3. The holder shall be liable for damage caused by use of the holder or the holder's heirs, assigns, agents,
<br />employees, contractors, or lessees to all roads and trails of the United States to the same extent as provided
<br />under clause VI. E.1.
<br />F. HEALTH, SAFETY, AND ENVIRONMENTAL PROTECTION. The holder shall promptly abate as
<br />completely as possible and in compliance with all applicable laws and regulations any activity or condition
<br />arising out of or relating to use of the roads authorized by this permit that causes or threatens to cause a
<br />hazard to public health or the safety of the holder's employees or agents or harm to the environment
<br />(including areas of vegetation or timber, fish or other wildlife populations, their habitats, or any other
<br />natural resources). The holder shall immediately notify the responsible official of all traffic accidents and
<br />any other serious accidents that occur in connection with the authorized use. The responsibility to protect
<br />the health and safety of all persons affected by use of the roads authorized by this permit is solely that of
<br />the holder. The Forest Service has no duty under the terms of this permit to inspect the roads authorized
<br />by this permit or authorized activities of the holder for hazardous conditions or compliance with health and
<br />safety standards.
<br />G. COMPLIANCE WITH ENVIRONMENTAL LAWS. The holder shall in connection with use of the
<br />roads authorized by this permit comply with all applicable federal, state, and local environmental laws and
<br />regulations, including but not limited to those established pursuant to the Resource Conservation and
<br />Recovery Act, as amended, 42 U.S.C. 6901 et seq., the Federal Water Pollution Control Act, as
<br />amended, 33 U.S.C. 1251 et seq., the Oil Pollution Act, as amended, 33 U.S.C. 2701 et seq., the Clean
<br />Air Act, as amended, 42 U.S.C. 7401 et seq., the Comprehensive Environmental Response,
<br />Compensation, and Liability Act (CERCLA), as amended, 42 U.S.C. 9601 et seq., the Toxic Substances
<br />Control Act, as amended, 15 U.S.C. 2601 et seq., the Federal Insecticide, Fungicide, and Rodenticide
<br />Act, as amended, 7 U.S.C. 136 et seq., and the Safe Drinking Water Act, as amended,
<br />42 U.S.C. 300f et seq.
<br />H. INDEMNIFICATION OF THE UNITED STATES. The holder shall indemnify, defend, and hold
<br />harmless the United States for any costs, damages, claims, liabilities, and judgments arising from past,
<br />present, and future acts or omissions of the holder or the holder's employees, contractors, or
<br />subcontractors in connection with use of the roads authorized by this permit. This indemnification
<br />provision includes but is not limited to acts and omissions of the holder or the holder's heirs, assigns,
<br />agents, employees, or contractors in connection with use of the roads authorized by this permit which
<br />result in (1) violations of any laws and regulations which are now or which may in the future become
<br />applicable, and including but not limited to those environmental laws listed in clause V.G of this permit; (2)
<br />judgments, claims, demands, penalties, or fees assessed against the United States;
<br />(3) costs, expenses, and damages incurred by the United States; or (4) the release or threatened release
<br />of any solid waste, hazardous waste, hazardous substance, pollutant, contaminant, oil in any form, or
<br />petroleum product into the environment. The responsible official may prescribe terms that allow the
<br />holder to replace, repair, restore, or otherwise undertake necessary curative actions to mitigate damages
<br />in addition to or as an alternative to monetary indemnification.
<br />I. INSURANCE
<br />1. The holder or the holder's employees, contractors, or subcontractors shall have in force automobile
<br />insurance covering losses associated with the use authorized by this permit in at least the amount of
<br />$1,000,000.00 combined single limit. Minimum amounts of coverage and other insurance requirements are
<br />subject to change at the sole discretion of the responsible official on the anniversary date of this permit.
<br />2. Any insurance policies obtained by the holder pursuant to this clause shall name the United States as an
<br />additional insured, and the additional insured provision shall provide for insurance coverage for the United
<br />States as required under clause VI.I. The policies also shall specify that the insurance company shall give 30
<br />days prior written notice to the responsible official of cancellation of or any modification to the policies.
<br />3. The holder shall furnish proof of insurance, such as a certificate of insurance, to the responsible official
<br />prior to issuance of this permit and each year thereafter that this permit is in effect. The Forest Service
<br />reserves the right to review and approve the insurance policy prior to issuance. The holder shall send an
<br />authenticated copy of any insurance policy obtained pursuant to clause VI.I to the responsible official
<br />Page 6 of 8
<br />
|