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provisions of this permit. Standards are subject to periodic change by the authorized officer when deemed necessary to
<br />meet statutory, regulatory, or policy requirements or to protect national forest resources. The holder shall comply with
<br />inspection requirements deemed appropriate by the authorized officer.
<br />C. OPERATING PLAN. The holder shall prepare an operating plan. The operating plan shall be prepared in consultation
<br />with the authorized officer or the authorized officer's designated representative and shall cover all operations authorized
<br />by this permit. The operating plan shall outline steps the holder will take to protect public health and safety and the
<br />environment and shall include sufficient detail and standards to enable the Forest Service to monitor the holder's
<br />operations for compliance with the terms and conditions of this permit. The operating plan shall be submitted by the holder
<br />and approved by the authorized officer or the authorized officer's designated representative prior to commencement of
<br />operations and shall be attached to this permit as an appendix. The authorized officer may require an annual meeting with
<br />the holder to discuss the terms and conditions of the permit or operating plan, annual use reports, or other concerns either
<br />party may have.
<br />D. INSPECTION BY THE FOREST SERVICE. The Forest Service shall monitor the holder's operations and reserves the
<br />right to inspect the permit area and transmission facilities at any time for compliance with the terms of this permit. The
<br />holder's obligations under this permit are not contingent upon any duty of the Forest Service to inspect the permit area or
<br />transmission facilities. A failure by the Forest Service or other governmental officials to inspect is not a justification for
<br />noncompliance with any of the terms and conditions of this permit.
<br />IV. 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 251, Subpart C, and 5 U.S.C. 704. This permit does not constitute a contract for
<br />purposes of the Contract Disputes Act, 41 U.S.C. 601. The permit is not real property, does not convey any interest in real
<br />property, and may not be used as collateral for a loan.
<br />B. VALID OUTSTANDING RIGHTS. This permit is subject to all valid outstanding rights. Valid outstanding 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. SERVICES NOT PROVIDED. This permit does not provide for the furnishing of road or trail maintenance, water, fire
<br />protection, search and rescue, or any other such service by a government agency, utility, association, or individual.
<br />E. RISK OF LOSS. The holder assumes all risk of loss associated with use or occupancy of the permit area, including but
<br />not limited to theft, vandalism, fire and any fire - fighting activities (including prescribed burns), avalanches, rising waters,
<br />winds, falling limbs or trees, and other forces of nature. If authorized temporary improvements in the permit area are
<br />destroyed or substantially damaged, the authorized officer shall conduct an analysis to determine whether the
<br />improvements can be safely occupied in the future and whether rebuilding should be allowed. If rebuilding is not allowed,
<br />the permit shall terminate.
<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. Damage includes but is not limited to fire suppression costs, damage to
<br />government -owned improvements covered by this permit, and all costs and damages associated with or resulting from the
<br />release or threatened release of a hazardous material occurring during or as a result of activities of the holder or the
<br />holder's heirs, assigns, agents, employees, contractors, or lessees on, or related to, the lands, property, and other
<br />interests covered by this permit. For purposes of clause IV.F and section V, "hazardous material" shall mean (a) any
<br />hazardous substance under section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability
<br />Act (CERCLA), 42 U.S.C. § 9601(14); (b) any pollutant or contaminant under section 101(33) of CERCLA, 42 U.S.C. §
<br />9601(33); (c) any petroleum product or its derivative, including fuel oil, and waste oils; and (d) any hazardous substance,
<br />extremely hazardous substance, toxic substance, hazardous waste, ignitable, reactive or corrosive materials, pollutant,
<br />contaminant, element, compound, mixture, solution or substance that may pose a present or potential hazard to human
<br />health or the environment under any applicable environmental laws.
<br />1. The holder shall avoid damaging or contaminating the environment, including but not limited to the
<br />soil, vegetation (such as trees, shrubs, and grass), surface water, and groundwater, during the holder's
<br />use or occupancy of the permit area. If the environment or any government property covered by this
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