FS-2700-4j Powerline Facility Permit for Non-Federal Entities

Authorization ID: #AUTH_ID#
Contact ID: #HOLDER_ID#
Expiration Date: #EXPIRATION_DATE#
Use Code: #USE_CODE#

FS-2700-4j (XX/202X)
OMB No. 0596-0082

U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
POWERLINE FACILITY PERMIT FOR NON-FEDERAL ENTITIES
AUTHORITY:
Title V of the Federal Land Policy and Management Act,
43 U.S.C. 1761-1772

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This powerline facility permit for the [capacity and name of powerline facility or facilities] (the permit),
dated ______, is issued by the United States Department of Agriculture, Forest Service (the Forest
Service), to [name of entity] (the holder).
This permit gives the holder, subject to existing rights-of-way and other valid existing rights, a nonexclusive linear right-of-way or rights-of-way for one or more powerline facilities in the [name of] National
Forest(s) and/or Grassland(s) covering #USE_ACRES# acres or #USE_MILES# miles. The linear rightof-way, access roads and trails, and any hazard trees outside the linear right-of-way for each powerline
facility authorized by this permit shall be referred to collectively as “the permit area.” The length, width,
and acreage; a legal description; and a map of the permit area and applicable minimum vegetation
clearance distance (MVCD) for each powerline facility authorized by this permit are contained in Appendix
B, and the access roads and trails for each powerline facility authorized by this permit are listed or
identified on the map in Appendix C. The powerline facility or facilities authorized by this permit shall be
referred to collectively as “the powerline facilities.”
In addition, this permit gives the holder:

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1. The right of ingress to and egress from the linear rights-of-way for the powerline facilities along
access roads and trails, listed in Appendix C, and the right to construct, reconstruct, and maintain access
roads and trails, in accordance with the following provisions:
(a) All drawings for development, layout, construction, reconstruction, or alteration of access roads and
trails, as well as revisions to those drawings, must be prepared by a professional engineer (PE) or other
qualified professional acceptable to the authorized officer. These drawings and drawing revisions must
have written approval from the authorized officer before they are implemented. The authorized officer
may require the holder to furnish as-built drawings, maps, or surveys upon completion of the work.
(b) The Forest Service does not have an obligation to maintain access roads and trails.
(c) The rights granted in paragraph 1 shall be subordinate to any right to use an access road or trail
subsequently granted by the United States to a local public road authority for a public road, provided that
the holder shall continue to have access to that right-of-way to operate and maintain the powerline
facilities, manage vegetation, and address public safety related to the powerline facilities.

2. The right to install, maintain, and use gates and fences in the permit area with the prior written
approval of the authorized officer. All gates shall have reflective markings in accordance with Forest
Service Engineering Manual EM 7100-15.
The following appendices are attached to and incorporated into this permit:

I. GENERAL TERMS

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APPENDIX A: Definitions
APPENDIX B: Maps and Legal Description; Surveys, Plats, Site Plans, and Engineering Drawings of the
Permit Area; and MVCD for Each Powerline Facility
APPENDIX C: List or Map of Access Roads and Trails and National Forest System Roads
and National Forest System Trails Used by the Holder
APPENDIX D: Operating Plan or Agreement
APPENDIX E: List and Location of Ancillary Structures Other Than Roads, Towers, Poles, and Lines
APPENDIX F: Environmental Site Assessments

A. AUTHORITY. This permit is issued pursuant to Title V of the Federal Land Policy and Management
Act, 43 U.S.C. 1761-1772, and 36 CFR Part 251, Subpart B, as amended, and is subject to their
provisions.

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B. AUTHORIZED OFFICER. The authorized officer is the Regional Forester, the Forest or Grassland
Supervisor, a District Ranger, or the Station, Institute, or Area Director with delegated authority pursuant
to Forest Service Manual 2700.

C. TERM. This permit shall expire at midnight on #EXPIRATION_DATE#, the date the holder’s license
from the Federal Energy Regulatory Commission expires.

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C. TERM. This permit shall expire at midnight on #EXPIRATION_DATE#. Expiration of this permit shall
not require notice, a decision document, or any environmental analysis or other documentation.

D. CONTINUATION OF USE AND OCCUPANCY. This permit is not renewable. At least 2 years
before expiration of this permit, the holder may apply for a new permit for the use and occupancy
authorized by this permit. Issuance of a new permit is at the sole discretion of the authorized officer. At a
minimum, before issuing a new permit, the authorized officer shall ensure that (1) the use and occupancy
to be authorized by the new permit are consistent with the direction in the applicable land management
plan; (2) the type of use and occupancy to be authorized by the new permit is the same as the type of use
and occupancy authorized by this permit; and (3) the holder is in compliance with all the terms of this
permit. The authorized officer may prescribe new terms when a new permit is issued.
E. AMENDMENT. This permit may be amended in whole or in part by the Forest Service when, at the
discretion of the authorized officer, such action is deemed necessary or desirable to incorporate new
terms that may be required by law, regulation, directive, the applicable land management plan, or projects
and activities implementing the land management plan pursuant to 36 CFR Part 218. The authorized
officer shall review this permit every 10 years from the date of issuance and shall amend the permit in
whole or in part when deemed necessary or appropriate by the authorized officer to reflect changes in
applicable law, regulation, directive, the applicable land management plan, projects or activities
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implementing the plan, or other circumstances. This permit also may be amended at any time by written
agreement of the Forest Service and the holder. Any amendments to this permit must be in writing. If
amendments are deemed necessary to reflect changing laws, regulations, directives, and conditions, they
must be signed and dated by the authorized officer. If amendments are agreed to by the authorized
officer and the holder, they must be signed and dated by both parties.
F. COMPLIANCE WITH LAWS, REGULATIONS, AND OTHER LEGAL REQUIREMENTS. In
exercising the rights and privileges granted by this permit, the holder shall comply with all present and
future federal laws and regulations and all present and future state, county, and municipal laws,
regulations, and other legal requirements that apply to the permit area, to the extent they do not conflict
with federal law, regulation, or policy. The Forest Service assumes no responsibility for enforcing laws,
regulations, and other legal requirements that fall under the jurisdiction of other governmental entities.
G. RESERVATIONS. All rights not specifically and exclusively granted to the holder are reserved to the
Forest Service, including:

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1. The right of access to the permit area, including a continuing right of physical entry to the permit area
for inspection, monitoring, or any other purpose consistent with any right or obligation of the United States
under any law or regulation.

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2. The right to use, administer, and dispose of all natural resources and improvements other than the
powerline facilities, including the right to use roads and trails and authorize rights-of-way and other uses
in the permit area in any way that is not inconsistent with the holder's rights and privileges under this
permit, after consultation with all parties involved. Except for any restrictions that the holder and the
Forest Service agree are necessary to protect public health and safety, property, and the installation and
operation of the powerline facilities, the permit area shall remain open to the public for all lawful purposes.
H. ASSIGNABILITY. This permit is not assignable or transferable.
I. TRANSFER OF TITLE TO THE POWERLINE FACILITIES

1. Notification of Transfer. The holder shall notify the authorized officer when a transfer of title to all or
part of the powerline facilities is planned.

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2. Transfer of Title. Any transfer of title to the powerline facilities shall result in termination of the permit
upon issuance of a new permit to another party for the use and occupancy authorized by this permit. The
party who acquires title to the powerline facilities must submit an application for a permit. The Forest
Service is not obligated to issue a new permit to the party who acquires title to the powerline facilities.
The authorized officer shall determine that the applicant meets requirements under applicable federal
regulations.
J. CHANGE IN CONTROL OF THE BUSINESS ENTITY
1. Notification of Change in Control. The holder shall notify the authorized officer when a change in
control of the business entity that holds this permit is planned.
(a) In the case of a corporation, control is an interest, beneficial or otherwise, of sufficient outstanding
voting securities or capital of the business so as to permit the exercise of managerial authority over the
actions and operations of the corporation or election of a majority of the board of directors of the
corporation.
(b) In the case of a partnership, limited partnership, joint venture, or individual entrepreneurship, control
is a beneficial ownership of or interest in the entity or its capital so as to permit the exercise of managerial
authority over the actions and operations of the entity.
(c) In other circumstances, control is any arrangement under which a third party has the ability to
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exercise management authority over the actions or operations of the business.
2. Effect of Change in Control
(a) Except as provided in clause I.J.2(b), any change in control of the business entity as defined in clause
I.J.1 shall result in termination of this permit upon issuance of a new permit to another party for the use
and occupancy authorized by this permit. The party acquiring control must submit an application for a
special use permit. The Forest Service is not obligated to issue a new permit to the party who acquires
control. The authorized officer shall determine whether the applicant meets the requirements established
by applicable federal regulations.

