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Maricopa County SUP, TON1295 Page 1 of 9 Authorization ID: TON1295 Contact Name: MARICOPA COUNTY BOARD OF SUPERVISORS Expiration Date: 12/31/2050 Use Code: 362 FS-2700-4 (VER. 03/17) OMB 0596-0082 U.S. DEPARTMENT OF AGRICULTURE FOREST SERVICE SPECIAL USE PERMIT Authority: OCCUPANCY PERMITS, AS AMENDED March 4, 1915, FEDERAL LAND POLICY AND MGMT ACT, AS AMENDED October 21, 1976 MARICOPA COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF ARIZONA, with an address of 301 W JEFFERSON STREET, PHOENIX, AZ 85003 (hereinafter "Holder") is authorized to use or occupy National Forest System lands in the TONTO NATIONAL FOREST or unit of the National Forest System, subject to the terms and conditions of this special use permit (the “Permit”). This Permit covers 16.95 acres in Sec. 28, T. 6 N., R. 7 E., Sec. 29, T. 3 N., R. 11 E., Sec. 34, T. 1 N., R. 11 W., Sec. 2, T. 2 N., R. 7 E., Sec. 28, T. 3 N., R. 8 E., Sec. 35, T. 1 N., R. 11 W., Sec. 3, T. 7 N., R. 6 E., GILA AND SALT RIVER MERIDIAN, (the “Permit Area"), as shown on the maps attached as Appendices A – A.6. This and any other appendices to this Permit are hereby incorporated into this Permit. This Permit issued for the purpose of: Operating and maintaining the Maricopa County Sheriff's Aid Station at Apache, Canyon, and Saguaro Lakes, and adjacent to Bartlett Lake; operating and maintaining a multi-agency boat storage facility near Horseshoe Lake; operating and maintaining a first aid station, administrative site and boater information at Blue Point, and storage and fuel facility at Old Blue Point; use and maintenance of barns and corrals at Goldfield. Authorized improvements and associated facilities are further described in Appendix B and hereby incorporated into this Permit. TERMS AND CONDITIONS I. GENERAL TERMS A. AUTHORITY. This Permit is issued pursuant to the FEDERAL LAND POLICY AND MGMT ACT, AS AMENDED October 21, 1976 and 36 CFR Part 251, Subpart B, as amended, and is subject to their provisions. B. AUTHORIZED OFFICER. The authorized officer is the Forest or Grassland Supervisor or a subordinate officer with delegated authority. C. TERM. This Permit shall expire at midnight on 12/31/2050, 29 years from the date of issuance. D. CONTINUATION OF USE AND OCCUPANCY. This Permit is not renewable. Prior to expiration of this Permit, the Holder may apply for a new permit for the use and occupancy authorized by this Permit. Applications for a new permit must be submitted at least 6 months prior to expiration of this Permit. Issuance of a new permit is at the sole discretion of the authorized officer. At a minimum, before issuing a new permit, the authorized officer shall ensure that (1) the use and occupancy to be authorized by the new permit is consistent with the standards and guidelines in the applicable land management plan; (2) the type of use and occupancy to be authorized by the new permit is the same as the type of use and occupancy authorized by this Permit; and (3) the Holder is in compliance with all the terms of this Permit. The authorized officer may prescribe new terms and conditions when a new permit is issued. E. AMENDMENT. This Permit may be amended in whole or in part by the Forest Service 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, directive, the applicable forest land and resource management plan, or projects and activities implementing a land management plan pursuant to 36 CFR Part 215. F. COMPLIANCE WITH LAWS, REGULATIONS, AND OTHER LEGAL REQUIREMENTS. In exercising the rights and privileges granted by this Permit, the Holder shall comply with all present and future federal laws and regulations and all Maricopa County SUP, TON1295 Page 2 of 9 present and future state, county, and municipal laws, regulations, and other legal requirements that apply to the Permit Area, to the extent they do not conflict with federal law, regulation, or policy. The Forest Service assumes no responsibility for enforcing laws, regulations, and other legal requirements that fall under the jurisdiction of other governmental entities. G. NON-EXCLUSIVE USE. The use or occupancy authorized by this Permit is not exclusive. The Forest Service reserves the right of access to the Permit Area, including a continuing right of physical entry to the Permit Area for inspection, monitoring, or any other purpose consistent with any right or obligation of the United States under any law or regulation. The Forest Service reserves the right to allow others to use the Permit Area in any way that is not inconsistent with the Holder's rights and privileges under this Permit, after consultation with all parties involved. Except for any restrictions that the Holder and the authorized officer agree are necessary to protect the installation and operation of authorized temporary improvements, the lands and waters covered by this Permit shall remain open to the public for all lawful purposes. H. ASSIGNABILITY. This Permit is not assignable or transferable. I. TRANSFER OF TITLE TO THE IMPROVEMENTS. 