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the Forest Service ta exercise any disoretion under this provision shall not be a ~iolatlon of any duty by the United <br />States, and shall nat relieve the hofder of any and afl liabil9ty for darn~ges in fhe event of a dam failure. <br />10. Liability. <br />The activities permitted by this authorizat~on shalt be deemed a high risk use and occupancy. Sole respansibility <br />for the safety of the dam and associated facilities and any Ilability resulting therefrorn shall be on the hoider and <br />his successors, agents, or assigns. Pursuant to 36 CFR 251.56(d), or its replecement, the holder shall be liable <br />for injury, loss, or damage resulting from this authorizatian regardless of the ~older's fault or negl'sgence. <br />Maximurn strict liability shall not exceed $1,oaa,000.00 except as that arnount may be changed in the <br />aforementioned regulations. <br />In addition to alf waivers and limitations on liability of tY~e United States under this authorization, the prouisions of <br />33 U.S.G. 702(c) shal! apply to any damages from or by floods or flood waters at any place. <br />K. Reservair Storaqe Increase {X20). The Forest Service reserves the right to issue additiona{ authorizafions to <br />other applicants to increase the storage capacity of this site if such action proves feasible. No authorization will <br />be granted for additional facilities that will jeopardize the privileges granted by this authorization. Any additianal <br />authorizatians perm+tting larger facilities will provide far payment of costs, including the cost of construction af the <br />ariginal project works, on a cost-benefit ratio mutually agreeable to the holder and the new appiicant. If the holder <br />and applicant cannot agree on division of costs, the Forest Service shall decide on an equitable division between <br />the old and new works. <br />L. Dis~utes (X96). Appeal of any provisions of this authorization or any requirernenfs thereof shall be subject to <br />the appeai regulations at 36 CFR 251, Subpart C, or revisions thereto. <br />M. Superseded Authonzation (X18). This au#horiza#ion superedes a special-use author4zatiori designated: <br />L.E.D.E. Limited Llability Com~anv Q1/1311393 EAG431801. <br />,4ccording to lhe Papetwork Fteductlon Act of 1995, no persons are required to respond to a coUection of Informatlon unless It dlsplays a valid <br />OMB control number. Tne valld OM[3 cantrol numh$r for this information collection is 059fi-0082. <br />Thls information is needad by the Foies! Service to evaluate requests tn use Nat~onal Farest System lands and manage those Eands to protsct <br />natural resources, a~ninister the use, and ansure public health and ssfety. This infortnation is required tn obtaln or retaln a beneflt. The <br />eutho~ity for ihat requirement [s provided by the Organic Act oi 1897 and the Federal Land Po9cy and Management Act of 1976, whioh <br />authorize the Secratary of Agriculiure to promulgate rules and regulations for authorizing and managing Natlona{ Farest Systsm lands. These <br />statutes, along with the Term Permit Act, National Forest Ski Aiea Permtt Act, Granger-71tiye Act, ilAinetai Leasing Act, Alaska Terrn Permlt <br />Act, ,4ct af 5eptember 3, 1954, UUilderness Act, National Farest Roads and Traits Act, Aci of November 1 B, 1373, Arohaeologlpi Reso~srces <br />Proteetion Act, and Alaska Natio~l Interest Lands Conseroatlon Act, authorize the Secretary ofAgricuftute to iSSUe authorizations for the use <br />and occupanay of National Forest Syslem lands. The Secretary ofAgrlculture's reguRaUons at 36 CFR Part 251, 5uhparE B, estabfish <br />procedures for issuing those atrthorizations. <br />7he PrivacyAct of 1974 (5 U.S.C. 552a) and the ~reedom af Infoanation Act (5 U.S.C. 552) govern ihe confdentiality 1o be provided fof <br />~formation received by ths Farest Servica Publlc reporting burden for coklectlon of infartnafto~,lf reauested, is estimafed to average 1 hour <br />per response far annual fi~ranclal informatlon; average 1 haur per response to prepars ar updafe operafian and/or malnfenance plan; averege <br />i hour per response for inspectlon reports; and an average of 1 hour for each request that may include such things as reoorEs, logs, faality <br />and user fnfarmation, sublease information, and other similar miscellaneous inionnaUon requests. This Indudes the tlme for reviewtng <br />Instnxtions, searching existing data saurces, gethedng and maintaining the data needed, end complefing and reviewing the collectlon of <br />infwmaS(on. <br />Town of Gypsum ~ <br />L.E.D.E. Reservolr and ditch <br />