FS-2700-10d Communications Use Permit for Use and Occupancy of Struc

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

FS-2700-10d (XX/202X)
OMB No. 0596-0082

U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
COMMUNICATIONS USE PERMIT FOR USE AND OCCUPANCY OF
STRUCTURES UNDER THE JURISDICTION OF THE FOREST SERVICE
AUTHORITY:
Title V of the Federal Land Policy and Management Act, 43 U.S.C. 1761-1772
Section 7 of the Granger-Thye Act, 16 U.S.C. 580d

#HOLDER_NAME# of #HOLDER_ADD_LINE_1#, #HOLDER_CITY#, #HOLDER_STATE#
#HOLDER_ZIP# (hereinafter “the holder”) is authorized to use or occupy National Forest System lands in
the __________ National Forest or ___________unit of the National Forest System, subject to the terms
of this communications use permit for use and occupancy of structures under the jurisdiction of the Forest
Service (the permit).
This permit covers #USE_ACRES# in the #TOWNSHIP_SECT_RANGE# #FIRST_DIVISION#
#FIRST_DIV_NAME_NUMBER#, #SECOND_DIVISION# #SECOND_DIV_NAME_NUMBER#,
#THIRD_DIVISION# #THIRD_DIV_NAME_NUMBER (“the permit area"). The permit area is described or
shown generally in the communications site management plan or on the map dated #DATE# for
#COMM_SITE_NAME# Communications Site in Appendix A.
This permit is issued for the purpose of installation, operation, and maintenance of the following
communications equipment and ancillary improvements (hereinafter “authorized equipment”):
Radio equipment: [specify type and dimensions]
Antennas: [specify location on tower (e.g., on south leg) type, and height]
Ancillary Improvements: [e.g., coaxial cables, backup battery banks, solar panels, and
equipment racks]
Access: [specify access route]
in the following structures under the jurisdiction of the Forest Service (hereinafter “federally owned
structures”):
[List the structures, e.g., towers and buildings, where the authorized equipment will be installed
using the unique identifier for each structure entered in the Engineering module of the Natural
Resource Manager database (NRM).]
The following appendices are incorporated into this permit:

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APPENDIX A: Communications Site Management Plan or Map of the Permit Area

APPENDIX A:
APPENDIX B:
APPENDIX C:
APPENDIX D:

Communications Site Management Plan or Map of the Permit Area
Calculation of the Annual Land Use Fee
Granger-Thye Fee Offset Agreement
Granger-Thye Fee Offset Claim

I. GENERAL TERMS
A. AUTHORITY. This permit is issued pursuant to Title V of the Federal Land Policy and Management

Act, 43 U.S.C. 1761-1772, Section 7 of the Granger-Thye (GT) Act, 16 U.S.C. 580d, and 36 CFR Part
251, Subpart B, as amended, and is subject to their provisions.
B. AUTHORIZED OFFICER. The authorized officer is 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#. 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. Prior to expiration of
this permit, the holder may apply for a new permit for the use and occupancy authorized by this permit.
Applications for a new permit must be submitted at least 6 months prior to expiration of 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 are 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. Any amendments
to this permit under this clause must be in writing and must be signed and dated by the authorized officer.
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. NON-EXCLUSIVE USE. The use or occupancy authorized by this permit is not exclusive. The
Forest Service reserves 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. The Forest Service reserves the right to allow
others to use 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 authorized officer agree are necessary to protect the installation and operation of authorized
temporary improvements, the lands and waters covered by this permit shall remain open to the public for
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all lawful purposes.
H. ASSIGNABILITY. This permit is not assignable or transferable.
I. TRANSFER OF TITLE TO THE IMPROVEMENTS
1. Notification of Transfer. The holder shall notify the authorized officer when a transfer of title to all or
part of the authorized improvements is planned.
2. Transfer of Title. Any transfer of title to the improvements covered by this permit 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 improvements 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 improvements. 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
exercise management authority over the actions or operations of the business.
2. Effect of Change in Control. Any change in control of the business entity as defined in paragraph 1 of
this clause shall result in termination of this permit. The party acquiring control must submit an
application for a special use permit upon issuance of a new permit to another party for the use and
occupancy authorized by this 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.

K. CONVEYANCE OF LANDS OR TITLE OR JURISDICTION OF THE IMPROVEMENTS COVERED
BY THIS PERMIT. The authorized officer shall give the holder at least 90 days prior written notice of any
pending conveyance of the lands or transfer of title or jurisdiction of the improvements covered by this
permit. With the holder’s consent, the Forest Service may convey the lands or transfer of title or
jurisdiction of the improvements covered by this permit without reserving the right-of-way granted by this
permit. If the holder does not consent to conveyance without reservation of the right-of-way, the Forest
Service may convey the lands or transfer of title or jurisdiction of the improvements covered by this permit
only if the lands are subject to the right-of-way granted by this permit.

