how to lease forest service land

The Forest Service has revised the risk of loss clause in form FS-2700-5b to include theft and vandalism, as well as public health and safety and environmental hazards. With that information, we built a small prototype of an online permit tool that could address their issues. . This revised clause provides an exception to termination due to a change in control of the business entity that holds the permit when the change of control occurs through a merger or through the acquisition of stock or an ownership interest if the holders corporate structure and operational management remain unchanged and the holder continues to have sufficient financial and technical capability to meet its obligations under the permit. The commenter requested that reporting be required annually. Revocation at the request of the lessee must be agreed to in writing by the authorized officer. Additionally, the authorized officer may prescribe new terms when the new authorization is issued, per 36 CFR 251.64. The Forest Service does not believe it would be appropriate to add the phrase, unless both parties agree in writing to an alternate payment schedule, which does not appear in the Nonpayment clause in any other special use authorization form. Specifics of a lease: the term is negotiable usually 20 years, but may be longer; extensive and/or valuable improvements to the land are planned 11.2, para. Why are "no pet" clauses allowed in leases? The Agency has decided to retain a term of up to 30 years for all types of use and occupancy other than housing and to provide a term of up to 50 years for housing to facilitate financing for this type of use and occupancy, particularly in high-cost areas. Response: The suggested revision is unnecessary. To protect public safety and ecology, experts agree that at least one million acres of California forest and wildlands must . No military or paramilitary training or exercises by private organizations or individuals can be authorized, unless it is federally funded. This additional standard clause provides for preparation of an environmental site assessment prior to use and occupancy and prior to termination or upon revocation of the authorization. Forest Service regulations at 36 CFR 251.55(b)(2) expressly reserve the right of the Forest Service to access any part of authorized facilities for inspection, monitoring, or any other purposes or reason consistent with any right or obligation of the United States under any law or regulation. Right to Compensation. Comment: A commenter suggested striking the phrase or desirable to limit amendments to those that are deemed necessary by the authorized officer. Cabin sites, also known as home sites, are small lots for lease that are scattered across the state of Montana. Comment: One commenter suggested adding language specifying the process for assigning a communications use lease. However, it is Forest Service standard practice to provide advance notice of any on-site reviews that require building access. Is it illegal to send mail through the US Postal Service with a missing or fake return address? Thanks! Renewable Special Uses Permits are issued for 20 years at a time and come with a number of restrictions and obligations for the use of the land. Managing the land is more than just wildfire and recreation. Connect and share knowledge within a single location that is structured and easy to search. Where the primary authorized use is fiber optic cable, select the length and width of the authorized right-of-way, with a minimum width of 10 feet and delete the length of the authorized right-of-way and a width of 10 feet in the clause below. The county assessor? Therefore, a lease will terminate if there is any type of change in title to the authorized improvements if the lease is not assigned with Forest Service approval. The commenter also stated that the controlling legislation as to that issue should be cited as P.L. The commenter believed that water rights obtained by the permit holder to provide water to recreation residences for domestic use are not for the benefit of the United States and should not be acquired in the name of the United States. Another commenter requested that the phrase, as provided in clause VII.B below, be added to clause VII.A.1.d, providing for revocation and suspension at the discretion of the authorized officer for specific and compelling reasons in the public interest, to clarify that this type of revocation and suspension is governed by clause VII.B. The new minimum fee for outfitting and guiding is $130 a year and the new assigned site fee is $260 a year. It only takes a minute to sign up. The broad language in the scenic values clause will not cause confusion or conflict with the visual resource objectives or mitigation requirements specified in the applicable communications site management plan. The Forest Service needs to ensure that the entity acquiring control has the legal authority to be bound by the terms of the lease, as well as the technical and financial capability to operate and maintain the authorized improvements in accordance with the terms of the lease. The best answers are voted up and rise to the top, Not the answer you're looking for? The bill for collection and dunning notices, coupled with the 90-day timeframe to pay from the date payment is due, which runs from the date of the bill for collection, provide