General Provisions and Rights-of-Way

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.

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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

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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

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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.

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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

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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