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II. IMPROVEMENTS
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 authorized by this permit. Any use not
specifically authorized by this permit must be proposed in accordance with 36 CFR 251.54. Approval of
such a proposal 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, alteration, or
installation of authorized equipment, as well as revisions to those drawings, must be prepared by a
professional engineer, 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.
C. AUTHORIZED EQUIPMENT CONSTRUCTION AND INSTALLATION SCHEDULE. The holder and
the Forest Service jointly shall prepare an authorized equipment construction and installation schedule,
which shall be incorporated as Appendix __________ to this permit, before any construction or
installation occurs in the permit area. The authorized equipment construction and installation schedule
shall list authorized equipment to be constructed and installed in order of priority, the starting date for its
construction and installation, and the due date for its completion. All required plans and specifications for
the authorized equipment included in the authorized equipment construction and installation schedule
shall be properly certified and submitted to the authorized officer at least 45 days before the starting date
for the construction and installation. The holder may accelerate the scheduled date for completion of any
construction or installation, provided construction and installation of the other scheduled authorized
equipment are completed on time and to the satisfaction of the authorized officer. Any other changes to
the authorized equipment construction and installation schedule must have prior written approval from the
authorized officer. Pursuant to clause IV.J, the authorized officer may require a performance bond for
authorized equipment constructed and installed under an authorized equipment construction and
installation schedule.
D. COMMENCEMENT OF OPERATIONS. Operations under this permit shall commence on the date
specified in the authorized equipment construction and installation schedule. This permit shall terminate
if operations under this permit do not commence by that date, unless the parties agree in writing, in
advance, to an extension of the commencement date.
E. MODIFICATION, REPLACEMENT, DECOMISSIONING, OR TRANSFER OF OWNERSHIP OF THE
FEDERALLY OWNED STRUCTURES. The authorized officer has sole discretion to determine whether
to modify, replace, or decommission any of the federally owned structures to optimize the Forest
Service’s operations or to transfer ownership of any of the federally owned structures. If the authorized
officer determines that any of the federally owned structures needs to be modified or replaced, the Forest
Service has no obligation to design the modification or replacement of the federally owned structures
beyond the Forest Service’s operational needs, as determined by the Forest Service, to accommodate
the holder’s equipment. If the Forest Service in its sole discretion determines that the authorized
equipment cannot be accommodated in or on the federally owned structures as modified or replaced, this
permit shall terminate as to those federally owned structures as modified or replaced. If the authorized
officer decides to decommission or transfer ownership of any of the federally owned structures, this permit
shall terminate as to those federally owned structures.
III. OPERATIONS
A. COMMUNICATIONS SITE MANAGEMENT PLAN. All operation and maintenance of authorized
equipment installed in or on the federally owned structures shall be consistent with the applicable
communications site management plan and shall require prior written approval from the authorized

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officer. The Forest Service reserves the right to modify the communications site management plan as
deemed necessary by the authorized officer.
B. COMPLIANCE WITH APPLICABLE COMMUNICATIONS REQUIREMENTS. Use of
communications equipment under this permit is contingent upon possession of a valid Federal
Communications Commission (FCC) license or National Telecommunications and Information
Administration (NTIA) authorization, as applicable, and must be in strict compliance with the requirements
of the FCC or NTIA. A current copy of each FCC license or NTIA authorization shall be maintained by the
holder for each transmitter being operated in or on the federally owned structures. Upon request, the
holder shall provide the authorized officer with a current copy of all FCC licenses and NTIA authorizations
for communications equipment in or on the federally owned structures.
C. OPERATION OF COMMUNICATIONS EQUIPMENT. The holder shall ensure that all authorized
equipment in or on the federally owned structures operates in a manner that will not cause harmful
interference with the operation of existing communications equipment in or on the federally owned
structures or in the vicinity of the #COMM_SITE_FCLTY_NAME# Communications Site. If the authorized
officer or authorized FCC official determines that use of any authorized equipment installed in or on the
federally owned structures interferes with operation of existing communications equipment, the holder
shall promptly take the necessary steps to eliminate or reduce the harmful interference to the satisfaction
of the authorized officer or authorized FCC official.
D. TECHNICAL INFORMATION. Upon request, the holder shall furnish the authorized officer with
technical information concerning the authorized equipment installed in or on the federally owned
structures. Both the authorized officer and the holder shall follow applicable federal guidelines when
dealing with classified or sensitive security information.
E. CONDITION OF OPERATIONS. The holder shall maintain the authorized equipment and permit area
to 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. 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 this permit. Over-snow vehicle use
shall be consistent with designations made under 36 CFR Part 212, Subpart C, unless specifically
provided otherwise in this permit.
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 authorized equipment 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 authorized equipment. 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. CUTTING, DISPOSAL, AND PLANTING OF VEGETATION. This permit does not authorize the
cutting of trees, brush, shrubs, and other plants (“vegetation”). Vegetation may be cut, destroyed, or
trimmed only after the authorized officer or the authorized officer’s designated representative has
approved in writing and marked or otherwise identified what may be cut, destroyed, or trimmed. The
holder shall notify the authorized officer when approved cutting, destruction, or trimming of vegetation has
been completed. Felled trees in the permit area that meet utilization standards must be disposed of by
the Forest Service per 36 CFR Part 223 by sale or without charge, as may be most advantageous to the

