[Federal Register Volume 62, Number 230 (Monday, December 1, 1997)]
[Proposed Rules]
[Pages 63488-63502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31262]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Parts 1 and 14
RIN 1024-AC01
General Provisions and Rights-of-Way
AGENCY: National Park Service, Interior.
ACTION: Proposed rule.
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SUMMARY: This proposed rule revises existing regulations relating to
the issuance of right-of-way permits across National Park Service (NPS)
lands. The NPS has been using interim regulations since 1980. Those
interim regulations have become dated and are in need of revision. This
rulemaking is a complete revision of the interim regulations. It will
provide a process for the review, consideration and approval, or
denial, of requests for rights-of-way across all areas of the National
Park System.
DATES: Written comments will be accepted through January 30, 1998.
ADDRESSES: Mail comments to the National Park Service, Ranger
Activities Division, MS 650 (ROW), P.O. Box 37127, Washington, D.C.
20013-7127.
FOR FURTHER INFORMATION CONTACT: Dick S. Young, Colonial National
Historical Park, P.O. Box 210, Yorktown, VA 23690. Telephone (804) 898-
7846.
[[Page 63489]]
SUPPLEMENTARY INFORMATION:
Background
The NPS is proposing to revise the existing regulations relating to
the issuance of right-of-way permits across NPS lands found at 36 CFR
14. The NPS is currently using interim rules that were published in the
Federal Register on July 11, 1980 (45 FR 47092) to allow
telecommunication and other utility rights-of-way across NPS lands.
Prior to that date, rights-of-ways across public lands, including areas
of the National Park System, were administered under regulations
promulgated by the Bureau of Land Management (BLM), found at 43 CFR
part 2800. The passage, in 1976, of the Federal Land Policy and
Management Act (43 U.S.C. 1761 et seq., 90 Stat. 2743) required the
revision of those regulations by the BLM. Regulations promulgated by
the BLM in 1980 (45 FR 44518) deleted all references to the NPS.
In response, the NPS adopted, without substantive revision, those
provisions found at 43 CFR part 2800 that applied to areas under the
management and control of the NPS. These were promulgated as interim
regulations on July 11, 1980 (45 FR 47092). This proposed regulation is
the first revision of those interim regulations.
The period between 1980 and 1996 has seen many legislative and
policy changes regarding right-of-way management. New language in the
annual budget legislation, now codified at 16 U.S.C. 3a, has altered
the way the NPS looks at fees and the recovery of costs. The
intervening years have also allowed the NPS to accumulate experience
with rights-of-way and other permitting instruments. While the interim
regulations were satisfactory for parts of the process, there are many
gaps and several deficiencies and inequities, all demanding the
promulgation of new regulations. The regulations contained in this
proposed rulemaking will correct the inefficiencies and provide
necessary changes.
Key Issues
The NPS is proposing to update and revise right-of-way regulations
that will provide a uniform process for the review, consideration and
approval or denial of requests for rights-of-way across all areas of
the National Park System. These regulations will establish procedures
for the permitting of rights-of-way that are authorized at the
discretion of the Secretary of the Interior and for rights-of-way
authorized by individual park legislation. The regulations do not apply
to those uses that are subject to or arise from property rights, such
as easements.
These proposed regulations ensure compliance with the right-of-way
authorities found in 16 U.S.C. 5, 79 and 23 U.S.C. 317. They reflect
the Congressional mandate that activities inconsistent with national
park values and purposes will not be authorized in areas of the
National Park System, ``except as may have been or shall be directly
and specifically provided by Congress.'' See section 101(b) of the Act
of March 27, 1978 (16 U.S.C. 1a-1, 92 Stat. 166). They also ensure
compliance with applicable provisions of the National Historic
Preservation Act of 1966 (16 U.S.C. 470 et seq.) and the National
Environmental Policy Act of 1969 (43 U.S.C. 4321-4370).
These proposed regulations do not grant an interest greater than a
permit revocable at the discretion of the Authorized Officer. The
interim regulations state that the regulations do not give the holder
any estate of any kind in fee in the lands of the United States.
However, confusion over the nature of the privilege permitted by the
regulations has arisen by the use of regulatory language normally
associated with the transfer of property rights, terms such as
``grant'', ``easement'' and ``license.'' These proposed regulations
clarify that the permit issued by the NPS will not be construed as a
grant of permanent interest in the real property of the United States.
In granting the discretionary uses the NPS, as an agency of the
Federal government, must also follow the directive of Congress to
recover all costs associated with providing benefits or services not
accruing to the public at large (31 U.S.C. 9701). Accordingly, the fees
authorized by the regulations have been adjusted to be comparable with
prevailing industry standards and to better reflect the actual costs
incurred by the NPS in issuing permits.
Rights-of-way for highways are part of the Federal Aid Highway
System. Section 107(d) of Title 23 provides for transfer of lands or
interest in lands to appropriate jurisdictions. Requests for such
transfer of interest are subject to the provisions of 23 U.S.C. 317.
The NPS and the Federal Highway Administration (FHA) have determined
that such transfer should be accomplished through a highway easement
deed. Highway easement deeds provide for reversion to the NPS of lands
or interest in lands when such use is no longer required for highway
purposes.
Section-by-Section Analysis
As currently codified in Title 36, part 14 consists of six
subparts, labeled A-F. These proposed regulations revise and reorganize
these subparts. A detailed discussion of these proposed revisions is
presented below.
Subpart A--Right-of-Way Permits--General
Section 14.1 Purpose
This is a new section to clarify the purpose of the regulations of
this part. It emphasizes that an applicant for a right-of-way permit
must demonstrate that there is no feasible and prudent alternative to
the proposed right-of-way. Also, the NPS will only permit those uses
that will not be in derogation of the values and purposes for which the
various areas have been established, except as may have been or will be
directly and specifically provided by Congress.
Section 14.2 Applicability and Scope
This section replaces existing Sec. 14.1, and addresses the
following main topics as follows:
1. Park lands and waters subject to regulations. Proposed paragraph
(a) will require a permit for rights-of-way over Federally owned lands
and waters within the exterior boundaries of park areas. The authority
to permit rights-of-way on lands and waters within the boundaries of a
unit is provided for in the general legislation governing the
management and preservation of the National Park System. (See 16 U.S.C.
1-3)
2. Regulations do not apply to NPS owned or operated rights-of-way.
Proposed paragraph (b) clarifies that the regulations of this part do
not apply to rights-of-way owned, controlled or operated by the NPS.
3. Requirements for no alternatives, derogation and statutory
standards. Proposed paragraph (c) clarifies this part as applying only
to those permits where there is no prudent or feasible alternate route
outside the park, that the use will not be in derogation of park
resources and values, and all applicable statutory standards are met.
4. Regulations of oil and gas pipelines. Proposed paragraph (d)
clarifies that operations in connection with the exploration,
development, production and transportation of non-Federal oil and gas
within park units must continue to comply with regulations at 36 CFR
part 9, Subpart B. Such activities, including transportation, do not
invoke the 36 CFR part 14 regulations. This is due to the fact that
owners of the non-Federal
[[Page 63490]]
oil and gas possess a vested property right interest that can only be
extinguished through acquisition. Paragraph (d) also clarifies that the
construction, operation and maintenance of new and existing petroleum
product pipelines in park units that originate and terminate outside
such units will comply with the requirements of 36 CFR part 9, Subpart
B. If authorized by a park unit's enabling statute or other authority,
a right-of-way permit may be issued following the procedures in the 36
CFR part 14 regulations.
5. Proposed paragraph (e) clarifies that applicants for access to
Federal and non-Federal minerals and leases outside park boundaries
must continue to comply with regulations at 36 CFR part 9.
6. Prohibitions of rights-of-way in wilderness areas. Proposed
paragraph (f) clarifies that no rights-of-way will be permitted within
NPS areas proposed for or designated as wilderness under the Wilderness
Act of September 3, 1964 (78 Stat 890; 16 U.S.C. 1131-1136).
7. Regulations in NPS units in Alaska. Proposed paragraph (g)
clarifies that applications for transportation and utility system
corridors in Alaska, pursuant to Title 11 of the Alaska National
Interest Lands Conservation Act of 1980 (ANILCA; 16 U.S.C. 3101 et
seq.) must meet the requirements of regulations at 43 CFR part 36.
8. Approval of the Regional Director. Proposed paragraph (h)
clarifies that new applications for rights-of-way over, under or
through the lands and waters subject to NPS regulations must be
submitted to the Authorized Officer and approved by the appropriate
Regional Director of the NPS or a designee.
Section 14.3 Definitions
This section replaces existing Sec. 14.2. The NPS proposes new
definitions to clarify existing or proposed procedures within these
regulations. Specific changes to existing definitions or definitions
for newly proposed terms are discussed in detail below.
The NPS proposes to add a definition for applicant, to include any
qualified individual, partnership, corporation, association or other
business entity, and any Federal, State or local governmental entity
including municipal corporations, submitting an application under this
part.
A new definition of construction is added to include all temporary
or permanent work done under the authority of a right-of-way permit
from initiation until completion of the necessary activities to
establish the use for which the permit is issued.
The NPS proposes to change the context of the phrase right-of-way
by changing the definition to mean the Federally owned land authorized
to be used or occupied under a right-of-way permit.
The new term right-of-way permit is defined as an authorizing
document that, without conveying any title interest, provides
permission to occupy and use Federal lands and waters within the NPS
boundary under certain terms and conditions and for specified purposes
that is revocable, terminable and unassignable.
