2721.2 - Individual Use . Authorizations that allow the clearing of National Forest System land to enhance the view of neighboring private property (vista authorizations) are prohibited. Therefore, deny requests for extensions, renewals, transfers or new uses.

2721.23a - Administration

8. Recreation residences are not full-time residences. Definition of a full-time resident: An individual or family that maintains a year-long mailing address and full-time occupancy to the exclusion of any other residence.

2721.49 - Recreation Event . 36 CFR 251.51 Subpart B eliminated the category of recreation event. All such activities are now in the category of special events. See FSM 2723.11 for guidance.

2721.53 - Outfitter and Guide

2721.53g - Permit Preparation and Conditions of Use. Operating Plan - The purpose of an annual operating plan is to outline things such as the method of operation, safety requirements, and restrictions that are required, including group size and dates of operation. The content of an annual operating plan will vary depending on the type, size and complexity of the use that is permitted. Include in the operating plan items that standard special use clauses do not cover. The operating plan shall be made a part of the authorization. See FSH 2709.11, Clause No. R8-X9, for sample operating plan.

2723 - COMMUNITY AND PUBLIC INFORMATION

2723.1 - Meetings

2723.11 - Special Event . Policies and procedures set forth in this supplement apply to all types of group events as described in 36 CFR 251.51, Subpart B.

Special events are defined as organized or publicized activities involving, or expecting to attract, twenty five (25) or more persons which take place on National Forest System lands, resources or facilities. Examples of special events are: assemblies, demonstrations, fishing rodeos, road races of various types, horse rides, parties, reunions, etc.

Charge the minimum fee for a special event which makes use of motorized equipment. Use the greater of three options; (1) $100, (2) 5% of the total amount of receipts or, (3) $50 per day for each day of the event. Receipts will include all income from the event except those moneys returned to the entrants in the form of prizes.

Issue authorizations for special events unless the authorized officer determines that one or more of the following conditions are met:

1. Planned event would conflict with another use which has been previously approved by special use authorization, contract, or approved operating plan. Examples of conflicts are: timber sales, mineral operations, silvicultural contracts, or wildlife stand improvement contracts.

2. Planned event would present a clear and present danger to public health or safety.

3. Planned event would be of such nature and duration that it could not reasonably be accommodated in the particular place and time applied for.

4. Application proposes activities that are prohibited in 36 CFR 261 or by Supervisor's Orders.

5. No person or entity is authorized to sign the special use authorization on behalf of the group applying for the authorization and/or there is not a person or entity willing to accept responsibility for the groups adherance to the terms and conditions of the authorization.

When an application is denied on the basis of (1) or (3) above, the authorized officer shall provide the applicant the opportunity to accept an alternative site or time selected by that officer.

2723.2 - Religious Facilities

2723.21 - Cemetery . Deny applications for new uses or expansion of existing uses.

For existing uses, the Holder and the Forest Service shall jointly prepare a perpetual care plan which is satisfactory to the authorized officer. This plan will include, but not be limited to:

1. Name of cemetery.

2. Name, address and phone number of contact person.

3. List of cemetery association officers.

4. Map or plat (8-1/2x11) showing size, location, etc., if special use map is not adequate.

5. Maintenance schedule (time schedule and types of maintenance).

Attach this plan to and make it a part of the cemetery special use authorization.

For cemeteries that are not valid claims, consider disposing of cemeteries by exchange or by incorporating the cemetery and necessary development space into a larger exchange.

2723.4 - Sanitary Systems

2723.42 - Liquid Waste Disposal Area. This designation includes drain fields for individual use. Issue authorizations for the occupancy and use of National Forest System land to supplement private developments such as septic tanks or water treatment plants are only when the applicant can prove that no other reasonable alternative is available. Base authorizations on suitability determinations taking into account soils, floodplains, wetlands, etc.

2723.7 - Encroachments

2723.73 - Other Improvements . Included in this topic are areas of National Forest land that are adjacent to private lands which are maintained and used as lawns or yards and the locations of improvements are situated so close to the boundary that use of adjacent land is inevitable. Use this designation only when resolution cannot be achieved using other existing authorities.