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United States as determined by the Forest Service. Planting of vegetation in the permit area must have
prior written approval from the authorized officer.
I. SIGNAGE. Signage posted on National Forest System lands must have prior written approval from
the authorized officer, unless the signage is required by the FCC or the Occupational Safety and Health
Administration.
J. REFUSE DISPOSAL. The holder shall comply with all applicable federal, state, and local
requirements related to the disposal of refuse resulting from the use and occupancy authorized by this
permit.
K. ALTERATION OF FEDERALLY OWNED STRUCTURES. If during the term of this permit any
federally owned structures are altered in any way, the material, equipment, fixtures or other
appurtenances that are affixed to or made a part of those federally owned structures in connection with
the alteration shall become the property of the United States, regardless of whether the work is performed
by the holder or any other party. The holder shall not be entitled to any compensation for that property,
other than to the extent it qualifies for GT fee offset under clause VI.D.
IV. RIGHTS AND LIABILITIES
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 under mining and mineral leasing laws of the United States. The United States 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 authorized equipment and federally
owned structures 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 environmental hazards. Loss to the authorized equipment and federally
owned structures 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 any authorized
equipment or federally owned structures are destroyed or substantially damaged, the authorized officer
shall conduct an analysis to determine whether the authorized equipment or federally owned structures
can be safely occupied in the future and whether rebuilding should be allowed. If rebuilding is not
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allowed, this permit shall terminate as to that authorized equipment or those federally owned structures.
If the authorized officer determines that the permit area cannot be safely occupied due to a public health
or safety or environmental hazard, this permit shall terminate. Termination under this clause shall not
give rise to any claim for damages, including lost profits and the value of the iauthorized equipment and
federally owned structures, 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 that are associated with the use and
occupancy authorized by this permit. 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 the federally
owned structures.
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 not be 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 administrative, legal (including
attorney's fees), and other costs. Such costs may be deducted from a performance bond required under
clause IV.J.
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, or contractors to the same extent as provided
under clause IV.F.1, except that liability shall not include reasonable and ordinary wear and tear.
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
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.

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3. 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.
4. 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, or contractors 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
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 United States. 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.
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 or occupancy authorized by
this permit. This indemnification provision includes but is not limited to acts and omissions of the holder
or the holder's heirs, assignees, agents, employees, or contractors 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 solid waste, hazardous waste, hazardous materials, pollutant,
contaminant, oil in any form, or petroleum product 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. 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
and installation of communications equipment 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 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.
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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 authorized improvements
are to be removed and the permit area restored.

K. PROPERTY INSURANCE. The holder shall have in force property insurance for [identify the Federal
property to be insured] in the minimum amount of $#AMOUNT#, which represents [replacement in
kind/functional replacement] of the insured property. The types of loss to be covered by this clause shall
include but not be limited to damage to the federally owned improvements covered by this permit. At the
sole discretion of the authorized officer, the Forest Service may require the holder to use all proceeds
from property damage insurance policies to repair, rebuild, restore, or replace damaged Government
property covered by the policy, or may obtain payment of those proceeds from the holder or the insurance
company.