Proposed for deletion from this part is the definition of
Secretary, Director, Regional Director, Superintendent and Park, all of
which are defined at Sec. 1.4. Also proposed for deletion is Project,
presently defined at Sec. 14.2(f).
Section 14.4 Information Collection
This new section has been included to comply with the Paperwork
Reduction Act of 1995.
The information collection requirements contained in Sec. 14.21 of
this section have been approved by the Office of Management and Budget
under 44 U.S.C. 3507, et seq., and assigned approval number 1004-0060.
The information being collected is necessary to enable the
Superintendent to issue right-of-way permits. The public is being asked
to provide this information in order for the park to determine whether
a permit should be issued, to track the number of permits issued and to
whom they are issued. These permits are required by 16 U.S.C. 5 and 79,
and by 23 U.S.C. 317.
Subpart B--Terms and Conditions of Right-of-Way Permit
This Subpart replaces existing Subpart B, ``Nature of Interest.''
Section 14.10 Purpose
This Subpart describes the nature and limitations of the
nonexclusive right-of-way permit to be granted.
Section 14.11 Nature of Right-of-Way Permit
This section replaces and expands existing Sec. 14.6. Paragraph (a)
emphasizes that the right-of-way permit does not grant a permanent
interest in the premises nor should it be deemed as an abandonment by
the United States. Further, the section clarifies the point that the
permittee does not gain any estate in fee in the lands or any right
whatever to take from Service lands any mineral, consolidated material,
earth, stone or wood for construction or other purposes not
specifically authorized. In addition, the terms ``easement'' and
``license'' have been removed here and throughout this part to avoid
confusion.
Paragraph (b) has been added clarifying that an approved right-of-
way permit will be limited to the specific use described in the permit
and will not be construed to include the right of the permittee to
authorize any other use within the right-of-way unless authorized in
writing by the Authorized Officer. Furthermore, right-of-way permits
may not be transferred or assigned to other parties without written
permission from the Authorized Officer.
Paragraph (c) has been added to allow that additional right-of-way
permits may be issued by the NPS within previously permitted rights-of-
way. The holders of such permits do not have the right to impose
charges for additional users of such rights-of-way.
Paragraphs (d) and (e) describes the maximum widths and expiration
dates for right-of-way permits.
Section 14.12 Unauthorized Occupancy
This section replaces existing Sec. 14.8. The text has been
modified for clarification and simplification. Occupying or using
Federal lands within a park area for constructing, maintaining,
operating or removing any utility, highway or other facility, except
where specifically authorized by permit according to this part, is
prohibited and subject to the penalties established in Sec. 1.3. By
making Sec. 14.12 subject to the penalties found at 36 CFR 1.3,
Sec. 1.3 will be amended to add part 14.
Section 14.13 Terms and Conditions
This section replaces and significantly reorganizes existing
Sec. 14.9. References to waiving requirements are deleted. The NPS
proposes the addition and deletion of terms and conditions for clarity
and resource protection purposes. These revisions are broadly
summarized in the following chart:
Existing Old Section, 36 CFR Proposed New Section, 36 CFR
Sec. 14.9(b),(c),(e) & (i) Sec. 14.15
(d) Sec. 14.13(a)(9)
(f) Sec. 14.13(c)(d)(e)
(g) Partly deleted, & Sec.
14.13(c)
(h) Sec. 14.13(a)(5)
(j) Deleted
(k) Sec. 14.13(a)(10)
(l) Sec. 14.11; Sec. 14.27
(m) Sec. 14.13(i)
Paragraph (a) provides that right-of-way permits are subject to
such relevant terms, conditions and additional special stipulations as
may be required by the Authorized Officer. New subparagraphs 1 to 14
further specify the types of
[[Page 63491]]
requirements to be addressed in the terms and conditions of right-of-
way permits, allow the Authorized Officer or a designee to enter and
inspect the property and require reimbursement of costs and payment of
all fees.
Paragraph (a) reinforces the requirement to comply with State and
Federal requirements for public health and safety, environmental
protection and siting, construction, operation and maintenance. When
State standards are more stringent than the Federal standards, the
State standards must be met. To protect archeological, paleontological
and historical resources, a requirement is added that activities must
be stopped and the Superintendent immediately notified upon discovery
of such resources. All artifacts unearthed or discovered are the
property of the United States and will be accessioned by the NPS
according to the standards of the automated National Catalog System
before relinquishing them to the United States.
Paragraph (a) also requires compliance with the specifications
pertaining to restoration and rehabilitation of resources as listed in
proposed Sec. 14.15. The requirement is added to notify the Authorized
Officer in writing not less than 10 working days prior to the start of
construction, maintenance or repair on park lands. All work on park
lands will be completed in accordance with the terms of the permit, as
determined by the Authorized Officer or his representative.
New paragraph (b) establishes that a bond or other security may be
required by the Authorized Officer.
Proposed paragraph (c) replaces in part existing paragraph (f) and
requires the permittee to notify and compensate the United States for
all damages caused to Federal lands or resources by the permittee. It
also requires compensation by the permittee for injury, loss or damage
arising from the occupancy or use of lands under the permit, including
costs of fire suppression or clean up of petroleum or other product
spills.
Paragraph (d) expands on existing paragraph (f) in a savings clause
to hold the United States free from all liabilities and claims for
damages.
New paragraph (e) requires the Authorized Officer to include a
strict liability condition in new permits and specify maximum
limitation on liability commensurate with the foreseeable risk or
hazard associated with the use.
New paragraph (f) makes State and local governments liable to the
extent of their laws, or to require at a minimum the repair of any
damages or restitution in full.
New paragraph (g) deals with hazardous materials and toxic
substances by restricting the use, generation or storage on the right-
of-way; requires additional approval before any such use, generation or
storage; requires immediate reporting of any leak, spill or release of
such substances; requires the applicant to produce and submit to the
Authorized Officer a completed emergency action plan.
New paragraph (h) replaces and revises existing paragraph (m) to
indicate the authority of the United States to modify or discontinue
any permit if it conflicts with authorized use and occupancy of lands
under the management authority of the United States.
New paragraph (i) excludes members of or delegates to Congress or
Resident Commissioners to any share or part of a right-of-way permit
issued under this part.
New paragraph (j) states that failure to comply with the
requirements of the permit may lead to its cancellation.
Section 14.14 Additional Terms and Conditions Specific to Electrical
Transmission and Communication Lines
This is a new section that revises, simplifies and replaces
existing Subpart E--Power Transmission Lines, General; Subpart F--
Principles and Procedures, Power Transmission Lines; Subpart G--Radio
and Television Sites; and Subpart H--Telephone and Telegraph Lines.
Some of these terms and conditions have been moved to the general terms
and conditions section at Sec. 14.13. Other sections have been deleted
because they are no longer applicable.
It is felt that Sec. 14.13 adequately addresses the criteria that
should be applied to any right-of-way permit, regardless of type. The
authority for electrical and communication rights-of-way is the same as
for other rights-of-way. Existing subparts E through H are repetitive
and, except for the few specifics in this new Sec. 14.14 applicable to
communication and power lines, have been deleted.
Section 14.15 Rehabilitation and Revegetation Requirements
This new section consolidates existing requirements and establishes
new requirements for the rehabilitation and revegetation of rights-of-
way during various stages of construction, operation, maintenance and
termination. Existing Sec. 14.9 (b),(c),(e) and (i) are incorporated in
this new section.
The rehabilitation and revegetation work must be conducted
according to adopted NPS policies, guidelines, park standards and
applicable vegetation management plans. The permit will be conditioned
to require restoration, revegetation and curtailment of erosion of the
surface of the land during construction and completion of construction.
The permit will also be conditioned to minimize damage and aesthetic
values and fish and wildlife habitat and otherwise protect the
environment. Further, this section places restrictions on the cutting
of vegetation and requires reimbursement to the park of market value
for trees cut.
At the termination and rehabilitation stage of the proposed use,
the permittee is required to participate in a pretermination conference
with the Authorized Officer. Rehabilitation activities must restore
natural resources to their pre-disturbance condition to the
satisfaction of the Authorized Officer. The Authorized Officer may
require rehabilitation and revegetation of the right-of-way to other
than the original condition in previously disturbed areas if consistent
with the management zones and park purposes prescribed in the park's
enabling legislation and General Management Plan. If agreement cannot
be reached between the Authorized Office and the permittee, the
permittee may appeal the decision of the Authorized Officer following
procedures found in Sec. 14.31.
A bond, which is a permit requirement, will not be returned to the
permittee until the Authorized Officer conducts a final inspection to
determine that all work has been satisfactorily completed and that the
revegetation of the site is properly established and self-generating.
Failure to do so may result in forfeiture of all or part of the bond.
The bond in this instance may be utilized to rehabilitate the site. The
bond will never be deposited to the U.S. Treasury as miscellaneous
receipts.
Subpart C--Procedures
Section 14.20 Preapplication
This section is renamed Preapplication. Information is given
regarding the steps to be followed when seeking a right-of-way over,
across or through lands and waters within the boundary of an area of
the National Park System. The purpose of this section is to make the
proponent aware of the application procedures and probable time
requirements, clearances, other permits and licenses required for the
use, environmental and management concerns, cost reimbursement, fees
and bonding requirements, and special conditions applicable to the
area.
[[Page 63492]]
Section 14.21 Application Filing
This section revises and expands existing 36 CFR 14.21 and includes
existing 36 CFR 14.24, 14.25 and 14.28. Paragraph (a) indicates that
the application is to be filed with the Authorized Officer and lists
the basic information needed for evaluating the application. The
information requested in subparagraphs 1 through 9 is needed in order
for the Authorized Officer to determine the impacts of the proposed
activity on park resources and to insure that the activity would not
conflict with any Federal or State law.
