2709.12,40-41 Page 1 of 30 FOREST SERVICE HANDBOOK WASHINGTON FSH 2709.12 - ROAD RIGHTS-OF-WAY GRANTS HANDBOOK Amendment No. 2709.12-94-5 Effective September 19, 1994 POSTING NOTICE. Amendments are numbered consecutively by Handbook number and calendar year. Post by document name. Remove entire document and replace with this amendment. Retain this transmittal as the first page of this document. The last amendment to this Handbook was Amendment 2709.12-94-4 to 2709.12,40 Contents. Superseded New Document Name (Number of Pages) 40--1 thru 46.32 49 - 2709.12,40-41 - 28 Digest: 41.13 - Makes minor revisions to clarify direction in this section on Right-of-Way Reservations. 41.21 - Clarifies direction in this section on Road-Use Permits and includes the use of a road-use permit with a cooperator in a Road Right-of-Way Construction and Use Agreement. 41.22 - Moves footnotes in exhibit 01 to the end of the Forest Road Special-Use Permit (Form FS-2700-4b). 41.23 - Makes minor revisions to clarify direction in this section on Private Road Special-Use Permits (Form FS-2700-4c) and moves the footnote in exhibit 01 to the end of the permit. 41.24 - Makes minor revisions to clarify direction in this section on Temporary Road Permits to Cooperators Cost Share Agreement Areas. Adds the authority to grant permits in the first paragraph of exhibit 01 (Form FS-2700-4d, Cost Share Agreement Temporary Road Permit) and changes the authority to approve the use of chemicals from the Regional Forester to the Forest Supervisor in item 11. JACK WARD THOMAS Chief FSH 2709.12 - ROAD RIGHTS-OF-WAY GRANTS HANDBOOK WO AMENDMENT 2709.12-94-5 EFFECTIVE 9/19/94 CHAPTER 40 - FEDERAL LAND POLICY AND MANAGEMENT ACT AUTHORIZATIONS 41 - TYPES OF SPECIAL-USE AUTHORIZATIONS. Authorizations issued under the authority of the Federal Land Policy and Management Act (FLPMA) may be in the form of easements, permits, reservations, or licenses. The term of the grant and its renewability, when applicable, must appear in the authorization. This chapter discusses the types of authorizations and the criteria for determining the appropriate types of authorization to be issued. The language in the rights-of-way documents provides the authority to use the facility constructed on the right-of-way and outlines the operation and maintenance provisions that apply for the life of the authorization. The right-of-way does not include any specifications or requirements that apply only to the construction or reconstruction of the facility. Construction specifications are part of a separate document identified as construction stipulations. This allows the use of a simple uniform document for the granting of the right to use the facility. In the case of an easement, this eliminates the need to record many pages of plans and specifications as part of the recorded document. Limit all authorizations issued under FLPMA to a reasonable time and specify whether the authorization is or is not renewable. Modify the clauses in the easement forms regarding the term and fee to fit the individual use and situation. Suggested alternate wordings appear in sections 43 and 45 for typical situations. 41.1 - Federal Land Policy and Management Act Road Easement. Grant these Federal Land Policy and Management Act (FLPMA) easements, when requested, to landowners who are entitled to access, but the landowners are not cooperators, as defined in section 05. Use this easement form when the applicant qualifies for a Forest Road and Trail Act easement but wants to pay its proportionate share of the road construction costs for commercial hauling or commercial use on an as-hauled basis instead of a single initial payment. An easement also may authorize road construction required in conjunction with long-term uses on National Forest lands; such as construction and operation of a dam for a reclamation project, or a Federal Energy Regulatory Commission license. The term of the easements granted for access to a project is limited to the term of the project authorization. Do not use a FLPMA easement in a cost-share agreement area in which the applicant is the cooperator. If an easement request is for access to land planned for subdivision, issue the easement only to a county or township, an authorized road district, or an organization of all the lot owners served by a road. See FSM 2730.3 for direction on grants for subdivision access roads. Make grants to public road agencies under the Forest Road and Trail Act (FSM 2732). A FLPMA easement may be used to grant a reciprocal right-of-way when the applicant is not a cooperator, and to grant a long-term recordable interest in other situations where such an interest is appropriate. Grant only a permit, not an easement, when the applicant refuses to grant needed rights-of-way to the United States. 41.11 - Federal Land Policy and Management Act Forest Road Easement. This document is a long-term grant of a right to use a road that is part of the National Forest Development Road System. Use the format shown in exhibit 01. Do not use this easement to convey an interest to a public road agency or another Federal agency. 41.11 - Exhibit 01 FEDERAL LAND POLICY AND MANAGEMENT ACT FOREST ROAD EASEMENT THIS EASEMENT, dated this day of , 19 , from the United States of America, acting by and through the Forest Service, Department of Agriculture, hereinafter called Grantor, to a of the State of , hereinafter called Grantee. WITNESSETH: WHEREAS, Grantee has applied for a grant of an easement under the Act of October 21, 1976 (90 Stat. 2743; 43 U.S.C. 1761), for a road over certain lands or assignable easements owned by the United States in the County of , State of , and administered by the Forest Service, Department of Agriculture. NOW THEREFORE, Grantor, for and in consideration of the payment of an annual use fee paid by Grantee does hereby grant to Grantee, subject to existing easements and valid rights, a nonexclusive easement for use of a road, whether existing or as constructed or reconstructed, over and across the following described lands in the County of , State of : The location of the road is shown approximately on exhibit attached hereto. This grant is made subject to the following terms, provisions, and conditions applicable to Grantee, its permittees, contractors, assignees, and successors in interest. 