E. RISK OF LOSS. The holder assumes all risk of loss to the authorized equipment and federally
owned structures 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 environmental hazards. Loss to the authorized equipmet and federall owned
structures 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 any authorized
equipment or federally owned structures are destroyed or substantially damaged, the authorized officer
shall conduct an analysis to determine whether that authorized equipment or those federally owned
structures can be safely occupied in the future and whether rebuilding should be allowed. If rebuilding is
not allowed, this permit shall terminate as to that authorized equipment or those federally owned
structures. If the authorized officer determines that the permit area cannot be safely occupied due to a
public health or safety or environmental hazard, this permit shall terminate. Termination under this clause
shall not give rise to any claim for damages, including lost profits and the value of the authorized
equipment and federally owned structures, by the holder against the Forest Service.
F. 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.
G. ENVIRONMENTAL PROTECTION
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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.G and section V, “hazardous material”
shall mean (a) any hazardous substance under section 101(14) of the Comprehensive Environmental
Response, Compensation, and Liability Act (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 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. 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.
4. 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, or contractors 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
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.
H. LIABILITY FOR INJURY. As an agency of the United States, the holder is limited by federal law as
to the assumption of liability for its acts or omissions. The holder agrees, within its legal limitations and
limitations of appropriations, to be responsible for all damages arising from injury to persons or property
associated with the use and occupancy authorized by this permit. The holder further agrees, to the extent
legally permissible, to use its appropriations and resources as required to pay any claims and to repair
damage to the federal lands covered by this permit. The Forest Service is exempt from any burdens,
other than administrative costs, which may arise in connection with the use and occupancy authorized by
this permit.
V. RESOURCE PROTECTION
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
Page 10 of 26

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, installation, operation, and maintenance of the
authorized improvements.
C. VANDALISM. The holder shall take reasonable measures to prevent and discourage vandalism and
disorderly conduct and when necessary shall contact the appropriate law enforcement officer.
D. PESTICIDE USE
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
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.
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.
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
Page 11 of 26

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
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. 1531 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 at the site without prior written approval from the authorized officer. This approval shall 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.

1. If the holder receives consent to store hazardous material, the holder shall identify to the Forest
Service any hazardous material to be stored at the site. 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.
Page 12 of 26

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.J.
3. The holder shall not release any hazardous material onto land or into rivers, streams, impoundments,
or natural or artificial channels leading to them. All prudent and safe attempts must be made to contain
any release of these materials. The authorized officer in charge may specify specific conditions that must
be met, including conditions more stringent than federal, state, and local 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.
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
A. DEFINITIONS
1. Maintenance. Actions taken to keep fixed assets in an acceptable condition, including preventive
maintenance, normal repairs, replacement of parts and structural components, and other activities
needed to preserve a fixed asset so that it continues to provide acceptable service and achieves its
expected life, and work needed to comply with laws, regulations, codes, and other legal requirements as
long as the original intent or purpose of the fixed asset is not changed, but not including activities aimed
at expanding the capacity of an asset or otherwise upgrading it to serve needs different from or
significantly greater than those originally intended, such as construction of new facilities.
2. Improvement. Advancing a fixed asset to a better quality or state or adding a new fixed asset to the
authorized improvements under the permit, including replacement, such as, substitution of a fixed asset
or any of its components with one having essentially the same capacity and purpose. Improvement is
always the responsibility of the Forest Service rather than the holder.
3. Reconditioning or Renovation. A type of maintenance, other than construction of new facilities, that
rehabilitates an existing fixed asset or any of its components to restore the functionality or life of the
asset.
4. Holder Maintenance, Reconditioning, or Renovation. Maintenance, reconditioning, or renovation
(MRR) that neither materially adds to the value of the property nor appreciably prolongs its life and that
serves only to keep the facility in an ordinary, efficient operating condition, such as, from an accounting or
tax perspective, work that may be expensed, but not capitalized, including but not limited to interior
Page 13 of 26

painting, vandalism repair, repair of broken windows, light bulb replacement, cleaning, preventive
maintenance, minor vegetation management, and routine housekeeping.
5. Government Maintenance, Reconditioning, Renovation, or Improvement. Maintenance
reconditioning, renovation, or improvement (MRRI) that arrests deterioration, improves and upgrades
facilities, and appreciably prolongs the life of the property, including but not limited to installing a new roof,
new floor, or new siding; upgrading facilities; installing utilities such as electrical grounding systems; and
performing exterior painting and refinishing (other than repair of unsightly visual marks caused by
everyday use) and that is performed at the sole discretion of the authorized officer.

B. LAND USE FEE. The holder is exempt from a land use fee pursuant to 36 CFR 251.57 and Forest
Service Handbook 2709.11, Chapter 30.
C. HOLDER MRR. The holder at its expense shall perform holder MRR as approved by the Forest
Service.
D. GOVERNMENT MRRI. The Forest Service and holder may enter into a separate collection
agreement for the holder to conduct Government MRRI.