Paragraph (b) requires applicants for rights-of-way to demonstrate
their legally recognized right to utilize, transport, store or convey
water.
Paragraph (c) replaces existing 36 CFR 14.25(a) regarding map and
document requirements to accompany a right-of-way application.
Section 14.22 Timely Construction, Nonconstruction and Nonuse.
This section revises existing 36 CFR 14.29. The major revision
places the emphasis on initiating work within two years instead of
completing work within two years. Proof of construction completion is
still required, with certain extensions possible. Completion of
construction dates will be stipulated in the permit.
Section 14.23 Deviation From Approved Right-of-Way
This section replaces existing 36 CFR 14.31, and provides that no
deviation from the approved right-of-way can be initiated by the
permittee without approval from the Authorized Officer.
Section 14.24 Immediate Suspension of Activities.
This new section provides the Authorized Officer with the authority
to issue immediately a temporary suspension of activities order within
a permitted right-of-way to protect park resources, public health or
safety or the environment. This may be done without an administrative
hearing and may be conducted orally. The suspension order may be issued
to the permittee or a contractor or subcontractor, or to any
representative, agent or employee of the permittee. Activity must be
suspended at once upon the issuance of such an order.
The order will remain in effect until it is lifted by the
Authorized Officer in writing. By written request, the permittee may
request that the suspension be lifted, providing reasons for the
request. The Authorized Officer will act upon the permittee's request
within five working days of the date the request is filed.
Section 14.25 Cancellation of Permit
This section replaces and revises existing 36 CFR 14.32 and 14.33.
It addresses the causes that may result in the cancellation of a
permit, rather than the temporary suspension of Sec. 14.24. These
include failing to comply with applicable laws and regulations, terms,
conditions or stipulations of the permit; or abandoning the right-of-
way as described in proposed Sec. 14.22(b).
Before revoking a right-of-way permit pursuant to this section, the
Authorized Officer will give the permittee written notice that such
action is being contemplated and the reasons therefore and will allow
the permittee an opportunity to comply with the terms of the permit.
Section 14.26 Disposition of Personal Property and Improvements Upon
Termination of Rights-of-Way.
This section revises and replaces existing Sec. 14.38. All
references to monies due the United States and references to six-month
limitations for removing property and improvements are deleted. The
permittee is now provided with a reasonable amount of time for removal
activities after termination, revocation or cancellation of a right-of-
way permit. This section also reaffirms the responsibility of the
permittee to restore the site to a condition satisfactory to the
Authorized Officer. Further, if the permittee fails to remove such
improvements or personal property within a reasonable time, as
determined by the Authorized Officer, the improvements and personal
property will become the property of the United States. However, the
permittee will remain liable for all costs of removal of the
improvements of personal property and for rehabilitation and
revegetation of the right-of-way.
Section 14.27 Amendments
This section clarifies that a right-of-way permit may be amended
any time by making a written request. If the amendment is approved, the
Authorized Officer may modify the terms, conditions, land use fees and
charges, and special stipulations to reflect subsequent conditions,
requirements or changes in market value.
Section 14.28 Renewal of Right-of-Way Permits
This section clarifies that a right-of-way permit may be renewed if
authorized by law, if it is being used for authorized purposes and if
it is consistent with the provisions of this part. In making such a
renewal, the Authorized Officer may modify the terms, conditions, land
use fees and charges, and special stipulations, to reflect any
subsequent conditions, requirements or changes in the market values
imposed by Federal and State laws, regulations, and other management
plans or land uses.
Section 14.29 Change in Administrative Jurisdiction Over Lands
This section revises existing 36 CFR 14.34. It clarifies that the
NPS will not cancel an existing right-of-way permit on Federal lands
transferred from the jurisdiction of another Federal agency to the
jurisdiction of the NPS; provided, however, that the use does not
change from that permitted at the time of the issuance of the original
permit.
If a right-of-way permit transferred from another Federal agency to
the jurisdiction of the NPS expires, and if the NPS has decided to
renew the right-of-way, it must be renewed in accordance with these
regulations. The permittee may make a new application for such
authorized use as described in this part.
Section 14.30 Transfer of Right-of-Way Permit
This section replaces existing 36 CFR 14.35, 14.36 and 14.37. Any
proposed transfer to another party of any right-of-way permit must be
filed in accordance with Sec. 14.21. Further, no transfer will be
recognized and no further construction or uses permitted, unless and
until the transfer is first approved by the Authorized Officer. The
transferee must agree to comply with and to be bound by the terms and
conditions of the right-of-way permit. All applications for transfer
approval must be accompanied by an application fee in accordance with
Sec. 14.42(a) and an administrative processing fee in accordance with
Sec. 14.42(b).
Section 14.31 Appeal
This is a new section explaining the requirements and process
associated with appeals.
Subpart D--Fees and Charges
Section 14.40 Purpose
All references to fees and charges are consolidated under this new
Subpart. It places all information regarding fees together in a single,
prominent location rather than being scattered throughout the text of
the regulations. The numbering sequence and section names are changed
from the existing regulations. There are two basic purposes for the
four fees and payments delineated in this section. The fees
[[Page 63493]]
identified in paragraphs (a), (b) and (c) provide for the reimbursement
of costs incurred by the United States in issuing the permit and
monitoring the operation of the right-of-way. Paragraph (d) requires a
fee, equal to fair market value, for use and occupancy of NPS lands.
The linear and nonlinear fee schedules for reimbursement of costs
and monitoring of costs found in existing 36 CFR 14.22 are deleted.
Section 14.41 Exemptions
All references to exemptions from fees are consolidated in this
subsection. Exemptions apply:
(a) To Federal agencies or where the use is for the sole and
exclusive use and benefit of the NPS;
(b) To use and occupancy fees only, to State and local governments
or agencies or instrumentalities thereof where the use is for
governmental purposes (consistent with OMB Circular A-25) and for
electric or telephone facilities financed pursuant to the Rural
Electrification Act of 1936 (7 U.S.C. 31). The proposed rule revises
existing 36 CFR 14.22 by now requiring reimbursement of costs from
these entities.
(c) To situations where the use of Federal lands is needed for
highway purposes under 23 U.S.C. 317;
(d) When Federal law prohibits such fees.
Section 14.42 Reimbursement of Costs
This section reorganizes and replaces existing Sec. 14.22 and
retains its title. The reorganization is summarized in the following
chart:
Existing Old Section, 36 CFR Proposed New Section, 36 CFR
14.22(a)(1) 14.42(b)(1)
14.22(a)(2) 14.41
14.22(a)(3) 14.42(a)
14.22(a)(4) 14.42(b)(2)
14.22(a)(5) 14.42(b)(3)
14.22(a)(6) 14.42(b)(5)
14.22(a)(7) 14.42(b)(4)
14.22(a)(8) 14.42(b)(6)
14.22(a)(9) Deleted
14.22(a)(10) 14.42(b)(7)
14.22(a)(11) 14.42(b)(8)
14.22(a)(12) 14.13
14.22(a)(13) 14.42(b)(9)
14.22(a)(14) 14.42(b)(10)
14.22(a)(15) Deleted
14.22(b)(1)-(4) 14.42(c)(1),(2)
Paragraph (a) establishes a one-time non-refundable application
payment of $100 rather than a variable payment based on mileage as in
existing 36 CFR 14.22.
Paragraph (b)(1) revises existing Sec. 14.22(a)(1) to add
additional requirements that must be complied with by the NPS and makes
the applicant responsible for costs associated with such compliance.
Paragraph (b)(2) establishes procedures for estimating costs and
payment procedures. A clarification is made that the ``processing
payment'' is based on an estimate of cost. It may be required in
advance and later refunded or adjusted, based on an accounting of
actual costs.
Paragraph (b)(3) requires applicants to pay additional amounts if
estimated costs to the United States are exceeded.
Paragraphs (b)(4), (5) and (6) address costs to be borne by the
applicant upon withdrawal of an application before completion of the
approval process or upon permit denial. Any costs paid to the United
States that exceed actual costs will be refunded by the Authorized
Officer or future billings will be credited.
Paragraph (b)(7) requires all applicants for a permit determined by
the Authorized Officer to be in competition with each other to
reimburse the United States according to this section, except that
costs not readily attributable to only one applicant will be borne by
all applicants equally.
Paragraph (b)(8) allows the Authorized Officer to require security
for costs in the section.
Paragraph (b)(9) requires that each party in a joint application
for a permit be jointly and severally liable for costs under this
section.
When more than one noncompeting application is received for a
right-of-way permit found by the Authorized Officer to be for a common
right-of-way system, paragraph (b)(10) makes each applicant jointly
liable for costs according to this section.
New paragraph (c) addresses fees for inspection and monitoring,
replacing existing 36 CFR 14.22(b)(1)-(b)(4). As mentioned above for
proposed Sec. 14.40, the linear and nonlinear fee schedules for
reimbursement of costs and monitoring of costs in existing 36 CFR 14.22
are proposed for deletion. It has been found that often the tables
caused an automatic charging of the minimums expressed in the tables
without a thorough analysis of true expenditures of Government funds.
Therefore, this paragraph requires the reimbursement of all costs
incurred by the NPS or its agents in the processing and monitoring of a
right-of-way permit. This change simplifies the discussion of
monitoring and inspection fees.