II. IMPROVEMENTS

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(b) This permit shall not terminate when a change of control of the business entity occurs through a
merger or through the acquisition of stock or an ownership interest if the holder’s corporate structure and
operational management remain unchanged and the holder continues to have sufficient financial and
technical capability to meet its obligations under this permit. An appropriate official of the holder shall
submit documentation establishing that the holder’s corporate structure and operational management
remain unchanged and certifying that the holder continues to have sufficient management control over its
operations and financial and technical capability to comply with the terms and conditions of this permit.

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A. LIMITATIONS ON USE. Nothing in this permit gives or implies permission to build or maintain any
structure or facility or to conduct any activity unless specifically provided for in this permit. Any use not
specifically authorized by this permit must be proposed in accordance with 36 CFR 251.54 or 251.61.
Approval of such a proposed use through issuance of a new permit or permit amendment is at the sole
discretion of the authorized officer.
B. DRAWINGS. All drawings for development, layout, construction, reconstruction, or alteration of
improvements in the permit area, as well as revisions to those drawings, must be prepared by a PE,
architect, landscape architect, or other qualified professional acceptable to the authorized officer. These
drawings and drawing revisions must have written approval from the authorized officer before they are
implemented. The authorized officer may require the holder to furnish as-built drawings, maps, or
surveys upon completion of the work.

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C. RELOCATION. This permit is issued with the express understanding that should future location of
federally owned improvements or road rights-of-way require relocation of the powerline facilities, the
relocation will be conducted by and at the expense of the holder within a reasonable period specified by
the authorized officer.
III. OPERATIONS

A. OPERATING PLAN OR AGREEMENT
1. Preparation. The holder shall prepare an operating plan or agreement independently or in
consultation with the authorized officer or the authorized officer’s designated representative. The
operating plan or agreement shall be submitted by the holder and approved by the authorized officer or
the authorized officer’s designated representative prior to commencement of operations and shall be
attached to this permit as Appendix D. At least every 10 years from the approval date of the operating
plan or agreement in Appendix D, the holder shall review and, as necessary or appropriate, propose
updates to the operating plan or agreement to address changed conditions. Proposed updates to the
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operating plan or agreement that are deemed significant by the authorized officer shall be treated as
proposed modifications and shall be submitted by the holder for review and approval by the authorized
officer. Proposed updates that are deemed non-significant by the authorized officer may be made by
written agreement of the holder and the authorized officer.
2. Contents. The operating plan or agreement in Appendix D shall cover all operations authorized by
this permit. The operating plan or agreement shall outline steps the holder will take to protect public
health and safety and the environment and shall include sufficient detail and standards to enable the
Forest Service to monitor the holder’s operations for compliance with the terms of this permit. The
contents of the operating plan or agreement shall meet all the requirements enumerated in 36 CFR
251.56(h)(5) and Forest Service Handbook 2709.11, Chapter 80, section 84.
B. VEGETATION MANAGEMENT

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1. Vegetation Management Activities. The holder shall describe vegetation management activities as
part of the operating plan or agreement in Appendix D. The description of vegetation management
activities shall specify best management practices for felling, pruning, and destruction of trees, brush,
shrubs, and other plants (hereinafter “vegetation”); the applicable MVCD for the powerline facilities; and
procedures for designating, marking, and felling or pruning hazard trees and other vegetation. The
description of vegetation management activities shall also provide for prevention and control of invasive
species, including invasive plants, within the permit area. For purposes of this clause, invasive plants
include non-native species recognized as such by the Forest Service, which are generally, but are not
limited to, state-listed noxious weeds. The holder shall follow invasive species prevention and control
measures prescribed by the operating plan or agreement in Appendix D. In addition, the description of
vegetation management activities shall provide for integration of native, non-invasive, low-growing
vegetation that does not interfere with the powerline facilities and that promotes powerline facility
reliability, reduces powerline facility maintenance costs, and is compatible with the aesthetics and health
of the native plant and animal life in the permit area.
2. Routine and Emergency Vegetation Management and Planting of Vegetation. Routine and emergency
vegetation management and planting of vegetation, both inside the linear right-of-way for a powerline
facility and outside the linear right-of-way for a powerline facility to fell or prune hazard trees, must be
conducted in accordance with Appendix D and clause III.B. For purposes of vegetation management per
Appendix D and clause III.B, the MVCD for each powerline facility is enumerated in Appendix B, and
vegetation management outside the linear right-of-way for a powerline facility shall be limited to felling
and pruning of hazard trees.

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(a) Routine Vegetation Management. Routine vegetation management, either inside the linear right-ofway for a powerline facility or outside the linear right-of-way for a powerline facility to fell or prune hazard
trees, requires prior written approval from the authorized officer, unless:

(1) The holder has submitted an email or letter to the authorized officer requesting approval of a single
routine vegetation management project or an annual schedule of work for routine vegetation management
in accordance with the specified timeframe in Appendix D;
(2) The proposed routine vegetation management is covered by approval of the operating plan or
agreement in Appendix D or by subsequent case-by-case environmental analysis and consultation; and

(3) The authorized officer has not responded to the request in accordance with the specified timeframe in
Appendix D.
In conducting routine vegetation management, regardless of whether prior written approval is required,
the holder shall mark or otherwise identify the vegetation to be felled or pruned.
(b) Emergency Vegetation Management. Emergency vegetation management, either inside the linear
right-of-way for a powerline facility or outside the linear right-of-way for a powerline facility to fell or prune
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hazard trees, does not require prior written approval from the authorized officer or marking or other
identification of the vegetation to be felled or pruned. The holder shall notify the authorized officer by
email of the location and type of emergency vegetation management as soon as practicable, but no later
than 24 hours after completion. Within 30 days of completion, the holder shall submit to the authorized
officer a written report detailing at a minimum the location, type, and scope of the emergency vegetation
management conducted, the reason it was conducted, the methods used to conduct it, and the resulting
benefit.
3. Disposal of Felled Trees and Planting of Vegetation. The holder shall notify the authorized officer
when approved felling, pruning, or destruction of vegetation has been completed. The Forest Service
shall determine in advance of felling the method of disposal of trees felled in the permit area that meet
utilization standards. Disposal may be by sale or without charge per 36 CFR Part 223, as may be most
advantageous to the United States. Debris from felling that does not meet utilization standards shall also
be disposed of according to methods determined by the Forest Service. Planting of vegetation in the
permit area must have prior written approval from the authorized officer.

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C. USE OF NATIONAL FOREST SYSTEM ROADS AND NATIONAL FOREST SYSTEM TRAILS. The
holder’s use of National Forest System roads and National Forest System trails shall comply with
applicable requirements in 36 CFR Part 212, Subpart A; 36 CFR Part 261, Subpart A; and orders issued
under 36 CFR Part 261, Subpart B. Motor vehicle use shall be consistent with designations made under
36 CFR Part 212, Subpart B, unless specifically provided otherwise in the operating plan or agreement.
Over-snow vehicle use shall be consistent with designations made under 36 CFR Part 212, Subpart C,
unless specifically provided otherwise in the operating plan or agreement.
D. RESERVATION OF EXCESS FIBER OPTIC CABLE CAPACITY AND LEASING
1. Reservation of Excess Capacity. The holder may reserve the powerline facilities for the holder’s
expansion and may utilize the reserved powerline facilities during the term of this permit without additional
approval from the authorized officer. Leasing of powerline facilities by third parties is not authorized by
this permit, except as provided in clause III.D.2.