E. UTILITY COSTS. The holder shall pay the holder’s proportionate share of the cost to operate and
maintain utilities that are owned and operated by the Forest Service and that serve the permit area, and
the cost of utilities such as electricity and telephone service that are paid for by the Forest Service and
that serve the permit area. The holder shall deposit funds into a Forest Service account at times and in
amounts specified by the authorized officer to cover the holder’s proportionate share of the cost of these
utilities. Any amounts deposited exceeding the cost of these utilities shall be refunded to the holder.

B. LAND USE FEES. The annual land use fee for this permit shall consist of the applicable fee for the
use of National Forest System lands from the Rental Fee Schedule for Communications Uses and a fee
for the use of the federally owned structures. All or part of the annual land use fee is subject to offset in
accordance with clauses VI.D.
1. Fee for Use of National Forest System Lands. The holder shall pay in advance an annual fee for the
use of National Forest System lands in accordance with the Rental Fee Schedule for Communications
Uses in Forest Service Handbook 2709.11, Chapter 90. The annual fee for the use of National Forest
System lands shall be adjusted annually using the Consumer Price Index-Urban (CPI-U).
2. Fee for Use of Federally Owned Structures. The holder shall pay in advance an annual fee for use of
federally owned structures, which shall be 6 percent of their replacement value, divided by the holder’s
proportionate use of the occupied space in or on the federally owned structures. The fee for use of
federally owned structures is calculated and documented in Appendix B of this permit. The replacement
value of the federally owned structures and the holder’s proportionate use of the federally owned
structures shall be updated as appropriate by the authorized officer and reflected in Appendix B of this
permit.

Page 14 of 26

C. MODIFICATION OF THE LAND USE FEE. The land use fee may be revised whenever necessary to
reflect the market value of the authorized use or occupancy or when the fee system used to calculate the
land use fee is modified or replaced.
D. GT FEE OFFSET. Pursuant to 16 U.S.C. 580d, the Forest Service may offset all or part of the annual
land use fee by the cost of Government MRRI performed at the holder’s expense.
1. GT Fee Offset Agreement. Before issuance of this permit, the Forest Service and the holder shall
execute a GT fee offset agreement using Appendix C of this permit that specifies the Government MRRI
that may be used to offset the annual land use fee. A multi-year GT fee offset agreement may be
executed only if payment of the annual land use fee is consolidated. Otherwise, a GT fee offset
agreement may cover no more than one year. The GT fee offset agreement shall enumerate the types of
costs that are eligible for GT fee offset; the Government MRRI that may be used to offset the annual land
use fee; whether the holder or the Forest Service shall perform the Government MRRI; the estimated
costs of the Government MRRI based on the types of costs that are eligible for GT fee offset; and the
schedule and standards for completion of the Government MRRI.
2. Holder-Performed Government MRRI
(a) Offset of the Cost of Government MRRI in Lieu of Cash Payments. Notwithstanding clause VI.B, the
cost of Government MRRI performed by the holder pursuant to a GT fee offset agreement as provided in
clause VI.D.1 may be offset in lieu of cash payments against the annual land use fee, provided that the
Government MRRI has been accomplished in accordance with the GT fee offset agreement and has
been accepted as completed by the Forest Service before the end of the holder’s fiscal year. In the
absence of a GT fee offset agreement, payment of the annual land use fee shall be made in accordance
with clause VI.B.
(b) Offset for Forest Service Oversight of Large-Scale Government MRRI Performed by the Holder. The
Forest Service may include in the GT fee offset agreement the cost of a Forest Service employee
administering and overseeing large-scale Government MRRI performed by the holder. For purposes of
this clause only, large-scale Government MRRI costs $#AMOUNT# or more.
(c) Documentation of Expenses. Prior to offset of the cost of Government MRRI, the holder shall submit
sufficient documentation to allow the authorized officer to determine that the costs claimed are allocable
to the GT fee offset agreement, actual, reasonable, allocable, and allowable.
3. Forest Service-Performed Government MRRI
(a) Offset of the Cost of Government MRRI in Lieu of Cash Payments. Notwithstanding clause VI.B, the
cost of Government MRRI performed by the Forest Service or a Forest Service contractor at the holder’s
expense pursuant to a GT fee offset agreement as provided in clause VI.D.1, and a collection agreement
executed by the authorized officer and the holder under section 5 of the GT Act, 16 U.S.C. 572, may be
offset in lieu of cash payments against the annual land use fee. In the absence of a GT fee offset
agreement, payment of the annual land use fee shall be made in accordance with clause VI.B.
(b) Payments. The holder shall deposit land use fees annually into a Forest Service account. All
deposits shall be retained by the Forest Service until expended or, if unutilized in 5 years, shall be
deposited into the U.S. Treasury.
E. HOLDER MRR. The holder at its expense shall perform holder MRR as defined in clause VI.A.4 of
this permit as approved by the Forest Service. The costs of holder MRR may not be used to offset the
annual land use fee under clause VI.D.

