[Federal Register Volume 62, Number 141 (Wednesday, July 23, 1997)]
[Notices]
[Pages 39537-39538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19327]
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DEPARTMENT OF THE INTERIOR
National Park Service
Notice of Availability of Policy Statement Concerning Access to
National Park Service Property for the Siting of Mobile Services
Antennas
AGENCY: National Park Service, Interior.
ACTION: Public notice.
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SUMMARY: The National Park Service (NPS) is publishing for review the
policy statement that sets forth the instructions and requirements by
which the NPS will comply with Section 704(c) of the Telecommunications
Act of 1996, consistent with the implementing procedures established by
President Clinton and the General Services Administration (GSA).
DATES: Written comments will be accepted until August 22, 1997.
ADDRESSES: Send comments to Dick Young, Special Park Uses Program
Manager, Colonial National Historical Park, P.O. Box 210, Yorktown, VA
23690.
FOR FURTHER INFORMATION CONTACT: Dick S. Young at 757-898-7846.
BACKGROUND INFORMATION: An August 10, 1995, Executive Memorandum from
the President, directed the heads of all departments and agencies to
facilitate access to Federal property for the purpose of siting mobile
services antennas. On February 8, 1996, the President signed the
Telecommunications Act of 1996 (47 U.S.C. 332). Section 704(c) of the
Act requires the President to develop procedures by which federal
departments and agencies may make available federal properties, rights-
of-way, and easements for wireless telecommunication services. On March
29, 1996, the GSA issued a notice in the Federal Register (61 FR 14100)
of general procedures for implementing the provisions of Section 704(c)
of the Act. These general procedures, together with the Executive
Memorandum, are applicable to all Executive departments and agencies.
Congress provided additional instructions in the Conference Report on
FY 1997 Interior Department appropriations, saying that the NPS
``should promulgate rules which ensure that the public has the
opportunity to participate fully and comment on the issuing of permits,
rights-of-way or easements for any telecommunications facility placed
in any unit of * * * the National Park System * * *''
Through their actions, Congress and the President have established
a compelling Federal interest in promoting the efficient implementation
of the new telecommunications technology. The NPS will therefore follow
the requirements and intent of the Act, the Executive Memorandum and
the GSA procedures, while also recognizing its responsibility for
complying with provisions of the National Park Service Organic Act, the
National Environmental Policy Act (NEPA), the National Historic
Preservation Act of 1966 (NHPA''), and other statutes applicable to the
operation of units of the National Park System. NPS implementation of
Section 704(c) of the Act will take into account language in the House
Report on the bill which eventually became law, stating ``The Committee
recognizes, for example, that use of the Washington Monument,
Yellowstone National Park or a pristine wildlife sanctuary, while
perhaps prime sites for an antenna and other facilities, are not
appropriate and use of them would be contrary to environmental,
conservation, and public safety laws.''
Instructions and Requirements
A. General
1. Park Superintendents will accept, evaluate, and approve or deny
applications for wireless telecommunications facility (WTF) sites
pursuant to this Director's Order. This Director's Order supersedes the
procedures set forth in the Deputy Director's memorandum of May 10,
1996.
2. While this Director's Order establishes the instructions and
requirements regarding WTF sites within park areas, the Associate
Director for Park Operations and Education will prescribe procedures in
the Special Park Uses Handbook to standardize the way park areas
respond to WTF site applications.
3. Park Superintendents will work with WTF site applicants to
satisfy the requirements of the Telecommunications Act, this Director's
Order, the procedures found in the Special Park Uses Handbook, the
park's authorizing legislation and applicable plans, and other
applicable statutes, regulations, and policies.
4. Park Superintendents who expect to receive a high number of WTF
applications will conduct a Comprehensive Assessment for wireless
communications. This Assessment will determine the extent to which, and
the most fair, reasonable, nondiscriminatory and efficient means by
which, the parks can accommodate demands for WTF sites without
derogating park resources, values or purposes. This assessment may be
done prior to or immediately after receiving applications, and should
explore the feasibility of co-location of facilities.
5. Park Superintendents who do not expect to receive a high number
of WTF site applications may either conduct a Comprehensive Assessment
as above, or may process applications and prepare permits for a WTF
site without first having prepared a Comprehensive Assessment, provided
that an EA and any required follow up documents are prepared in
conjunction with the review of the application. All such EA's or
[[Page 39538]]
follow up documents must address the impact of the proposed WTF site,
and the cumulative impact in relation to it, any existing, or future
sites.
6. The public will be given the opportunity to participate fully
and comment on applications for the use of any park property for a WTF
Site. Public participation will be accomplished as part of the
Comprehensive Assessment process, as part of the NEPA process, or using
any method normally used by the park for this purpose.
B. Processing WTF Applications
1. Applicants for WTF sites must submit an application for a right-
of-way permit pursuant to Title 36, Code of Federal Regulations, Part
14, and the Special Park Uses Handbook, including the payment of the
application fee. After receipt of a complete application, the
Superintendent will undertake an initial evaluation, as required by GSA
procedures, within 60 days, and provide a determination in writing to
the applicant. Documentation of this decision will become a part of the
written administrative record.
2. If the Superintendent determines, based on the initial
evaluation of the WTF application, that use of the proposed site would
result in a derogation of park resources, values or purposes, the
Superintendent will reject the application and provide the applicant
with a written notification of the reasons for rejection.
3. If the Superintendent determines, based on the initial
evaluation of the WTF application, that the use of the proposed site
may be appropriate, pending further evaluation, the applicant will be
notified of that determination in writing. In addition, Superintendents
should make every effort to notify other FCC licensees authorized to
provide the same type of wireless communications service within the
park's boundaries. This is necessary to determine if multiple parties
may be interested in sites within the park. Further evaluation
requirements may include:
(a) Compliance with NEPA, NHPA, and other applicable laws and
regulations, and the Special Park Uses Handbook.
OR
(b) If the Superintendent has determined that there is a need for a
Comprehensive Assessment for reasons including but not limited to
multiple applicants, or the proposed sites are in sensitive areas of
the park, then the Superintendent, in addition to the compliance
required under 3(a) above, should address the matter by preparing a
Comprehensive Telecommunications Site Assessment (CTSA) pursuant to the
procedures in the Special Park Uses Handbook. The Superintendent will
provide the applicant with further information about how the CTSA will
be prepared, the estimated timetable, and the estimated additional
costs which the applicant may incur because of this procedure.
(c) In all cases, the NPS will work with the applicant to process
these applications in a timely manner, dependent upon the degree of
complexity.
4. After all required compliance documents have been satisfactorily
completed and approved, and the requested use is still determined to
not be in derogation of the resources, values and purposes of the park,
the Superintendent will prepare the appropriate right-of-way permit(s)
for signature by the applicant and the Regional Director as provided
for in 36 CFR Part 14. If, upon final review, the Superintendent does
determine that the requested use is in derogation of the resources,
values and purposes of the park, the Superintendent will reject the
request and provide the applicant with the reasons for rejection. The
Superintendent will also provide the applicant with the procedures for
appealing that rejection.
More detailed information, including additional background and
required procedures, can be found in the Special Park Uses Handbook,
Appendix 8, Exhibit 6, ``Rights-of-Way for Telecommunications
Facilities.''
Dated: July 16, 1997.
Chris Andress,
Chief, Ranger Activities Division.
[FR Doc. 97-19327 Filed 7-22-97; 8:45 am]
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