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2. Leasing of the Holder’s Fiber Optic Cable. Leasing of the holder’s fiber optic cable to any third party
or parties must have prior written approval from the authorized officer. The Forest Service reserves the
right to disapprove the holder’s requests to lease fiber optic cable. The holder shall remain responsible
for any third party’s compliance with all the terms of this permit. The holder shall ensure that any thirdparty lease include provisions requiring the third party to obtain liability insurance for the third party’s use
of the holder’s fiber optic cable that includes the United States as an additional insured under the policy.
The holder shall pay in advance a single, additional annual land use fee for leasing fiber optic cable,
regardless of the holder’s eligibility for a land use fee waiver or exemption and regardless of the number
of third parties, in accordance with the linear right-of-way fee schedule in Forest Service Handbook
2709.11, Chapter 30. The authorized officer shall determine the single, additional annual land use fee for
leasing fiber optic cable using the length of the authorized linear right-of-way and a width of 10 feet. The
authorized officer may request any information from the holder deemed necessary for proper
administration of the leased fiber optic cable.
3. Leases Involving Communications Uses and Other Third-Party Uses Involving the Powerline
Facilities. Leases involving communications uses that are owned by third parties (such as antennas or
other communications uses owned by third parties that are attached to a tower, pole, or other structure
authorized by this permit) must have prior written approval from the authorized officer and must be
authorized under a communications use authorization issued to the holder. Other third-party uses
involving the powerline facilities, such as conductors attached to the powerline facilities by a third party
(an underbuild) or installation of fiber optic cable on the powerline facilities solely for use by third parties,
must have prior written approval from the authorized officer and must be authorized under a separate
special use authorization issued to the third party.
E. CONDITION OF OPERATIONS. The holder shall maintain the powerline facilities and permit area to
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standards of repair, orderliness, neatness, sanitation, and safety acceptable to the authorized officer and
consistent with other provisions of this permit. Standards are subject to periodic change by the
authorized officer when deemed necessary to meet statutory, regulatory, or policy requirements or to
protect National Forest System resources.
F. GROUND SURFACE PROTECTION AND RESTORATION. The holder shall prevent and control soil
erosion and gullying on National Forest System lands in and adjacent to the permit area resulting from
construction, operation, maintenance, and termination of the powerline facilities. The holder shall
construct powerline facilities so as to avoid accumulation of excessive amounts of water in the permit
area and encroachment on streams. The holder shall revegetate or otherwise stabilize (e.g., by
constructing a retaining wall) all ground where the soil has been exposed as a result of the holder's
construction, maintenance, operation, or termination of the powerline facilities.

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G. MONITORING BY THE FOREST SERVICE. The Forest Service shall monitor the holder's operations
and reserves the right to inspect the permit area and powerline facilities at any time for compliance with
the terms of this permit. The holder shall comply with inspection requirements deemed appropriate by the
authorized officer. The holder’s obligations under this permit are not contingent upon any duty of the
Forest Service to inspect the permit area or powerline facilities. A failure by the Forest Service or other
governmental officials to inspect is not a justification for noncompliance with any of the terms of this
permit.

H. PAID SICK LEAVE REQUIREMENT. Executive Order 13706, Establishing Paid Sick Leave for
Federal Contractors, and its implementing regulations, including the federal contractor paid sick leave
clause at 29 CFR Part 13, Appendix A, are incorporated by reference into this authorization as if fully set
forth in this authorization.
IV. RIGHTS AND LIABILITIES

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A. LEGAL EFFECT OF THE PERMIT. This permit, which is revocable and terminable, is not a contract
or a lease, but rather a federal license. The benefits and requirements conferred by this authorization are
reviewable solely under the procedures set forth in 36 CFR Part 214 and 5 U.S.C. 704. This permit does
not constitute a contract for purposes of the Contract Disputes Act, 41 U.S.C. 601. The permit is not real
property, does not convey any interest in real property, and may not be used as collateral for a loan.
B. VALID EXISTING RIGHTS. This permit is subject to all valid existing rights. Valid existing rights
include those derived from mining and mineral leasing laws of the United States. The Forest Service is
not liable to the holder for the exercise of any such right.
C. ABSENCE OF THIRD-PARTY BENEFICIARY RIGHTS. The parties to this permit do not intend to
confer any rights on any third party as a beneficiary under this permit.
D. NO WARRANTY OF ACCESS, SITE SUITABILITY, OR SERVICES. This permit authorizes the use
and occupancy of National Forest System lands by the holder for the purposes identified in this permit.
The Forest Service does not make any express or implied warranty of access to the permit area, of the
suitability of the permit area for the authorized uses, or for the furnishing of road or trail maintenance,
water, fire protection services, search and rescue services, or any other services by a government
agency, utility, association, or individual.
E. RISK OF LOSS. The holder assumes all risk of loss to the powerline facilities and all risk of loss of
use and occupancy of the permit area, in whole or in part, due to public health and safety or
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environmental hazards. Loss to the powerline facilities and of use and occupancy of the permit area may
result from but is not limited to theft, vandalism, fire and any fire-fighting activities (including prescribed
burns), environmental contamination, avalanches, rising waters, winds, falling limbs or trees, and other
forces of nature. If all or part of the powerline facilities are destroyed or substantially damaged, the
authorized officer shall conduct an analysis to determine whether the affected portions of the powerline
facilities can be safely used in the future and whether rebuilding should be allowed. If rebuilding is not
allowed, this permit shall terminate as to those portions of the powerline facilities. If the authorized officer
determines that all or part of the permit area cannot be safely occupied due to a public health or safety or
environmental hazard, this permit shall terminate as to those portions of the permit area. Termination
under this clause shall not give rise to any claim for damages, including lost profits and the value of the
powerline facilities, by the holder against the Forest Service.
F. DAMAGE TO UNITED STATES PROPERTY. The holder has an affirmative duty to protect from
damage the land, property, and other interests of the United States. Damage includes but is not limited to
destruction of or damage to National Forest System lands, fire suppression costs, and destruction of or
damage to federally owned improvements.

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1. The holder shall be liable for all injury, loss, or damage, including fire suppression costs, prevention
and control of the spread of invasive species, and the costs of rehabilitation or restoration of natural
resources, resulting from the holder's use and occupancy of the permit area. Compensation shall include
but is not limited to the value of resources damaged or destroyed, the costs of restoration, cleanup, or
other mitigation, fire suppression or other types of abatement costs, and all associated administrative,
legal (including attorney's fees), and other costs. Such costs may be deducted from a performance bond
required under clause IV.L.
2. The holder shall be liable for damage to all roads and trails of the United States caused by use of the
holder or the holder's heirs, assignees, agents, employees, contractors, or lessees to the same extent as
provided under clause IV.F.1, except that liability shall not include reasonable and ordinary wear and tear.

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G. HEALTH AND SAFETY. The holder shall take all measures necessary to protect the health and
safety of all persons affected by the use and occupancy authorized by this permit. The holder shall
promptly abate as completely as possible and in compliance with all applicable laws and regulations any
physical or mechanical procedure, activity, event, or condition existing or occurring in connection with the
authorized use and occupancy during the term of this permit that causes or threatens to cause a hazard
to the health or safety of the public or the holder’s employees, agents, or contractors. The holder shall as
soon as practicable notify the authorized officer of all serious accidents that occur in connection with
these procedures, activities, events, or conditions. The Forest Service has no duty under the terms of
this permit to inspect the permit area or operations of the holder for hazardous conditions or compliance
with health and safety standards.
H. ENVIRONMENTAL PROTECTION

1. Compliance with Environmental Laws. The holder shall in connection with the use and occupancy
authorized by this permit comply with all applicable federal, state, and local environmental laws and
regulations, including but not limited to those established pursuant to the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA), as amended, 42 U.S.C. 9601 et seq., the
Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901 et seq., the Federal Water
Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., the Oil Pollution Act, as amended, 33 U.S.C.
2701 et seq., the Clean Air Act, as amended, 42 U.S.C. 7401 et seq., the Toxic Substances Control Act,
as amended, 15 U.S.C. 2601 et seq., the Federal Insecticide, Fungicide, and Rodenticide Act, as
amended, 7 U.S.C. 136 et seq., and the Safe Drinking Water Act, as amended, 42 U.S.C. 300f et seq.

2. Definition of Hazardous Material. For purposes of clause IV.H and section V, "hazardous material"
shall mean (a) any hazardous substance under section 101(14) of CERCLA, 42 U.S.C. 9601(14); (b) any
pollutant or contaminant under section 101(33) of CERCLA, 42 U.S.C. 9601(33); (c) any petroleum
product or its derivative, including fuel oil, and waste oils; and (d) any hazardous substance, extremely
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hazardous substance, toxic substance, hazardous waste, ignitable, reactive or corrosive materials,
pollutant, contaminant, element, compound, mixture, solution or substance that may pose a present or
potential hazard to human health or the environment under any applicable environmental laws.
3. Environmental Site Assessment (SA). The holder shall conduct an initial SA prior to use and
occupancy of the permit area for any new authorized powerline facilities and a follow-up SA prior to
termination or upon revocation of this permit. The initial and follow-up SAs shall be incorporated into this
permit as Appendix F.

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(a) Purposes. The purpose of the initial and follow-up SAs is to identify Recognized Environmental
Conditions in the permit area, that is, the presence or likely presence of any hazardous substances or
petroleum products in the permit area: (1) due to any release to the environment; (2) under conditions
indicative of a release to the environment; or (3) under conditions that pose a material threat of a future
release to the environment. A comparison of the initial and follow-up SAs shall assist the authorized
officer in determining whether any environmental cleanup or restoration is required as a result of the use
and occupancy. Any cleanup or restoration shall be completed promptly by the holder in accordance with
all applicable federal, state, and local laws and regulations, to the satisfaction of the authorized officer
and at no expense to the Forest Service.