1. Notification of Transfer. The Holder shall notify the authorized officer when a transfer of title to all or part of the authorized improvements is planned. 2. Transfer of Title. Any transfer of title to the improvements covered by this Permit shall result in termination of this Permit. The party who acquires title to the improvements must submit an application for a permit. The Forest Service is not obligated to issue a new permit to the party who acquires title to the improvements. The authorized officer shall determine that the applicant meets requirements under applicable federal regulations. J. CHANGE IN CONTROL OF THE BUSINESS ENTITY. 1. Notification of Change in Control. The Holder shall notify the authorized officer when a change in control of the business entity that holds this Permit is contemplated. (a). In the case of a corporation, control is an interest, beneficial or otherwise, of sufficient outstanding voting securities or capital of the business so as to permit the exercise of managerial authority over the actions and operations of the corporation or election of a majority of the board of directors of the corporation. (b). In the case of a partnership, limited partnership, joint venture, or individual entrepreneurship, control is a beneficial ownership of or interest in the entity or its capital so as to permit the exercise of managerial authority over the actions and operations of the entity. (c). In other circumstances, control is any arrangement under which a third party has the ability to exercise management authority over the actions or operations of the business. 2. Effect of Change in Control. Any change in control of the business entity as defined in paragraph 1 of this clause shall result in termination of this Permit. The party acquiring control must submit an application for a special use permit. The Forest Service is not obligated to issue a new permit to the party who acquires control. The authorized officer shall determine whether the applicant meets the requirements established by applicable federal regulations. II.IMPROVEMENTS A. LIMITATIONS ON USE. Nothing in this Permit gives or implies permission to build or maintain any structure or facility or to conduct any activity, unless specifically authorized by this Permit. Any use not specifically authorized by this Permit must be proposed in accordance with 36 CFR 251.54. Approval of such a proposal through issuance of a new permit or permit amendment is at the sole discretion of the authorized officer. B. PLANS. All plans for development, layout, construction, reconstruction, or alteration of improvements in the Permit Area, as well as revisions to those plans must be prepared by a professional engineer, architect, landscape architect, or other qualified professional based on federal employment standards acceptable to the authorized officer. These plans and plan revisions must have written approval from the authorized officer before they are implemented. The authorized officer may require the Holder to furnish as-built plans, maps, or surveys upon completion of the work. C. CONSTRUCTION. Any construction authorized by this Permit shall commence by N/A and shall be completed by N/A. Maricopa County SUP, TON1295 Page 3 of 9 III. OPERATIONS. A. PERIOD OF USE. Use or occupancy of the Permit Area shall be exercised at least 365 days each year. B. CONDITION OF OPERATIONS. The Holder shall maintain the authorized improvements and Permit Area to standards of repair, orderliness, neatness, sanitation, and safety acceptable to the authorized officer and consistent with other provisions of this Permit. Standards are subject to periodic change by the authorized officer when deemed necessary to meet statutory, regulatory, or policy requirements or to protect national forest resources. The Holder shall comply with inspection requirements deemed appropriate by the authorized officer. C. OPERATING PLAN. The Holder shall prepare and annually revise by as needed an operating plan. The operating plan shall be prepared in consultation with the authorized officer or the authorized officer's designated representative and shall cover all operations authorized by this Permit. The operating plan shall outline steps the Holder will take to protect public health and safety and the environment and shall include sufficient detail and standards to enable the Forest Service to monitor the Holder's operations for compliance with the terms and conditions of this Permit. The operating plan shall be submitted by the Holder and approved by the authorized officer or the authorized