Page 15 of 26

F. UTILITY COSTS. The holder shall pay the holder’s proportionate share of the cost to operate and
maintain utilities that are owned and operated by the Forest Service and that serve the permit area, and
the cost of utilities such as electricity and telephone service that are paid for by the Forest Service and
that serve the permit area. The holder shall deposit funds into a Forest Service account at times and in
amounts specified by the authorized officer to cover the holder’s proportionate share of the cost of these
utilities. Any amounts deposited exceeding the cost of these utilities shall be refunded to the holder.
G. LAND USE FEE PAYMENTS
1. Due Date and Crediting of Land Use Fee Payments. Land use fees are due January 1 of each year.
Payments in the form of a check, draft, money order, or credit card shall be made payment to USDA,
Forest Service. 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 Land Use 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 fees and
utility costs not paid within 30 days from the date they 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.
(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 charges, 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 fees,
utility costs, 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, utility costs, 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, referral 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.
(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.

Page 16 of 26

VII. REVOCATION, SUSPENSION, AND TERMINATION

A. REVOCATION AND SUSPENSION
1. The authorized officer may not revoke or suspend this permit without the consent of the head of the
agency that holds this permit.
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.

A. REVOCATION AND SUSPENSION
1. The authorized officer may revoke or suspend this permit in whole or in part:
(a) For noncompliance with federal, state, or local law;
(b) For noncompliance with the terms of this permit;
(c) For abandonment or other failure of the holder to exercise the privileges granted; or
(d) At the discretion of the authorized officer, for specific and compelling reasons in the public interest.
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 and 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, typically not to exceed 90
days, to cure any noncompliance.
B. 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 on-site review with the authorized officer’s superior of the
adverse conditions prompting the suspension. The authorized officer’s superior shall grant this request
within 48 hours. Following the on-site review, the authorized officer’s superior shall promptly affirm,
modify, or cancel the suspension.
C. 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.
D. 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. Examples include but are not limited to
expiration of the permit by its terms on a specified date and, in the case of a permit issued to a business
Page 17 of 26

entity, termination upon change of control of the business entity. Termination of this permit shall 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.

E. RIGHTS AND RESPONSIBILITIES UPON REVOCATION OR TERMINATION WITHOUT
ISSUANCE OF A NEW PERMIT. Upon revocation or termination of this permit without issuance of a new
permit, the holder shall remove all structures and improvements, except those owned by the United
States, within a reasonable period prescribed by the authorized officer and shall restore the site to the
satisfaction of the authorized officer. If the holder fails to remove all structures and improvements 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. However, the holder shall remain liable
for all costs associated with their removal, including costs of sale and impoundment, cleanup, and
restoration of the site.

E. RIGHTS AND RESPONSIBILITIES UPON REVOCATION OR TERMINATION WITHOUT
ISSUANCE OF A NEW PERMIT. Upon revocation or termination of this permit without issuance of a new
permit, the holder shall remove within a reasonable period prescribed by the authorized officer all
structures and improvements installed by the holder in the permit area and shall restore the site to the
satisfaction of the authorized officer.
F. 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.
G. 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 holder’s improvements, the
relocation will be conducted by and at the expense of the holder within a reasonable period specified by
the authorized officer.

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 when, in the judgment of the Federal Power Commission, the lands
in question are needed for the development of hydroelectric power or, in the judgment of the Bureau of
Page 18 of 26

Reclamation, the lands in question are needed for reclamation purposes. The holder shall have 90 days
to remove the authorized improvements. 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.
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 holder and the Forest Service 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 a special use authorization designated
#PREV_REISSUE_HOLDER#, #PREV_AUTH_ID#, dated #PREV_REIS_ISSUE_DATE#.
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 ACCEPTED 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.
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

Page 19 of 26

APPENDIX A
COMMUNICATIONS SITE MANAGEMENT PLAN OR MAP OF PERMIT AREA

Page 20 of 26

APPENDIX B
CALCULATION OF THE ANNUAL LAND USE FEE
Annual land use fee = annual fee for use of federally owned structures +
annual fee from Communications Use Rental Fee Schedule
Annual fee for use of federally owned structures = 6 percent of their replacement value (FSM
2715.13) multiplied by holder’s proportionate use of federally owned structures based on
their total square footage or height
Table 1: Annual Equipment Shelter Fee