2724.3 - Training

2724.31 - Military Training Areas. For authorizations issued to National Guard units, omit mandatory clause B-8, since the United States is liable for all claims under Section 316, 502, 504, or 505 of Title 32, U. S. Code.

Amend clause D-18, if used, to read beginning with "The Holder agrees" and ending with "or to be occupied under this authorization." Omit the remainder of the clause.

Do not remove Standard Clause 9, Form 2700-4.

2724.4 - Cultural Resource and Treasure Trove Uses. Issue special use authorization for all cultural resource activities conducted on National Forest System lands except for those conducted under contract to the Forest Service or conducted by or under the direct supervision of Forest Service staff archeologists. See Section 100, Investigation, of National Historic Preservation Act and FSM 2360.

Cultural resource surveys required by easement stipulations, Chapters 20 and 30, FSH 2709.12 and FERC licenses are examples of activities that are considered under contract with the Forest Service.

Ask applicants who wish to expedite requests or have a large project to furnish an archeological report (See Section 100, Investigation, NHPA and FSM 2360).

Issue authorizations for surveys only (nondisturbing activity) under the Organic Act of June 4, 1897; authorize surveys with limited testing under the Antiquities Act of June 8, 1906. The Archeological Resources Protection Act of 1979 (16 USC 470aa) authorizes excavation (land disturbing) activities only.

Issue Special Use Authorizations to the investigating archeologist in instances where the applicant does not have an archeologist as part of his organization.

Waive fees under authority of 36 CFR 251.57 when the investigation contributes to the programs of the Secretary.

Require applicant to submit an investigation plan (Research Design Plan) with the application. The Forest Archeologist will review and the authorized officer will approve. The plan shall contain the following minimum information:

a) qualifications of investigator

b) methodology used

c) time table for submission of findings

d plan for storage and curation of artifacts

e) disposition of field notes and reports

2725.5 - Arts . Make location sites on National Forests available for commercial photography and motion picture and television locations where such uses do not seriously impact forest land resources or other uses, or do not unreasonably interfere with National Forest management. Forests may require posting of guards to assure resource protection, for fire prevention, or similar activities. Also included in this category are authorizations to allow photographs of Forest visitors for resale.

The following exceptions do not require an authorization:

1. Individuals who take photographs or make films or recordings for personal use.

2. Persons with press credentials in pursuit of news stories, although compliance with other restrictions may apply.

3. Persons interested in recording images on NFS lands for profit through sales to publications.

4. Fee Schedule .

a. Determine fees by the number of people on location. Authorized Officer may adjust the fees in special circumstances such as minimum number of people or short time periods

Fees per day for Movie/TV Locations Fees per day for Still Photography

(a) 1 - 10 persons $150.00 (a) 1 - 10 persons..... $ 50.00

(b) 11 - 30 persons 200.00 (b) 11 - 30 persons..... 150.00

(c) 31 - 60 persons 500.00 (c) over 30 persons.... 250.00

(d) over 60 persons... 600.00

Fees for Photographs of Forest Visitors: 5% of gross revenue subject to a $100 minimum per authorization.

b. Certain structures such as the Cradle of Forestry,

Blanchard Springs Cavern or Brasstown Bald are sufficiently

unique as attractions for filming. Allow this where it will

not unduly hinder administrative or public use. Charge a

$200.00 fee in addition to the fee(s) provided by paragraph

1(A) to reflect the additional value of these sites.

5. Special Use Areas . Grant authorizations for filming on areas under Special Use authorization with concurrence of the Holder. Determine fees as provided by paragraph 1(A) and (B).

6. Collection Agreements . Recover costs incurred by the Forest Service for activities which are the responsibility of the Holder such as posting of guards to protect resources, fire prevention, and similar protection activities. Ref. FSH 1509.11, Chapter 70. Add clause R8-X8 to the authorization to provide for collection.

7. Applications . Require full documentation with the authorization application as to:

a. Number of people involved on location, whether employees,

volunteers, contractors, or other personnel.

b. A schedule of times, dates, and location of operations.

c. All equipment or chemicals available on location.

d. Reasonable changes expected in the natural condition of the

area resulting from the production.

8. Other Requirements . Where appropriate, the authorized officer will require liability insurance and performance bonds (site rehabilitation) that protect the public interest.