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(b) Standard. All SAs must be conducted by the holder’s environmental professional with the requisite
certification and experience and must meet the objectives and performance factors of 40 CFR Part 312,
Innocent Landowners, Standards for Conducting All Appropriate Inquiries. The holder may use the most
recent version of The American Society for Testing and Materials (ASTM) guideline referenced in 40 CFR
312.11(a), entitled Standard Practice for Environmental Site Assessments: Phase I Environmental Site
Assessment Process, or select an alternate practice that constitutes all appropriate inquiries consistent
with good commercial and customary practices.
(c) Exceptions. If a new permit will be issued to the same holder upon expiration of this permit, the
follow-up SA shall satisfy the requirement for an initial SA for the new permit. Initial and follow-up SAs
are not required when this permit is revoked at the request of the holder and a new permit is issued to the
holder for the balance of this permit’s term or when this permit is reissued for the balance of its term to the
holder due to a modification pursuant to 36 CFR 251.61(a), provided that an initial SA shall be completed
in either of these scenarios if one has not been done by the holder.

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(d) Cleanup or Other Remedial Action Based on the Initial SA. If the initial SA shows that a hazardous
substance release is present in the permit area, the holder shall be responsible for any cleanup or other
remedial action that the Forest Service determines to be required in the permit area based on the initial
SA. The level of cleanup or other remedial action shall be commensurate with the holder’s intended use
and occupancy of the permit area for the new authorized powerline facilities and shall be completed
before that use and occupancy commence.
4. Oil Discharges and Release of Hazardous Materials. The holder shall immediately notify all
appropriate response authorities, including the National Response Center and the authorized officer or
the authorized officer’s designated representative, of any oil discharge or of the release of a hazardous
material in the permit area in an amount greater than or equal to its reportable quantity, in accordance
with 33 CFR Part 153 and 40 CFR Part 302. For the purposes of this requirement, “oil” is defined by
section 311(a)(1) of the Clean Water Act, 33 U.S.C. 1321(a)(1). The holder shall immediately notify the
authorized officer or the authorized officer’s designated representative of any release or threatened
release of any hazardous material in or near the permit area which may be harmful to public health or
welfare or which may adversely affect natural resources on federal lands.
5. Remediation of Release of Hazardous Materials. The holder shall remediate any release, threat of
release, or discharge of hazardous materials that occurs in connection with the holder’s activities in the
permit area, including activities conducted by the holder's agents, employees, contractors, or lessees and
regardless of whether those activities are authorized under this permit. The holder shall perform
remediation in accordance with applicable law immediately upon discovery of the release, threat of
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release, or discharge of hazardous materials. The holder shall perform the remediation to the satisfaction
of the authorized officer and at no expense to the Forest Service. Upon revocation or termination of this
permit, the holder shall deliver the site to the Forest Service in compliance with all applicable laws and
regulations and free and clear of contamination.

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I. INDEMNIFICATION OF THE UNITED STATES. The holder shall indemnify, defend, and hold
harmless the United States for any costs, damages, claims, liabilities, and judgments arising from past,
present, and future acts or omissions of the holder in connection with the use and occupancy authorized
by this permit. This indemnification and hold harmless provision includes but is not limited to acts and
omissions of the holder or the holder’s heirs, assigns, agents, employees, contractors, or lessees in
connection with the use and occupancy authorized by this permit which result in (1) violations of any laws
and regulations which are now or which may in the future become applicable; (2) judgments, claims,
demands, penalties, or fees assessed against the United States; (3) costs, expenses, and damages
incurred by the United States; or (4) the release or threatened release of any hazardous material into the
environment. The authorized officer may prescribe terms that allow the holder to replace, repair, restore,
or otherwise undertake necessary curative actions to mitigate damages in combination with or as an
alternative to monetary indemnification.
J. STRICT LIABILITY. If the holder has an operating plan, the holder shall be strictly liable (liable
without proof of negligence) to the United States up to the limit specified in 36 CFR 251.56(d)(2), as
amended, per occurrence for any injury, loss, or damage arising in tort under this permit or, if the holder
has an operating agreement approved under FSH 2709.11, Chapter 80, up to $500,000 per occurrence
until March 23, 2028. After that date, the holder shall be strictly liable in tort to the United States up to the
same limit as a holder with an operating plan. Strict liability in tort may not be imposed on the holder for
injury or damages resulting from the authorized officer’s unreasonably withholding or delaying approval of
an operating plan or agreement under FSH 2709.11, Chapter 80, or unreasonably failing to adhere to an
applicable schedule in an operating plan or agreement approved under FSH 2709.11, Chapter 80, for
activities for which requirements for environmental analysis and consultation have been met. Liability in
tort for injury, loss, or damage to the United States exceeding the prescribed amount of strict liability in
tort shall be determined under the law of negligence.

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K. INSURANCE. The holder shall furnish proof of insurance, such as a certificate of insurance, to the
authorized officer prior to issuance of this permit and each year thereafter that this permit is in effect. The
Forest Service reserves the right to review the insurance policy and require any changes needed to
ensure adequate coverage of the United States in connection with the authorized use and occupancy.
The holder shall send an authenticated copy of any insurance policy obtained pursuant to this clause to
the authorized officer immediately upon issuance of the policy. Any insurance policies obtained by the
holder pursuant to this clause shall include the United States as an additional insured in an endorsement
to the policy, and the additional insured provision shall provide for insurance coverage for the United
States as required under this clause and to the extent of the full limits of insurance available to the holder.
The holder shall give 30 days prior written notice to the authorized officer of cancellation of or any
modification to the insurance policy. The certificate of insurance, the authenticated copy of the insurance
policy, and written notice of cancellation or modification of insurance policies should be sent to [mailing
address of administering office]. Minimum amounts of coverage and other insurance requirements are
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subject to change at the sole discretion of the authorized officer on the anniversary date of this permit.
1. The holder shall have in force liability insurance covering losses associated with the use and
occupancy authorized by this permit arising from personal injury or death and third-party property damage
in the minimum amount of $ 2 million as a combined single limit per occurrence and $5 million in the
aggregate for each powerline facility authorized by this permit.
2. Depending on the holder's operations, the Forest Service may require the holder to demonstrate the
availability of funds to address any release or threatened release of hazardous materials that may occur
in connection with the holder's use and occupancy. Any requirements imposed would be established
case by case by the authorized officer based on the degree of environmental risk from the holder's
operations. The use and storage of normal maintenance supplies in nominal amounts generally would
not trigger financial assurance requirements.

K. INSURANCE

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1. Source of Funding for Insurance. The holder is required to obtain approval for the rates it charges the
public for electricity in a manner that ensures that the holder is provided the opportunity to recover its
costs, plus a fair return on capital investment. Included in the holder’s recovery of costs are liabilities that
the holder may incur under this permit, including indemnification and self-insurance requirements for
third-party liability claims and related claims and legal expenses incurred by the holder.

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2. Self-Insurance and Procured Insurance. As part of its cost recovery, the holder self-insures for thirdparty liability for up to $#AMOUNT# million. The holder has a commercial general liability (CGL)
insurance policy for claims above $#AMOUNT# million. The holder shall self-insure for losses associated
with the use and occupancy authorized by this permit arising from personal injury or death and third-party
property damage in the minimum amount of $2 million as a combined single limit per occurrence and $5
million in the aggregate for each of the powerline facilities authorized by this permit. The minimum
amounts of self-insurance specified in this clause do not limit or otherwise affect in any way the holder’s
obligation under this permit to indemnify the United States for injury, loss, or damage. The holder’s selfinsurance and CGL insurance policy above the minimum amounts of insurance specified in this clause
may need to be utilized to meet the holder’s indemnification obligation under this permit. Any insurance
policies obtained by the holder pursuant to this clause shall include the United States as an additional
insured in an endorsement to the policy, and the additional insured provision shall provide for insurance
coverage for the United States as required under this clause and to the extent of the full limits of
insurance available to the holder. Minimum amounts of insurance coverage and other insurance
requirements are subject to change at the sole discretion of the authorized officer on the anniversary date
of this permit. The holder shall furnish proof of its self-insurance and CGL insurance policy, such as a
certificate of insurance, to the authorized officer prior to issuance of this permit and each year thereafter
that this permit is in effect. The holder shall send an authenticated copy of its CGL insurance policy to the
authorized officer before issuance of this permit. The Forest Service reserves the right to review the selfinsurance and CGL insurance policy and require any changes needed to ensure adequate coverage of
the United States in connection with the authorized use and occupancy.