officer's designated representative prior to commencement of operations and shall be attached to this Permit as an appendix. The authorized officer may require an annual meeting with the Holder to discuss the terms and conditions of the permit or operating plan, annual use reports, or other concerns either party may have. D. MONITORING BY THE FOREST SERVICE. The Forest Service shall monitor the Holder's operations and reserves the right to inspect the Permit Area and transmission facilities at any time for compliance with the terms of this Permit. The Holder shall comply with inspection requirements deemed appropriate by the authorized officer. The Holder's obligations under this Permit are not contingent upon any duty of the Forest Service to inspect the Permit Area or transmission facilities. A failure by the Forest Service or other governmental officials to inspect is not a justification for noncompliance with any of the terms and conditions of this Permit. IV. RIGHTS AND LIABILITIES A. LEGAL EFFECT OF THE PERMIT. This Permit, which is revocable and terminable, is not a contract or a lease, but rather a federal license. The benefits and requirements conferred by this authorization are reviewable solely under the procedures set forth in 36 CFR 214 and 5 U.S.C. 704. This Permit does not constitute a contract for purposes of the Contract Disputes Act, 41 U.S.C. 601. The permit is not real property, does not convey any interest in real property, and may not be used as collateral for a loan. B. VALID EXISTING RIGHTS. This Permit is subject to all valid existing rights. Valid existing rights include those derived under mining and mineral leasing laws of the United States. The United States is not liable to the Holder for the exercise of any such right. C. ABSENCE OF THIRD-PARTY BENEFICIARY RIGHTS. The parties to this Permit do not intend to confer any rights on any third party as a beneficiary under this Permit. D. SERVICES NOT PROVIDED. This Permit does not provide for the furnishing of road or trail maintenance, water, fire protection, search and rescue, or any other such service by a government agency, utility, association, or individual. E. RISK OF LOSS. The Holder assumes all risk of loss associated with use or occupancy of the Permit Area, including but not limited to theft, vandalism, fire and any fire-fighting activities (including prescribed burns), avalanches, rising waters, winds, falling limbs or trees, and other forces of nature. If authorized temporary improvements in the Permit Area are destroyed or substantially damaged, the authorized officer shall conduct an analysis to determine whether the improvements can be safely occupied in the future and whether rebuilding should be allowed. If rebuilding is not allowed, the applicable portions of this Permit shall terminate. F. DAMAGE TO UNITED STATES PROPERTY. The Holder has an affirmative duty to protect from damage the land, property, and other interests of the United States. Damage includes but is not limited to fire suppression costs and damage to government-owned improvements covered by this Permit. 1. The Holder shall be liable for all injury, loss, or damage, including fire suppression, prevention and control of the spread of invasive species, or other costs in connection with rehabilitation or restoration of natural resources resulting from the use or occupancy authorized by this Permit. Compensation shall include but not be limited to the value of resources damaged or destroyed, the costs of restoration, cleanup, or other mitigation, fire suppression or other types of abatement costs, and all administrative, legal (including attorney's fees), and other costs. Such costs may be deducted from a Maricopa County SUP, TON1295 Page 4 of 9 performance bond required under clause IV.J. 2. The Holder shall be liable for damage caused by use of the Holder or the Holder's heirs, assigns, agents, employees, contractors, or lessees to all roads and trails of the United States to the same extent as provided under clause IV.F.1, except that liability shall not include reasonable and ordinary wear and tear. G. HEALTH AND SAFETY. The Holder shall take all measures necessary to protect the health and safety of all persons affected by the use and occupancy authorized by this Permit. The Holder shall promptly abate as completely as possible and in compliance with all applicable laws and regulations any physical or mechanical procedure, activity, event, or condition existing or occurring in connection with the authorized use and occupancy during the term of this Permit that causes or threatens to cause a hazard to the health or safety of the public or the Holder's employees or agents. The Holder shall as soon as practicable notify the authorized officer of all serious accidents that occur in connection with these procedures, activities, events, or conditions. The Forest Service has no duty under the terms of this Permit to inspect the Permit Area or operations of the Holder for hazardous conditions or compliance with health and safety standards. H. ENVIRONMENTAL PROTECTION. 