund. The total |

| deposit will be sufficient to cover the cost of the work, including gross |

| salary, per diem, vehicle operation and necessary overhead charges. |

| These funds will be retained and expended by the Forest Service over the |

| period of use covered by this authorization. Excess of deposit over the |

| cost of the work shall be refunded to the Holder when the authorization |

| s terminated. |

| |

104. Plan of Operations . Mandatory for use in Outfitter Guide

authorizations and optional for use in Special Event authorizations.

| |

| Holder shall prepare in coordination with the Forest Officer designated |

| by the authorized officer, a plan of operation which, when accepted, |

| shall be attached to and become a part of the authorization. |

| |

| The plan of operations titled "Plan of Operations for (Holder's Name)" |

| shall have as a minimum the following sections: |

| |

| I. Description and location of Guiding Activities or Special Events |

| including maps. |

| |

| II. Schedule of Activities (to be updated on date each year). |

| |

| III. Safety Section: |

| |

| (For Outfitter Guide) |

| |

| a. Equipment |

| b. Guide Qualification and Testing Requirements |

| c. Accident Procedures (list of emergency numbers and notification of |

| Forest Officer), |

| d. List of qualified guides (annually at the beginning of the season |

| and additions prior to starting work). |

| |

| (For Special Events) |

| |

| a. Provision for Instructions |

| b. Safety devices such as signs, warnings, signals, barriers, etc. |

| c. Traffic control |

| d. First Aid and other needed medical Services |

| e. Fire and rescue services. |

| f. Expand this section as necessary to cover all safety items for |

| the event. |

| |

| IV. Signature Block |

| |

105. Ownership of Improvements by Other Than the Holder. Optional for use in authorizations involving recreation residences, and like uses.

| |

| Holder shall exercise effective ownership and control of all facilities |

| on the permitted area. Forest Service acquiescence in a financing |

| arrangement wherein the title to the improvements is in an investor, |

| lender, manufacturer, or supplier will not convey right in such |

| titleholder to operate said improvements. Also, no obligation to issue |

| an authorization to such titleholder will be recognized by the Forest |

| Service in the event of default by the Holder or of dissolution of the |

| Holder through sale, transfer, bankruptcy, foreclosure, or other legal |

| proceedings. |

| |

106. Access Replacement . Use to secure replacement access when planned developments will obliterate existing access points.

| |

| Holder will locate and construct a road acceptable to the Forest Service |

| as a replacement for that section of Forest Development Road which |

| will be destroyed by the construction of the authorized activity. |

| |

107. Personal Recreation Use. Use this clause in conjunction with standard clause X73.

| |

| If at any time occupancy becomes residential in nature to the exclusion |

| of a residence elsewhere, the Special Use authorization will be |

| terminated. |

| |

108. Operation and Management Plans. Use this clause to incorporate an annual operation and/or management (maintenance) requirement as part of

the authorization and R8-D1 is not appropriate.

| |

| The attached operation and/or management plan, when currently approved |

| by the authorized officer will become part of this authorization. Its |

| terms and conditions are binding on the permitee/grantee. |

| |

53.9--7

109. Forest Service Representative . This clause is recommended for use in authorizations to clearly identify the Forest officer in charge.

| |

| The District Ranger, , Ranger District, Telephone |

| No. , is responsible for administering this special-use |

| authorization. The Holder should contact the District Ranger regarding |

| any questions concerning the use and occupancy authorized and the |

| provisions of this authorization. |

| |

110. Protection of Road Facilities. Use for linear type authorizations when the location of buried facilities (cable, pipeline, etc.) could interfere with the replacement or maintenance of existing road structures (bridge, culvert, etc.).

| |

| Authorized improvements shall be placed no closer than ten (10) feet |

| from an existing road structure (bridge, culvert, etc.) or buried at a |

| sufficient depth, so as not to interfere with the replacement and/or |

| maintenance of said structure. |

| |

111. Off-Route Vehicular Travel. Use when there is a need to restrict travel to designated routes.

| |

| No off-route travel by vehicles of any type is allowed in connection |

| with this authorization. |

| |

112. Delay of a Special Event. Use when necessary to postpone or cancel an event due to environmental conditions.

| |

| Authorized officer shall have the authority to postpone or cancel the |

| permitted event in case of extreme fire danger or unusually heavy rain. |

| |