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US Department of Agriculture 4/3/2017
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US Department of Agriculture 4/3/2017
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Entry Properties
Last modified
5/23/2017 11:01:32 AM
Creation date
5/23/2017 11:01:25 AM
Metadata
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Template:
Contracts
Contractor's Name
US Department of Agriculture
Approval Date
4/3/2017
Council Approval Date
3/29/2017
Department
Parks
Department Project Manager
Lori Cummings
Subject / Project Title
Special Use Permit for Outfilling and Guiding
Tracking Number
0000632
Total Compensation
$0.00
Contract Type
Agreement
Retention Period
6 Years Then Destroy
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• <br /> this permit to be renewed,the holder must notify the authorized officer in writing at least six months before this permit <br /> expires.The decision whether to issue a new permit to the holder is at the sole discretion of the Forest Service.The <br /> authorized officer may prescribe new terms and conditions when a new permit is issued. <br /> E.AMENDMENT.This permit may be amended in whole or in part by the Forest Service when, at the discretion of the <br /> authorized officer, such action is deemed necessary or desirable to incorporate new terms that may be required by law, <br /> regulation,directive,the applicable forest land and resource management plan, or projects and activities implementing a <br /> land management plan pursuant to 36 CFR 215. <br /> F.COMPLIANCE WITH LAWS, REGULATIONS,AND OTHER LEGAL REQUIREMENTS.In exercising the rights and <br /> privileges granted by this permit,the holder shall comply with all present and future federal laws and regulations and all <br /> present and future state, county,and municipal laws, regulations,and other legal requirements that apply to the permit <br /> area,to the extent they do not conflict with federal law, regulation,or policy.The Forest Service assumes no responsibility <br /> for enforcing laws, regulations,and other legal requirements that fall under the jurisdiction of other governmental entities. <br /> G.NON-EXCLUSIVE USE.The use and occupancy authorized by this permit are not exclusive.The Forest Service <br /> reserves the right of access to the permit area, including a continuing right of physical entry to the permit area for <br /> inspection, monitoring,or any other purpose consistent with any right or obligation of the United States under any law or <br /> regulation.The Forest Service reserves the right to allow others to use the permit area in any way that is not inconsistent <br /> with the holder's rights and privileges under this permit,after consultation with all parties involved. Except for any <br /> restrictions that the holder and the authorized officer agree are necessary to protect the installation and operation of <br /> authorized temporary improvements,the lands and waters covered by this permit shall remain open to the public for all <br /> lawful purposes. <br /> H.CHANGE IN CONTROL <br /> 1.Notification.The holder shall notify the authorized officer when a change in control of the business entity that holds this <br /> permit is contemplated. If the holder is a corporation,change in control means the sale or transfer of a controlling interest <br /> in the corporation. If the holder is a partnership or a limited liability company, change in control means the sale or transfer <br /> of a controlling interest in the partnership or limited liability company. If the holder is an individual, change in control means <br /> the sale or transfer of the business to another party. <br /> 2.Termination.This permit is not transferable.Any change in control of the business entity as defined in clause I.H.1 <br /> shall cause this permit to terminate upon issuance of a new permit to another party for the use and occupancy authorized <br /> by this permit.The party who acquires control of the business entity must submit an application for a permit for the type of <br /> use and occupancy authorized by this permit. Issuance of a new permit to the party acquiring control shall be at the sole <br /> discretion of the authorized officer.The authorized officer shall determine that the applicant meets requirements under <br /> federal regulations. <br /> I.LIMITATIONS. Nothing in this permit gives or implies permission to build or maintain any structure or facility or to <br /> conduct any activity, unless specifically provided for in this permit.Any use not specifically identified in this permit must be <br /> proposed in accordance with 36 CFR 251.54.Approval of such a proposal through issuance of a new permit or permit <br /> amendment is at the sole discretion of the authorized officer. <br /> II.OPERATIONS <br /> A.FIVE-YEAR OPERATING PLAN.The 5-year operating plan,which shall be attached to this permit as Appendix B,shall <br /> be submitted by the holder and approved by the authorized officer before the holder conducts any services authorized by <br /> this permit.The holder shall prepare, annually review, and reviseas needed the 5-year operating plan by January 1, in <br /> consultation with the authorized officer.At a minimum,the five-year operating plan shall include(1)the season of use for <br /> authorized outfitting and guiding activities, including the start and stop date of operations; (2)limitations on use <br /> established by the Forest Service(including fire restrictions); (3)the fee calculation option to be used and a completed <br /> Estimated Fee Determination Sheet(appendix D); and(4)any of the following that are applicable: (a)a process for <br /> submitting trip itineraries(appendix C); (b)guidelines and limits for incidental grazing; (c)location and layout of assigned <br /> sites to be used for base,spike, and drop camps or other purposes;and(d)authorized temporary improvements on <br /> National Forest System lands,including a schedule for their construction and removal(e)identity and schedule for any <br /> inspections that the holder is required to conduct at the holder's expense. <br />
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