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2. Self-Insurance and Procured Insurance. As part of its cost recovery, the holder self-insures for thirdparty liability for up to $_____ million for non-wildfire claims and up to $____ million for wildfire claims.
The holder has a commercial general liability (CGL) insurance policy for non-wildfire claims above $_____
million and wildfire claims above $_____ million. The holder shall self-insure for losses associated with
the use and occupancy authorized by this permit arising from personal injury or death and third-party
property damage in the minimum amount of $2 million as a combined single limit per occurrence and $5
million in the aggregate for each of the powerline facilities authorized by this permit. The minimum
amounts of self-insurance specified in this clause do not limit or otherwise affect in any way the holder’s
obligation under this permit to indemnify the United States for injury, loss, or damage. The holder’s selfinsurance and CGL insurance policy above the minimum amounts of insurance specified in this clause
may need to be utilized to meet the holder’s indemnification obligation under this permit. Any insurance
policies obtained by the holder pursuant to this clause shall include the United States as an additional
insured in an endorsement to the policy, and the additional insured provision shall provide for insurance
coverage for the United States as required under this clause and to the extent of the full limits of
insurance available to the holder. Minimum amounts of insurance coverage and other insurance
requirements are subject to change at the sole discretion of the authorized officer on the anniversary date
of this permit. The holder shall furnish proof of its self-insurance and CGL insurance policy, such as a
certificate of insurance, to the authorized officer prior to issuance of this permit and each year thereafter
that this permit is in effect. The holder shall send an authenticated copy of its CGL insurance policy to the
authorized officer before issuance of this permit. The Forest Service reserves the right to review the selfinsurance and CGL insurance policy and require any changes needed to ensure adequate coverage of
the United States in connection with the authorized use and occupancy.
3. Notice of Cancellation or Modification. The holder shall give 30 days prior written notice to the
authorized officer of cancellation or modification of the holder’s self-insurance or CGL insurance policy.
Written notice of cancellation or modification of the self-insurance or CGL insurance policy should be sent
to [mailing address of administering office].

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4. Release of Hazardous Materials. Depending on the holder’s operations, the Forest Service may
require the holder to demonstrate the availability of funds to address any release or threatened release of
hazardous materials that may occur in connection with the holder’s use and occupancy. Any
requirements imposed would be established case by case by the authorized officer based on the degree
of environmental risk from the holder’s operations. The use and storage of normal maintenance supplies
in nominal amounts generally would not trigger financial assurance requirements.
L. BONDING. The authorized officer may require the holder to furnish a surety bond or other security
for any of the obligations imposed by the terms of this permit or any applicable law, regulation, or order.

1. As a further guarantee of compliance with the terms of this permit, the holder shall deliver and
maintain a surety bond or other acceptable security, such as cash deposited and maintained in a federal
depository or negotiable securities of the United States, in the amount of $#AMOUNT# for [specify
obligations covered, e.g., to secure the holder’s obligation to restore the permit area after construction or
upon revocation or termination of the permit without issuance of a new permit]. The authorized officer
may periodically evaluate the adequacy of the bond or other security and increase or decrease the
amount as appropriate. If the bond or other security becomes unsatisfactory to the authorized officer, the
holder shall within 30 days of demand furnish a new bond or other security issued by a surety that is
solvent and satisfactory to the authorized officer. If the holder fails to meet any of the requirements
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secured under this clause, money deposited pursuant to this clause shall be retained by the United States
to the extent necessary to satisfy the obligations secured under this clause, without prejudice to any other
rights and remedies of the United States.
2. The bond shall be released or other security returned 30 days after (a) the authorized officer certifies
that the obligations covered by the bond or other security are met and (b) the holder establishes to the
satisfaction of the authorized officer that all claims for labor and material for the secured obligations have
been paid or released.
3. The holder may be required to obtain additional bonding or security prior to undertaking additional
construction or alteration not covered by the bond or other security or when the powerline facilities are to
be removed and the permit area restored.
V. RESOURCE PROTECTION

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A. WATER POLLUTION. No waste or by-product shall be discharged into water in connection with the
use and occupancy authorized by this permit except in full compliance with all applicable federal, state,
and local environmental and other laws. Storage facilities for materials capable of causing water
pollution, if accidentally discharged, shall be located so as to prevent any spillage into waters or channels
leading into water except in full compliance with all applicable federal, state, and local environmental and
other laws.
B. SCENIC VALUES. The holder shall protect the scenic values of the permit area and the adjacent
land to the greatest extent possible during construction, operation, and maintenance of the powerline
facilities.
C. VANDALISM. The holder shall take reasonable measures to prevent and discourage vandalism or
disorderly conduct and when necessary shall contact the appropriate law enforcement officer to address
these problems.
D. PESTICIDE USE

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1. Authorized Officer Concurrence. Pesticides may not be used outside of buildings in the permit area to
control pests, including undesirable woody and herbaceous vegetation (including aquatic plants), insects,
birds, rodents, or fish without prior written concurrence of the authorized officer. Only those products
registered or otherwise authorized by the U.S. Environmental Protection Agency and appropriate State
authority for the specific purpose planned shall be authorized for use within areas on National Forest
System lands.
2. Pesticide-Use Proposal. Requests for concurrence of any planned uses of pesticides shall be
provided in advance using the Pesticide-Use Proposal (form FS-2100-2). Annually the holder shall, on
the due date established by the authorized officer, submit requests for any new, or continued, pesticide
usage. The Pesticide-Use Proposal shall cover a 12-month period of planned use. The Pesticide-Use
Proposal shall be submitted at least 60 days in advance of pesticide application. Information essential for
review shall be provided in the form specified. Exceptions to this schedule may be allowed, subject to
emergency request and approval, only when unexpected outbreaks of pests require control measures
which were not anticipated at the time a Pesticide-Use Proposal was submitted.

3. Safety Plan. Before applying pesticides in the permit area, the holder shall submit to the authorized
officer a safety plan that includes, at a minimum, a precise statement of the treatment objectives; a
description of the equipment, materials, and supplies to be used, including pesticide formulation,
quantities, and application methods; a description of the lines of responsibility for project planning, project
monitoring, and after-action review; a description of any necessary interagency coordination; a copy of
the current Pesticide-Use Proposal for the permit; a description of the process by which treatment
effectiveness will be determined; and a spill plan, communications plan, security plan, and when required
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by applicable local requirements, a provision for prior notification to sensitive individuals.
4. Reporting. By September 30th annually, the holder shall submit to the authorized officer a written
report of each pesticide application project completed during the previous 12-month period. The report
shall contain information pertaining to the pesticide application projects as requested by the authorized
officer.
5. Labeling, Laws, and Regulations. Label instructions and all applicable laws and regulations shall be
strictly followed in the application of pesticides and disposal of excess materials and containers. No
pesticide waste, excess materials, or containers shall be disposed of in any area administered by the
Forest Service.

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E. ARCHAEOLOGICAL AND PALEONTOLOGICAL DISCOVERIES. The holder shall immediately
notify the authorized officer of any antiquities or other objects of historic or scientific interest, including but
not limited to historic or prehistoric ruins, fossils, or artifacts discovered in connection with the use and
occupancy authorized by this permit. The holder shall leave these discoveries intact and in place until
otherwise directed by the authorized officer.

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F. NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT (NAGPRA). In
accordance with 25 U.S.C. 3002(d) and 43 CFR 10.4, if the holder inadvertently discovers human
remains, funerary objects, sacred objects, or objects of cultural patrimony on National Forest System
lands, the holder shall immediately cease work in the area of the discovery and shall leave the
discoveries intact and in place. The holder shall follow the applicable NAGPRA protocols for the
undertaking provided in the NAGPRA plan of action or the NAGPRA comprehensive agreement; if there
are no such agreed-upon protocols, the holder shall as soon as practicable notify the authorized officer of
the discovery and shall follow up with written confirmation of the discovery. The activity that resulted in
the inadvertent discovery may not resume until 30 days after the authorized officer certifies receipt of the
written confirmation, if resumption of the activity is otherwise lawful, or at any time if a NAGPRA plan of
action has been executed by the Forest Service following tribal consultation and any preconditions have
been met.
G. PROTECTION OF THREATENED AND ENDANGERED SPECIES, SENSITIVE SPECIES, AND
SPECIES OF CONSERVATION CONCERN AND THEIR HABITAT

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1. Threatened and Endangered Species and Their Habitat. The location of sites within the permit area
needing special measures for protection of plants or animals listed as threatened or endangered under
the Endangered Species Act of 1973, 16 U.S.C. 531 et seq., as amended, or within designated critical
habitat shall be shown on a map in an appendix to this permit and may be shown on the ground. The
holder shall take any protective and mitigation measures specified by the authorized officer as necessary
and appropriate to avoid or reduce effects on listed species or designated critical habitat affected by the
authorized use and occupancy. Discovery by the holder or the Forest Service of other sites within the
permit area containing threatened or endangered species or designated critical habitat not shown on the
map in the appendix shall be promptly reported to the other party and shall be added to the map.