an adequate opportunity for authorization holders to make payments. An official website of the United States government. THIS PAGE HAS MOVED Return to Agriculture & Grazing Leasing of the [holders/grantees] fiber optic cable to any third party or parties must have prior written approval from the authorized officer. These properties are currently listed for sale. Basically, you would develop a cattle land lease agreement with someone ( example lease forms) outlining every little detail, including: A specific description of the land to be leased. A commenter recommended that the references to theft and vandalism be removed from the clause, as they are not public health, safety, or environmental hazards. Co-author uses ChatGPT for academic writing - is it ethical? The Forest Service has not included firefighting and prescribed burns as types of risk of loss in form FS-2700-5b because the agency is contemplating how best to address these factors given recent fire-related events at ski areas on NFS lands. Although the Agency addresses site suitability for recreation residences in land management planning decisions and issuance of a recreation residence permit must be consistent with the applicable land management plan, the Agency cannot guarantee that recreation residence lots will remain suitable for a recreation residence throughout the term of the permit. The commenter stated that this change appears to conflict with the requirement to conduct a consistency review and continuation determination (CRCD) upon expiration of a permit. 460aaa, rather than as Grand Island Legislation.. Community Forest and Open Space Conservation assists Tribes, local governments, and nonprofits to acquire and establish community forests for recreation, clean water, wildlife habitat, education, and other community benefits. 95% of your lease payments support Colorado schools. Leverage your professional network, and get hired. The Forest Service has stricken that reference in clause I.G.3, which addresses reservations generally, and has retained the reference in clause III.B, which addresses communications site management plans specifically. Noncompliance of a communications use lessee at one of its communications sites on NFS lands can affect the lessees ability to operate at other sites on NFS lands. The commenter believed that substantial revision to this clause was warranted on the grounds that it provides an incorrect statement of the law and may be relied on by authorized officers to deny permit holders both procedural and substantive due process rights. Having regular income from leasing may fill income gaps between timber harvests or crop failures. The cabins themselves are privately owned by individuals, while the [] PK ! Comment: One commenter requested that the Forest Service clarify what is meant by immediate suspension of the lease and provide adequate notice and an opportunity to cure if the suspension arises from the fault of the lessee. Keywords to look for include "manufactured home" and "leasehold. FSH 2709.11, Ch. Response: Clause II.A in the lease addresses this point by stating: Nothing in this lease gives or implies permission to build or maintain any structure or facility or to conduct any activity unless specifically authorized by this lease. Are leases with the US National Forest Service public information? Response: When an initial environmental site assessment is required, a follow-up environmental site assessment must be prepared upon termination or revocation of the authorization so that the authorized officer can compare the two to determine whether any environmental cleanup or restoration is required as a result of the use and occupancy. The US National Forest service enters into leases with individuals that entitle the lease holder to use National Forest land for some explicitly outlined purpose. The State Land Board offers the following surface leases for agriculture: Grazing Dry land crop production Irrigated farming We own 2.8 million acres of land in Colorado, and 98% of our land is leased for agriculture. The second sentence of this clause expressly precludes the lessee from renting use and occupancy of NFS lands in the lease area. Response: The Forest Service has revised the standard clause in FS-2700-4j and FS-2700-31 and the supplemental clause (A-19) in FSH 2709.11, Chapter 50, that is included in all other special use authorizations that authorize fiber optic cable. The rgion is a major tourist destination for international visitors. The Agency does not believe it is necessary or appropriate to treat holders of commercial powerline facility authorizations differently from holders of all other types of commercial special use authorizations by including in the Risk of Loss clause for commercial powerline facility authorizations a requirement for consultation with holders and other agencies before risk of loss determinations are made by the authorized officer. The assessor's records are based upon the clerk and recorder's records but aren't as comprehensive or authoritative. Listing type. Instead of putting the entire permit application tool into one RFP, we started . Currently, there arenearly14,000 cabins in the program. As a condition of revocation of the lease at the request of the lessee, the authorized officer has the discretion to impose any terms deemed appropriate as provided for in the lease, such as removal of all structures and improvements in the lease area and restoration of the area to the satisfaction of the authorized officer. 