Section 14.43 Fee for Use and Occupancy
This section revises existing 36 CFR 14.26 by stating the method
for calculation of the charge for use and occupancy will be the fair
market value, including but not limited to an appraisal. This section
also amends the requirement for payment by stating that in situations
where a lump sum payment is required by the Authorized Officer, the
full sum must be submitted within 60 days of the issuance of the
permit.
Fees for use and occupancy will be paid beyond termination or
cancellation of the permit until equipment removal and site
rehabilitation are completed in accordance to Subpart B.
The minimum charge policy for use and occupancy of lands and waters
is also amended to be not less than $100 per year for any right-of-way
permit issued.
Paragraph (e) revises existing 36 CFR 14.26(d) to clarify that if a
charge required by this section is not paid when due, and such default
will continue for 60 days after notice, action may be taken to cancel
the permit. After default has occurred, any structures or personal
property will be considered abandoned.
Paragraph (f) provides for the review of and adjustment of charges
at intervals not less than five years.
Subpart E--Highway Easement Deeds
This Subpart replaces existing part 14, Subpart D--Under Title 23,
U.S.C. (Interstate and Defense Highway System). The title has been
simplified to better describe the subject covered and to reinforce that
rights-of-way interest for highways is conveyed through highway
easement deeds.
Section 14.50 Rights-of-Way for Highway Purposes
This section revises and replaces existing 36 CFR 14.50. Paragraph
(a) clarifies that right-of-way requests for highways over lands or
interests in lands under the jurisdiction of the NPS may only be
considered if the Secretary of Transportation, acting under the
provisions of 23 U.S.C. 138, determines that there is no feasible and
prudent alternative to the use of such land, and that any action will
include all possible planning to minimize adverse impacts to NPS lands
and resources.
Paragraph (b) sets up the procedures to be followed between the
Secretary of Transportation and the Secretary of the Interior if the
Secretary of Transportation determines that there is no feasible and
prudent alternative for the use, and either no adverse impacts will
occur, or such adverse impacts that might occur have been planned for.
The Secretary of the Interior has four months to approve any deeded
interest transfer.
Paragraph (c) outlines what the Secretary of Transportation will
then do
[[Page 63494]]
when both Secretaries for Transportation and Interior agree on the
request. When both Secretaries approve the request, the Secretary of
Transportation will make the arrangements necessary to convey to the
State or other person requesting such use, adequate rights-of-way and
control of access thereto. The right-of-way interest will be conveyed
through a highway easement deed.
The Secretary of the Interior does not possess the authority to
issue rights-of-way for roads in parks under 36 CFR part 5 or 79. The
only authority for granting such rights-of-way for roads is at 23
U.S.C. 317. Under 23 U.S.C. 317 authority, rights-of-way may be granted
for highway purposes only for Federal aid primary or Federal aid
secondary road networks, and for the Interstate and Defense Highway
Systems.
Section (c) also deletes existing 36 CFR 14.50(b)(2) and 14.51
regarding no intent to vest in a State a right of appropriation of an
interest in land, contrary to the discretion of the Secretary.
Section 14.51 Additional Rights-of-Way within Highway Rights-of-Way
This section revises existing 36 CFR 14.59, requiring a separate
permit for any additional rights-of-way to be authorized within the
same right-of-way, but not for highway purposes. Any relocation or
change of any additional right-of-way made necessary by the highway
will be accomplished at no expense to the United States.
Section 14.52 Termination of Highway Use
This section revises existing 36 CFR 14.52. When the lands are no
longer needed, the control of the lands will revert to the NPS. Upon
notification, the Secretary of the Interior will immediately notify the
Secretary of Transportation and take the necessary action to revoke and
abandon the highway easement deed and revest the NPS with clear and
exclusive title of the unencumbered land.
Subpart F--[Reserved]
This Subpart is reserved for future terms and conditions governing
the operation of valid R.S. 2477 highways across NPS areas.
Organizational Summary
The NPS has prepared the following organizational summary and
distribution table to assist in the location and analysis of the
proposed revisions to 36 CFR part 14:
Numbering
Existing Old Section, 36 CFR Proposed New Section, 36 CFR
14.1 14.2
14.2 14.3
14.5 Deleted
14.6 14.11
14.7 Deleted
14.8 14.13
14.9 14.13, 14.15, 14.27
14.10 14.2
14.20 14.20
14.21 14.21
14.22 14.41, 14.42
14.23 Deleted
14.24 14.21
14.25 14.21
14.26 14.40, 14.43
14.27 Deleted
14.28 14.21
14.29 14.22
14.30 14.22
14.31 14.23
14.32 Deleted
14.33 14.25
14.34 14.30
14.35 14.31
14.36 14.31
14.37 14.31
14.38 14.27
14.50 14.50
14.51 Deleted
14.52 14.52
14.53 Deleted
14.54 Deleted
14.55 Deleted
14.56 Deleted
14.57 Deleted
14.58 14.14
14.59 14.51
14.60 Deleted
14.61 Deleted
14.70 Deleted
14.71 Deleted
14.75 Deleted
14.76 14.15
14.77 Deleted
14.78 Deleted
14.90 Deleted
14.91 Deleted
14.95 Deleted
14.96 Deleted
New Sections
14.1
14.4
14.10
14.15
14.24
14.28
14.29
14.40
14.42
Drafting Information: The primary authors of this proposed rule are
Pat Bentley, Northeast Region, NPS, Philadelphia, PA; Jenness Coffey,
Division of Wildlife and Vegetation, Washington, D.C.; Tony Sisto,
Superintendent, Fort Vancouver, WA; Rick Wagner, Columbia Cascades Land
Resources Program Office, Seattle, WA; Dick Young, Special Park Use
Coordinator, Colonial National Historical Park, VA; and Dennis Burnett,
Washington Office of Ranger Activities, National Park Service.
Public Participation
It is the policy of the Department of the Interior, whenever
practicable, to afford the public an opportunity to participate in the
rulemaking process. Accordingly, interested persons may submit written
comments regarding this proposed rule to the address noted at the
beginning of this rulemaking. The NPS will review all comments and
consider making changes to the rule based upon a thorough analysis of
the comments.
Paperwork Reduction Act
The collection of information as described in Sec. 14.21 of this
proposed rule has been approved by the Office of Management and Budget
(OMB) under 44 U.S.C. 3501 et seq., and assigned approval number 1004-
0060. The information being collected is necessary to enable the
Superintendent to issue right-of-way permits. The public is being asked
to provide this information in order for the park to determine whether
a permit should be issued, to track the number of permits issued and to
whom they are issued. These permits are required by 16 U.S.C. 5 and 79,
and by 23 U.S.C. 317.
The public reporting burden for the collection of information in
Sec. 14.21 is estimated to average from 2-20 hours per response
depending on the size of right-of-way applied for, including the time
for reviewing instructions, searching existing data sources, gathering
and maintaining the data needed, and completing and reviewing the
collection of information.
Specifically, the NPS needs the following information to issue a
permit:
1. Name, address and telephone number of the company requesting a
right-of-way permit.
2. Contact person representing the company.
3. Type of right-of-way permit requested.
4. Rehabilitation and revegetation requirements, if required.
5. Environmental assessment, if required.
Send comments regarding this burden estimate or any other aspect of
this collection of information, including suggestions for reducing the
burden, to Information Collection Officer, Docket No. 1024-AC01,
National Park Service, 1849 C Street, NW, Washington, D.C. 20240; and
the Office of Management and Budget, Office of Information and
Regulatory Affairs, Attention: Desk Officer for the Department of the
Interior (1004-0060), Washington, D.C. 20503.
[[Page 63495]]
Compliance With Other Laws
This rule was reviewed by the Office of Management and Budget
review under Executive Order 12866. The Department of the Interior
determined that this document will not have a significant economic
effect on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq). The overall economic effects of
this rulemaking will be negligible. The updated fee schedules are
consistent with fair business practices, are minor and are present to
allow the recovery of costs by individual parks. There are no expected
increases in costs of prices for consumers, the Federal government or
geographic regions, and only minor increases for individual industries,
State or local governments and agencies.
The NPS has determined and certifies pursuant to the Unfunded
Mandates Reform Act, 2 U.S.C. 1502 et seq., that this proposed rule
will not impose a cost of $100 million or more in any given year on
local, State, or tribal governments or private entities.
The Department has determined that this rule meets the applicable
standards provided in Section 3(a) and 3(b)(2) of Executive Order
12988.
This rule is not a major rule under the Congressional review
provisions of the Small Business Regulatory Enforcement Fairness Act (5
U.S.C. 8-4(2)).
The NPS has determined that this proposed rule will not have a
significant effect on the quality of the human environment, health and
safety because it is not expected to:
(a) Increase public use to the extent of compromising the nature
and character of the area or causing physical damage to it;
(b) Introduce non-compatible uses that might compromise the nature
and characteristics of the area, or cause physical damage to it;
(c) Conflict with adjacent ownerships or land uses; or
(d) Cause a nuisance to adjacent owners or occupants.
Based on this determination, the regulation is categorically
excluded from the procedural requirements of the National Environmental
Policy Act (NEPA) by Departmental guidelines in 516 DM 6, (49 FR
21438). As such, neither an Environmental Assessment nor an
Environmental Impact Statement has been prepared.
List of Subjects
36 CFR Part 1
National parks, Penalties, Reporting and recordkeeping
requirements, Signs and symbols.
36 CFR Part 14
Electric power, Highways and roads, Public lands--rights-of-way.