1. For purposes of clause IV.H and section V, "hazardous material" shall mean (a) any hazardous substance under section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601(14); (b) any pollutant or contaminant under section 101(33) of CERCLA, 42 U.S.C. 9601(33); (c) any petroleum product or its derivative, including fuel oil, and waste oils; and (d) any hazardous substance, extremely hazardous substance, toxic substance, hazardous waste, ignitable, reactive or corrosive materials, pollutant, contaminant, element, compound, mixture, solution or substance that may pose a present or potential hazard to human health or the environment under any applicable environmental laws. 2. The Holder shall avoid damaging or contaminating the environment, including but not limited to the soil, vegetation (such as trees, shrubs, and grass), surface water, and groundwater, during the Holder's use and occupancy of the Permit Area. Environmental damage includes but is not limited to all costs and damages associated with or resulting from the release or threatened release of a hazardous material occurring during or as a result of activities of the Holder or the Holder's heirs, assigns, agents, employees, contractors, or lessees on, or related to, the lands, property, and other interests covered by this Permit. If the environment or any government property covered by this Permit becomes damaged in connection with the Holder's use and occupancy, the Holder shall as soon as practicable repair the damage or replace the damaged items to the satisfaction of the authorized officer and at no expense to the United States. 3. The Holder shall as soon as practicable, as completely as possible, and in compliance with all applicable laws and regulations abate any physical or mechanical procedure, activity, event, or condition existing or occurring in connection with the authorized use and occupancy during or after the term of this Permit that causes or threatens to cause harm to the environment, including areas of vegetation or timber, fish or other wildlife populations, their habitats, or any other natural resources. I. INDEMNIFICATION OF THE UNITED STATES. The Holder shall indemnify, defend, and hold harmless the United States for any costs, damages, claims, liabilities, and judgments arising from past, present, and future acts or omissions of the Holder in connection with the use or occupancy authorized by this Permit. This indemnification provision includes but is not limited to acts and omissions of the Holder or the Holder's heirs, assigns, agents, employees, contractors, or lessees in connection with the use or occupancy authorized by this Permit which result in (1) violations of any laws and regulations which are now or which may in the future become applicable; (2) judgments, claims, demands, penalties, or fees assessed against the United States; (3) costs, expenses, and damages incurred by the United States; or (4) the release or threatened release of any solid waste, hazardous waste, hazardous materials, pollutant, contaminant, oil in any form, or petroleum product into the environment. The authorized officer may prescribe terms that allow the Holder to replace, repair, restore, or otherwise undertake necessary curative actions to mitigate damages in addition to or as an alternative to monetary indemnification. J. BONDING. The authorized officer may require the Holder to furnish a surety bond or other security for any of the obligations imposed by the terms and conditions of this Permit or any applicable law, regulation, or order. V. RESOURCE PROTECTION A. COMPLIANCE WITH ENVIRONMENTAL LAWS. The Holder shall in connection with the use or occupancy authorized by this Permit comply with all applicable federal, state, and local environmental laws and regulations, including but not limited to those established pursuant to the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901 et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., the Oil Pollution Act, as amended, 33 Maricopa County SUP, TON1295 Page 5 of 9 U.S.C. 2701 et seq., the Clean Air Act, as amended, 42 U.S.C. 7401 et seq., CERCLA, as amended, 42 U.S.C. 9601 et seq., the Toxic Substances Control Act, as amended, 15 U.S.C. 2601 et seq., the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, 7 U.S.C. 136 et seq., and the Safe Drinking Water Act, as amended, 42 U.S.C. 300f et seq. B. VANDALISM. The Holder shall take reasonable measures to prevent and discourage vandalism and disorderly conduct and when necessary shall contact the appropriate law enforcement officer. C. PESTICIDE USE. 1. Authorized Officer Concurrence. Pesticides may not be used outside of buildings in the Permit Area to control pests, including undesirable woody and herbaceous vegetation (including aquatic plants), insects, birds, rodents, or fish without prior written concurrence of the authorized officer. Only those products registered or otherwise authorized by the U.S. Environmental Protection Agency and appropriate State authority for the specific purpose planned shall be authorized for use within areas on National Forest System lands. 