41.11 - Exhibit 01--Continued A. Grantee shall comply with applicable Federal or State law and shall comply with State standards for public health and safety, environmental protection, and siting, construction, operation, and maintenance of or for rights-of-ways for similar purposes, if those standards are more stringent than applicable Federal standards. B. Except as hereinafter limited, Grantee shall have the right to use the road for the purposes set forth in clause D, subject to such traffic control regulations and rules as Grantor reasonably may impose upon or require of other users of the road without unreasonably reducing the rights herein granted. C. Upon the change of ownership of the Grantee's land served by this road, the rights granted under this easement can be transferred or assigned to the new owner upon written notification to Regional Forester. D. This easement shall continue for as long as needed for the purpose of management and harvesting of the natural resources on the Grantee's land served by this road 1/; Provided, That the Grantee shall make no use of the road for hauling forest products or other commercial use of the road until it pays or makes arrangements acceptable to the Grantor to pay its share of the road construction or reconstruction costs; and Provided further, that the Grantor shall review terms and conditions of this easement at the end of each 30-year period from the date of issuance, and may incorporate in the easement such new terms, conditions, and stipulations as existing or prospective conditions may warrant. These shall have the same force and effect as if included in the original grant. E. All construction or reconstruction of the road shall be in accordance with plans, specifications, and written stipulations approved by the Grantor prior to beginning such construction or reconstruction. F. The rights herein conveyed do not include the right to use the road for access to developments for short- or long-term residential purposes, unless and until the Grantor and the Grantee agree upon traffic control regulations, rules, and other provisions to accommodate such use of the road. G. Grantee shall pay the Grantor for its share of maintenance cost or perform maintenance, as determined by the Grantor. The maintenance obligation of the Grantee shall be proportionate to total use and commensurate with its use. Any maintenance performed by the Grantee shall be authorized by and shall conform with an approved maintenance plan. In the event the road requires maintenance, restoration, or reconstruction work to accommodate the Grantee's needs, the Grantor shall authorize the work required in the same manner as provided herein for maintenance or in clause E for reconstruction. The Grantee shall perform such work at its own expense. 1_/ See section 43 41.11 - Exhibit 01--Continued H. Grantee shall pay annually in advance a sum determined by the Forest Service to be the fair market value of the use authorized by this easement. The initial payment is set at $ for the remainder of the calendar year. Payments for each subsequent calendar year shall be the amount of $ 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 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. In addition to the annual payment, the permittee shall pay its proportionate share of road costs prior to using the road for commercial use. Failure of the Permittee to pay the annual payment, late charges, or other fees or charges shall cause the easement to terminate. Grantee shall pay an interest charge on any fee amount not paid by the payment due date. Interest shall be assessed using the most current rate prescribed by the United States Department of Treasury Financial Manual (TFM-6-8020). Interest shall accrue from the date the fee payment was due. In addition, certain processing and handling administrative costs may be assessed in the event the account becomes delinquent and added to the amounts due. A penalty of 6 percent per year shall be assessed on any fee amount overdue in excess of 90 days from the due date of the first billing. Payments will be credited on the date received by the designated collection officer or deposit location. If the due date(s) for any of the above payments or fee calculation statements fall on a nonworkday, the charges shall not apply until the close of business of the next workday. I. This easement shall terminate in the event an easement is granted subsequently by the United States to a public road agency for operation of this road as a public highway. J. Grantee shall pay the United States for all injury, loss, or damage, including fire suppression costs, in accordance with existing Federal and State laws. K. Grantee shall indemnify the United States for any and all injury, loss, or damage, including fire suppression costs the United States may suffer as a result of claims, demands, losses, or judgments caused by the Grantee's use or occupancy under this easement. This easement is granted subject to the following reservations by Grantor: 41.11 - Exhibit 01--Continued 1. The right to cross and recross the road at any place by any reasonable means and for any purpose in such manner as will not interfere unreasonably with Grantee's use of the road. 2. The right to relocate the road on which this use is authorized to the extent necessary to accommodate the management needs of the National Forests. 3. The right to use the road for all purposes deemed necessary or desirable by Grantor in connection with the protection, administration, management, and utilization of Grantor's lands or resources, now or hereafter owned or controlled. 