In consideration of the foregoing, it is proposed to amend 36 CFR
Chapter I as follows:
PART 1--GENERAL PROVISIONS
1. The authority citation continues to read as follows:
Authority: 16 U.S.C. 1, 3, 460 1-6a(e), 469(k); D.C. Code 8-137,
40-721 (1981).
2. Section 1.3 is amended by revising paragraph (a), to read as
follows:
Sec. 1.3 Penalties.
(a) A person convicted of violating a provision of the regulations
contained in parts 1 through 7 and 12 through 14 of this chapter,
within a park area not covered in paragraph (b) or (c) of this section,
shall be punished by a fine as provided by law, or by imprisonment not
exceeding 6 months, or both, and shall be adjudged to pay all costs of
the proceedings.
* * * * *
3. 36 CFR part 14 is revised to read as follows:
PART 14--RIGHTS-OF-WAY
Subpart A--Right-of-Way Permits: General
Sec.
14.1 Purpose.
14.2 Applicability and scope.
14.3 Definitions.
14.4 Information collection.
Subpart B--Terms and Conditions of Right-of-Way Permit
14.10 Purpose.
14.11 Nature of right-of-way permit.
14.12 Unauthorized occupancy.
14.13 Terms and conditions.
14.14 Additional terms and conditions specific to electrical
transmission and communication lines.
14.15 Rehabilitation and revegetation requirements.
Subpart C--Procedures
14.20 Preapplication.
14.21 Application filing.
14.22 Timely construction, nonconstruction and nonuse.
14.23 Deviation from approved right-of-way.
14.24 Immediate suspension of activities.
14.25 Cancellation of permit.
14.26 Disposition of personal property and improvements upon
termination of right-of-way permit.
14.27 Amendments.
14.28 Renewal of a right-of-way permit.
14.29 Change in administrative jurisdiction over lands.
14.30 Transfer of right-of-way permit.
14.31 Appeal.
Subpart D--Fees and Charges
14.40 Purpose.
14.41 Exemptions.
14.42 Reimbursement of costs.
14.43 Fee for use and occupancy.
Subpart E--Highway Easement Deeds
14.50 Rights-of-way for highway purposes.
14.51 Additional uses within highway rights-of-way.
14.52 Termination of highway use.
Authority: 16 U.S.C. 5, 79; 23 U.S.C. 317.
Subpart A--Right-of-Way Permits: General
Sec. 14.1 Purpose.
The purpose of the regulations in this part is to:
(a) Prescribe the procedures by which an applicant may apply for a
right-of-way permit and the terms and conditions under which the
National Park Service may authorize and permit a right-of-way within a
park area.
(b) Regulate, control and direct all authorized activities pursuant
to a right-of-way permit or other legal instrument, to ensure that
there is no feasible and prudent alternative to the proposed right-of-
way and such activities are not exercised in derogation of the values
and purposes for which the various park areas have been established,
except as may have been or will be directly and specifically provided
by Congress.
Sec. 14.2 Applicability and scope.
(a) The regulations contained in this part apply to authorized
rights-of-way activities occurring upon, under, over, across or through
federally owned lands or waters administered by the National Park
Service within the exterior boundaries of park areas.
(b) The regulations contained in this part do not apply to right-
of-way construction, operation and maintenance when said rights-of-way
are owned, controlled or operated by the National Park Service.
(c) Unless otherwise provided for in law, permits issued pursuant
to this part will only be for those rights-of-way permits where:
(1) There is no prudent or feasible alternative for the right-of-
way outside the boundaries of a park area; and
(2) The use will not be in derogation of park resources and values
and other applicable statutory standards authorizing rights-of-way
permits are met.
(d) The regulations in this part do not apply to operations in
connection with the exploration, development, production and
transportation of non-Federally owned oil and gas originating in units
of the National Park System.
[[Page 63496]]
Such operations are subject to regulations found at 36 CFR part 9,
subpart B. The construction, operation and maintenance of rights-of-way
for new and existing transpark petroleum product pipelines occupying
park lands that originate and terminate outside a park unit, must
comply with the requirements of 36 CFR part 9, subpart B. Where
issuance of a right-of-way permit is specifically authorized by a park
unit's enabling statue or other authority, such right-of-way must also
comply with the procedures set forth in this part.
(e) The regulations in this part do not apply to applicants seeking
access to Federal mineral leases or non-Federal minerals outside park
boundaries. Those applicants must meet the requirements of 36 CFR part
9.
(f) No new right-of-way permit will be issued for activities within
park areas on lands or waters proposed for or designated as wilderness
under the Wilderness Act of 1964 (16 U.S.C. 1131-1136).
(g) Applications for transportation and utility system corridors in
Alaska pursuant to Title XI of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3161 et seq.) must be made under
regulations at 43 CFR part 36.
(h) Applications for a right-of-way permit for a park area will be
submitted to the Authorized Officer for the park area. Pursuant to any
statute applicable to lands and waters administered by the National
Park Service and pursuant to the regulations in this part, right-of-way
permits are subject to the approval of the Director. The Director may
delegate this approval authority in writing.
Sec. 14.3 Definitions.
The following definitions apply to this part:
Applicant means any individual; any partnership, corporation,
association or other business entity; and any Federal, State or local
governmental entity, including a municipal corporation, submitting an
application under this part.
Authorized Officer means a park area superintendent or a delegate
appointed in writing by the superintendent.
Construction means any work, whether permanent or temporary in
nature, under the authority of a right-of-way permit from initiation
until completion of the necessary activities to establish the use for
which the permit is issued.
Right-of-way means the land or water area in a park area authorized
to be used or occupied under a right-of-way permit.
Right-of-way permit is an authorizing document that, without
conveying any title interest, provides permission to occupy and use
lands or waters within a park area under certain terms and conditions
and for specified purposes, which is nonexclusive, revocable,
terminable and unassignable.
Sec. 14.4 Information collection.
(a) The information collection requirements contained in Sec. 14.21
have been approved by the Office of Management and Budget under 44
U.S.C. 3507 et seq., and assigned approval number 1004-0060. The
information being collected is necessary to enable the Superintendent
to issue right-of-way permits. The public is being asked to provide
this information in order for the park to determine whether a permit
should be issued, to track the number of permits issued and to whom
they are issued. These permits are required by 16 U.S.C. 5 and 79, and
by 23 U.S.C. 317.
(b) The NPS needs the following information to issue a permit:
(1) Name, address and telephone number of the company requesting a
right-of-way permit.
(2) Contact person representing the company.
(3) Type of right-of-way permit requested.
(4) Rehabilitation and revegetation requirements, if required.
(5) Environmental assessment, if required.
(c) The public reporting burden for the collection of information
in Sec. 14.21 is estimated to average from 2-20 hours per response
depending on the size of right-of-way applied for, including the time
for reviewing instructions, searching existing data sources, gathering
and maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing the burden, to Information Collection Officer,
Docket No. 1024-AC01, National Park Service, 1849 C Street, NW,
Washington, D.C. 20240; and the Office of Management and Budget, Office
of Information and Regulatory Affairs, Attention: Desk Officer for the
Department of the Interior (1004-0060), Washington, D.C. 20503.
Subpart B--Terms and Conditions of Right-of-Way Permit
Sec. 14.10 Purpose.
The purpose of this subpart is to describe the nature, limitations
and the terms and conditions of a right-of-way permit issued in
accordance with this part. This subpart does not apply to highway
easement deeds that are addressed in subpart E of this part.
Sec. 14.11 Nature of right-of-way permit.
(a) A right-of-way permit is not a grant of permanent interest, an
abandonment of use and occupancy of the premises by the United States
or a waiver of any regulatory authority of the United States. The use
permitted will not be greater than a right-of-way permit revocable at
the discretion of the Authorized Officer, unless otherwise specifically
authorized by statute. The permitted use does not give the permittee an
estate in fee, limited estate, interest in the land or any right to
take from a park area any mineral, consolidated material, earth, wood
or stone for construction or other purposes not specifically permitted.
(b) A right-of-way permit will only be for the specifically
described use approved in writing by the Regional Director. A right-of-
way permit may not be transferred or assigned to another party except
as otherwise provided in this part.
(c) A right-of-way permit does not limit the authority of the
Regional Director to approve additional right-of-way permits within or
adjacent to the permitted right-of-way, nor does it authorize a
permittee to impose charges for the additional use of the right-of-way
made subject to such right-of-way permits.
(d) The width or area of a right-of-way under this part is
determined by the Authorized Officer and will not be greater than that
required for the permitted use, nor exceed that authorized by law.
(e) A right-of-way permit will not be issued for a period longer
than ten years, unless otherwise specified in the permit criteria.
Sec. 14.12 Unauthorized occupancy.
Occupying or using Federal lands within a park area for
constructing, maintaining, operating or removing any utility, highway
or other facility, except where specifically authorized by permit
according to this part, is prohibited and subject to the penalties
established in 36 CFR 1.3.
Sec. 14.13 Terms and conditions.
(a) The Authorized Officer will include in a right-of-way permit
terms and conditions pertaining to the extent, duration, location,
construction, operation, maintenance and termination of activities
authorized by the permit and additional stipulations to include,
[[Page 63497]]
but not be limited to, requirements for the permittee to:
(1) Comply with State and Federal laws and regulations applicable
to the park area and the authorized use for which the right-of-way
permit is issued.
(2) Ensure that construction or other activities concerning right-
of-way permits will not violate applicable air and water quality
standards or other standards established by or pursuant to applicable
Federal or State law and regulations or Executive Order.
(3) Ensure compliance with applicable State standards for public
health and safety, environmental protection and siting, construction,
operation and maintenance when those standards are more stringent than
applicable Federal standards.
