The following Special Use Permit became effective in 1992 and expires in 2011 (see paragraph 29). It includes by reference an annual Operation and Maintenance Plan (paragraph 23), jointly prepared by Langmuir Laboratory and the Magdalena District Ranger.
|USDA – Forest ServiceSPECIAL USE PERMIT
Public Law 96-550
This permit is revocable and nontransferable
Permission is hereby granted to New Mexico Institute of Mining and Technology, Langmuir Laboratory of NMIMT, Campus Station, Socorro, New Mexico 87801 hereinafter called the holder, to use subject to the conditions set out below, the following described lands or improvements:
A 1,000 acre site designated as the “Principle Research Facility” in P.L. 96-550 and also includes a water transmission line, pump and generator from the laboratory to the East Fork of Sawmill Canyon; and an overhead, electrified cable from the laboratory to a tower on Timber Ridge, as shown on Exhibit A, dated April 15, 1991, attached to and made part of this permit.
This permit covers 1,000 acres and/or 1.53 miles and is issued for the purpose of:
- Scientific research into atmospheric processes and astronomical phenomena, and to preserve conditions necessary for that research. The following uses are authorized by this permit: use of rockets, weather balloons, buried monitoring stations (kivas), overhead wires, buried utilities, waterlines, improvements, roads, towers, and storage area, and other uses.
1. Construction or occupancy and use under this permit shall begin within In place months, and construction, if any, shall be completed within In place months, from the date of the permit. This use shall be actually exercised at least 365 days each year, unless otherwise authorized in writing.
2. In consideration for this use, the holder shall pay to the Forest Service, U.S. Department of Agriculture, the sum of Dollars ($ ) for the period from 19 , to 19 , and thereafter annually on FEE WAIVED IN ACCORDANCE WITH 36 CFR 51.57(b)(1) , Dollars ($ ): Provided, however, Charges for this use may be made or readjusted whenever necessary to place the charges on a basis commensurate with the value of use authorized by this permit.
3. This permit is accepted subject to the conditions set forth herein, and to conditions 18 to 44 attached hereto and made a part of this permit.
4. Development plans; layout plans; construction, reconstruction, or alteration of improvements; or revision of layout or construction plans for this area must be approved in advance and i writing by the Forest Supervisor. Trees or shrubbery on the permitted area may be removed or destroyed only after the Forest Officer in charge has approved, and has marked or otherwise designated that which may be removed or destroyed. Timber cut or destroyed will be paid for by the holder as follows: Merchantable timber at appraised value; young growth timber below merchantable size at current damage appraisal value; provided that the Forest Service reserves the right to dispose of the merchantable timber to others than the holder at no stumpage cost to the holder. Trees, shrubs, and other plants may be planted in such manner and in such places about the premises as may be approved by the Forest Officer in charge.
5. The holder shall maintain the improvements and premises to standards of repair, orderliness, neatness, sanitation, and safety acceptable to the Forest Officer in charge.
6. This permit is subject to all valid claims.
7. The holder, in exercising the privileges granted by this permit, shall comply with the regulations of the Department of Agriculture and all Federal, State, county, and municipal laws, ordinances, or regulations which are applicable to the area or operations covered by this permit.
8. The holder shall take all reasonable precautions to prevent and suppress forest fires. No material shall be disposed of by burning in open fires during the closed season established by law or regulation without a written permit from the Forest Officer in charge or his authorized agent.
9. The holder shall exercise diligence in protecting from damage the land and property of the United States covered by and used in connection with this permit, and shall pay the United States for any damage resulting from negligence or from the violation of the terms of this permit or of any law or regulation applicable to the National Forests by the holder, or by any agents or employees of the holder acting within the scope of their agency or employment.
10. The holder shall fully repair all damage, other than ordinary wear and tear, to National Forest roads and trails caused by the holder in the exercise of the privilege granted by this permit.
11. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this agreement or to any benefit that may arise herefrom unless it is made with a corporation for its general benefit.
12. Upon abandonment, termination, revocation, or cancellation of this permit, the holder shall remove within a reasonable time all structures and improvements except those owned by the United States, and shall restore the site, unless otherwise agreed upon in writing or in this permit. If the holder fails to remove all such structures or improvements within a reasonable period, they shall become the property of the United States, but that will not relieve the holder of liability for the cost of their removal and restoration of the site.
13. Upon change in ownership of the facilities authorized by this authorization, the rights granted under this authorization may be assigned to the new owner upon application to and approval of the Authorized Officer. The new holder must qualify and agree to comply with and be bound by the terms and conditions of the authorization.
14. In case of change of address, the holder shall immediately notify the Forest Supervisor.
15. The temporary use and occupancy of the premises and improvements herein described may be sublet by the holder to third parties only with the prior written approval of the Forest Supervisor but the holder shall continue to be responsible for compliance with all conditions of this permit by persons to whom such premises may be sublet.
16. This permit may be terminated upon breach of any of the conditions herein or at the discretion of the Regional Forester or the Chief, Forest Service.