2. A commenter believed this clause could be interpreted to preclude payment of compensation without a specific Congressional appropriation is made for that purpose. Comment: A commenter recommended inserting the phrase, except for renting space within or on the authorized facilities, at the beginning of the sentence: The lessee is not authorized to rent the use and occupancy of National Forest System lands in the lease area.. for a listing of cabin associations by region. A commenter noted that the clause should cover only losses caused by natural events, not those caused by a third party or the Forest Service. NX>*[R?p}vKHNYB 'C!f?^@$oFc pa =;I&Q|1Gh;!6;dk Oybbu'u7aiS$U. One commenter raised concerns about the authorized officers determining the value of the authorized improvements. This standard clause provides that, notwithstanding the termination or revocation of the special use authorization, its terms remain in effect and are binding on the holder and the holders personal representative, successors, and assignees until all the holders obligations and liabilities accruing before or as a result of termination or revocation of the permit have been satisfied. The Forest Service cannot guarantee access to the authorization area, suitability of the authorization area for the authorized use and occupancy, or services for the authorized use and occupancy, including fire suppression. The majority of the land is semi-arid uplands suited for livestock grazing. This commenter also requested that the phrase site suitability be removed from the revised clause, as the Agency determines the suitability of recreation residence lots in the context of permit administration and land management planning decisions. The communications use lease does not include a rent waiver provision because even if the lessee is eligible for a rent waiver for its use and occupancy, some or all of the lessees occupants in or on the lessees authorized facilities are not eligible for a rent waiver. This additional standard clause provides for termination of the recreation residence permit for development of hydroelectric power or reclamation purposes when the authorized NFS lands are withdrawn for hydroelectric power. The revised supplemental clause for all other authorizations that authorize fiber optic cable reads as follows: A-19. Are there forms I need to complete? Another commenter recommended adding a sentence in clause I.G.1 that provides that, except in emergencies, the authorized officer must give at least ten days written notice to the lessee before accessing buildings in the lease area. The Forest Service agrees that it is unnecessary to have duplicate references to the Agencys right to modify the communications site management plan as deemed necessary by the authorized officer. The [holder/grantee] shall pay in advance a single, additional annual land use fee for leasing fiber optic cable, regardless of the [holders/grantees] eligibility for a land use fee waiver or exemption and regardless of the number of third parties, in accordance with the linear right-of-way fee schedule in Forest Service Handbook 2709.11, Chapter 30. Location of Clause in FS-2700-4h. The additional standard clause also provides that, if a new authorization will be issued to the same holder upon expiration of the current authorization, the follow-up environmental site assessment will satisfy the requirement for an initial environmental site assessment for the new authorization. Comment: A commenter objected to the holder being held financial responsible for removal of the improvements following revocation of the permit or termination of the permit without issuance of a new permit on the grounds that this requirement is not specified in the Grand Island Act. The commenter stated that termination of a permit leaves the permit holder with no recourse other than litigation to resolve what may be a simple billing error. Leased Land Cabins If you're interested in purchasing a leased land Forest Service cabin in the Mt. The proposed Risk of Loss clause clarifies the Forest Services preexisting interpretation that the clause applies to the risk of loss of the use and occupancy of NFS lands due to public health and safety or environmental hazards, as well as the risk of loss to the authorized improvements. The forest is a dramatic collection of snow-covered peaks, high mountain lakes, thick pine forests, and wilderness areas, bordered by more national forests and the Lake Tahoe Basin. While fuel and batteries are routinely stored at communications sites, the authorized officer must retain the authority to approve storage of these items to ensure compliance with applicable legal requirements and consistency with the applicable communications site management plan. Comment: One commenter requested that the Agency develop a clause that provides that issuance of term special use permits will not be subject to competition upon their expiration. We use only 5% to fund our operations because we receive no tax dollars. See the Cabin Association Directory Comment: One commenter did not believe the title of the form should be changed. Right to Compensation. The [holder/grantee] shall remain responsible for any third partys compliance with all the terms of this [permit/easement]. In these circumstances, issue