2. Pesticide-Use Proposal. Requests for concurrence of any planned uses of pesticides shall be provided in advance using the Pesticide-Use Proposal (form FS-2100-2). Annually the Holder shall, on the due date established by the authorized officer, submit requests for any new, or continued, pesticide usage. The Pesticide-Use Proposal shall cover a 12-month period of planned use. The Pesticide-Use Proposal shall be submitted at least 60 days in advance of pesticide application. Information essential for review shall be provided in the form specified. Exceptions to this schedule may be allowed, subject to emergency request and approval, only when unexpected outbreaks of pests require control measures which were not anticipated at the time a Pesticide-Use Proposal was submitted. 3. Labeling, Laws, and Regulations. Label instructions and all applicable laws and regulations shall be strictly followed in the application of pesticides and disposal of excess materials and containers. No pesticide waste, excess materials, or containers shall be disposed of in any area administered by the Forest Service. D. ARCHAEOLOGICAL-PALEONTOLOGICAL DISCOVERIES. The Holder shall immediately notify the authorized officer of all antiquities or other objects of historic or scientific interest, including but not limited to historic or prehistoric ruins, fossils, or artifacts discovered in connection with the use and occupancy authorized by this Permit. The Holder shall follow the applicable inadvertent discovery protocols for the undertaking provided in an agreement executed pursuant to section 106 of the National Historic Preservation Act, 54 U.S.C. 306108; if there are no such agreed-upon protocols, the Holder shall leave these discoveries intact and in place until consultation has occurred, as informed, if applicable, by any programmatic agreement with tribes. Protective and mitigation measures developed under this clause shall be the responsibility of the Holder. However, the Holder shall give the authorized officer written notice before implementing these measures and shall coordinate with the authorized officer for proximate and contextual discoveries extending beyond the Permit Area. E. NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT (NAGPRA). In accordance with 25 U.S.C. 3002(d) and 43 CFR 10.4, if the Holder inadvertently discovers human remains, funerary objects, sacred objects, or objects of cultural patrimony on National Forest System lands, the Holder shall immediately cease work in the area of the discovery and shall make a reasonable effort to protect and secure the items. The Holder shall follow the applicable NAGPRA protocols for the undertaking provided in the NAGPRA plan of action or the NAGPRA comprehensive agreement; if there are no such agreed-upon protocols, the Holder shall as soon as practicable notify the authorized officer of the discovery and shall follow up with written confirmation of the discovery. The activity that resulted in the inadvertent discovery may not resume until 30 days after the forest archaeologist certifies receipt of the written confirmation, if resumption of the activity is otherwise lawful, or at any time if a binding written agreement has been executed between the Forest Service and the affiliated Indian tribes that adopts a recovery plan for the human remains and objects. F. PROTECTION OF THREATENED AND ENDANGERED SPECIES, SENSITIVE SPECIES, AND SPECIES OF CONSERVATION CONCERN AND THEIR HABITAT. 1. Threatened and Endangered Species and Their Habitat. The location of sites within the Permit Area needing special measures for protection of plants or animals listed as threatened or endangered under the Endangered Species Act (ESA) of 1973, 16 U.S.C. 1531 et seq., as amended, or within designated critical habitat shall be shown on a map in an appendix to this Permit and may be shown on the ground. The Holder shall take any protective and mitigation measures specified by the authorized officer as necessary and appropriate to avoid or reduce effects on listed species or designated critical habitat affected by the authorized use and occupancy. Discovery by the Holder or the Forest Service of other sites within the Permit Area containing threatened or endangered species or