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vegetation. Trees or shrubbery may be removed or destroyed only after the authorized officer has approved and marked <br /> what may be removed or destroyed.Timber cut or destroyed shall be paid for at current stumpage rates for similar timber <br /> in the MT BAKER-SNOQUALMIE NATIONAL FOREST, GIFFORD PINCHOT NATIONAL FOREST, or OLYMPIC <br /> NATIONAL FOREST. The Forest Service reserves the right to dispose of the merchantable timber to those other than the <br /> holder at no stumpage cost to the holder. Unmerchantable material shall be disposed of as directed by the authorized <br /> officer. Planting of trees, shrubs,and other plants in the permit area must have prior written approval from the authorized <br /> officer. <br /> N.FAILURE TO EXERCISE AUTHORIZED PRIVILEGES. During the 5th year of operation and upon termination,the <br /> authorized officer shall review actual use and adjust the allocation of use to match the highest amount of actual use in 1 <br /> calendar year during the first 5 years of operation, plus 25 percent of that amount for holders with up to 1,000 service days <br /> or the equivalent in quotas or 15 percent of that amount for holders with more than 1,000 service days or the equivalent in <br /> quotas, provided that: <br /> 1.The combination of the highest amount of actual use in 1 calendar year and the additional 25 or 15 percent of use not <br /> exceed the amount of use allocated when the permit was issued; and <br /> 2.To ensure that 5 years of use are available for review as a basis for making the allocation adjustment,the authorized <br /> officer may adjust the review period to include a previous or an additional year of use based on a finding that extraordinary <br /> circumstances prevented a season of operation. <br /> O.RESTRICTION OF MOTOR VEHICLE USE.The holder shall restrict motor vehicle use to designated roads,trails,and <br /> areas, unless specifically provided otherwise in the operating plan. <br /> P.NOXIOUS WEED/EXOTIC PLANT PREVENTION AND CONTROL.The holder shall be responsible for the prevention <br /> and control of noxious weeds and/or exotic plants arising from the authorized use. For purposes of this clause, noxious <br /> weeds and exotic plants include those species recognized as such by the state of Washington.The holder shall follow <br /> prevention and control measures required by the state of Washington.When determined to be necessary by the <br /> authorized officer,the holder shall develop a plan for noxious weed and exotic plant prevention and control. These plans <br /> must have prior written approval from the authorized officer and, upon approval, shall be attached to this permit as an <br /> appendix. <br /> III. RIGHTS AND LIABILITIES <br /> A.LEGAL EFFECT OF THE PERMIT.This permit,which is revocable and terminable, is not a contract or a lease,but <br /> rather a federal license.The benefits and requirements conferred by this authorization are reviewable solely under the <br /> procedures set forth in 36 CFR Part 214.This permit does not constitute a contract for purposes of the Contract Disputes <br /> 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 <br /> collateral for a loan. <br /> B.THIRD-PARTY RIGHTS.This permit is subject to all valid outstanding rights.Valid outstanding valid rights include <br /> those derived under mining and mineral leasing laws of the United States.The United States is not liable to the holder for <br /> the exercise of any such right. <br /> C.ABSENCE OF THIRD-PARTY BENEFICIARY RIGHTS.The parties to this permit do not intend to confer any rights on <br /> any third party as a beneficiary under this permit. <br /> D.WATER RIGHTS.This permit does not confer any water rights on the holder.Water rights are not required by state law <br /> and may not be acquired to exercise the minor water uses authorized by this permit. <br /> E.RISKS.The holder assumes all risk of loss associated with use and occupancy of the permit area, including but not <br /> limited to theft,vandalism,fire and any fire-fighting activities(including prescribed burns), avalanches, rising waters, <br /> winds, falling limbs or trees, and acts of God. If authorized temporary improvements in the permit area are destroyed or <br /> substantially damaged,the authorized officer shall conduct an analysis to determine whether the improvements can be <br /> safely occupied in the future and whether rebuilding should be allowed. <br /> F.DAMAGE TO UNITED STATES PROPERTY.The holder has an affirmative duty to protect from damage the land, <br /> property, and other interests of the United States that are associated with the use and occupancy authorized by this <br />