(4) Ensure that the facilities and appurtenances constructed on the
prescribed right-of-way are maintained and operated consistent with the
purposes of the permit.
(5) Comply with other applicable statutes and regulations with
respect to the occupancy and use of a park area as may be found by the
Authorized Officer to be necessary as a condition to the approval of
the right-of-way permit to render its use compatible with the public
interest.
(6) Halt any activities and immediately notify the Authorized
Officer upon discovery of archeological, paleontological or historical
resources. The permittee must submit to the Authorized Officer a
written report of any findings during the construction phase, and
otherwise comply with the requirements of the National Historic
Preservation Act, the Archeological Resources Protection Act and the
Native American Graves Protection and Repatriation Act. All artifacts
unearthed or discovered are the property of the United States and must
be accessioned by the permittee according to the standards of the
automated National Catalog System before relinquishing same to the
United States.
(7) Comply with the specifications as listed in Sec. 14.15
concerning restoration and rehabilitation of National Park System
resources.
(8) Notify the Authorized Officer, in writing, no fewer than ten
working days before the start of construction and initiate construction
within two years of the date of permit approval.
(9) Initiate construction within two years of the date of permit
approval, or some other time acceptable to the authorizing official,
and establish a reasonable time for the disposition of personal
property upon cancellation or termination of a right-of-way permit
pursuant to Sec. 14.26.
(10) Establish fire prevention systems and ensure initial
suppression capability for wildland and structural fires on or near the
park area to be occupied under the right-of-way permit. This may
include sprinkler systems for structures and/or agreements with local
fire agencies.
(11) Ensure nondiscrimination in the construction, operation and
maintenance of the authorized use. The permittee will not discriminate
against any employee or applicant for employment because of race,
creed, color, sex or national origin and will require an identical
provision to be included in all authorized subcontracts.
(12) Operate and maintain safe practices during the construction,
operation and maintenance of the authorized use and ensure occupational
safety and the public health are not jeopardized.
(13) Ensure that the Authorized Officer has access to the area and
facilities at any time without restriction.
(14) Agree to reimburse all costs to the government and to pay all
fees according to subpart D of this part.
(b) A bond or other security satisfactory to the Authorized Officer
may be required to secure the obligations imposed by the permit and
applicable laws and regulations.
(c) A permittee will promptly notify the Authorized Officer of, and
compensate the United States for, the full value of all injury, loss or
damages to the lands and resources, or other property of the United
States caused by the permittee, its contractors, agents or employees,
as determined by the Authorized Officer, and will be responsible for
costs incurred by the National Park Service that result from any fire
suppression activities or cleanup of petroleum product or hazardous
waste spills caused by the permittee.
(d) Upon accepting a right-of-way permit, a permittee agrees that
such permit is issued upon the express condition that the United
States, its agents and employees, will be free from all liabilities and
claims for damages and/or suits for, or because of any injury or death
to any person or property, whether to the person or property of the
permittee, its agents or employees, or third parties, from any cause
during the term of this permit occasioned by any occupancy or use of
the permitted right-of-way, or any activity carried on by the permittee
in connection therewith; and that the permittee agrees to indemnify,
defend, save and hold harmless the United States, its agents and
employees, from all liabilities, charges, expenses and costs because of
or by reason of any such injuries, deaths, liabilities, claims, suits
or losses however occurring, or damages growing out of the same.
(e) The Authorized Officer will include a condition imposing strict
liability and specifying a maximum limitation on liability that, in the
judgement of the Authorized Officer, is commensurate with the
foreseeable risk or hazards associated with the permittee's use of park
land.
(f) A permittee that is a State or local government or agency or
instrumentality thereof, will be liable to the fullest extent its laws
allow at the time the right-of-way permit is issued. When the power to
assume liability is limited by law, the permittee will be required to
repair damages or make restitution to the fullest extent of its powers
at the time any damage or injury occurs.
(g) Hazardous materials and toxic substances; emergency action plan
requirements. (1) The permittee will not use, generate or store on the
right-of-way any toxic substance as defined by the Toxic Substances
Control Act of 1976 (15 U.S.C. 2601-1692), or hazardous substance or
hazardous waste as defined by the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 (42 U.S.C. 9601-9675), or the
Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901-6992k),
except as provided in the permit.
(2) The permittee must request written approval from the Authorized
Officer before the use, generation or storage of any toxic or hazardous
substance or hazardous waste.
(3) The permittee must immediately notify the Authorized Officer of
any leak, spill or release of such substances, in addition to any other
reports as required under Federal and State law.
(4) The applicant or permittee must show to the satisfaction of the
Authorized Officer that an emergency action plan, including plans for
containment and cleanup of any spills, and any other conditions
required by law, has been completed before the use, generation or
storage of any toxic or hazardous substance or hazardous waste.
(h) A right-of-way permit may be subject to modification,
adaptation or cancellation, without liability or expense to the United
States, if the Authorized Officer determines such action to be
necessary to avoid conflict with the uses for which the park area was
established.
(i) No member of or delegate to Congress or Resident Commissioner
will be admitted to any share or part of a right-of-way permit or to
any benefit
[[Page 63498]]
that may arise from it, but this provision will not apply to this
permit if made with a corporation for its general benefit.
(j) Failure to comply with any of the requirements of the permit
may lead to cancellation of the permit by the Authorized Officer.
Sec. 14.14 Additional terms and conditions specific to electrical
transmission and communication lines.
For an electrical transmission or communication line, a permittee
will comply with the following terms and conditions in addition to
those in Sec. 14.13:
(a) The permittee will protect all surrounding communication and
electrical transmission lines from contact, and all highways and
railroads from obstruction, and maintain all transmission lines in such
manner as not to menace life or property, in accordance with the
National Electric Safety Code, which is available from: National Fire
Protection Association, 1 Batterymarch park, Quincy MA 02269-9101.
Telephone 617-770-3000.
(b) The permittee is responsible for avoiding, and liable to the
extent of law for causing, any inductive or conductive interference
between any transmission line or other works constructed, operated or
maintained on the right-of-way, and any radio installation, telephone
line or other communication facilities.
Sec. 14.15 Rehabilitation and revegetation requirements.
The permittee will rehabilitate and restore those areas disturbed
through construction and/or maintenance activities authorized by the
right-of-way permit to the satisfaction of the Authorized Officer. If
the right-of-way is to be constructed in a disturbed area, then the
Authorized Officer may require further rehabilitation and revegetation
of the right-of-way in compliance with the parks enabling legislation
and General Master Plan.
(a) The permittee will clear and keep cleared, as necessary, the
lands within the right-of-way to the extent and manner directed by the
Authorized Officer, and to dispose of all vegetative and other material
cut, uprooted or otherwise accumulated during the construction and
maintenance activities in an agreed upon manner.
(b) The permittee will not cut, destroy, or remove timber without
first obtaining written permission from the Authorized Officer. The
permittee will reimburse the United States for the market value of
merchantable timber or other resources removed.
(c) The permittee will repair, rebuild or replace in kind any
roads, fences and trails destroyed or damaged by construction
activities, and to provide and maintain suitable crossings for all
roads and trails that intersect the works authorized by the right-of-
way permit.
(d) The permittee will meet additional standards as agreed upon by
the permittee and the authorized officer.
(e) Bonding. The Authorized Officer may require the permittee to
furnish an acceptable security by bond, guaranty, cash, certificate of
deposit or other means for the costs of rehabilitation and
revegetation. The Authorized Officer will not release the bond or
security until a final inspection is conducted to determine that all
rehabilitation requirements have been satisfactorily completed and that
the revegetation of the right-of-way is properly established and self-
generating. Failure to rehabilitate the site will result in the
forfeiture of all or part of the bond. The bond in this instance will
be utilized to rehabilitate the site. The bond will never be deposited
to the U.S. Treasury as miscellaneous receipts.
(f) Termination. (1) Prior to termination of the right-of-way
permit and implementation of rehabilitation and revegetation, the
permittee will consult with the Authorized Officer to insure that the
permittee fully understands and will comply with the agreed upon
rehabilitation and revegetation measures as described in the permit.
(2) Failure of the permittee to initiate or complete rehabilitation
within the time limits and to the standards imposed by this section
will be grounds for forfeiture of all or so much of the bond or
security as the Authorized Officer determines is necessary to achieve
successful rehabilitation.
(3) Should the permittee disagree with the decision of the
Authorized Officer, the permittee may follow the appeal process found
in Sec. 14.31.
Subpart C--Procedures
Sec. 14.20 Preapplication.
The applicant should contact the National Park Service office
responsible for management of the park area before applying for a
right-of-way permit. Information concerning application procedures,
time requirements, clearances, other permits and licenses that may be
required for the use, environmental and management concerns, cost
reimbursement, fees and bonding requirements, and any other conditions
applicable to the area will be provided.
Sec. 14.21 Application filing.
(a) Applications for a right-of-way permit must be filed with the
Authorized Officer for that area. An application will comply with
Sec. 14.42, and will also include, but not be limited to, the following
information:
(1) Name and address of the applicant and the applicant's
authorized agent, if applicable.
(2) A description of the proposed use.
(3) A survey map or drawing acceptable to the Authorized Officer
showing limits of the proposed use area as specified in paragraph (c)
of this section.
(4) A statement of the possible environmental, social and economic
impacts of the proposal and its alternatives.
(5) A statement describing possible impacts of the proposal and its
alternatives on any known cultural, historic and archeological
resources.