designated critical habitat not shown on the map in the appendix shall be promptly reported to the other party and shall be added to the map. Maricopa County SUP, TON1295 Page 6 of 9 2. Sensitive Species and Species of Conservation Concern and Their Habitat. The location of sites within the Permit Area needing special measures for protection of plants or animals designated by the Regional Forester as sensitive species or as species of conservation concern pursuant to FSM 2670 shall be shown on a map in an appendix to this Permit and may be shown on the ground. The Holder shall take any protective and mitigation measures specified by the authorized officer as necessary and appropriate to avoid or reduce effects on sensitive species or species of conservation concern or their habitat affected by the authorized use and occupancy. Discovery by the Holder or the Forest Service of other sites within the Permit Area containing sensitive species or species of conservation concern or their habitat not shown on the map in the appendix shall be promptly reported to the other party and shall be added to the map. G. CONSENT TO STORE HAZARDOUS MATERIALS. The Holder shall not store any hazardous materials at the site without prior written approval from the authorized officer. This approval shall not be unreasonably withheld. If the authorized officer provides approval, this Permit shall include, or in the case of approval provided after this Permit is issued, shall be amended to include specific terms addressing the storage of hazardous materials, including the specific type of materials to be stored, the volume, the type of storage, and a spill plan. Such terms shall be proposed by the Holder and are subject to approval by the authorized officer. 1. If the Holder receives consent to store hazardous material, the Holder shall identify to the Forest Service any hazardous material to be stored at the site. This identifying information shall be consistent with column (1) of the table of hazardous materials and special provisions enumerated at 49 CFR 172.101 whenever the hazardous material appears in that table. For hazard communication purposes, the Holder shall maintain Material Safety Data Sheets for any stored hazardous chemicals, consistent with 29 CFR 1910.1200(c) and (g). In addition, all hazardous materials stored by the Holder shall be used, labeled, stored, transported, and disposed of in accordance with all applicable federal, state, and local laws and regulations. 2. The Holder shall not release any hazardous material as defined in clause IV.H for non-federal entities/IV.G for federal entities onto land or into rivers, streams, impoundments, or natural or man-made channels leading to them. All prudent and safe attempts must be made to contain any release of these materials. The authorized officer in charge may specify specific conditions that must be met, including conditions more stringent than federal, state, and local regulations, to prevent releases and protect natural resources. 3. If the Holder uses or stores hazardous materials at the site, upon revocation or termination of this Permit the Holder shall provide the Forest Service with a report certified by a professional or professionals acceptable to the Forest Service that the Permit Area is uncontaminated by the presence of hazardous materials and that there has not been a release or discharge of hazardous materials upon the Permit Area, into surface water at or near the Permit Area, or into groundwater below the Permit Area during the term of the permit. If a release or discharge has occurred, the professional or professionals shall document and certify that the release or discharge has been fully remediated and that the Permit Area is in compliance with all applicable federal, state, and local laws and regulations. H. CLEANUP AND REMEDIATION. 1. The Holder shall immediately notify all appropriate response authorities, including the National Response Center and the authorized officer or the authorized officer's designated representative, of any oil discharge or of the release of a hazardous material in the Permit Area in an amount greater than or equal to its reportable quantity, in accordance with 33 CFR Part 153, Subpart B, and 40 CFR Part 302. For the purposes of this requirement, "oil" is as defined by section 311(a)(1) of the Clean Water Act, 33 U.S.C. 1321(a)(1). The Holder shall immediately notify the authorized officer or the authorized officer's designated representative of any release or threatened release of any hazardous material in or near the Permit Area which may be harmful to public health or welfare or which may adversely affect natural resources on federal lands. 