4. The right alone to extend rights and privileges for use of the road and right-of-way to other Government departments and agencies, States, and local subdivisions thereof, and to other users including members of the public; Provided, That the Grantor shall control such use so as not to interfere unreasonably with use of the road by Grantee or to cause Grantee to bear a share of the cost of maintenance greater than is commensurate with the Grantee's use of the road. The grant of a right to use the road described in this easement does not create an obligation on the Forest Service of the United States to maintain the road in a usable condition. The Regional Forester may take action to suspend, revoke, or terminate this easement under the Rules of Practice Governing Formal Adjudicatory Administrative Proceedings Instituted by the Secretary Under Various Statutes in 7 CFR 1.130-1.151. An administrative proceeding is not required when the easement terminates on the occurrence of a fixed or agreed-upon condition, event, or time. IN WITNESS WHEREOF, the Grantor, by its (Deputy) Regional Forester, Forest Service, has executed this easement pursuant to the delegation of authority by the Secretary of Agriculture to the Assistant Secretary for Natural Resources and Conservation, the delegation of authority by the Assistant Secretary for Natural Resources and Conservation, to the Chief, Forest Service, 7 CFR 2.60, and the delegation of authority by the Chief, Forest Service, dated August 16, 1982, (47 FR 36465), on the day and year first above written. UNITED STATES OF AMERICA (Deputy) Regional Forester Forest Service Department of Agriculture (APPROPRIATE ACKNOWLEDGEMENT) 41.12 - Federal Land Policy and Management Act Private Road Easement. Use the format shown in exhibit 01 for a long-term grant of a right to use and occupy National Forest System lands for a road that is not part of the Forest Development Road System. The standard of the road constructed on the easement is entirely at the discretion of the grantee, except that the road must include all features needed to protect the National Forest land within and adjacent to the right-of-way. 41.12 - Exhibit 01 FEDERAL LAND POLICY AND MANAGEMENT ACT PRIVATE ROAD EASEMENT THIS EASEMENT, dated this day of , 19 , from the United States of America, acting by and through the Forest Service, Department of Agriculture, hereinafter called Grantor, to (a of the State of ), hereinafter called Grantee. WITNESSETH: WHEREAS, Grantee has applied for a grant of an easement under the Act of October 21, 1976 (90 Stat. 2743; 43 U.S.C. 1761), for a road over certain lands or assignable easements owned by the United States in the County of , State of , and administered by the Forest Service, Department of Agriculture. NOW THEREFORE, Grantor, for and in consideration of the payment of an annual use fee paid by Grantee does hereby grant to Grantee, subject to existing easements and valid rights, a nonexclusive easement for use of a road, along and across a strip of land, over and across the following described lands in the County of , State of : (The location of said easement is shown (approximately) on exhibit attached hereto.) 1/ (Said premises are more specifically described by a centerline description contained in exhibit attached hereto.) 1/ Said easement shall be feet on each side of the centerline with such additional width as required for accommodation and protection of cuts and fills. If the road is located substantially as described herein, the centerline of said road as constructed is hereby deemed accepted by Grantor and Grantee as the true centerline of the easement granted. 1/ Omit the word or phrase in parentheses if not applicable. 41.12 - Exhibit 01--Continued This grant is made subject to the following terms, provisions, and conditions applicable to Grantee, its permittees, contractors, assignees, and successors in interest. A. Grantee shall comply with applicable Federal or State law and shall comply with State standards for public health and safety, environmental protection, and siting, construction, operation, and maintenance of or for rights-of-way for similar purposes, if those standards are more stringent than applicable Federal standards. B. The rights herein conveyed do not include the right to use the road for access to developments for short- or long-term residential purposes, unless and until the Grantor and the Grantee agree upon traffic control regulations, rules, and other provisions to accommodate such use of the road. C. Upon change in ownership of the land or facility served by this road, the rights granted under this easement may be transferred to the new owner upon written notification to the Regional Forester. D. This easement shall continue for as long as needed for the management and harvesting of the natural resources on the Grantee's land served by this road 2/; Provided, That the Grantor shall review the terms and conditions of this easement at the end of each 30-year period from the date of issuance, and may incorporate in the easement such new terms, conditions, and stipulations as existing or prospective conditions may warrant. These shall have the same force and effect in the future as if incorporated in this grant. E. All construction or reconstruction of the road shall be in accordance with plans, specifications, and written stipulations approved by the Grantor prior to beginning such construction or reconstruction. F. Grantee shall have the right to cut timber upon the easement area to the extent necessary for maintaining the road. Timber so cut shall, unless otherwise agreed to, be cut into standard log lengths or other products as specified by the authorized officer and decked along the road for disposal by the owner of such timber. G. The Grantee shall maintain the right-of-way clearing by means of chemicals only after the Grantor has given specific written approval. Application for such approval must be in writing and must specify the time, method, chemicals, and the exact portion of the right-of-way to be chemically treated. 2/ See section 43. 41.12 - Exhibit 01--Continued H. The Grantee shall provide maintenance so that there is no damage on adjacent National Forest land. The Grantee shall construct and maintain lead-off drainage and water barriers as necessary to prevent erosion. I. Grantee shall pay annually in advance a sum determined by the Forest Service to be the fair market value of the use authorized by this easement. The initial payment is set at $ for the remainder of the calendar year. Payments for each subsequent calendar year shall be the amount of $ 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 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. Failure of the Permittee to pay the annual payment, late charges, or other fees or charges shall cause the permit to terminate. Grantee shall pay an interest charge on any fee amount not paid by the payment due date. Interest shall be assessed using the most current rate prescribed by the United States Department of Treasury Financial Manual (TFM-6-8020). Interest shall accrue from the date the fee payment was due. In addition, certain processing and handling administrative costs may be assessed in the event the account becomes delinquent and added to the amounts due. A penalty of 6 percent per year shall be assessed on any fee amount overdue in excess of 90 days from the due date of the first billing. Payments will be credited on the date received by the designated collection officer or deposit location. If the due date(s) for any of the above payments or fee calculation statements fall on a nonworkday, the charges shall not apply until the close of business of the next workday. J. This easement shall terminate in the event an easement is granted subsequently by the United States to a public road agency for operation of this road as a public highway. K. Grantee shall pay the United States for all injury, loss, or damage, including fire suppression costs, in accordance with existing Federal and State laws. L. Grantee shall indemnify the United States for any and all injury, loss, or damage, including fire suppression costs the United States may suffer as a result of claims, demands, losses, or judgments caused by the Grantee's use or occupancy under this easement. 