Communications Site Program Bureau of Land Management (BLM) & Forest Service (FS) Robert Wilson BLM, Washington Office National Project Manager for Communication Sites Office: (435) Shered Mullins BLM, Washington Office National Project Manager for Communication Sites (435) Joey Perry FS, Washington Office Communications Site Program Manager (530)

Agency Program Overview Application Processing Procedures How Industry Can Help Administration and Compliance Agency Challenges/Limitations Minimizing cost while maximizing effectiveness 2 Objectives

Program Overview 3

Authorize communications uses that are consistent with our land management plans and communications site management plans Protect federal lands and resources Facilitate orderly development of communications sites Provide a safe and high-quality communications environment 4 Program Goals and Objectives

BLM: The Secretary of the Interior has broad power to delegate authority (5 U.S.C. 302, Reorganization Plan No. 3 of 1950, etc.). In general most decision making authority has been delegated down to the field office level. Forest Service: Delegate authority and decentralize the Forest Service organization so that decisions are made at the lowest possible level consistent with effective managerial control, and with laws, Executive Orders, and Department of Agriculture regulations. This means that the “Authorized Officer” (decision maker) will usually be located at the local level. This is thought to lead to better decision making but can contribute to inconsistencies from one office to the next. Delegation of Authority

BLM Organization 6 Washington Office State Office District Office Field Office

7

Forest Service Organization 8

Forest Service Regions 9

Provide advice and guidance to BLM/FS offices on program directives Conduct compliance inspections and write site management plans Facilitate resolution of trespass and non-compliance Assist with resolving complex issues related to communications sites Program coordination and development with other Federal and state governments and stakeholders Respond to Congressional requests Ensure appropriate annual rent is being collected Educate Agency personnel on laws, regulations and policy related to the program Educate stakeholders on program practices and regulations Regulatory revisions and updates 10 Our Role

BLM/FS Joint Policy (adopted in 1996): Streamlined authorization process Both agencies utilize Standard Form 299 Same schedule for Cost Recovery (Categories 1-4) Identical national rental fee schedule Based on type of use and population of largest community served Streamlined Administration Single authorization for each facility May be authorized for up to a 30-year term Similar lease documents Similar terminology and requirements 11 BLM/FS Joint Efforts

Laws, Regulations and Directives To Issue Communications Use Authorizations Law Title V, FLPMA Granger-Thye Act Regulations 36 CFR Part 251, Subpart B Directives FSM 2700 FSH , Chapter 30 and 90 Law Title V, FLPMA Act of March 4, 1911 (repealed) Regulations 43 CFR Part 2800 (general); (rent) Directives Various IM’s and IB’s 10

Basic Components of Agency Policy 13 We do not authorize a “ground” lease Each facility must be covered under an authorization Encourage co-location Certain circumstances may require co-location Cost Recovery (processing/monitoring) Single authorization for each facility An occupant located entirely within and/or on authorized non-federal facilities do not require an authorization Communications Use Lease is assignable

Application Processing Procedures 14

Agency-Specific Step-By-Step Application Processes 15 For BLM, please refer to: “Obtaining a Right-of-Way on Public Lands” /energy/cost_recovery_regul ations/pre-application.html ht p:// /energy/cost_recovery_regul ations/pre-application.html For FS,please refer to brochure: “Obtaining a Special-Use Authorization with the Forest Service” ht p://

How Does the BLM and FS Process Applications? On a first-come-first serve basis 2.Require complete application & supporting documentation 3.Pre-application meeting 4.FS Screening Criteria 5.Cost Recovery 6.Internal review 7.NEPA/environmental documentation & clearances 8.Decision 9. Execution of authorization 10.Construction & monitoring

Early coordination has proven to save significant time and money. Allow for avoidance of protected resources. Provides opportunity for proposals with no chance of being permitted to be reworked. Provides the opportunity for agency to fully explain the processing requirements and anticipated timing. Allows for the proponent to mitigate impacts though project design thereby eliminating the need for additional environmental review. Pre-application Meeting 17

Within 60 days of accepting the proposal as an application, the Authorized Officer must: Provide Applicant with an estimate of when their application will be processed; or Issue a decision Note: If it will take more than 60 days to process the application, the office should notify applicant of when their authorization will be issued. Approval and Authorization Process

Cost Recovery fees: Section 503(g) of the Federal Land Policy and Management Act (FLPMA), authorizes the agencies to require an applicant for or holder of an authorization to “reimburse the United States for all reasonable administrative and other costs incurred in processing an application for such right-of-way and in inspection and monitoring of construction, operation, and termination of the facility pursuant to such right-of-way.” 1010 Cost Recovery

An environmental analysis must be conducted pursuant to NEPA to determine the effect the proposed use may have on the natural and human environment. The CEQ regulations provide for categorical exclusions (CEs) to implement the NEPA for the purpose of reducing delay and paperwork. A proposed action may be categorically excluded from further analysis and documentation in an EIS or EA only if there are no extraordinary circumstances related to the proposed action National Environmental Policy Act

Steps in Proposal, Application, and Authorization Process

How Industry Can Help 22

Familiarize yourself with the Communications Site Management Plan, if applicable Submit a completed SF-299 Application Plan of Development Map Engineered drawings Legal description of proposed location Submit a completed Communications Site Technical Data Form 23 What You Can Do

Be ready to demonstrate need/technical constraints Be as flexible as possible with proposal Accommodate co-location Meet with local staff and management in person Project needs as far into the future as possible to reduce the need for amendments If you are a Facility Manager, ensure you have occupants ready to co-locate in facility 24 What You Can Do … continued

Administration and Compliance 25

The right to construct, operate, maintain and terminate a communication facility as described in your authorization The right to rent space in and/or on your facility without additional authorization Use must be compatible with all uses at the site and consistent with the communications site management plan Ability to assign your lease Requires prior written approval of the authorized officer Note: The terms and conditions in our authorizations are non-negotiable What Rights Does a Lease Provide? 26

Your lease does not provide you authority to sublease ground space to others, even within your fenced area. 27

Any substantial deviation in location or use requires the holder to file an amended application (SF-299). This includes: Change in authorized use (F AM to MIC) Modification to existing structures (e.g., increase in tower height) New construction (e.g., new tower, generator) If proposed change is authorized, the agency will issue an amendment to your authorization. Subject to Cost Recovery. 28 Amendments

Agency Challenges/Limitations 29

Both agencies are bound by environmental laws National Environmental Policy Act Endangered Species Act National Historical Preservation Act Staffing Budget Agency priority Co-location is policy Asset divesture and third-party management agreements Abandoned facilities Trespass 30 Agency Challenges/Limitations

Examples of Trespass and Non-Compliance 31

Examples of Trespass and Non-Compliance 32

Early communications with the local office is critical. Please read the terms and conditions of your authorization carefully Understand when a change in your facility requires an amendment Submit your annual inventory form Keep your contact information current with the agency Understand BLM and FS authorization are quite different than private sector We do not authorize an area (ground based lease). We only authorize facilities and ancillary improvements. 33 Important Points to Remember