2. Except with respect to any federally permitted release as that term is defined under Section 101(10) of CERCLA, 42 U.S.C. 9601(10), the Holder shall clean up or otherwise remediate any release, threat of release, or discharge of hazardous materials that occurs either in the Permit Area or in connection with the Holder's activities in the Permit Area, regardless of whether those activities are authorized under this Permit. The Holder shall perform cleanup or remediation immediately upon discovery of the release, threat of release, or discharge of hazardous materials. The Holder shall perform the cleanup or remediation to the satisfaction of the authorized officer and at no expense to the United States. Upon revocation or termination of this Permit, the Holder shall deliver the site to the Forest Service free and clear of contamination. VI. LAND USE FEE AND DEBT COLLECTION Maricopa County SUP, TON1295 Page 7 of 9 A. LAND USE FEES. The use or occupancy authorized by this Permit is exempt from a land use fee or the land use fee has been waived in full pursuant to 36 CFR 251.57 and Forest Service Handbook 2709.11, Chapter 30. VII. REVOCATION, SUSPENSION, AND TERMINATION A. REVOCATION AND SUSPENSION. The authorized officer may revoke or suspend this Permit in whole or in part: 1. For noncompliance with federal, state, or local law. 2. For noncompliance with the terms of this Permit. 3. For abandonment or other failure of the Holder to exercise the privileges granted. 4. With the consent of the Holder. 5. For specific and compelling reasons in the public interest. Prior to revocation or suspension, other than immediate suspension under clause VII.B, the authorized officer shall give the Holder written notice of the grounds for revocation or suspension and a reasonable period, typically not to exceed 90 days, to cure any noncompliance. B. IMMEDIATE SUSPENSION. The authorized officer may immediately suspend this Permit in whole or in part when necessary to protect public health or safety or the environment. The suspension decision shall be in writing. The Holder may request an on-site review with the authorized officer's supervisor of the adverse conditions prompting the suspension. The authorized officer's supervisor shall grant this request within 48 hours. Following the on-site review, the authorized officer's supervisor shall promptly affirm, modify, or cancel the suspension. C. APPEALS AND REMEDIES. Written decisions by the authorized officer relating to administration of this Permit are subject to administrative appeal pursuant to 36 CFR Part 214, as amended. Revocation or suspension of this Permit shall not give rise to any claim for damages by the Holder against the Forest Service. D. TERMINATION. This Permit shall terminate when by its terms a fixed or agreed upon condition, event, or time occurs without any action by the authorized officer. Examples include but are not limited to expiration of the permit by its terms on a specified date and termination upon change of control of the business entity. Termination of this Permit shall not require notice, a decision document, or any environmental analysis or other documentation. Termination of this Permit is not subject to administrative appeal and shall not give rise to any claim for damages by the Holder against the Forest Service. E. RIGHTS AND RESPONSIBILITIES UPON REVOCATION OR TERMINATION WITHOUT ISSUANCE OF A NEW PERMIT. Upon revocation or termination of this Permit without issuance of a new permit, the Holder shall remove all structures and improvements, except those owned by the United States, within a reasonable period prescribed by the authorized officer and shall restore the site to the satisfaction of the authorized officer. If the Holder fails to remove all structures and improvements within the prescribed period, they shall become the property of the United States and may be sold, destroyed, or otherwise disposed of without any liability to the United States. However, the Holder shall remain liable for all costs associated with their removal, including costs of sale and impoundment, cleanup, and restoration of the site. VIII. MISCELLANEOUS PROVISIONS A. MEMBERS OF CONGRESS. No member of or delegate to Congress or resident commissioner shall benefit from this Permit either directly or indirectly, except to the extent the authorized use provides a general benefit to a corporation. B. CURRENT ADDRESSES. The Holder and the Forest Service shall keep each other informed of current mailing addresses, including those necessary for billing and payment of land use fees. C. SUPERSEDED PERMIT. This permit supersedes a special use permit designated MARICOPA COUNTY BOARD OF SUPERVISORS, TON438, dated 04/05/2006, CVC643, dated 08/05/2011, TON443, dated 08/03/2005, MES261, dated 12/13/2002, MES269, dated 03/28/2003, MES311, dated 06/09/2003. Maricopa County SUP, TON1295 Page 8 of 9 D. SUPERIOR CLAUSES. If there is a conflict between