41.12 - Exhibit 01--Continued M. Upon termination of this easement, the Grantee shall remove within a reasonable time the structures and improvements and shall restore the site to a condition satisfactory to the Grantor, unless otherwise waived in writing. If the Grantee fails to remove the structures or improvements within a reasonable period, as determined by the Grantor, the Grantor may remove and dispose of any improvements and restore the area and all costs shall be paid by the Grantee. If the Grantor waives the removal of the improvements and restoration of the site, all improvements shall become the property of the United States. The foregoing notwithstanding, this easement is granted subject to the following reservations by Grantor, for itself, its permittees, contractors, and assignees: 1. The right to cross and recross the road at any place by any reasonable means and for any purpose in such manner as will not interfere unreasonably with Grantee's use of the road. 2. The right to all timber now or hereafter growing on the right-of-way, subject to Grantee's right to cut such timber as herein provided. 3. The right alone to extend rights and privileges for use of the road constructed on the premises to other users, provided that nonfederal users shall bear a fair share of the current replacement cost less depreciation of the road and shall reconstruct the road as necessary to accommodate their use. 4. The Grantor reserves the right to use or authorize the use of the road by other Federal agencies, without cost other than the performance or payment, as it may elect, for its proportionate share of maintenance costs. 5. The Grantor retains the right to occupy and use the right-of-way, and to issue or grant rights-of-way for other land uses, for other than road purposes, upon, over, under, and through the easement area provided that the occupancy and use do not interfere unreasonably with the rights granted herein. 6. The right to terminate this easement if the Grantor assumes jurisdiction and control of the road as a Forest Development Road and issues a replacement easement providing only for use of the road. The replacement easement shall be in the current standard format, which provides the Grantee the right to use the road for the purposes and for the period authorized by this easement, subject to such traffic control regulations and rules as Grantor may impose reasonably upon or require of other users of the road without unreasonably reducing the rights herein granted. 41.12 - Exhibit 01--Continued The Grantor may take action to suspend, revoke, or terminate this easement under the Rules of Practice Governing Formal Adjudicatory Administrative Proceedings Instituted by the Secretary Under Various Statutes in 7 CFR 1.130-1.151. An administrative proceeding is not required when the easement terminates on the occurrence of a fixed or agreed-upon condition, event, or time. IN WITNESS WHEREOF, the Grantor, by its (Deputy) Regional Forester, Forest Service, has executed this easement pursuant to the delegation of authority by the Secretary of Agriculture to the Assistant Secretary for Natural Resources and Conservation, the delegation of authority by the Assistant Secretary for Natural Resources and Conservation, to the Chief, Forest Service, 7 CFR 2.60, and the delegation of authority by the Chief, Forest Service, dated August 16, 1982, (47 FR 36465), on the day and year first above written. UNITED STATES OF AMERICA (Deputy) Regional Forester Forest Service Department of Agriculture (APPROPRIATE ACKNOWLEDGEMENT) 41.13 - Right-of-Way Reservations. A reservation is the equivalent of an easement grant to a Federal agency, but differs from an easement because the ownership of the rights remains with the United States and only the jurisdiction of certain interests in the land is transferred between agencies. The right-of-way is reserved for the use of an agency and the right of use cannot be terminated or otherwise limited before the term of the reservation expires without the consent of the benefitting agency. The Forest Service may use a reservation also to reserve a right- of-way for a road through mineralized areas. The reservation appropriates the right-of-way for use by the Forest Service and preserves a right-of-way if subsequently the land is patented. Do not grant a reservation to another agency on a road that is part of the Forest Development Road (FDR) system or for any road that is expected to be needed as part of the system. The road built on a reservation is under the jurisdiction of the agency building the road. Use of the road by the Forest Service is subject to the approval of the agency having jurisdiction of the road. If there is a frequent need to grant rights-of-way to other agencies, develop an interagency agreement in order to expedite the process and to clarify the responsibilities of the agencies. The Forest Service has an interagency agreement with the Bureau of Land Management (BLM) at the national level regarding right- of-way reservations (FSM 5465.1). The BLM agreement provides for the use of a modified reservation form. Use either a Road Use Permit (Form FS-7700-41, FSM 7730) or a Federal Land Policy and Management Act, Forest Road Special-Use Permit (Form FS-2700-4b, sec. 41.22) if the road is needed by the Forest Service and is to remain under the jurisdiction of the Forest Service. Use the format in exhibit 01 for reservations for other agencies. 