Limit filming in Wilderness areas to negligible impacts normally associated with conforming uses.

Notify public affairs officer when contacted by motion picture or television producer prior to issuing an authorization to use National Forest lands or facilities.

2726 - ENERGY GENERATION AND TRANSMISSION

2726.3 - Oil and Gas Development

2726.31 - Oil and Gas Pipelines . The Holder may install more than one development within an authorized right-of-way without being assessed additional fees. If additional right-of-way is needed, assess the Holder for the additional area, which will be added to the original authorization. It is our intent to maximize the use of designated rights-of-way. This applies to all other types of linear rights-of-way for utilities as well.

Treat application for use of the right-of-way by others separately. If authorized, issue a separate authorzation or other authorization or document.

2726.32 - Oil and Gas Pipeline Related Facilities. Direction in 2726.33 applies to these facilities.

2726.33 - Oil and Gas Production and Storage Area. Issue authorizations for oil and gas related facilities such as:

1. Saltwater Injection Wells

2. Saltwater Pumping Station

3. Compressor Station

4. Gas Sales Meter Station

5. Heater Station

6. Tank Battery

7. Saltwater and Oil Flow Lines

8. Any Combination Thereof

Use this designation for facilities on National Forest System (NFS) lands located outside the Bureau of Land Management (BLM) lease area under development. Coordinate with requirements of FSM 2527.04 prior to the issuance of an authorization.

Authorizations are not required for the installation of: (1) facilities under reserved or outstanding mineral rights, except as provided for in FSM 2706.10, or (2)

facilities authorized by BLM leases which may include unitization or communitization agreements. Exceptions may exist when the local BLM and the authorized officer have agreed that an authorization is required.

All other oil and gas related facilities on NFS lands are authorized by the Forest Service (FS) using form FS-2700-4. Any of the above facilities on lands subject to a BLM oil and gas lease issued under 1920

Mineral Leasing Act for Public Domain land, and 1947 Mineral Leasing Act for acquired land are authorized by the terms of the lease; thus, are not subject to FS special use authorization. Note, oil or gas sold at wellhead is no longer subject to BLM lease. The pipeline operator is required to obtain a special use authorization.

The FS is the primary authorizing agency, under Title V of the Federal Land Policy and Management Act of 1976, for the surface and subsurface uses of NFS land not subject to rights as described in the preceeding paragraphs. Ask the BLM to provide technical advice on saltwater injection well applications relative to subsurface concerns such as protection of minerals and aquifers. The FS will normally deny a request for an authorization on the advice of the BLM. Obtain approvals from the Environmental Protection Agency and appropriate State agencies prior to FS approval of authorizations to inject saltwater.

2726.4 - Electric Transmission and Distribution.

Construct new powerlines up to 34.5 KV underground where the environmental analysis indicates such installation is needed to meet environmental concerns identified in the analysis and the Forest Land and Resource Management Plan. The exceptions follow:

A valid reason for allowing above-ground construction is verified excessive cost of underground installation. The authorized officer determines if and when the applicant must submit a detailed economic comparison between underground construction and above-ground construction. The comparison, in addition to considering installation costs, should consider future operation and maintenance costs over at least a 30-year period of time. Use the most efficient method of undergrounding in estimating underground costs. At what point the cost of undergrounding becomes excessive and unrealistic is a matter of judgment.

In addition, take the land ownership pattern into account. Undergrounding might not be the best alternative where minimal National Forest System land is intermingled with private land and the line is constructed above ground on private land. Each individual length of right-of-way on NFS land less than one-fourth mile is considered minimal.

The key factor in the analysis of the proposal is the need to meet the VQO assigned to project land. Details on the VQO system are found in the following sources:

1. "NFLM" Vol. 2, Chapter 1, VMS, Agr. Handbook No. 462

2. "NFLM" Vol. 2, Chapter 2, Utilities, Agr. Handbook No. 478

3. R-8 FSH 2309.22

2727 - TRANSPORTATION . Maximize the use of designated rights-of-way. Holder may install more than one development within an authorized area without assessment of additional fees. If additional right-of-way is needed, assess the Holder for the additional area, in addition to the original authorization. Treat application for the use of the right-of-way by others as a separate use. Ensure the right-of-way development complies with FSM 2527.04c.