2. Sensitive Species and Species of Conservation Concern and Their Habitat. The location of sites
within the permit area needing special measures for protection of plants or animals designated by the
Regional Forester as sensitive species or as species of conservation concern pursuant to FSM 2670 shall
be shown on a map in an appendix to this permit and may be shown on the ground. The holder shall take
any protective and mitigation measures specified by the authorized officer as necessary and appropriate
to avoid or reduce effects on sensitive species or species of conservation concern or their habitat affected
by the authorized use and occupancy. Discovery by the holder or the Forest Service of other sites within
the permit area containing sensitive species or species of conservation concern or their habitat not shown
on the map in the appendix shall be promptly reported to the other party and shall be added to the map.
H. CONSENT TO STORE HAZARDOUS MATERIALS. The holder shall not store any hazardous
materials in the permit area without prior written approval from the authorized officer. This approval shall
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not be unreasonably withheld. If the authorized officer provides approval, this permit shall include or, in
the case of approval provided after this permit is issued, shall be amended to include specific terms
addressing the storage of hazardous materials, including the specific type of materials to be stored, the
volume, the type of storage, and a spill or release prevention and control plan. Such terms shall be
proposed by the holder and are subject to approval by the authorized officer.

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1. The holder shall identify to the authorized officer any hazardous materials to be stored in the permit
area. This identifying information shall be consistent with column (1) of the table of hazardous materials
and special provisions enumerated at 49 CFR 172.101 whenever the hazardous material appears in that
table. For hazard communication purposes, the holder shall maintain Material Safety Data Sheets for any
stored hazardous chemicals, consistent with 29 CFR 1910.1200(c) and (g). In addition, all hazardous
materials stored by the holder shall be used, labeled, stored, transported, and disposed of in accordance
with all applicable federal, state, and local laws and regulations. Any hazardous material transportation
and disposal manifests shall clearly identify the holder as the generator of the hazardous waste.
2. If hazardous materials are used or stored at the site, the authorized officer may require the holder to
deliver and maintain a surety bond in accordance with clause IV.L.

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3. The holder shall not release any hazardous materials onto land or into rivers, streams,
impoundments, or into natural or artificial channels leading thereto. All prudent and safe attempts must
be made to contain any release of these materials. The authorized officer may specify conditions that
must be met, including conditions more stringent than those in applicable federal, state, and local laws
and regulations, to prevent releases and protect natural resources.
4. If the holder uses or stores hazardous materials at the site, upon revocation or termination of this
permit the holder shall provide the Forest Service with a report certified by a professional or professionals
acceptable to the Forest Service that the permit area is uncontaminated by the presence of hazardous
materials and that there has not been a release or discharge of hazardous materials upon the permit
area, into surface water at or near the permit area, or into groundwater below the permit area during the
term of the permit. If a release or discharge has occurred, the professional or professionals shall
document and certify that the release or discharge has been fully remediated and that the permit area is
in compliance with all applicable federal, state, and local laws and regulations.

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I. FEDERAL SURVEY MONUMENTS, CORNERS, and BOUNDARY MARKERS. The holder shall
protect in place all federal survey monuments, corners, and boundary markers in the permit area. If any
federal survey monuments, corners, or boundary markers in the permit area are destroyed or modified,
the holder shall ensure that they are reestablished or corrected in accordance with (1) the Manual of
Instructions for the Survey of the Public Land of the United States; (2) the applicable county surveyor’s
specifications; and (3) the specifications of the Forest Service, as applicable. The holder shall ensure
that any official survey records that were affected due to the destruction or modification of any federal
survey monuments, corners, or boundary markers are amended in accordance with applicable law.
Nothing in this clause shall relieve the holder of liability for the willful destruction or modification of any
federal survey monuments, corners, or boundary markers as provided in 18 U.S.C. 1858.
VI. LAND USE FEE AND DEBT COLLECTION

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A. LAND USE FEE FOR HOLDER’S USE AND OCCUPANCY. The holder is exempt from land use
fees under federal law and regulation for its own use and occupancy under this permit.

A. LAND USE FEE FOR HOLDER’S USE AND OCCUPANCY. Per 42 U.S.C. 15925, the holder shall
pay in advance an annual land use fee as determined in accordance with the Per Acre Rent Schedule
established by 43 CFR 2806.20. The initial annual land use fee shall be prorated if less than 6 months in
the calendar year remain on the date this permit is issued. Otherwise, the holder shall pay the entire
initial annual land use fee.

C. LAND USE FEE PAYMENTS

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B. MODIFICATION OF THE LAND USE FEE. The land use fee for the holder’s use and occupancy and
for leasing of the holder’s fiber optic cable may be revised whenever necessary to reflect the market value
of the authorized use and occupancy or when the fee system used to calculate the land use fee is
modified or replaced.

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1. Crediting of Payments. Payments shall be credited on the date received by the deposit facility, except
that if a payment is received on a non-workday, the payment shall not be credited until the next workday.
2. Disputed Fees. Land use fees are due and payable by the due date. Disputed land use fees, other
than land use fees recalculated pursuant to an audit, must be paid in full. Adjustments will be made if
dictated by an administrative appeal decision, a court decision, or settlement terms.
3. Late Payments

(a) Interest. Pursuant to 31 U.S.C. 3717 et seq., interest shall be charged on any land use fee not paid
within 30 days from the date it became due. The rate of interest assessed shall be the higher of the
Prompt Payment Act rate or the rate of the current value of funds to the United States Treasury (i.e., the
Treasury tax and loan account rate), as prescribed and published annually or quarterly by the Secretary
of the Treasury in the Federal Register and the Treasury Fiscal Requirements Manual Bulletins. Interest
on the principal shall accrue from the date the land use fee is due.

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(b) Administrative Costs. If the account becomes delinquent, administrative costs to cover processing
and handling the delinquency shall be assessed.
(c) Penalties. Pursuant to 31 U.S.C. 3717(e)(2), a penalty of 6% per year shall be assessed on the total
amount of any debt, including interest and administrative costs, that is more than 90 days delinquent.
The penalty shall accrue from the same date on which interest charges begin to accrue. (d) Termination
for Nonpayment. This permit shall terminate if the holder fails to pay any land use fee, interest, or any
other charges within 90 calendar days of the due date. The holder shall remain responsible for the
delinquent charges.

4. Administrative Offset and Credit Reporting. Delinquent land use fees and other charges associated
with this permit shall be subject to all rights and remedies afforded the United States pursuant to 31
U.S.C. 3711 et seq. and its implementing regulations. Delinquencies are subject to any or all of the
following:
(a) Administrative offset of payments due the holder from the Forest Service.
(b) If in excess of 120 days, referal to the United States Department of the Treasury for appropriate
collection action as provided by 31 U.S.C. 3711(g)(1) and its implementing regulations.
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(c) Offset by the Secretary of the Treasury of any amount due the holder, as provided by 31 U.S.C.
3720A et seq.
(d) Disclosure to consumer or commercial credit reporting agencies.
VII. REVOCATION, SUSPENSION, AND TERMINATION
A. REVOCATION AND SUSPENSION
1. The authorized officer may revoke or suspend this permit in whole or in part:
(a) For noncompliance with applicable federal, state, or local laws and regulations;
(b) For noncompliance with the terms of this permit;

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(c) For failure to exercise the rights or privileges granted. Failure of the holder to use the permit area for a
continuous 5-year period shall constitute rebuttable presumption of failure to exercise the rights or
privileges granted; or
(d) At the discretion of the authorized officer, for specific and compelling reasons in the public interest.

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2. The authorized officer may revoke this permit at the request of the holder. Revocation at the request
of the holder must be agreed to in writing by the authorized officer. As a condition of revocation of this
permit at the request of the holder, the authorized officer has discretion to impose any terms deemed
appropriate as provided for in this permit.
3. Prior to revocation or suspension, other than revocation at the request of the holder under clause
VII.A.2 or immediate suspension under clause VII.B, the authorized officer shall give the holder written
notice of the grounds for revocation or suspension and a reasonable period, not to exceed 90 days, to
cure any noncompliance.