41.13 - Exhibit 01 FEDERAL AGENCY RIGHT-OF-WAY RESERVATION In accordance with Section 507 of the Federal Land Policy and Management Act of 1976 (90 Stat. 2781, 43 U.S.C. 1767) the Secretary of Agriculture, acting by and through the Forest Service, U.S. Department of Agriculture, does hereby issue and reserve to the , hereinafter called the Agency, a right-of-way to locate, construct, use, maintain, improve, and repair a road over and across the following described real property situated in the County of , State of , to wit: The parcel of land to which the above description applies contains acres, more or less. A plat showing the right-of-way described above is attached hereto as Exhibit A and made a part hereof. The right-of-way herein granted and reserved is for the use of the above described property for the construction and maintenance of a road by the , its licensees, permittees, agents, and contractors subject to the following terms and conditions: 1. The road constructed under the provisions of this right- of-way shall be under the control and jurisdiction of the Agency, Provided, That the Forest Service, its licensees, permittees, agents and contractors, may use the road for all purposes deemed necessary or desirable in connection with the protection, utilization, and administration of the lands or resources of the National Forests, without cost other than the performance or payment, as it may elect, for its proportionate share of maintenance costs. 2. The Agency shall provide maintenance so that there is no damage on adjacent National Forest System land. The Agency shall construct and maintain lead-off drainage and water barriers as necessary to prevent erosion. 3. Any forest products or other resources on lands within the right-of-way shall remain under the jurisdiction of the Forest Service and may be severed or extracted and disposed of only in accordance with applicable laws and regulations of the Secretary of Agriculture. The extraction, severance, and disposal of any such resources shall be subject to such stipulations, if any, that the agencies agree are necessary to avoid unreasonable interference with the use of the road. 41.13 - Exhibit 01--Continued 4. The Forest Service retains the right to occupy and use the right-of-way and to issue or grant rights-of-way or other land uses including for road purposes, upon, over, under, and through the lands, provided that the occupancy and use do not interfere unreasonably with the rights herein reserved to . 5. This reservation shall remain in effect (unless terminated by mutual agreement of the agencies.)(for a term commencing on the date shown below and continuing until , 19 .) 1/ Dated this day of , 19 . Regional Forester Forest Service U.S. Department of Agriculture 1/ Omit the word(s) in parenthesis if not applicable. 41.2 - Federal Land Policy and Management Act Permits. Several different types of permits may be issued under this authority. The appropriate permit depends on the current or ultimate control and jurisdiction of the road. 41.21 - Road Use Permits. This permit authorizes uses prohibited by an order on an existing Forest Development Road. Direction on issuing this type of permit is in FSM 7730. Use Form FS-7700-41, Road Use Permit, in order to authorize the following: 1. Commercial use of a road closed under Title 36, Code of Federal Regulations, section 261.54 (36 CFR 261.54) to commercial use without a permit. 2. Maintenance, improvement, or reconstruction of a system road to meet the needs of the applicant, including snow removal where applicable. 3. Hauling of loads in excess of normal highway loadings when such use meets the criteria in FSM 7730. 4. Uses to which the road otherwise is closed by an order under 36 CFR 261.54. 5. Use of an existing road within a Road Right-of-Way Construction and Use Agreement (FSH 5409.17, ch. 60) by a cooperator who requests a permit in lieu of an easement. A road-use permit may also be used to authorize use of a Forest Development Road by other Federal agencies when there has been no interagency agreement and such use is on a temporary or intermittent basis. 41.22 - Forest Road Special-Use Permits. Use this permit (Form FS-2700-4b) to authorize construction and use of a road that is on the general routing of a planned Forest Development Road or is a road that will substitute for a planned system road. This permit may also be used where the applicant wants to bear the share of road construction costs on an as hauled basis instead of a single initial payment. Form FS-2700-4b, Forest Road Special-Use Permit, is shown in exhibit 01. 41.22 - Exhibit 01 FS-2700-4b (01/93) OMB No. 0596-0082 (Expires: 06-30-96) U. S. DEPARTMENT OF AGRICULTURE Holder No. Issue Date Expir. Date Forest Service - / / / / Type Site Authority Auth. Type FOREST ROAD 7 5 3 6 7 6 2 0 SPECIAL-USE PERMIT Act of October 21, 1976 Region/Forest/Disttrict State/County (PL 94-579); 36 CFR 251.50 / / / et seq. Cong. Dist. Latitude Longitude - - - - (Name) of (Address) (hereafter called the Permittee) is hereby authorized to (construct and)1/ use the following described National Forest Development Road within the National Forest for the following purposes: The road covered by this permit is located in the County of , State of , and is shown on the attached map and identified as follows: (give road name and terminus and legal description of lands crossed). This permit authorizes use of approximately miles of road. This permit is made subject to the following terms, provisions, and conditions: 1. This permit is subject to all existing easements and valid rights existing on this date. 2. Permittee shall comply with applicable Federal or State law and shall comply with State standards for public health and safety, environmental protection, and siting construction, operation, and maintenance if those standards are more stringent than applicable Federal standards. 3. The Permittee shall cut no timber except as authorized by construction stipulations or maintenance agreements. 4. Permittee shall pay the United States for all injury, loss, or damage, including fire suppression costs, in accordance with Federal and State laws and regulations. 5. Permittee shall indemnify the United States for any and all injury, loss, or damage, including fire suppression costs the United States may suffer as a result of claims, demands, losses, or judgments caused by the Permittee's use or occupancy under this permit. 