a separate special use authorization for installation of the fiber optic cable and charge a separate land use fee for the authorization based on the linear right-of-way fee schedule in Forest Service Handbook (FSH) 2709.11, Chapter 30, unless the holder qualifies for a land use fee waiver or exemption. Consistent with 36 CFR 251.55(b) and other types of special use authorizations, a communications use lease does not grant the lessee a right of exclusive use of the lease area. There is a minimum annual grazing fee of $250. Land Management Planning Decision. The Forest Services special use regulations at 36 CFR 251.51 and clause VII.E of the lease provide for cessation of the lease by operation of a fixed or agreed-upon condition, event, or time as specified in the lease. Existing special use authorizations will not be amended to include either of these new standard clauses. Response: Consistent with the amendment clause in FS-2700-5a and Grand Island FS-2700-5a, the Forest Service may amend a recreation residence permit 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, the applicable land management plan, or projects and activities implementing the land management plan pursuant to 36 CFR Part 218. Analyses of whether authorized improvements can be safely occupied in the future and whether rebuilding can be allowed are conducted case by case based on site-specific circumstances. . A completed application, with a non-refundable application fee of $250 is required. The Forest Service also does not believe lessees should have authority to implement reasonable exclusion zones to limit access for public safety. If any cleanup or restoration is required, the additional standard clause provides that it must be completed promptly by the holder in accordance with all applicable federal, state, and local laws and regulations, to the satisfaction of the authorized officer and at no expense to the Forest Service. Comment: A commenter suggested adding at the end of this clause, which provides for expiration of the permit on the specified date, unless the permit is being issued upon a change of ownership of the recreation residence, in which case the permit runs for the remainder of the prior holders term. This commenter opposed the change to the long-standing practice of maintaining the same permit expiration date when issuing a new permit upon a change of ownership of the recreation residence. This additional standard clause provides for the authorized officer to require a surety bond or other security for any of the obligations imposed by the terms of a special use authorization or any applicable law, regulation, or order. Your request must be consistent with current agency laws, regulations, orders and policies, other federal laws, and applicable state and local health and sanitation laws. Comment: A commenter was concerned that the lease does not authorize the lessee to terminate the lease. The proposed revisions to this form addressed the applicability of the Davis-Bacon Act to Granger-Thye fee offset projects and provided documentation of project costs. Over 800 cabin tracts are located on 114 National Forests in 24 States, plus Puerto Rico. No gambling or providing of sexually oriented commercial services can be authorized, even if permitted under state law. The Agencys Potential Liability. Having the ability to make these assessments and include new terms as needed are critical management tools for the Forest Service that strengthen the Agencys ability to effectively manage NFS lands. The [holder/grantee shall include in a third-party lease provisions requiring the third-party to obtain liability insurance for the third partys use of the [holders/grantees] fiber optic cable that includes the United States as an additional insured under the policy. B Special Use Permit for Campground and Related Granger-Thye Concessions, Appendix B Annual Granger Thye Fee Offset Agreement, FS-2700-4h App G Special Use Permit for Campground and Related Granger-Thye Concessions,Appendix G Operation of Federally Owned Drinking Water Systems, FS-2700-4h, App. Termination of the Authorization. Another commenter stated that the revised clause must be consistent with the provisions of the Cabin Fee Act of 2014 governing temporary suspension or reduction of a land use fee for a recreation residence permit if access to, or occupancy of, the recreation residence is significantly restricted. Comment: A commenter stated that the clause governing appraisals should be removed, since appraisals of recreation residence lots to determine market value are not required under the Cabin Fee Act of 2014. This commenter stated that a lessee should have assurance of continuous operation under other communications use authorizations, even if the Forest Service alleges noncompliance with an authorization at a different location. A lock ( The commenter stated that the proposed revised clause also does not take into consideration the problems that exist in the Forest Services billing process, which may not provide for accurate or timely billing. If not, then is this the type of the thing that would be subject to a FOIA request? Response: The Historic Property Lease, FS-2700-13, will not be utilized to authorize communications uses in or on historic properties under the jurisdiction of the U.S. Forest Service (Forest Service or Agency).
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