When the award of a lease is based on selection criteria in addition to, or other than the amount of the rent, the NPS Director must solicit proposals for the lease through a public Request for Proposals (RFP). The Forest Service is not adding the selection option requested by the commenter because it is not appropriate to provide for issuance of a special use authorization to an individual or entity that does not have title to the authorized improvements or ownership or control of the holder or that does not meet applicable Forest Service requirements for holding a special use authorization. One commenter requested that the Pesticide Use clause be revised to allow for emergency requests and approval in the event of unexpected outbreaks of pests. One commenter expressed concern with allowing for depreciation of all types when determining the value of the authorized improvements under the clause and suggested limiting devaluation to physical assets. Foreclosures. It sells with a Bill of Sale like personal property. Cabin sites, also known as home sites, are small lots for lease that are scattered across the state of Montana. No military or paramilitary training or exercises by private organizations or individuals can be authorized, unless it is federally funded. As specified in the current Pesticide Use clause, exceptions to the Pesticide-Use Proposal submission and approval schedule may be allowed, subject to emergency request and approval, only when unexpected outbreaks of pests require control measures that were not anticipated at the time a Pesticide-Use Proposal was submitted. The commenter also stated that the controlling legislation as to that issue should be cited as P.L. How to draw a picture of a Periodic function? In addition, the proposed revised Consent to Store Hazardous Materials clause for authorizations issued to non-federal entities provides that the Forest Service may require a surety bond if hazardous materials are used or stored on NFS lands under the authorization. 460aaa, rather than as Grand Island Legislation.. 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. 2) Can I get a loan to purchase one of these cabins? The [holder/lessee] shall pay in advance a single, additional annual land use fee for leasing fiber optic cable, regardless of the [holders/lessees] 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. Any use not specifically authorized by this lease must be proposed in accordance with 36 CFR 251.54. Comment: A commenter stated that this clause continues to limit the scope of review and is contrary to existing federal law. More than half of the nation's forests are on private land, and how those lands are managed affects us all. This obligation is not coextensive with the term of the authorization. The upcoming calendar is currently empty. The most effective means for confronting the interconnected ecological and economicissues related to land management is international cooperation. Accordingly, the Forest Service has changed the title of the form to Request for Revocation of a Special Use Authorization, and has added a selection item that provides for requesting revocation of a special use authorization because the holder is planning to discontinue the use and occupancy. 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. FSH 2709.11, Ch. If not, then is this the type of the thing that would be subject to a FOIA request? If I want to see how much a certain ski resort pays the US Forest Service for use of their land and for how long they have secured rights to that land, can I look that information up somewhere? The standard Bonding clause was added to FS-2700-5a and Grand Island FS-2700-5a to be consistent with other special use authorization forms. The commenter expressed concern that the added language goes beyond Forest Service directives restricting who can hold a recreation residence permit and attempts to restrict ownership of a recreation residence to a single party. The authorized officer has the discretion to consult with holders and other agencies as appropriate in making risk of loss determinations. Response: The Forest Service does not believe that the reservations clause is overbroad, as it tracks the rights reserved to the Forest Service in the Agencys regulations at 36 CFR 251.55(b). The proposed revised No Warranty of Access, Site Suitability, or Services clause has not been included in any special use authorization forms. Rather, the Cabin Fee Act of 2014 at 16 U.S.C. 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). 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. What is the Cabin Program? Do not charge an additional land use fee for fiber optic cable that is within the right-of-way or lease area, owned by the holder or lessee and solely supports operation of the primary authorized use and is not leased to any other parties for communications uses that serve other purposes. N _rels/.rels ( j0@QN/c[ILj]aGzsFu]U ^[x 1xpf#I)Y*Di")c$qU~31jH[{=E~ Another commenter stated that all references to the permit shall terminate should be changed to the permit may be revoked, so that the holder is afforded the right to appeal the discretionary decision by the authorized officer that the authorized improvements cannot be safely occupied in the future and that rebuilding should not be allowed or that the authorization area cannot be safely occupied due to a public health or safety or environmental hazard. Storage facilities for materials capable of causing water pollution, if accidentally discharged, shall be located so as to prevent any spillage into waters or channels leading into water except in full compliance with all applicable federal, state, and local environmental and other laws. ) or https:// means youve safely connected to the .gov website. Often referred to as the "cabin program", the U.S. Forest Service Recreation Residence Program (RRP) is a unique "Cabin in the Woods" program established by Congress in 1915 to facilitate family recreation experiences on our National Forests. Consistent with other types of special use authorizations, Forest Service communications use authorizations expire at the end of their term and are not renewable. Include the following clause in all authorizations that authorize fiber optic cable, even if the holder or lessee is exempt from or qualifies for a waiver of land use fees. The Indemnification of the United States clause covers acts and omissions in connection with the use and occupancy authorized by this lease. The Damage to United States Property clause covers injury, loss, or damage resulting from the lessees use and occupancy of the lease area.. Because the revised clause provides for compensation to the authorization holder, the revised clause does not raise the concern of a taking without just compensation under the Fifth Amendment. 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. 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. 