Equipment shelter replacement value
6% of replacement value
Square footage of equipment shelter
Square footage of holder’s use
Holder’s proportionate use of equipment
shelter
Equipment shelter fee

[from NRM, $10,000]
[$10,000 x .06 = $600]
[150]
[20]
[square footage of holder’s use divided by square
footage of equipment shelter, 20 ÷ 150 = .133]
[6% of replacement value multiplied by holder’s
proportionate use, $600 x .133 = $79.80]

Table 2: Annual Antenna Support Structure Fee

Antenna support replacement value
6% of replacement value
Height of antenna support structure in feet
Number of sides of antenna support
structure
Total linear feet of antenna support structure
Linear footage of holder’s use
Holder’s proportionate use of antenna
support structure
Antenna support structure fee

[from NRM, $30,000]
[$30,000 x .06 = $1,800]
[75]
[3 for a triangular-shaped lattice tower]
[height x number of sides, 75 x 3 = 225]
[10]
[linear footage of holder’s use divided by total linear
feet of antenna support structure, 10 ÷ 225 = .044]
[6% of replacement value multiplied by holder’s
proportionate use, $1,800 x .044 = $79.20]

Table 3: Total Annual Fee for Federally Owned Structures

Total equipment shelter fee
Total antenna support structure fee
Total fee for federally owned structures

[$79.80]
[$79.20]
[$79.80 + $79.20 = $159.00]

Table 4: Total Annual Land Use Fee

Annual Fee for Federally Owned Structures
Annual Fee from Communications Use Rental
Fee Schedule
Total Land Use Fee

[$159.00]
[$671.97]
[$159.00 + $671.97 = $830.97]

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APPENDIX C
GRANGER-THYE FEE OFFSET AGREEMENT FOR
COMMUNICATIONS USE PERMIT FOR USE AND OCCUPANCY OF
STRUCTURES UNDER THE JURISDICTION OF THE FOREST SERVICE
AUTHORITY:
Section 7 of the Granger-Thye Act, 16 U.S.C. 580d
1. The Parties. This Granger-Thye (GT) fee offset agreement (agreement) is entered into by
#HOLDER_NAME (the holder) and the United States Department of Agriculture, Forest Service, #NAME#
National Forest (Forest Service), under section 7 of the GT Act, 16 U.S.C. 580d, and clause VI.D.1 of the
communications use permit for the use and occupancy of structures under the jurisdiction of the Forest
Service issued to the holder on #DATE# (the permit). This agreement covers fiscal year[s] [year or
years].
2. Land Use Fee Offset. The total estimated annual land use fee is $#AMOUNT#. All or part of the
annual land use fee may be offset in accordance with this agreement by the amount of allowable costs
incurred by the holder for the Government MRRI listed below. Examples of allowable costs include
salaries, wages, materials, supplies, subcontracts that are direct costs of Government MRRI, and indirect
costs based on an approved indirect cost rate.
3. Term and Reconciliation of Costs. This agreement covers [calendar year [year]/calendar years
[years]]. If this agreement does not involve a consolidated land use fee payment, the estimated and
actual costs of Government MRRI performed under this agreement shall not exceed the total annual land
use fee. If this agreement involves a consolidated land use fee payment, the total estimated and actual
costs of Government MRRI performed under this agreement shall not exceed the total amount of the
consolidated land use fee payment, and estimated and actual costs of Government MRRI performed
under the agreement must be reconciled annually against the consolidated land use fee payment and
documented in the notes column of the table below.

4. Holder-Performed Government MRRI. The holder shall perform the Government MRRI itemized
below by the date specified and within the holder’s fiscal year for the year the annual land use fee is due
or within the period payment of the annual land use fee is consolidated. The Forest Service may modify
the Government MRRI and dates as necessary, after consultation with the holder. Upon a determination
by the Forest Service that the Government MRRI has been satisfactorily completed by the holder, the
holder shall submit to the Forest Service documentation of the actual costs of the Government MRRI and
shall certify that the representations in that documentation are accurate and complete. The certification
(Appendix D of this permit) shall be signed and dated and shall state that failure to sign the certification
shall vitiate the GT fee offset claim. The Forest Service shall verify that documentation before offsetting
the holder’s land use fee and reserves the right not to offset the holder’s land use fee if any
representations in the documentation are inaccurate or incomplete.