41.22 - Exhibit 01--Continued 6. Permittee shall pay annually in advance a sum determined by the Forest Service to be the fair market value of the use authorized by this permit. The initial payment is set at $ for the remainder of the calendar year. Payments for each subsequent calendar year shall be the amount of $ 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 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. In addition to the annual payment, the permittee shall pay its proportionate share of road costs prior to using the road for commercial use. Failure of the Permittee to pay the annual payment, late charges, or other fees or charges shall cause the permit to terminate. 7. The Permittee shall pay an interest charge on any fee amount not paid by the payment due date. Interest shall be assessed using the most current rate prescribed by the United States Department of Treasury Financial Manual (TFM-6-8020). Interest shall accrue from the date the fee payment was due. In addition, certain processing and handling administrative costs may be assessed in the event the account becomes delinquent and added to the amounts due. A penalty of 6 percent per year shall be assessed on any fee amount overdue in excess of 90 days from the due date of the first billing. Payments will be credited on the date received by the designated collection officer or deposit location. If the due date(s) for any of the above payments or fee calculation statements fall on a nonworkday, the charges shall not apply until the close of business of the next workday. 8. Permittee shall pay the Forest Service for its share of maintenance cost or perform maintenance, as determined by the Forest Service for all commercial use of the road. The maintenance obligation of the Permittee shall be proportionate to total use and commensurate with its use. Any maintenance to be performed by the Permittee shall be authorized by and shall be performed in accordance with an approved maintenance plan. In the event the road requires maintenance, restoration, or reconstruction work to accommodate the Permittee's needs, the Forest Service shall authorize the work required in the same manner as provided herein for maintenance or in clause 10 for reconstruction. The Permittee shall perform such work at its own expense. 41.22 - Exhibit 01--Continued 9. The exercise of the use permitted shall be subordinate to any easement on said road subsequently granted by the United States to a public road agency for operation as a public highway. 10. Any construction or reconstruction of the road shall be in accordance with plans, specifications, and written stipulations approved by the Forest Service prior to beginning such construction or reconstruction. 11. The United States shall have unrestricted use of the road and right-of-way for all purposes deemed necessary or desirable in connection with the protection, administration, management, and utilization of Federal lands or resources, and it shall have the right alone to extend rights and privileges for use of the right-of-way and road thereon to States and local subdivisions thereof and to other users including members of the public, except users of land or resources owned or controlled by the Permittee. The Forest Service shall control such use to avoid unreasonable interference with use of the road by the Permittee. 12. The Forest Service may relocate the road to the extent necessary to accommodate the management needs of the National Forests. 13. This permit may be terminated or suspended upon breach of any of the conditions herein, or revoked at the discretion of the Regional Forester. 14. Unless sooner terminated in accordance with the provisions of the permit, or revoked by the Regional Forester, this permit shall expire and terminate on (Date) . The permit shall not be reissued.2/ In Witness Whereof, the parties hereto have caused this permit to be duly executed on this day of , 19 . Permittee USDA - Forest Service by (Name) (Name) (Title) Forest Supervisor (Company) National Forest 1/ Omit if construction is not anticipated. 2/ See section 43. 41.22 - Exhibit 01--Continued Public reporting burden for this collection of information, if requested, is estimated to average 1 hour per response for annual financial information; average 1 hour per response to prepare or update operation and/or maintenance plan; average 1 hour per response for inspection reports; and an average of 1 hour for each request that may include such things as reports, logs, facility and user information, sublease information, and other similar miscellaneous information requests. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Agriculture, Clearance Officer, OIRM, AG Box 7630, Washington D.C. 20250; and to the Office of Management and Budget, Paperwork Reduction Project (OMB # 0596-0082), Washington, D.C. 20503. 41.23 - Private Road Special-Use Permits. Issue permits (Form FS-2700-4c, Private Road Special-Use Permit, ex. 01) for minor roads not on the Forest Development Road system for short-term use to remove forest products or other resources from non-Federal land. This authorization also authorizes nonsystem road construction for access to mining claims and mineral lease areas and for other temporary or short-term roads constructed in connection with other uses of National Forest System land. 41.23 - Exhibit 01 FS-2700-4c (1/93) OMB No. 0596-0082 (Expires: 06-30-96) U. S. DEPARTMENT OF AGRICULTURE Holder No. Issue Date Expir. Date Forest Service - / / / / Type Site Authority Auth. Type FOREST ROAD 7 5 3 6 7 6 2 0 SPECIAL-USE PERMIT Act of October 21, 1976 Region/Forest/District State/County (PL 94-579); 36 CFR 251.50 / / / et seq. Cong. Dist. Latitude Longitude - - - - (Name) of (Address) (hereafter called the Permittee) is hereby authorized to use National Forest System lands for the construction, reconstruction, maintenance, and use of a road within the National Forest for the following purposes:_______________ __________________________________________________________ __________________________________________________________. The lands covered by this permit are located in the County of , State of and are described as follows: (include short legal descriptions here). This permit covers a right-of-way miles in length, feet in width, containing approximately acres, and is located upon the ground according to the survey line, figures, measurements, widths, and other references shown on the map or plat attached hereto and made a part hereof. This permit is made subject to the following terms, provisions, and conditions: 1. This permit is subject to all existing easements and valid rights existing on this date. 2. The Permittee in exercising the privileges granted by this permit shall comply with all applicable State and Federal laws, Executive Orders, and Federal rules and regulations, and shall comply with all State standards for public health and safety, environmental protection, and siting construction, operation, maintenance of or for rights-of-way for similar purposes if those standards are more stringent than applicable Federal standards. 