(6) A description of the alternatives, routes and modes considered
by the applicant when developing the proposal, including alternate
routes not using the park area and a written statement of why the route
through the park area is otherwise necessary.
(7) Proof of the possession of or application for any Federal,
State or other licenses, permits or other evidence of compliance for
the proposed use.
(8) Certification that the applicant is a citizen of the United
States, or in the case of a partnership, association or corporation, as
being subject to the laws of any State or the United States and that
the information submitted is correct to the best of the applicant's
knowledge.
(9) Proposed beginning and completion dates for the proposed use.
(b) Evidence of right to use water. If the proposed use involves
the storage, diversion or conveyance of water, the applicant will file
a statement of the proper State official, or other appropriate
evidence, showing a legally recognized right to utilize, transport,
divert and/or store water. Where the State requires an applicant to
obtain a right-of-way permit as a prerequisite to the issuance of
evidence of a water right, a right-of-way permit may be issued
conditioned upon the subsequent filing within a specified time of the
required evidence of rights to use, transport, divert and/or store
water from the State official. The right-of-way permit will terminate
at the expiration of such specified period if the evidence is not
produced.
(c) Maps. An applicant must submit with the permit application
three copies of drawings and maps that are sufficiently accurate, to
the satisfaction of the Authorized Officer, so that the
[[Page 63499]]
right-of-way may be precisely located on the ground by any competent
engineer or land surveyor, and, at a minimum:
(1) Show the park boundaries and prominent features in the vicinity
of the requested use.
(2) Have an exactly located and described point of beginning and
ending to locate accurately where the proposed use enters and exits the
park area and to show also any prominent or significant park features
the proposed use will pass, go through, under or over.
(3) Be of a scale appropriate to the proposed use, but large enough
to show detail, with the scale(s) shown on the face of the drawing.
(4) Present the proposed use in strips using match lines rather
than reduce the map scale, if the length of the proposed use is such
that it cannot be shown as one continuous line on a standard
engineering drawing.
Sec. 14.22 Timely construction, nonconstruction and nonuse.
(a) Unless otherwise provided by law, or otherwise specified in the
permit, construction must begin within two years of the date the right-
of-way permit is issued.
(b) Failure of the permittee to use or occupy the right-of-way for
the purpose for which the permit was issued for any continuous two-year
period will constitute a presumption of abandonment.
(c) The Authorized Officer will consider applications for an
extension of the beginning date for construction or right-of-way
rehabilitation upon receipt of the following:
(1) A request from the permittee 90 days before the termination of
the two-year period under paragraph (a) of this section;
(2) A statement justifying the need for the extension including,
but not limited to, the permittee's demonstrated intention to
accomplish the permitted work, meet construction schedules and initiate
rehabilitation efforts; and
(3) Documentation of evidence of extenuating circumstances beyond
the control of the permittee that require the extension.
(d) Failure of the permittee to comply with the requirements of
this section will result in cancellation of the permit.
(e) Completion of construction. (1) Construction must be completed
within the period set forth in the permit.
(2) Within 90 days after completion of construction, or after all
restoration, rehabilitation and revegetation requirements have been
satisfied, whichever is later, the permittee will notify the Authorized
Officer of completion and show, to the satisfaction of the Authorized
Officer, that all applicable permit criteria have been met.
Sec. 14.23 Deviation from approved right-of-way.
No deviation from the location of an approved right-of-way will be
initiated by the permittee without the prior written approval of the
Authorized Officer. The Authorized Officer may require the filing of a
new application in accordance with Sec. 14.21 where, in the Authorized
Officer's judgment, a deviation significantly changes the intent or
purposes of the original right-of-way, or that has the potential to
cause greater or substantially different impacts to park resources than
the original approved use.
Sec. 14.24 Immediate suspension of activities.
(a) If the Authorized Officer determines that an immediate
temporary suspension of activities within a permitted right-of-way is
necessary to protect park resources, public health or safety, or the
environment, the Authorized Officer may promptly suspend such permitted
activities as deemed appropriate.
(b) The Authorized Officer may issue an immediate temporary
suspension order orally, to be followed in writing, at the site of the
activity to the permittee or a contractor or subcontractor of the
permittee, or to any representative, agent or employee of the
permittee. Any oral order will be followed with a written order.
(c) Upon the issuance of a suspension order, the permittee or on-
site agent-in-charge must suspend all activity associated with the
suspension order. An order of immediate suspension of activities will
remain in effect until the Authorized Officer issues a written order
permitting resumption of activities.
(d) Any time after an order of immediate suspension has been
issued, the permittee may file a request with the Authorized Officer
for permission to resume activities. The request will be in writing and
will contain a statement of the facts supporting the request for
resumption.
(e) The Authorized Officer will grant or deny the permittee's
request to resume activities within five working days of the date the
permittee's request is filed.
(f) The United States will not be liable for any claims arising
from the immediate temporary suspension of the permittee's use.
Sec. 14.25 Cancellation of permit.
(a) The Authorized Officer may cancel a right-of-way permit upon a
determination that the permittee has failed to comply with applicable
laws, regulations or Executive Orders, or any special terms, conditions
or stipulations of the right-of-way permit, or has abandoned the right-
of-way as described in Sec. 14.22.
(b) Before canceling a right-of-way permit pursuant to paragraph
(a) of this section, the Authorized Officer will give the permittee
written notice that such action is being considered and the reasons
therefore, and will establish in such notice a deadline for the
permittee to comply with the terms of the permit.
(c) No right-of-way permit will be canceled except on the issuance
of a specific written order of cancellation by the Authorized Officer.
(d) No administrative proceeding will be required in those cases
where the permit terminates under the terms specified within the
permit.
Sec. 14.26 Disposition of personal property and improvements upon
termination of right-of-way permit.
After termination of a right-of-way permit, the permittee will,
unless otherwise directed in writing by the Authorized Officer, remove
improvements or personal property and restore the site to a condition
satisfactory to the Authorized Officer. If the permittee fails to
remove such improvements or personal property, all improvements and
personal property will become the property of the United States, but
the permittee will nevertheless remain liable for all costs of removal
of the improvements of personal property and for rehabilitation and
revegetation of the right-of-way.
Sec. 14.27 Amendments.
(a) A right-of-way permit may be amended any time, either at the
discretion of the Authorized Officer, or upon a written filing by the
permittee requesting amendment of the permit. Such amendments shall be
accomplished with the written and signed agreement of both parties.
(b) In making such amendments, the Authorized Officer may modify
the terms, conditions or fees and charges of the permit, and impose new
stipulations to reflect any changes in conditions, requirements or
market values.
(c) The filing of a new application pursuant to Sec. 14.21 may be
required if the Authorized Officer determines that the requested
amendments require significant deviation from the approved right-of-way
permit.
[[Page 63500]]
Sec. 14.28 Renewal of a right-of-way permit.
(a) Upon written request to the Authorized Officer by the
permittee, and within the six months before the stated date of
expiration, the Authorized Officer may approve the renewal of any
existing right-of-way permit in accordance with the provisions of this
section and any other applicable laws and regulations in effect at the
time of renewal, so long as the activity or facility will continue to
be used for the purposes authorized.
(b) Before renewal, the Authorized Officer may modify the terms,
conditions, land use fees and charges, and special stipulations of the
permit to reflect any changed conditions, requirements, land uses,
market values or Federal and State laws, Federal Executive Orders,
regulations or management plans.
Sec. 14.29 Change in administrative jurisdiction over lands.
(a) Except as otherwise provided for by law, a change in the
administrative jurisdiction over the lands and waters from another
Federal agency to the National Park Service will not cause an existing
right-of-way permit, grant or other authorizing instrument to be
canceled, if there is no change in the approved use.
(b) The holder of the permit, grant or other authorizing instrument
must comply with all additional laws, executive orders and regulations
applicable to the park area.
(c) When a right-of-way permit, grant or other authorizing
instrument transferred from another Federal agency to the jurisdiction
of the NPS expires, the holder of the permit, grant or authorizing
instrument may apply for a right-of-way permit pursuant to this part,
to the Authorized Officer to continue the use of the right-of-way. The
renewal procedures of Sec. 14.28 are not applicable to this section.
Sec. 14.30 Transfer of right-of-way permit.
(a) A proposal by the permittee to transfer any right-of-way permit
to another party, in whole or in part, will be made in accordance with
applicable provisions of Sec. 14.21, as determined by the Authorized
Officer.
(b) No transfer of a permit will be recognized, and no construction
or uses allowed, until the transfer is first approved in writing by the
Authorized Officer. Such transfer must be filed in accordance with
applicable regulations at the time of transfer and must be supported by
the stipulation that the transfer applicant agrees to comply with, and
to be bound by, the terms and conditions of the right-of-way permit.
(c) All filings for transfer approval made pursuant to this section
must be accompanied by an application fee in accordance with
Sec. 14.42(a) and an administrative processing fee in accordance with
Sec. 14.42(b).
Sec. 14.31 Appeal
Should the permittee disagree with a decision of the Authorized
Officer in connection with the regulations in this part, the permittee
may file a written statement to that effect with the Authorized
Officer. The written statement will detail the reason(s) why the
decision is contrary to, or in conflict with the facts, the law, these
regulations, or is otherwise in error. No appeal will be considered
unless it is filed with the Authorized Officer within thirty (30) days
after the date of notification to the permittee of the action or
decision. Upon receipt of such written statement, the Authorized
Officer shall promptly review the action or decision and either reverse
the original decision or prepare a separate statement, explaining that
decision and the reasons, and forward the statement and record of
appeal to the Regional Director of the geographic area in which the
Authorized Office is located, for review and decision.