Page 22 of 26

4. Forest Service-Performed Government MRRI. The Forest Service or a Forest Service contractor shall
perform the Government MRRI itemized below by the date specified and within the year the holder’s
annual land use fee is due or within the period payment of the annual land use fee is consolidated. The
holder shall deposit land use fees annually within the holder’s fiscal year into a Forest Service account in
accordance with a collection agreement executed by the authorized officer and the holder under section 5
of the GT Act, 16 U.S.C. 572. The Forest Service may modify the Government MRRI and due dates as
necessary. The Forest Service shall document the costs of the Government MRRI performed by the
Forest Service or a Forest Service contractor.
Table 5: [Forest Service or Holder] - Performed Government MRRI

[Forest Service/Holder] Performed Government
MRRI
Large-scale hazard tree
mitigation
Replacement of equipment
shelter roof
Prepping and painting of
exterior buildings with
approved color

Calendar
Year to be
Initiated

Due Date

Estimated Costs

Completion
Actual
Date
Costs

Notes

Tools $

Shingles $

Paint Supplies $

[Additional items]
Subtotals
Total Cost of Government
MRRI
Total Annual Land Use Fee
Balance

5. Davis-Bacon Act Requirements. This agreement is subject to the Davis-Bacon Act, 40 U.S.C. 3141 et
seq., and its implementing regulations at 29 CFR 5.5. These regulatory requirements are incorporated by
reference into this agreement as if fully set forth in this agreement.

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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

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APPENDIX D
GT FEE OFFSET CLAIM FOR
COMMUNICATIONS USE PERMIT FOR USE AND OCCUPANCY OF
STRUCTURES UNDER THE JURISDICTION OF THE FOREST SERVICE
___________________NATIONAL FOREST
___________________RANGER DISTRICT
AUTHORIZATION ID: #AUTH_ID#
Description of Government MRRI: [

]

Holder’s Fiscal Year (FY): [

]

This Granger-Thye (GT) fee offset claim (fee offset claim) is submitted by #HOLDER_NAME# (the holder)
under section 7 of the GT Act, 16 U.S.C. 580d, clause VI.D of the communications use permit for use and
occupancy of structures under the jurisdiction of the Forest Service issued to the holder on #DATE# (the
permit), and the GT fee offset agreement executed by the holder and the Forest Service on #DATE# (GT
fee offset agreement).
All or part of the holder’s annual land use fee under the permit may be offset in accordance with the GT
fee offset agreement by the amount of allowable costs incurred by the holder for Government
maintenance, reconditioning, renovation, and improvement (MRRI) listed in the GT fee offset agreement.
Total allowable costs of Government MRRI included in this GT fee offset claim are the sum of direct costs
and indirect costs allocable to the Government MRRI listed in the GT fee offset agreement. Costs
submitted under this GT fee offset claim shall be documented by the holder as provided below and shall
be determined by the Forest Service to be actual, reasonable, allocable, and allowable, in accordance
with the terms of the permit, the GT fee offset agreement, and applicable Forest Service directives.
The holder shall itemize direct costs of Government MRRI performed by the holder under the GT fee
offset agreement and attach documentation for all itemized direct costs.
Indirect costs of Government MRRI shall be computed using the Forest Service-approved indirect cost
rate. The Forest Service-approved indirect cost rate for FY [ ] is attached.
Approval of this GT fee offset claim is subject to the terms of the permit and GT fee offset agreement.
DIRECT COSTS
Salaries and Wages
Materials and Supplies
Subcontracts
Other (specify)
Sum of Direct Costs

$
$
$
$
$

INDIRECT COSTS ([#AMOUNT#%] x direct costs)

$

TOTAL GT FEE OFFSET CLAIM

$

Subject to the penalties prescribed in the False Statements Act, 18 U.S.C. 1001, the holder certifies to the
best of its knowledge that the representations in this GT fee offset claim and its supporting documents are
accurate and complete. The Forest Service reserves the right not to grant this GT fee offset claim if any
Page 25 of 26

representations in this GT fee offset claim are inaccurate or incomplete. Failure to sign this GT fee offset
claim shall vitiate the claim.
___________________________________________________________________________________
[NAME AND TITLE OF PERSON SIGNING ON BEHALF OF HOLDER,
DATE
IF HOLDER IS AN ENTITY]
#HOLDER_NAME#
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond,
to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information
collection is 0596-0082. The time required to complete this information collection is estimated to average 1 hour per response,
including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information.
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.
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 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 of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your 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.
The Privacy Act of 1974 (5 U.S.C. 552a) and the Freedom of Information Act (5 U.S.C. 552) govern the confidentiality to be provided
for information received by the Forest Service.

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