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B. REVOCATION FOR SPECIFIC AND COMPELLING REASONS IN THE PUBLIC INTEREST. The
authorized officer may revoke this permit during its term if the Forest Service determines based on a land
management planning decision that the use and occupancy authorized by this permit should be changed
for specific and compelling reasons in the public interest, other than a determination under clause IV.E
that the powerline facilities or the permit area cannot be safely occupied. Prior to revoking the permit
under this clause, the authorized officer shall give the holder 90 days written notice, provided that the
authorized officer may prescribe a shorter notice period if justified by the public interest. The Forest
Service shall then have the right to remove or relocate the powerline facilities, to require the holder to
remove or relocate them, or to purchase them. Removal or relocation by the Forest Service of the
powerline facilities shall be accepted by the holder in full satisfaction of all claims against the United
States under this clause. If the Forest Service requires the holder to remove or relocate the powerline
facilities or purchases them, the Forest Service shall be obligated to pay the lesser of (1) the cost of
removal or relocation of the powerline facilities or (2) the value of the powerline facilities as determined by
the Forest Service through an appraisal of their replacement cost, less an allowance for depreciation of all
types. If that amount is fixed by agreement between the authorized officer and the holder, that amount
shall be accepted by the holder in full satisfaction of all claims against the United States under this
clause. If agreement is not reached, the authorized officer shall determine the amount to be paid, which
shall be set forth in the revocation decision. A payment made pursuant to this clause is subject to the
availability of appropriations. Nothing in this permit implies that Congress will appropriate funds to cover
a deficiency in appropriations.
C. IMMEDIATE SUSPENSION. The authorized officer may immediately suspend this permit in whole or
in part when necessary to protect public health or safety or the environment. The suspension decision
shall be in writing. The holder may request an onsite review with the authorized officer’s superior of the
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adverse conditions prompting the suspension. The authorized officer’s superior shall grant this request
within 48 hours. Following the onsite review, the authorized officer’s superior shall promptly affirm,
modify, or cancel the suspension.
D. APPEALS AND REMEDIES. Written decisions by the authorized officer relating to administration of
this permit are subject to administrative appeal pursuant to 36 CFR Part 214, as amended. Revocation or
suspension of this permit shall not give rise to any claim for damages by the holder against the Forest
Service.
E. TERMINATION. This permit shall terminate when by its terms a fixed or agreed upon condition,
event, or time occurs without any action by the authorized officer. For example, this permit terminates
upon expiration or upon a change in ownership of the powerline facilities and issuance of a new permit to
another party for the use and occupancy authorized by the permit. Termination of this permit does not
require notice, a decision document, or any environmental analysis or other documentation. Termination
of this permit is not subject to administrative appeal and shall not give rise to any claim for damages by
the holder against the Forest Service.

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F. RIGHTS AND RESPONSIBILITIES UPON REVOCATION OR TERMINATION WITHOUT
ISSUANCE OF A NEW PERMIT. Upon revocation of this permit or termination of this permit without
issuance of a new permit, the holder shall remove all structures and improvements in the permit area,
except those owned by the United States, within a reasonable period prescribed by the authorized officer
and shall restore the permit area to the satisfaction of the authorized officer. If the holder fails to remove
all structures or improvements in the permit area within the prescribed period, they shall become the
property of the United States and may be sold, destroyed, or otherwise disposed of without any liability to
the United States. The holder shall remain liable for all costs associated with their removal, including
costs of sale and impoundment, cleanup, and restoration of the permit area.
G. CONTINUATION OF OBLIGATIONS AND LIABILITIES BEYOND TERMINATION OR
REVOCATION. Notwithstanding the termination or revocation of this permit, its terms shall remain in
effect and shall be binding on the holder and the holder’s personal representative, successors, and
assignees until all the holder’s obligations and liabilities accruing before or as a result of termination or
revocation of this permit have been satisfied.

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H. TERMINATION FOR THE DEVELOPMENT OF HYDROELECTRIC POWER OR RECLAMATION
PURPOSES. Any lands covered by this permit which have been withdrawn for hydroelectric power under
the act of March 3, 1879, or the act of June 25, 1910, or are covered by an application or license
governed by the Federal Power Act of June 10, 1920, are subject at any time to use for the development
of hydroelectric power. Any lands covered by this permit which have been withdrawn under the
Reclamation Act of June 17, 1902, are subject at any time to use for reclamation purposes. This permit is
issued with the specific understanding that (1) the use and occupancy authorized by this permit shall not
interfere with such development of hydroelectric power or reclamation and that (2) this permit shall
terminate after 90 days written notice as to any lands covered by this permit when, in the judgment of the
Federal Power Commission, those lands are needed for the development of hydroelectric power or, in the
judgment of the Bureau of Reclamation, those lands are needed for reclamation purposes. The holder
shall have 90 days to remove or realign segments of the powerline facilities located on those lands.
Termination under this clause shall not give rise to any claim by the holder against the Federal Power
Commission, the Bureau of Reclamation, the Forest Service, or hydroelectric power licensees for
damages, including lost profits and damage to improvements, due to such development of hydroelectric
power or reclamation.

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VIII. MISCELLANEOUS PROVISIONS
A. MEMBERS OF CONGRESS. No member of or delegate to Congress or resident commissioner shall
benefit from this permit either directly or indirectly, except to the extent the authorized use provides a
general benefit to a corporation.
B. CURRENT ADDRESSES. The Forest Service and the holder shall keep each other informed of
current mailing addresses, including those necessary for billing and payment of land use fees.

C. SUPERSEDED AUTHORIZATION. This permit supersedes an authorization designated [name or
authorization ID], dated ______.

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C. SEVERENCE FROM A FEDERAL ENERGY REGULATORY COMMISSION LICENSE. Per a
decision issued by the Federal Energy Regulatory Commission, the powerline facilities have been
severed from Federal Energy Regulatory Commission license [license number], dated ______.
D. MERGER CLAUSE. This permit, and any appendices incorporated into this permit by reference,
constitute the complete understanding of the parties to this permit as to the rights, duties, and obligations
of each party as of the date of issuance of this permit. If there are any inconsistencies between any of
the preceding clauses and any subsequent clauses or any appendices to this permit, the preceding
clauses shall govern.
THIS PERMIT IS GRANTED SUBJECT TO ALL ITS TERMS.

BEFORE THIS PERMIT IS ISSUED TO AN ENTITY, DOCUMENTATION MUST BE PROVIDED TO
THE AUTHORIZED OFFICER OF THE AUTHORITY OF THE SIGNATORY FOR THE ENTITY TO BIND
IT TO THE TERMS OF THIS PERMIT.

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ACCEPTED:

___________________________________________________________________________________
[NAME AND TITLE OF PERSON SIGNING ON BEHALF OF HOLDER,
DATE
IF HOLDER IS AN ENTITY]
#HOLDER_NAME#
APPROVED:
___________________________________________________________________________________
#AUTHORIZED OFFICER NAME#
DATE
#TITLE#
_________________________ National Forest
USDA Forest Service

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PAPERWORK REDUCTION ACT STATEMENT
According to the Paperwork Reduction Act of 1995, a Federal agency may not conduct or sponsor, and a person is not required to
respond to, an information collection request unless it displays a valid Office of Management and Budget (OMB) control number.
The valid OMB control number for this information collection request is 0596-0082. Response to this information collection request
is required to obtain or retain benefits, specifically, a special use authorization. The authority for this information collection request is
Title V of the Federal Land Policy and Management Act, 43 U.S.C. 1761-1772. The time required to complete this information
collection request is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data
sources, collecting and maintaining the data needed, and completing and reviewing the information collection request. Send
comments regarding this burden estimate or any other aspect of this information collection request, including suggestions for
reducing the burden, to Forest Service Information Collections Officer, SM.FS.InfoCollect@usda.gov, with OMB control number
0596-0082 in the subject line.
PRIVACY ACT STATEMENT
Pursuant to 5 U.S.C. § 552a(e)(3), this Privacy Act statement serves to inform you of the following concerning the collection of the
information on this form.

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Purpose: The Privacy Act of 1974 requires that the Director of Recreation, Heritage, and Volunteer Resources staff and the
Director of Lands, Minerals, and Geology Management staff provide the following statements to individuals from whom they request
information.
Authority: Collection of this information solicited on this form is authorized by Title V of the Federal Land Policy and Management
Act, 43 U.S.C. 1761-1772.