2727.1 - Aircraft Facilities

2727.11 - Airport, Heliport . Use when needed for obstruction clearance along approach and departure paths of aircraft. An example of this could be the encroaching height growth of a maturing stand of timber. Compare the effects on resource management of a special use authorization to potential contributions to the community and aircraft safety. Consider land exchanges as alternatives to issuing special use authorizations.

2728 - COMMUNICATIONS

2728.1 - Electronic Sites .

8. Term Special-Use Permit for Communication Uses. Issue all new term special-use permits for communication uses in this format. This permit format is shown as Exhibit 1.

Include all of the terms and conditions. Do not change the order or arrangement of the permit. Any alterations, deletions, or additions require approval of the Director of Lands and Minerals. If needed for a local condition or situation, the Authorized Officer may add additional terms and conditions under part XI Miscellaneous Provisions. Ensure that all terms and conditions added to the permit do not conflict with the standard provisions.

_________________________________________________________________________

U. S. DEPARTMENT OF AGRICULTURE :a. Region :b. Forest :c. District

Forest Service : : :

: <> : <> : <>

SPECIAL USE PERMIT :d. State :e. County :f. Congres-

FOR COMMUNICATIONS USES : : : sional

Act of October 21, 1976 : : : Dist.

(PL 94-579); 36 CFR 251.50, : <> : <> : <>

et seq. :g. Holder :h. Holder :k. Type Site

: No. : Suffix :

: <><> : <> : <>

Permission is hereby granted to <>, of <>, hereinafter called the Holder, to use, subject to the terms, provisions, and conditions herein, the following described lands or improvements:

a. National Forest System land identified as a portion of the <> Communications Site, within Section <>, T<>, R<>, <>, as shown on the site location map attached to and made part of this authorization.

b. Construction, operation, and maintenance of the following facilities and improvements (If an access road is involved, include its description):

(buildings, roads, etc.) _____________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

This permit covers <>.<> acre(s) and is issued for the purpose of managing communications uses on the site in accordance with the communications site plan which is attached to and made part of this authorization.

a. Operating the following categories of communications uses^*:

(Broadcast Radio, Two-way Microwave, Mobile Radio, etc.) _______

_____________________________________________________________________________

_____________________________________________________________________________

^*Appropriate licenses, approvals, and technical data sheets must be on

file.

b. Leasing space to tenants for installation and operation of communications equipment under this authorization.

I. TENURE, RENEWAL, TERMINATION, AND TRANSFERABILITY

A. Unless sooner terminated or revoked by the authorized officer, in accordance with the provisions of the authorization, this authorization shall expire and become void on (Date) .

B. This authorization may be renewed subject to the following conditions: (1) the land use allocation is compatible with the Forest Land and Resource Management Plan; (2) the site is being used for the purposes previously authorized; and (3) the enterprise is being continually operated and maintained in accordance with the provisions of the authorization. The holder shall notify the authorized officer in writing not less than six (6) months prior to said date that such new authorization is desired.

C. The authorized officer may suspend, revoke, or terminate this authorization for (1) noncompliance with applicable statutes, regulations, or terms and conditions of the authorization; (2) for failure of the holder to exercise the rights and privileges granted; (3) with the consent of the holder; and (4) when, by its terms, a fixed agreed upon condition, event, or time occurs. Prior to suspension, revocation, or termination, the authorized officer shall give the holder written notice of the grounds for each action and a reasonable time to correct curable noncompliance.

D. This authorization is not transferable. If the holder through voluntary sale or transfer, enforcement of contract, foreclosure, or other valid legal proceeding shall cease to be the owner of the physical improvements, this authorization shall be terminated. If the person to whom title to said improvements shall have been transferred is deemed by the authorizing officer to be qualified as a holder, then such person to whom title has been transferred may be granted a new permit. Such new permit may contain new terms and conditions as existing or prospective conditions may warrant.

E. Upon abandonment, termination, revocation, or cancellation of this authorization, the holder shall remove within a reasonable time all structures and improvements except those owned by the United States, and shall restore the site, unless otherwise agreed upon in writing or in this authorization. If the holder fails to remove all such structures or improvements within a reasonable period, they shall become the property of the United States, but that will not relieve the holder of liability for the cost of their removal and restoration of the site.