17. In the event of any conflict between any of the preceding printed clauses or any provisions thereof and any of the following clauses or any provisions thereof, the following clauses will control.
|HOLDER||Name of Holder
|Signature of Authorized Officer [ signed by L. W. Lattman] Title: President, NM Tech||Date02/25/92|
|Name and Signature [signed for...] C. PHIL SMITH||Title: Acting Forest Supervisor||Date03/12/92|
SAFETY, HEALTH, LIABILITY, AND NONDISCRIMINATION
18. Nondiscrimination, Services
During the performance of this authorization, the holder agrees that:a. The holder and employees shall not discriminate by segregation of otherwise against any person on the basis of race, color, or national origin by curtailing or refusing to furnish accommodations.
b. Title VI attaches coverage to the holder’s employment practices if discrimination in employment impeded the delivery of services and benefits to people on the basis of their race, color, or national origin.
c. The holder shall include and require compliance with this nondiscrimination provision in any subcontract made with respect to the operations under this authorization.
d. Signs setting forth this policy of nondiscrimination, to be furnished by the Forest Service, will conspicuously be displayed at the public entrance to the premises, and at other exterior or interior locations as directed by the Forest Service.
19. Indemnification of United States
The holder shall indemnify the United States against any liability for damage to life or property arising from the occupancy or use of national Forest lands under this permit.
20. Construction Safety
The holder shall carry on all operations in a skillful manner, having due regard for the safety of employees: and shall safeguard with fences, barriers, fills, covers, or other effective devices, pits, cuts, and other excavations which otherwise would unduly imperil the life, safety, or property of other persons.
21. Health, Safety, and Environmental Protection
The holder shall take all measures necessary to protect the health and safety of all persons affected by its activities performed in connection with the construction, operation, maintenance, or termination of the activities authorized by this permit, and shall promptly abate as completely as possible any physical or mechanical procedure, activity, event, or condition, existing or occurring at any time: (1) that is susceptible to abatement by the holder, (2) which arises out of, or could adversely affect the construction, operation, maintenance, or termination of all or any part of the research facility, and (3) that causes or threatens to cause: (a) a hazard to the safety of workers or to public health or safety, or (b) serious and irreparable harm or damage to the environment (including but not listed to areas of vegetation or timber, fish or other wildlife populations, or their habitats, or any other natural resource). The holder shall immediately notify the authorized officer of all serious accidents which occur in connection with such activities.
22. Refuse Disposal
The holder shall dispose of refuse resulting from this use, including waste materials, garbage, and rubbish of all kinds in the following manner: Remove to an approved sanitary landfill.
DEVELOPMENT, CONSTRUCTION, AND PERFORMANCE BONDS
23. Operating and Maintenance Plan
The permit holder and Magdalena District Ranger will jointly prepare an annual Operation and Maintenance Plan that will be made a part of this permit. This plan will be updated annually and would include (but is not limited to) the following: Schedule of activities and experiments; Permanent research facilities; Proposed new facilities; Anticipated temporary (less than one year) structures; Maintenance schedule and standards; Safety procedures; Public access and vehicle restrictions; Erosion control; Off-season closure procedures; Visitor information; etc., within and ancillary to the permit area. An amendment or new permit may be necessary to authorize new facilities and for activities outside the permit area.
RESOURCE AND IMPROVEMENT PROTECTION
The holder shall protect the scenic esthetic values of the area under this permit, and the adjacent land, as far as possible with the authorized use, during construction, operation, and maintenance of the improvements.
25. Erosion Control
Slope stabilization and the prevention of soil erosion and gullying throughout the permitted area and adjacent lands will be accomplished by: complying with the erosion control portion of the Operating and Maintenance Plan.
26. Revegetation, Surface Restoration of Ground Cover
The holder shall be responsible for prevention and control of soil erosion and gullying on lands covered by this permit and adjacent thereto, resulting from construction, operation, maintenance, and termination of th permitted use. The holder shall construct permitted improvements to avoid the accumulation of excessive heads of water and to avoid encroachment on streams. The holder shall revegetate or otherwise stabilize all ground where the soil has been exposed and shall construct and maintain necessary preventive measures to supplement the vegetation.
27. Revegetation, Surface Restoration, Seeding or Planting
Seeding or planting will be done at a time of year, in a manner, and with species which the District Ranger considers offer the best chance of success and will be repeated annually until such areas are accepted in writing by the District Ranger as satisfactorily revegetated and stabilized.
28. Damage and Fire
The holder agrees to take all necessary precautions to avoid damage to property and resources of the United States and will, independently and upon request of the Forest Service, prevent and suppress fires on or near lands occupied, or to be occupied, under this permit, and to pay and indemnify the United States for any and all injury, loss, or damage, including but not limited to fire suppression costs, the United States may suffer as a result of claims, demands, losses, or judgments caused by the holder’s use or occupancy to the maximum extent possible in accordance with State laws, ordinances, regulations, and rules.