3. The Permittee shall cut no timber except as authorized by construction stipulations or maintenance agreements. 41.23 - Exhibit 01--Continued 4. The Permittee shall provide maintenance so that no damage occurs on adjacent National Forest System land. The Permittee shall construct and maintain lead-off drainage and water barriers as necessary to prevent erosion. 5. Permittee shall pay the United States for all injury, loss, or damage, including fire suppression costs, in accordance with Federal and State laws. 6. Permittee shall indemnify the United States for any and all injury, loss, or damage, including fire suppression costs the United States may suffer as a result of claims, demands, losses, or judgments caused by the Permittee's use or occupancy under this permit. 7. Permittee shall pay annually in advance a sum determined by the Forest Service to be the fair market value of the use authorized by this permit. The initial payment is set at $ for the remainder of the calendar year. Payments for each subsequent calendar year shall be the amount of $ 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 fairmarket value of the use. 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. Failure of the Permittee to pay the annual payment, late charges, or other fees or charges shall cause the permit to terminate. 8. The Permittee shall pay an interest charge on any fee amount not paid by the payment due date. Interest shall be assessed using the most current rate prescribed by the United States Department of Treasury Financial Manual (TFM-6-8020). Interest shall accrue from the date the fee payment was due. In addition, certain processing and handling administrative costs may be assessed in the event the account becomes delinquent and added to the amounts due. A penalty of 6 percent per year shall be assessed on any fee amount overdue in excess of 90 days from the due date of the first billing. Payments will be credited on the date received by the designated collection officer or deposit location. If the due date(s) for any of the above payments or fee calculation statements fall on a nonworkday, the charges shall not apply until the close of business of the next workday. 41.23 - Exhibit 01--Continued 9. All construction or reconstruction of the road shall be in accordance with plans, specifications, and written stipulations approved by the Forest Service prior to beginning such construction or reconstruction. 10. The Permittee shall repair fully all damage to National Forest roads and trails caused by the exercise of the privileges granted by this permit. 11. The United States may use the roads without cost for all purposes deemed necessary or desirable in connection with the protection and administration of the lands or resources of the United States, provided that it will use the road for commercial hauling purposes, other than the removal of timber cut in construction or maintenance of the road or other occasional incidental use, only after arranging to pay or perform its pro rata share of road maintenance. 12. The Forest Service alone may extend rights and privileges for use of the road constructed on the premises to other non-Federal users provided that such users shall pay a fair share of the current replacement cost less depreciation of the road to the permittee, and reconstruct the road as necessary to accommodate their use. 13. The Forest Service retains the right to occupy and use the right-of-way and to issue or grant rights-of-way for land uses, for other than road purposes, upon, over, under, and through the permit area provided that the occupancy and use do not interfere unreasonably with the rights granted herein. 14. The Forest Service shall have the right to cross and recross the premises and road at any place by any reasonable means and for any purpose in such manner as does not interfere unreasonably with use of the road. 15. The Permittee shall maintain the right-of-way clearing by means of chemicals only after the Forest Supervisor has given specific written approval. Application for such approval must be in writing and must specify the time, method, chemicals, and the exact portion of the right-of-way to be chemically treated. 16. Unless sooner terminated in accordance with the provisions of the permit, or revoked by the Regional Forester, this permit shall expire and terminate on (Date) . The permit shall not be reissued.1/ 17. This permit may be terminated or suspended upon breach of any of the conditions herein, or revoked at the discretion of the Regional Forester. 1/ See section 43. 41.23 - Exhibit 01--Continued 18. Upon termination or revocation of this special-use authorization, the Permittee shall remove within a reasonable time the structures and improvements and shall restore the site to a condition satisfactory to the authorized officer, unless otherwise waived in writing or in the authorization. If the Permittee fails to remove the structures or improvements within a reasonable period, as determined by the authorized officer, they shall become the property of the United States, but this does not relieve the Permittee from liability for the removal and site restoration costs. In Witness Whereof, the parties hereto have caused this permit to be duly executed on this day of , 19 . Permittee USDA - Forest Service by (Name) (Name) (Title) Forest Supervisor (Company) National Forest Public reporting burden for this collection of information, if requested, is estimated to average 1 hour per response for annual financial information; average 1 hour per response to prepare or update operation and/or maintenance plan; average 1 hour per response for inspection reports; and an average of 1 hour for each request that may include such things as reports, logs, facility and user information, sublease information, and other similar miscellaneous information requests. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Agriculture, Clearance Officer, OIRM, AG Box 7630, Washington D.C. 20250; and to the Office of Management and Budget, Paperwork Reduction Project (OMB # 0596-0082), Washington, D.C. 20503. 41.24 - Temporary Road Permits to Cooperators in Cost Share Agreement Areas. Use the Cost Share Agreement Temporary Road Permit, Form FS-2700-4d (ex. 01) for non-cost share roads in agreement areas when the applicant meets the first three, but not the fourth, qualifications for issuance of a Forest Road and Trail Act non-cost share easement set forth in section 32.1. Do not grant this permit when the United States has a need to use the road but the applicant and the Government have not agreed upon the shares. If there is no agreement, issue a Federal Land Policy and Management Act forest road special-use permit (sec. 41.22). 41.24 - Exhibit 01 (Note: This exhibit becomes an attachment to the Road Right-of- Way Construction and Use Agreement as Exhibit H.) FS-2700-4d (07/93) OMB No. 0596-0082 (Expires: 06/30/96) U. S. DEPARTMENT OF AGRICULTURE Holder No. Issue Date Expir. Date Forest Service - / / / / Type Site Authority Auth. Type 7 5 1 7 2 0 COST SHARE AGREEMENT TEMPORARY ROAD PERMIT National Fores Roads and Trails Act of October 13, 1964 Region/Forest/District State/County (78 Stat.1089; 16 U.S.C.532-538) / / / Cong. Dist. Latitude Longitude - - - - (Name) of (Address) (hereafter called the Permittee) is hereby authorized in accordance with the Act of October 13, 1964 (78 Stat. 1089; 16 U.S.C. 532-538), to use National Forest System lands for the construction, reconstruction, maintenance, and use of a road within the National Forest for the protection, administration, management, and utilization of lands and the resources thereof now or hereafter owned or controlled by the permittee. The lands covered by this permit are located in the County of , State of and are described as follows: (Include short legal descriptions here; for long legal descriptions use: "See Exhibit A, attached hereto"). This permit covers a right-of-way miles in length, feet in width, containing approximately acres, and is located upon the ground according to the survey line, figures, measurements, widths, and other references shown on the plat attached hereto and made a part hereof. This permit is made subject to the following terms, provisions, and conditions: 1. This permit is subject to all valid rights existing on this date. 2. The Permittee, in exercising the privileges granted by this permit, shall comply with all applicable State and Federal laws, Executive Orders, and Federal rules and regulations. 41.24 - Exhibit 01--Continued 3. The Permittee shall cut only such timber as necessary in clearing for road construction, reconstruction, and maintenance. Timber so cut shall, unless otherwise agreed to, be cut into logs of lengths specified by the Forest Service and decked along the road for disposal by the Forest Service. 4. The Permittee shall do everything reasonably within its power to prevent forest fires and shall not dispose of material by burning in open fires during the closed season established by law or regulation without a written permit from the Forest Service. 5. The Permittee shall repair fully all damage to National Forest roads and trails caused by the Permittee in exercise of the privileges granted by this permit. 6. 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. 7. In consideration for this use, the Permittee has granted reciprocal rights-of-way to the United States. 8. Construction of the road shall be in accordance with the specifications set forth in exhibit , attached hereto. 9. The Permittee shall provide maintenance so that the road will be in a condition equal to that normally prevailing on roads of like standard, and unless otherwise agreed to, shall construct leadoff drainage and water barriers to prevent erosion on the road as directed by the Forest Service. 10. Use of roads constructed under authority of this permit shall be subject to control by the Permittee, except that the roads shall at all times be open to use by Forest Service employees on official business. 11. The Permittee shall maintain the right-of-way clearing by means of chemicals only after the Forest Supervisor has given specific written approval. Application for such approval must be in writing and must specify the time, method, chemicals and the exact portion of the right-of-way to be chemically treated. 12. In the event the road constructed on the right-of-way herein is included in a subsequent cooperative agreement for joint construction, the Government shall treat the Permittee's construction costs as incurred under the agreement. In this event, the Government shall replace this permit with an easement as provided by regulations of the Secretary of Agriculture (36 CFR 212.10c). 41.24 - Exhibit 01--Continued 13. This permit may be terminated or suspended upon breach of any of the conditions herein or at the discretion of the Regional Forester or the Chief, Forest Service. 14. Unless sooner terminated in accordance with the provisions of the permit, or revoked by the Regional Forester, this permit shall expire and become void on (Date) . In Witness Whereof, the parties hereto have caused this permit to be duly executed on this day of ,19 . Permittee USDA - Forest Service by (Name) (Name) (Title Forest Supervisor (Company) National Forest Public reporting burden for this collection of information, if requested, is estimated to average 1 hour per response for annual financial information; average 1 hour per response to prepare or update operation and/or maintenance plan; average 1 hour per response for inspection reports; and an average of 1 hour for each request that may include such things as reports, logs, facility and user information, sublease information, and other similar miscellaneous information requests. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Agriculture, Clearance Officer, OIRM, AG Box 7630, Washington D.C. 20250; and to the Office of Management and Budget, Paperwork Reduction Project (OMB # 0596-0082), Washington, D.C. 20503. 41.25 - Licenses. Licenses are a form of permit issued as provided in an interagency agreement for the temporary use of National Forest System land or facilities. See the Bureau of Land Management - Forest Service agreement in FSM 5465.1 for the format of the license.