F. Periodic Revision

1. The terms and conditions of this authorization shall be subject

to revision to reflect changing times and conditions so that land use allocation decisions made as a result of revision to the Forest Land and Resource Management Plan may be incorporated.

2. At the sole discretion of the authorized officer, this authorization may be amended to remove authorization to use any National Forest System lands not specifically covered in the Communications Site Plan and/or needed for occupancy under this authorization.

G. The holder shall immediately notify the authorized officer when a change of address or when a sale and transfer in ownership of the authorized improvements is planned.

II. FEES

A. The holder shall pay annually in advance a sum determined by the Forest Service to be the fair market value of the use authorized. The initial payment is:

1.) $(dollars) for the remainder of this calendar year. Subsequent payments shall be in the amount of $(dollars) for each calendar year until further notice.

If the holder authorizes tenant use, the holder is responsible for any tenant fees due the Government. Fees will be calculated from the tenant statement provided by the Holder (clause III c). Billings will be reconciled using the current statement of tenants with adjustments made in the next years billing. Tenants occupying the facility less than six (6) months will be charged one-half 1/2 of the annual fee or the minimum fee, whichever is greater.

The Forest Service may adjust the amount of payment annually by the Consumer Price Index or a similar index or method to reflect more nearly the fair market value of the use. Periodically, the Forest Service shall review the fee and adjust the fee as necessary to assure that the fee is commensurate with contemporary values as determined by appraisal or other sound business management principles.

2.) Fees for this authorization are based on the holders accepted bid on prospectus # <> , dated (date) . For the remainder of this calendar year fees will be $(dollars). Subsequent payments shall comply with the accepted bid of: (cite as stated in bid)

Failure of the Holder to make timely payments, pay interest charges or any other charges when due, constitutes breach and shall be grounds for termination of the authorization. This permit terminates for nonpayment of any monies owed the United States when more than ninety (90) days in arrears.

B. Interest and Penalties.

1. Pursuant to 31 U.S.C. 3717 and 7 CFR Part 3, or subsequent changes thereto, interest shall be charged on any fee not paid within thirty (30) days from the date the fee in this authorization was due.

2. Interest shall be assessed using the higher of (1) the most current rate prescribed by the United States Department of Treasury Financial Manual or (2) the prompt payment rate prescribed by the United States Department of Treasury under section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611). Interest shall accrue from the date the fee is due. In the event the account becomes delinquent, administrative costs to cover processing and handling of the delinquent debt may be assessed.

3. A penalty of six (6) percent per year shall be assessed on any fee overdue in excess of ninety (90) days, and shall accrue from the due date of the first billing. The penalty is in addition to interest and other charges specified in item 2.

4. Delinquent fees and other charges shall be subject to all the rights and remedies afforded the United States pursuant to federal law and implementing regulations (31 U.S.C. 3711 et seq.).

III. OCCUPANCY

A. Whenever possible and compatible with the existing facilities, the holder shall allow tenants to install equipment in or on the facilities authorized, unless the holder demonstrates to the authorized officer that space is not available; the use is incompatible with the existing facilities; additional space is needed by the holder; or additional users would violate system security needs. All tenants must comply to the terms and conditions of this authorization. The holder may charge a reasonable fee commensurate with the use and occupancy of the facilities and services provided to the tenant.

B. The holder will place no restrictions on tenants or potential tenants which are deemed unreasonable by the authorized officer. Examples of unreasonable restrictions include requiring a particular brand of equipment or service company; or charging fees which are not consistent or in excess of other fees for the same facility.

C. Multiple user authorizations. If the holder authorizes tenant use under this permit, the holder shall:

1. Notify the authorized officer and other users on the site of proposed new uses. Notification, on Form FS-2700-10, Technical Data-Electronic Type Land Use, must occur forty-five (45) days prior to operation. All communications uses must comply with the communications site plan.

2. Provide the authorized officer, by October 15 of each year, with a statement listing all tenants occupying the facility from October 1 of the previous year through September 30 of the current year. Statements shall contain the name and address of each tenant; the category of use described sufficiently for the Forest Service to determine the appropriate fee; operating frequencies; the dates each use was allowed; and any additional information the authorized officer requests.