any of the preceding printed clauses and any of the following clauses, the preceding printed clauses shall control. E. CULTURAL RESOURCES PROTECTION (D001RO). The Holder, contractor, or lessee shall be responsible for the protection from damage of all identified cultural resources within the area which may be affected by their actions. In addition, the Holder, contractor, or lessee shall be liable for all damage or injury to the identified cultural resources caused by their actions. The Holder, contractor, or lessee shall immediately notify the agency Project Administrator if any damage occurs to any cultural resource and immediately halt work in the area in which damage has occurred until approval to proceed has been granted by the Project Administrator after consultation with the Forest Archeologist. All provisions of the Region 3 Cultural Resources Damage Assessment Handbook are incorporated by reference herein. F. NATIVE AMERICAN GRAVE PROTECTION AND REPATRIATION ACT (X003RO). Pursuant to the Native American Grave Protection and Repatriation Act (NAGPRA) 25 USC 3002(d); 43 CFR Part 10.4, if any human remains, funerary objects, sacred objects, or objects of cultural patrimony are discovered during the course of ground disturbing activity, the Holder will immediately cease activity in the area of the discovery and will make a reasonable effort to protect the remains and objects. The Holder will provide immediate telephone notification of the discovery to the Forest Service, and will follow up with written confirmation to the authorized officer. The Holder will not resume the activity that resulted in the discovery until the authorized officer gives written approval. Approval to resume the activity, if otherwise lawful, will be given thirty (30) days after certification by the authorized officer of the Holder's written confirmation of the discovery, or at any time that a written binding agreement is executed between the Forest Service and the affiliated tribes adopting a recovery plan for the remains and objects. G. NONDISCRIMINATION (B-1). 1. The Holder and its employees shall not discriminate against any person on the basis of race, color, sex (in educational activities), national origin, age, or disability or by curtailing or refusing to furnish accommodations, facilities, services, or use privileges offered to the public generally. In addition, the Holder and its employees shall comply with the provisions of Title VI of the Civil Rights Act of 1964 as amended, Section 504 of the Rehabilitation Act of 1973, as amended, Title IX of the Education Amendments of 1972, as amended, and the Age Discrimination Act of 1975, as amended. 2. The Holder shall include and require compliance with the above nondiscrimination provisions in any third-party agreement made with respect to the operations authorized under this Permit. 3. The Forest Service shall furnish signs setting forth this policy of nondiscrimination. These signs shall be conspicuously displayed at the public entrance to the premises and at other exterior or interior locations, as directed by the Forest Service. 4. The Forest Service shall have the right to enforce the foregoing nondiscrimination provisions by suit for specific performance or by any other available remedy under the laws of the United States or the State in which the violation occurs. H. EQUAL ACCESS TO FEDERAL PROGRAMS (B-2). In addition to the above nondiscrimination policy, the Holder agrees to insure that its programs and activities are open to the general public on an equal basis and without regard to any non-merit factor. Maricopa County SUP, TON1295 Page 9 of 9 THIS PERMIT IS ACCEPTED SUBJECT TO ALL ITS TERMS AND CONDITIONS. BEFORE ANY PERMIT IS ISSUED TO AN ENTITY, DOCUMENTATION MUST BE PROVIDED TO THE AUTHORIZED OFFICER OF THE AUTHORITY OF THE SIGNATORY FOR THE ENTITY TO BIND IT TO THE TERMS AND CONDITIONS OF THE PERMIT. ACCEPTED: HOLDER NAME: MARICOPA COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF ARIZONA By: Bill Gates Date Chairman of the Board of Supervisors ATTEST: Clerk of the Board Date APPROVED AS TO FORM: Deputy County Attorney Date APPROVED: _____________________________________________________________________________ NEIL BOSWORTH DATE Forest Supervisor Tonto National Forest According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0082. The time required to complete this information collection is estimated to average one hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and, where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at 202-720-2600 (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider and employer. The Privacy Act of 1974 (5 U.S.C. 552a) and the Freedom of Information Act (5 U.S.C. 552) govern the confidentiality to be provided for information received by the Forest Service.