1455(b)(3), requires the Forest Service to grant or deny an application for a communications facility or a communication use within 270 days of receipt. The Forest Service published a Federal Register notice, 85 FR 57181, on September 15, 2020, seeking public comment on proposed revisions to Information Collection 0596-0082: Special Use Administration. These properties are currently listed for sale. The commenter further stated that Grand Island recreation residences were built before 1940 and that their original permits issued in 1990 prohibit their removal if they are more than 50 years old, unless permission is granted by the appropriate historical agencies. 2. No gambling or providing of sexually oriented commercial services can be authorized, even if permitted under state law. The revised supplemental clause for all other authorizations that authorize fiber optic cable reads as follows: A-19. Specifically, the commenter requested clarification that the lessee is liable only for damage that arises from the acts and omissions of the lessee or the lessees heirs, assignees, agents, employees, contractors, or occupants in connection with the use and occupancy authorized by this lease. The commenter believed that including the limitation on liability afforded by this language in the Damage to United States Property clause would keep lessees accountable for their actions without exposing them to undue liability. They are all five acres or less, and are exclusively for residential use. 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. Specifically, a single, additional annual land use fee will be assessed when the holder leases fiber optic cable to any third party or parties, regardless of the holders eligibility for a land use fee waiver or exemption and regardless of the number of third parties. One commenter requested including the potential for income generation for the remainder of the authorization term when determining the value of the authorized improvements under the clause. Over 160 local cabin associations have been formed by cabin owners, which are typically made up of one or more cabin tracts. 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. Does the Unlocking Consumer Choice and Wireless Competition Act confer a right to unlock a phone one owns, or merely limit the scope of the DMCA? Thus, the authorized officers determination that the authorized improvements cannot be safely occupied in the future and that rebuilding should not be allowed or that the authorization area cannot be safely occupied due to a public health or safety or environmental hazard is a condition of termination of the authorization, rather than a decision to revoke the authorization. ) or https:// means youve safely connected to the .gov website. 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. d8l7xEWU1m>?&}i9kf*II3lI+{jf US Port of Entry would be LAX and destination is Boston. Water, air, and soil are just three areas where we focusrestoration efforts to improve natural resources. 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. 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. Keywords to look for include "manufactured home" and "leasehold. Is it illegal to send mail through the US Postal Service with a missing or fake return address? Determinations regarding Agency fire suppression activities are handled case by case, subject to resource availability and national priorities. Response: The Forest Service does not believe revisions to this clause are necessary or appropriate. The current lessee remains fully responsible for compliance with all the terms of the lease until the authorized officer approves the assignment. The commenter noted that historic buildings could benefit from alternative uses such as wireless communications uses. A land lease, also known as a ground lease, is an arrangement in which a landowner (the lessor, in legal terminology) rents out the land to a tenant (or the lessee). The commenter stated that the Grand Island Act explicitly recognizes the historical and cultural significance of Grand Island structures and instructs the Agency to consider acquiring or purchasing those structures, and that requiring removal of a recreation residence following revocation of the permit or termination of the permit without issuance of a new permit would conflict with this goal. Comment: A commenter stated that any recreation residence permits executed at the time the OMB control number on them was out of date are legally invalid and that the corresponding prior recreation residence permits should still be in effect as a matter of law. Comment: One commenter suggested minor edits to the revised clause in FS-2700-4j. A completed application, with a non-refundable application fee of $250 is required. This standard clause addresses prevention of water pollution in connection with the authorized use and occupancy. The report shall contain information pertaining to the pesticide application projects as requested by the authorized officer. In particular, 36 CFR 251.56(e) expressly authorize the authorized officer to require the holder of a special use authorization to furnish a bond or other security to secure any or all of the obligations imposed by the terms of the authorization or by any applicable law, regulation, or order. The U.S. Forest Service recently sent notice to Lake Wenatchee cabin owners that lease fees for the public land will spike more than 1,000 percent, from $1,400 to more than $17,000, by. If an activity on those lands land involve individuals or organization with 75 or more participants or spectators. . Response: It is not necessary to add the phrase, if a plan is in place after the requirement to develop, operate, and maintain the authorized improvements in the lease area in accordance with the communications site management plan. 101-292 or 16 U.S.C. Revocation at the request of the lessee must be agreed to in writing by the authorized officer. The authorization is granted for a specific use of the land for a specific period of time. is mandatory reading for anyone considering the purchase of a cabin. The Forest Service reserves the right to disapprove the [holders/grantees] requests to lease fiber optic cable. Requiring lessees to be reasonably responsible for protecting scenic values is not as clear or as effective as requiring lessees to protect scenic values to the greatest extent possible.. Existing special use authorizations will not be amended to include either of these new standard clauses. Here are the often asked questions and answers: 1) Do you own the land when you purchase a US Forest Service Cabin? By agent (9,475) By owner & other (659) Agent listed. Response: The first sentence of this clause expressly authorizes the lessee to rent space in or on the authorized facilities, as long as the use is consistent with the applicable communications site management plan and compatible with all existing uses, and provide other services to occupants of the authorized facilities.
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