IV. DEVELOPMENT, OPERATION, AND MAINTENANCE

A. All development, operation, and maintenance of the authorized facility, improvements, and equipment shall be in accordance with the communications site plans, specifications and stipulations approved by the authorized officer prior to beginning such activity.

B. The holder shall operate all authorized communications equipment in a manner which will not cause harmful interference with the operation of existing equipment on or adjacent to the communications site. If interference results from equipment operated under this authorization, the holder will promptly take the necessary steps to eliminate or reduce the harmful interference to the satisfaction of the authorized officer.

C. All plans for development, layout, construction, reconstruction, or alteration of improvements on the site, as well as revisions of such plans, must be prepared by a licensed engineer, architect, and/or landscape architect (in those States in which such licensing is required), or other qualified individual acceptable to the authorized officer. Such plans must be accepted by the authorized officer before commencement of any work. A holder may be required to furnish as-built plans, maps, or surveys upon the completion of construction.

D. All electrical wiring will be installed and maintained in strict compliance with the safety rules dealing with electrical supply and communications lines which are set forth in the National Electric Safety Code, National Electric Code and also with all applicable local codes. Upon the completion of the installation covered by this authorization, the holder shall deliver a written certification by the inspecting authority or designer to the authorized officer that all safety requirements for wiring have been met.

E. The holder, in the exercise of the privileges granted by this authorization, shall require that employees, sublessees, contractors, subcontractors, or renters and their employees comply with all applicable conditions of this authorization and that the conditions of this authorization be made a part of all subleases, contracts, subcontracts, or rental agreements. This clause shall not be construed as authorizing such subleases, contracts, subcontracts, or rental agreements unless authorized by the authorized officer

. F. This authorization is contingent upon the possession of a valid Federal Communications Commission (FCC) or National Telecommunication and Information Administration and Interagency Radio Advisory Committee (NTIA/IRAC) authorizations and operation of the equipment covered in strict compliance with applicable requirements of FCC or IRAC and the technical data set forth on Form FS-2700-10, Technical Data-Electronic Type Land Use. A legible copy of each applicable license or authorization shall, at all times, be maintained by the holder for each transmitter being operated. The holder shall provide the authorized officer with current copies of all FCC and NTIA licenses or approvals for all installations covered by this authorization.

The holder will supply the Forest Service with current copies of Form FS-2700-10, Technical Data - Electronic Type Land Use, for all communications equipment authorized by this permit.

G. All transmitting and receiving equipment, including power supplies, shall be mounted in enclosed metal cabinets or standard racks with effective radio-frequency protective metal shielding covers. All equipment, including associated cables, wiring, auxiliary equipment, and antenna systems, shall be installed and maintained in a clean, neat, and orderly manner, and shall be electrically and mechanically sound.

H. At the request of the authorized officer, the holder shall provide, at own expense, an annual technical inspection of the authorized facilities and equipment. The inspection will be conducted by a telecommunications specialist. Inspections will verify that the authorized facility/equipment is operating within the specifications of the site plan and the FCC/NTIA authorization, complies with the equipment manufacturers specifications, and equipment is secure, rust free, properly grounded, properly operated and properly maintained. A copy of the inspection report and recommendations shall be submitted to the authorized officer.

V. RESPONSIBILITIES OF THE HOLDER

A. The holder, in exercising the privileges granted by this authorization, shall comply with all present and future regulations of the Secretary of Agriculture and federal laws; and all present and future, State, county, and municipal laws, ordinances, or regulations which are applicable to the area of operations covered by

this authorization, to the extent they are not in conflict with federal law, policy, or

regulation. The holder is responsible for enforcing laws, regulations, ordinances, and the like which are under the jurisdiction of other government bodies.

B. The holder shall not remove, damage, or destroy any vegetation on the authorized area except as provided by approved plans, specifications, or stipulations.

C. The holder shall take all reasonable precautions to prevent and suppress forest fires. No material shall be disposed of by burning in open fires without a written permit from the forest officer in charge or the authorized agent.

VI. LIABILITIES

A. This authorization is subject to all valid existing rights and claims outstanding in third parties. The United States is not liable to the holder for the exercise of any such right or claim.