TENURE, TERMINATION, REVOCATION, AND LIMIT OF USE
29. Long-Term Use
Unless sooner terminated or revoked by the authorized officer, in accordance with the provisions of the authorization, this authorization shall expire and become void on December 31, 2011, but a new special use authorization to occupy and use the same National Forest System land may be granted provided the holder will comply with the then existing laws and regulations governing the occupancy and use of national Forest lands and shall have notified the authorized officer not less than six months prior to said date that such new authorization is desired.
30. Periodic Revisions
The terms and conditions of this authorization shall be subject to revision in the years 1966, 2001, and 2006 to reflect changing times and conditions.
31. Services Not Provided
This permit is for the occupancy of land for the purposes stated and does not provide for the furnishing of road maintenance, water, fire protection, or any other such service by a Government agency, utility, association, or individual.
32. Archaeological-Paleontological Discoveries
If, prior to or during excavation work, items of archaeological, paleontological, or historic value are reported or discovered, or an unknown deposit of such items is disturbed, the holder will immediately cease excavation in the area so affected. The holder will then notify the Forest Service and will not resume excavation until written approval is given by the authorized officer.If it deems it necessary or desirable, the Forest Service may require the holder to have performed recovery, excavation, and preservation of the site and its artifacts at the holder’s expense. At the option of the Forest Service, this authorization may be terminated at no liability by the United States when such termination is deemed necessary or desirable to preserve or protect archaeological, paleontological, or historic sites and artifacts.
33. Cultural Resource Protection
The holder shall be responsible for the protection from damage of all identified cultural resources within the area which may be affected by his actions. In addition, the holder shall be liable for all damage or injury to the identified cultural resources caused by his actions. The holder 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 he has been authorized by the Project Administrator, after consultation with the Forest Archaeologist, to proceed. All provisions of the Region 3 Cultural Resources Damage Assessment Handbook are incorporated by reference herein.
34. Area Access
The holder agrees to permit free and unrestricted access to and upon the premises at all times for all lawful and proper purposes not inconsistent with the intent of the permit or the reasonable exercise and enjoyment by the holder of the privileges thereof.
No signs or advertising devices shall be erected on the area covered by this permit, or highways leading thereto, without prior approval by the Forest Service as to location, design, size, color, and message. Erected signs shall be maintained or renewed as necessary to neat and presentable standards, as determined by the Forest Service.
The holder, in his advertisements, signs, circulars, brochures, letterheads, and like materials, as well as orally, shall not misrepresent in any way, either the accommodations provided, the status of the permit, or the area covered by it or tributary thereto.The fact that the permitted area is located on the Cibola national Forest shall be made apparent in all of the holder’s brochures and advertising regarding use and management of the area and facilities under permit.
37. Subleasing, Requirements
The holder, in the exercise of the privileges granted by this permit, shall require that employees, subleases, contractors, or subcontractors, and their employees comply with all applicable conditions of this permit and that the conditions of this permit be made a part of all subleases, contracts, subcontracts, or rental agreements. This clause shall not be construed as authorizing such subleases, contracts, subcontracts, or rental agreements unless specifically authorized elsewhere in the permit.
38. Nonexclusive Use
This permit is not exclusive; that is, the Forest Service reserves the right to use or permit others to use any part of the permitted area for any purpose, provided such use does not interfere with the rights and privileges hereby authorized and with the provisions of P.L. 96-550.
39. Electronic Equipment Permits
This permit is contingent upon the existence of applicable Federal Communications Commission (FCC) or Director of Telecommunications Management/Interdepartment Radio Advisory Committee (DTM/IRAC) authorizations and operation of the equipment covered in strict compliance with applicable requirements of FCC or IRAC and the technical data set forth on Form FS-2700-10, Technical Data-Electronic Type land Use. Said forms are to be attached and made a part of this permit.The holder will supply the Forest Service with amended form FS-2700-10 whenever necessary to reflect changes or additions, which must receive prior approval of the FCC or DTM/IRAC following prescribed procedures.
40. Interference With Government Electronic Operations
The operation of the equipment covered by this permit shall not interfere with Untied States Government radio or electronic operations already in existence on National Forest land within two miles of the site to which this permit refers. The holder shall at its own expense take all action necessary to prevent or eliminate such interferences. If it does not eliminate such interference within 10 days after receipt of notice form the Forest Service to do so, this permit may be terminated forthwith.
41. Superseded Permit
This permit supersedes special use permits designated: Langmuir Laboratory, dated February 19, 1969, May 28, 1976, and January 9, 1989.
42. Improvement Relocation
This permit is granted with the express understanding that should future location of Government-owned improvements or road rights-of-way require the relocation of the holder’s improvements, such relocation will be done by, and at the expense of, the holder within a reasonable time as specified by the authorized officer.
43. Water Rights
This permit conveys no right to use of water by the holder.
44. Temporary Lessor Improvements
The holder may construct and place within the Principal Research Area unanticipated lessor improvements of a temporary nature and portable/mobile equipment. This clause does not include: any construction requiring site grading or earth moving; antenna towers exceeding 30 feet; other structures over 10 feet high or covering more than 200 square feet; structures needed for more than one year. Temporary lessor improvements must be removed at the end of the field season.