Subpart D--Fees and Charges
Sec. 14.40 Purpose.
The purpose of this subpart is to delineate and establish
procedures for the payments of the unique fees and charges associated
with a right-of-way permit. Payments are required pursuant to this
subpart for the following categories:
(a) An application processing payment;
(b) A reimbursement for administrative and other appropriate costs
incurred by the National Park Service;
(c) An annual payment for monitoring and inspection; and
(d) A fee for the use and occupancy of a park area at fair market
value.
Sec. 14.41 Exemptions.
The regulations of this subpart do not apply to the following:
(a) Federal agencies, or where the right-of-way is for the sole and
exclusive use and benefit of the National Park Service.
(b) For Sec. 14.43 only, State and local governments or agencies or
instrumentalities thereof, including counties, parishes, boroughs and
other taxing districts, where the use is exclusively for respective
governmental purposes and for electric or telephone facilities financed
pursuant to the Rural Electrification Act of 1936 (7 U.S.C. 31).
Provided, however, that if an applicant derives revenue from charges
levied on customers for services as would a profit making corporation
or business, the applicant is not exempt from charges under this
subpart.
(c) When Federal law specifically prohibits the charging of fees,
or specifically establishes a different fee schedule, rate, structure
or other procedure.
Sec. 14.42 Reimbursement of costs.
(a) Application payment. An applicant for a right-of-way permit
must submit with each application a one-time payment of $100 to cover
initial processing costs.
(b) Administrative processing. (1) An applicant for a right-of-way
permit will reimburse the United States for administrative and other
appropriate costs incurred by the National Park Service in processing
the application.
(2) When an application is received, the Authorized Officer will
provide the applicant an estimate, based upon the best available
information, of costs expected to be incurred by the United States in
processing the application. When the estimated costs exceed $2,500, the
Authorized Officer will either require the applicant to remit the full
payment of the estimated costs before processing the application, or
require a bond or other security pursuant to paragraph (b)(8) of this
section. Such payments may be subsequently refunded or adjusted as
provided by paragraph (b)(6) of this section.
(3) Before the issuance of a right-of-way permit, the applicant
will be required to pay any additional amounts to the extent the costs
of the United States have exceeded the payments required by paragraphs
(b)(1) and (2) of this section.
(4) An applicant who withdraws an application for a permit before a
decision is reached on the issuance of the permit is responsible for
costs incurred by the United States in processing such application up
to the date upon which the Authorized Officer receives written notice
of the withdrawal, and for costs subsequently incurred by the United
States in terminating the application review process. Reimbursement by
the applicant of such incurred costs will be due within 30 days of
receipt of notice of the amount due.
(5) An applicant whose application is denied is nevertheless
responsible for paying the application and administrative costs
incurred by the
[[Page 63501]]
National Park Service in processing the application. Additional costs
that have not been paid in accordance with paragraphs (b)(1), (2) and
(3) of this section, are also due within 90 days of receipt of notice
from the National Park Service of the amount due.
(6) If payment exceeds the actual costs incurred pursuant to
paragraphs (b)(2) and (3) of this section, the National Park Service
will refund the amount under the authority of 43 U.S.C. 1374, or may
adjust future billings to credit the applicant's account for
overpayment. Neither an applicant nor a permittee may adjust any
billing by the National Park Service without prior written approval.
(7) When two or more applications for a right-of-way permit are
filed that the Authorized Officer determines to be in competition, each
applicant will reimburse the National Park Service according to
paragraphs (b)(1) through (6) of this section, except that costs not
readily attributable to only one of the applications, such as costs for
an environmental impact statement, will be paid by each applicant in
equal shares.
(8) The Authorized Officer may require an applicant to furnish
security of an acceptable amount by bond, guaranty, cash, book entry
deposits or other means, for costs under paragraphs (b)(1) through (7)
of this section. The Authorized Officer may require such additional
security or substitution of security as the Authorized Officer deems
appropriate.
(9) When more than one person, partnership, corporation,
association or other entity apply together for a right-of-way permit,
each such applicant will be jointly and severally liable for costs
under paragraphs (b)(1) through (6) of this section.
(10) When two or more noncompeting applications for right-of-way
permits are received for what, in the judgment of the Authorized
Officer, is a common right-of-way system, all applicants will be
jointly and severally liable for costs under paragraphs (b)(1) through
(6) of this section for the entire system, subject however, to the
provisions of paragraphs (b)(8) and (9) of this section.
(c) Monitoring and inspection. (1) The permittee will make in
advance an annual payment as determined by the Authorized Officer, to
the National Park Service for monitoring and inspection of the right-
of-way. Such payment will be sufficient to cover all costs by the
National Park Service or its agents for monitoring the construction,
operation, maintenance and termination of all right-of-way activities
and facilities, and for the protection of surrounding lands.
(2) Within 30 days of receipt of a bill from the National Park
Service for the estimated annual monitoring and inspection costs for
the upcoming year, the permittee will remit such estimated payment to
the National Park Service.
(3) In any year, if annual costs to the National Park Service
exceed the estimate because of unforeseen circumstances, the permittee
will be responsible for paying all such additional costs either as a
one-time payment or as an adjustment of the next annual monitoring
charge.
Sec. 14.43 Fee for use and occupancy.
(a) Once an application has been approved, payment in advance is
required before the issuance of a right-of-way permit for the use and
occupancy of lands and waters under the administration of the National
Park Service. The charge for use and occupancy of lands and waters
authorized by a right-of-way permit issued under this part will be the
fair market value of the right-of-way as determined by the Authorized
Officer using sound business management principles, including but not
limited to an appraisal.
(b) Periodic or lump-sum payments may be required at the discretion
of the Authorized Officer and as indicated in the terms and conditions
of the permit.
(c) Upon the relinquishment or termination of a permit before the
expiration of its term, annual fees must continue to be made under this
section until completion of equipment removal and rehabilitation of the
right-of-way pursuant to subpart B of this part.
(d) The charge for use and occupancy of lands and waters under the
regulations of this part will not be less than $100.00 per year for any
right-of-way permit issued.
(e) If a charge required by this section is not paid when due, and
such default will continue for 60 days after notice, the Authorized
Officer may cancel the permit. Upon cancellation, any structures or
personal property remaining on the right-of-way will be considered
abandoned and be disposed of according to Sec. 14.26, unless written
permission to remove has been granted by the Authorized Officer.
(f) At any time not less than five years after either the issuance
of the permit or the last revision of charges thereunder, the
Authorized Officer, after reasonable notice to the permittee, may
review such existing charges and impose such new charges determined
pursuant to paragraph (a) of this section, commencing with the
following charge year.
Subpart E--Highway Easements Deeds
Sec. 14.50 Rights-of-way for highway purposes.
(a) Whenever a State highway department requests a right-of-way
from the Secretary of Transportation for purposes of a highway that is
part of the Federal aid primary or Federal aid secondary system, or is
part of the National System of Interstate or Defense Highways, pursuant
to Title 23, United States Code, over lands or interests in lands under
the jurisdiction of the National Park Service, the Secretary of
Transportation, acting under the provisions of 23 U.S.C. 138, must
first determine that:
(1) There is no feasible and prudent alternative to the use of such
land; and
(2) Such a program includes all possible planning to minimize
adverse impacts to National Park Service lands and resources resulting
from such use.
(b) Should the Secretary of Transportation, in consultation with
the Secretary of the Interior, determine that there is no feasible and
prudent alternative to the use, and that either no adverse impacts will
occur, or such adverse impacts that might occur will be mitigated to
the satisfaction of the National Park Service, then the Secretary of
Transportation, acting pursuant to 23 U.S.C. 317(b), may file notice
with the Secretary of the Interior. The Secretary of the Interior then
has four months to review and certify to the Federal Highway
Administration approval of such transfer of land and, if the request is
approved, establish such conditions as determined necessary to protect
the park area.
(c) If both the Secretary of Transportation and the Secretary of
the Interior approve the request, the Secretary of Transportation will
then arrange to convey to the State highway department, adequate
rights-of-way and control of access thereto. Such right-of-way interest
will be conveyed through a highway easement deed containing terms and
conditions satisfactory to the Secretary of the Interior for the
protection of park values and resources and in accordance to the
purposes for which the park area was established.
Sec. 14.51 Additional uses within highway rights-of-way.
(a) Separate application by the State highway department or any
other applicant must be made to the Authorized Officer to obtain
authorization to use the park area for other purposes within such
highway right-of-way. An applicant for an additional right-of-way
permit must first obtain a written statement from the
[[Page 63502]]
State highway department indicating its approval and any stipulations
it considers desirable for the additional right-of-way.
(b) Future relocation or change of the additional right-of-way made
necessary by the State highway use will be accomplished at the expense
of the additional right-of-way permittee.
Sec. 14.52 Termination of highway use
(a) If at any time the need for any such lands or materials for
highway purposes pursuant to a highway easement deed will no longer
exist, notice of the fact will be given by the State highway department
to the Secretary of Transportation and such lands or materials will
revert to the control of the Secretary of the Interior.
(b) Upon receipt of such notice, the Secretary of Transportation
will immediately notify the Secretary of the Interior and take steps as
necessary to revoke and abandon the highway easement deed and revest
the Secretary of the Interior with clear and exclusive title of
unencumbered land.
Dated: November 13, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
Note: This document was received at the Office of the Federal
Register on November 24, 1997.
[FR Doc. 97-31262 Filed 11-28-97; 8:45 am]
BILLING CODE 4310-70-P