B. The holder shall hold harmless the United States from any liability from damage to life or property arising from the holders occupancy or use of National Forest lands under this authorization.

C. The holder shall exercise diligence in protecting from damage the land and property of the United States covered by and used in connection with this authorization. The holder shall pay the United States the full cost of any damage resulting from negligence or activities occurring under the terms of this permit or under any law or regulation applicable to the National Forests, whether caused by the holder, or by any agents or employees of the holder.

D. The holder shall fully repair all damage, other than ordinary wear and tear, to National Forest roads and trails caused by the holder in the exercise of the privilege granted by this authorization.

E. The holder assumes all risk of loss to the improvements.

F. The holder has the responsibility of inspecting the area authorized for evidence of hazardous conditions which could affect the improvements or pose a risk or injury to individuals.

VII. NONDISCRIMINATION AND TENANT AGREEMENTS

A. During the performance of this authorization, the holder agrees:

1. In connection with the performance of work under this authorization, including construction, maintenance, and operation of the facility, the holder shall

not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, or handicap (Ref. Title VII of the Civil Rights Act of 1964, as amended).

2. The holder and employees shall not discriminate by segregation or otherwise against any person on the basis of race, color, religion, sex, national origin, age, or handicap by curtailing or refusing to furnish accommodations, facilities, services, or use privileges offered to the public generally (Ref. Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments, Sections 501, 503, and 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975).

3. The holder shall include and require compliance with the above nondiscrimination provisions in any subcontract made with respect to the operations under this authorization.

4. When furnished by the Forest Service, signs setting forth this policy of nondiscrimination will be conspicuously displayed at the public entrance to the premises, and other exterior and interior locations, as directed by the Forest Service.

5. That the Forest Service shall have the right to enforce the foregoing nondiscrimination provisions by suit for specific performance or by any other available remedy under the laws of the United States or the State in which the breach or violation occurs.

B. The holder will reduce to writing all of its agreements with authorized users of the facilities covered by this authorization, specifying therein, as a separate item, the rental and service charge for the use of said facilities. Upon request, will furnish a true copy of each such agreement and any changes therein to the authorized officer.

VIII. MISCELLANEOUS PROVISIONS

A. This authorization is non exclusive; the Forest Service reserves the right to use or authorize others to use any part of the authorized area for any purpose, provided such use does not interfere with the rights and privileges hereby authorized.

B. The Forest Service reserves the right to enlarge or reduce the area of the site described herein, provided that the area actually occupied by the buildings and towers shall not be excluded therefrom and such modification does not interfere with the rights and privileges granted. The Forest Service further reserves the right, in conformity with sound engineering practices, to require the holder to discontinue the use of and/or to relocate appurtenant facilities such as parking lots, Exhibit 1 - continued

service roads, utility lines, propane tanks, and so forth, and any other improvements constructed on the site except the buildings and towers, to any other locations within or outside the boundaries of the site described herein. Relocation will be documented in the communications site plan and amended to this authorization.

C. When directed by the Forest Service, the holder shall cease operations under this authorization temporarily if they interfere with United States Government radio or electronic operations in an emergency situation.

D. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this agreement or to any benefit that may arise herefrom unless it is made with a corporation for its general benefit.

E. Nothing in this authorization shall be construed to imply permission to build or maintain any structure not specifically named on the face of this authorization, or approved by the authorized officer in the form of an amendment or new authorization.

F. Except for any restrictions as the holder and the authorized officer may agree to be necessary to protect the installation and operation of the authorized structures and developments, the lands and waters covered by this authorization shall remain open to the public for all lawful purposes. To facilitate public use of this area, all existing roads or roads as may be constructed by the holder shall remain open to the public, except for roads as may be closed by joint agreement of the holder and the authorized officer.

G. The Forest Service shall monitor the holder's operations and reserves the right to inspect authorized facilities and improvements at any time for compliance with the terms of this authorization. Inspections by the Forest Service do not relieve the holder of responsibilities under this authorization.

H. The holder shall immediately notify the authorized officer of any and all known antiquities or other objects of historic or scientific interest, such as, historic or prehistoric ruins, fossils, or artifacts discovered as the result of operations under this authorization. Such discoveries shall be left intact until authorized to proceed by the authorized officer. Protective and mitigative measures specified by the authorized officer shall be the responsibility of the holder.