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Routine Uses: The information collected will be used by Forest Service officials to ensure that your use of National Forest System
lands is administered in accordance with applicable statutes, regulations, and directives. The information collected from you is
retained in the Special Uses Data System (SUDS) and is retrieved by the Forest Service create reports for the Agency’s Special
Uses Program, generate bills for collection of land use fees for your authorization, monitor compliance with your special use
authorization, and other matters pertaining to administration of your special use authorization. SUDS is a component of the Forest
Service’s Natural Resources Manager database (NRM). A complete list of the routine uses of NRM can be found in the system of
records notice associated with this form, FS-24.
Disclosure: The submission of this information is required to obtain or retain benefits, specifically, a special use authorization.
NONDISCRIMINATION STATEMENT

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the
USDA, its agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from
discriminating based on race, color, national origin, religion, sex, disability, age, marital status, family/parental status, income
derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or
activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by
program or incident.

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Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print,
audiotape, American Sign Language, etc.) should contact the the State or local Agency that administers the program or contact
USDA through the Telecommunications Relay Service at 711 (voice and TTY). Additionally, program information may be made
available in languages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at
How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the
letter all the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit the completed
form or letter to USDA by (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400
Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov.

USDA is an equal opportunity provider, employer, and lender.

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APPENDIX A
DEFINITIONS
The following definitions apply to this permit and all its appendices.
A. Powerline Facility Infrastructure
1. Conductor. Cable or wire that transmits electricity.
2. Linear Right-of-Way. An authorized right-of-way for a linear facility such as a road, trail, pipeline,
powerline facility, fence, water transmission facility, or fiber optic cable, whose linear boundary is
delineated by its legal description.

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B. Powerline Facility Maintenance

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3. Powerline Facility. One or more electric distribution or transmission lines authorized by a special use
authorization, and all appurtenances to those lines supporting conductors of one or more electric circuits
of any voltage for the transmission of electric energy, overhead ground wires, and communications
equipment that is owned by the holder; that solely supports operation and maintenance of the electric
distribution or transmission lines; and that is not leased to other parties for communications uses that
serve other purposes.

1. Emergency Maintenance. Immediate repair or replacement of any component of a powerline facility
that is necessary to prevent imminent loss, or to redress the loss, of electric service due to equipment
failure in accordance with applicable reliability and safety standards and as identified in an approved
operating plan or agreement.
2. Non-Routine Maintenance. Realigning, upgrading, rebuilding, or replacing an entire powerline facility
or any segment thereof, including reconductoring, as identified in an approved operating plan or
agreement.
(a) Realignment. Moving structures and associated supported cables outside the linear alignment for a
powerline facility due to environmental conditions (see clause II.C of the permit).
(b) Rebuild. Replacement of existing cables as well as the majority of structures typically in the same
linear alignment.

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(c) Re-conductor. Replacement of existing conductor and other cables as applicable, where only very
few structures are replaced, moved, or raised.
(d) Upgrade. Increasing the transfer capability of an existing powerline facility, which may also include a
few structure replacements, adding intermediate structures or raising one or more structures, or ground
removal to ensure conductor clearance.
3. Routine Maintenance. Repair or replacement of any component of a powerline facility due to ordinary
wear and tear, such as repair of broken strands of conductors and overhead ground wire; replacement of
hardware (e.g., insulator assembly) and accessories; maintenance of counterpoise, vibration dampers,
and grading rings; scheduled replacement of decayed and deteriorated wood poles; and aerial or ground
patrols to perform observations, conduct inspections, correct problems, and document conditions to
provide for operation in accordance with applicable reliability and safety standards and as identified in
an approved operating plan or agreement.
C. Vegetation Management
1. Emergency Vegetation Management. Unplanned pruning or felling of vegetation on National Forest
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System lands within the linear right-of-way for a powerline facility and unplanned pruning or felling of
hazard trees on National Forest System lands adjacent to either side of the linear right-of-way that have
contacted or present an imminent danger of contacting the powerline facility to avoid the disruption of
electric service or to eliminate an immediate fire or safety hazard.
2. Flashover. An electric discharge over or around the surface of an insulated conductor that may result
in fire through the ignition of surrounding objects.
3. Hazard Tree. For purposes of vegetation management for a powerline facility, any tree, brush, shrub,
other plant, or part thereof, hereinafter ‘‘vegetation’’ (whether located on National Forest System lands
inside or outside the linear right-of-way for the powerline facility), that has been designated, prior to
failure, by a certified or licensed arborist, qualified vegetation management specialist, or forester under
the supervision of the holder to be:

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(a) Dead; likely to die or fail before the next routine vegetation management cycle; or in a position that,
under geographical or atmospheric conditions, could cause the vegetation to fall, sway, or grow into the
powerline facility before the next routine vegetation management cycle; and

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(b) Likely to cause substantial damage to the powerline facility; disrupt powerline facility service; come
within 10 feet of the powerline facility; or come within the MVCD as determined in accordance with
applicable reliability and safety standards and as identified in the special use authorization for the
powerline facility and the associated approved operating plan or agreement.
4. Maximum Operating Sag. The theoretical position of a conductor when operating at 100 degrees
Celsius, which must be accounted for when determining the MVCD.
5. Minimum Vegetation Clearance Distance (MVCD). A calculated minimum distance that is stated in
feet or meters to prevent flashover between conductors and vegetation for various altitudes and operating
voltages and that is measured from a conductor at maximum operating sag to vegetation on National
Forest System lands within the linear right-of-way for a powerline facility and on National Forest System
lands adjacent to either side of the linear right-of-way for a powerline facility for purposes of felling or
pruning hazard trees, which the holder uses to determine whether vegetation poses a system reliability
hazard to the powerline facility.

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6. Non-Emergency (Routine) Vegetation Management. Planned actions as described in an approved
operating plan or agreement periodically taken to fell or prune vegetation on National Forest System
lands within the linear right-of-way for a powerline facility and on National Forest System lands adjacent
to either side of the linear right-of-way for a powerline facility to fell or prune hazard trees to ensure
normal powerline facility operations and to prevent wildfire in accordance with applicable reliability and
safety standards and as identified in an approved operating plan or agreement.
D. Roads and Trails

1. Access Road or Trail. For purposes of this permit, a road or trail constructed, operated, and
maintained by the holder that is necessary to access a powerline facility or its linear right-of-way.
2. Road or Trail Construction. Building a road or trail where no road or trail has previously existed.
3. Road or Trail Reconstruction. Rebuilding an existing road or trail to increase its capacity, upgrade
drainage crossings, or provide improved access, which may involve increasing the road or trail prism.
4. Road or Trail Maintenance. The upkeep of an entire road or trail within the existing road or trail prism,
including surface and shoulders, parking and side areas, structures, and traffic control devices, that is
necessary to maintain or restore the road or trail in accordance with its original design standards.

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APPENDIX B
LENGTH, WIDTH, ACREAGE, AND LEGAL DESCRIPTION OF THE PERMIT AREA; MVDC; AND
MAPS, SURVEYS, PLATS, SITE PLANS, AND ENGINEERING DRAWINGS OF THE PERMIT AREA
FOR EACH POWERLINE FACILITY

[Name or Other Identifier for Powerline Facility]

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The authorized right-of-way for the [Name or Other Identifier for Powerline Facility] is ____feet wide
and ___ feet long and covers approximately ____ acres in the #TOWNSHIP_SECT_RANGE#
#FIRST_DIVISION# #FIRST_DIV_NAME_NUMBER#, #SECOND_DIVISION#
#SECOND_DIV_NAME_NUMBER#, #THIRD_DIVISION# #THIRD_DIV_NAME_NUMBER#, as shown on
the map included in this appendix.

The MVCD for the [Name or Other Identifier for Powerline Facility] is ____.

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APPENDIX C

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LIST AND LOCATION OF ACCESS ROADS AND TRAILS AND
NATIONAL FOREST SYSTEM ROADS AND NATIONAL FOREST SYSTEM TRAILS
USED BY THE HOLDER

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APPENDIX D

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OPERATING PLAN OR AGREEMENT

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APPENDIX E

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LIST AND LOCATION OF ANCILLARY STRUCTURES OTHER THAN
ROADS, TOWERS, POLES, AND LINES

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APPENDIX F

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ENVIRONMENTAL SITE ASSESSMENTS

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File Typeapplication/pdfFile TitleFS-2700-4j POWERLINE FACILITY PERMIT FOR NON-FEDERAL ENTITIESFile Modified2025:06:23 16:44:33-06:00File Created2024:08:20 13:37:23-06:00
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