I. Location of areas needing special measures for protection of plants or animals listed as threatened or endangered under the Endangered Species Act of 1973 (ESA), as amended, or as sensitive by the Regional Forester under authority of FSM 2670, derived from ESA, section 7, consultation, may be shown on a separate map, hereby made part of this authorization, or identified on the ground. Protective and mitigative measures specified by the authorized officer shall be the responsibility of the holder.

If protective measures prove inadequate, if other such areas are discovered, or if new species are listed as Federally threatened or endangered or as sensitive by the Regional Forester, the authorized officer may specify additional protection regardless of when the facts become known. Discovery of such areas by either party shall be promptly reported to the other party.

J. Appeal of any provisions of this authorization or any requirements thereof shall be subject to the appeal regulations at 36 CFR 251, Subpart C, or revisions thereto. The procedures for these appeals are set forth in 36 CFR 251 (54 FR 3362, January 23, 1989).

K. In the event of any conflict between any of the preceding standard provisions and any subsequent additions, the preceding standard conditions control.

This permit is accepted subject to the conditions set out above.

Date (Date)

(CORPORATE SEAL)

By (Signature)

(Vice) President

ATTEST:

(Signature)

(Assistant) Secretary

The following certificate shall be executed by the Secretary or

Assistant Secretary of the Corporation:

I, (Name) , certify that I am the (Title)

Secretary of the Corporation that executed the above permit; that

(Name) , who signed said permit on behalf of said Corporation was then (Title) of said Corporation;

that I know his/her signature, and that his/her signature on said permit is genuine; and that said permit was duly signed, sealed, and attested to for and on behalf of said Corporation by authority of its governing body.

(CORPORATE SEAL)

(Signature)

(Assistant) Secretary

This permit is issued subject to the conditions set out above.

U. S. DEPARTMENT OF AGRICULTURE

Forest Service

By (Signature)

name

title

agency level

2728.2 - Telephone and Telegraph

2728.21 - Telephone and Telegraph Lines. Install telephone and telegraph lines underground as discussed in 2726.4. An additional exception is where they can attach to previously installed support structures. Authorize installation of telephone lines on a previously authorized powerline by a separate authorization.

Maximize the use of designated rights-of-way. Holder may install more than one development within an authorized area without assessment of additional fees. If additional right-of-way is needed, assess the Holder for the additional use area, which will be added to the original authorization. Treat the application for the use of the right-of-way by others as a separate use. Ensure the right-of-way development complies with FSM 2527.04c.

2729 - WATER . The Forest Service is concerned with the potability of water on National Forest System lands used for domestic and public use purposes (FSM 7422, Special Use and Other Permitted Potable Water Systems). Forests will:

1. Advise Holders and new applicants of hazards involved and of any mandatory testing requirements.

2. Apply the NEPA process to all potable water use applications.

3. Do not issue special use authorizations for known unsuitable sources of water.

4. Be conversant with and advise Holders of matters governing use of the National Forests for water supplies, including applicable laws and regulations. Require applicant to obtain any permit required by the State and/or local laws and regulations before issuing a special use authorization.

2729.1 - Water Transmission . Maximize the use of designated rights-of-ways. Holder may install more than one development within an authorized area without being assessed additional fees. If additional right-of-way is needed, assess the Holder for the additional area and add to the original authorization. Treat application for the use of the right-of-way by others as a separate use. Ensure that right-of-way development complies with FSM 2527.04c.

2729.24 - Reservoir . This designation includes lands covered by permanent pool as well as lands subject to periodic flooding, where no part of any structure is located on the authorized area.

2729.31 - Well, Spring, Windmill. Prior to the issuance of an authorization, the applicant will submit documentation that the proposed use is in compliance with State and/or local laws. Do not issue authorizations for known unsuitable sources of water unless the applicant takes appropriate actions to meet Federal, State and local water quality standards.

2729.35 - Water Storage Tank. Use this designation for water storage developments. Include pump stations as part of the pipeline facilities. Include support facilities, such as parking areas, in the same document as the one authorizing the main facility.

2729.51 - Water Treatment Plant. This designation is for all water treatment facilities. Include support facilities in the same document authorizing the main facility.