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Federal U.S. Forest Service Special Use Authorization (3-FD-d)

The United States Forest Service (USFS) may require special use authorization (SUA) for hydropower projects on USFS-managed public lands under Title V of the Federal Land Policy and Management Act of 1976 (FLPMA). FLPMA authorizes the USFS to issue, renew, or grant authorizations to occupy, use, or traverse National Forest System lands referred to as SUAs for the generation, transmission, and distribution of electric energy. Whereas hydropower projects that are exempted by FERC from completing FERC’s hydropower licensing process will be required to follow a more typical SUA process, projects that require a FERC license will complete a more detailed SUA process with additional steps that relate to FERC’s licensing process. USFS regulations governing the authorization and management of SUAs can be found at 36 CFR 251 et seq. The USFS provides guidance specific to hydropower development in National Forests in both FSM 2700, Chapter 2770 – Federal Power Act Projects and FSH 2709.15, Chapter 60 – Hydroelectric Handbook, Special-Use Authorizations.


U.S. Forest Service Special Use Authorization Process

3-FD-d.1 to 3-FD-d.2 – Is a Special Use Authorization (SUA) Required to Use National Forest Land?

The USFS requirement to obtain a special use authorization depends on whether the project requires a FERC license or is exempted from FERC’s licensing process, and, for FERC licensed projects, the proposal date of the project. For licensed projects the developer might not be required to obtain a SUA from the USFS if the hydropower project existed prior to October 24, 1992 (enactment of EPAct 1992), however, a SUA is required for all projects proposed after that date (FSM 2700, Chapter 2771). For exempted projects the developer must always obtain a SUA (FSM 2700, Chapter 2770.1.4).

For FERC licensed projects in existence on October 24, 1992, the developer is required to obtain a SUA only when project is subject to the Forest Service authorization requirement, as follows:

  • No SUA required for projects with FERC licenses issued prior to October 21, 1976 (enactment of FLPMA) by the FPC (now FERC) because these projects are authorized to occupy federal lands under the Federal Power Act.
  • A SUA is required for,
  1. projects with a FERC license, or with an amended license, between October 21, 1976, and July 6, 1980, where the Forest Service advised the license holder to obtain a SUA, or where a SUA was actually issued; and
  2. projects with a FERC license, or with an amended license, issued after July 6, 1980.

(FSM 2700, Chapter 2771.1).

3-FD-d.3 – Contact USFS to Initiate Process

36 CFR 251.54(a) requires the developer to contact the USFS officer with jurisdiction over the proposed site as early as possible in advance of the proposed use.

3-FD-d.4 - Conduct Pre-Proposal Meeting

The pre-proposal meeting (also known as the pre-application meeting) allows the developer to obtain information regarding the requirements for obtaining a special use authorization. The USFS officer explains the proposal and application process and outlines the terms and conditions that must be included in the special use authorization. At a minimum, the USFS officer should advise the developer of the following:

  • The proposal must pass the nine criteria in the initial screening process to be considered for further screening;
  • Preference in processing applications and issuing authorizations is given to uses that offer public services and benefits over private uses;
  • Special application procedures may apply to a particular land use or administrative unit;
  • A proposal for a commercial use may involve a competitive interest determination and USFS solicitation;
  • A planning permit issued on form FS-2700-4 may be required for complex or sensitive proposals.

(36 CFR 251.54).

3-FD-d.5 to 3-FD-d.7 – Request Planning Permit, if Necessary; Project Proposal

The developer may request planning permits for major developments. Planning permits may be valid for a term of up to ten years. In some cases, a planning permit may be required. Once the on-the-ground investigation and master development plan are complete, the developer submits an application for a special use authorization. The planning permit request must still pass the initial and secondary screening process, but issuance of the permit is categorically excluded from the National Environmental Policy Act (NEPA) process (see Forest Service Handbook 2709.11 – Special Uses Handbook, chapter 10, section 12.1.5).

If a planning permit is not requested or required, the developer should submit a proposal to the USFS. 36 CFR 251.54(b) requires the developer to file a proposal for a special use authorization orally or in writing with the appropriate District Ranger or Forest Supervisor. Proposal requirements can be found at 36 CFR 251.54(d)(3) to d(5) (see Forest Service Handbook 2709.11 – Special Uses Handbook, chapter 10, section 12.11a).

If the developer is a private or public corporation, the AO may also request information regarding the corporation’s organization, makeup and standing (see Forest Service Handbook 2709.11 – Special Uses Handbook, chapter 10, section 12.11(a)(2)(b) and (d); 36 CFR 251.54(d)(2)(ii)(B) and (D)(1)-(5)). Once the proposal is filed, the screening process begins.

3-FD-d.8 to 3-FD-d.10 – Initiate Initial Screening of Proposal; Notify Developer that Proposal is Subject to Second Level Screening

After the proposal is filed, the AO conducts an initial screening to determine whether the proposed action is consistent with existing laws, regulations, and applicable Land Management Plans (LMPs). Initial screening requirements can be found at 36 CFR 251.54(e)(1).

Nine initial screening criteria:

  1. The proposed use is consistent with the laws, regulations, orders, and policies establishing or governing National Forest System lands, with other applicable Federal law, and with applicable State and local health and sanitation laws.
  2. The proposed use is consistent or can be made consistent with standards and guidelines in the applicable forest land and resource management plan prepared under the National Forest Management Act and 36 CFR part 219.
  3. The proposed use will not pose a serious or substantial risk to public health or safety.
  4. The proposed use will not create an exclusive or perpetual right of use or occupancy.
  5. The proposed use will not unreasonably conflict or interfere with administrative use by the Forest Service, other scheduled or authorized existing uses of the National Forest System, or use of adjacent non-National Forest System lands.
  6. The developer does not have any delinquent debt owed to the Forest Service under terms and conditions of a prior or existing authorization, unless such debt results from a decision on an administrative appeal or from a fee review and the developer is current with the payment schedule.
  7. The proposed use does not involve gambling or providing of sexually oriented commercial services, even if permitted under State law.
  8. The proposed use does not involve military or paramilitary training or exercises by private organizations or individuals, unless such training or exercises are federally funded.
  9. The proposed use does not involve disposal of solid waste or disposal of radioactive or other hazardous substances.

(36 CFR 251.54(e)(1)).

For explanations and examples regarding the above criteria, see Forest Service Handbook 2709.11 – Special Uses Handbook chapter 10, section 12.21.

If the proposal fails one or more of the initial screening criteria, the AO returns the proposal to the developer along with a written explanation (or oral explanation, if the proposal was filed orally) of the denial. If the proposal is denied after the initial screening, it will not receive further evaluation (see 36 CFR 251.54(e)(2)).

If the proposal passes the initial screening, the AO notifies the developer that the proposal is subject to second level screening. At this point, the AO provides the developer with additional information required to continue the approval process. The AO provides guidance and information in conformance with 36 CFR 251.54(e)(5) ( Forest Service Handbook 2709.11 – Special Uses Handbook, chapter 10, section 12.3).

SUA’s for hydropower projects are accompanied by numerous additional considerations. Hydropower projects might not be permitted (or permitted with restrictions) within designated special areas of National Forest land. Special area considerations include,

  • Projects in Wilderness Areas: new hydropower project may occupy land in a wilderness only if the President approves (16 U.S.C. 1133(d)(4)) (FSM 2700, Chapter 2775.1).
  • Projects in Roadless Areas: SUA’s granted only for study and other non-ground disturbing activities. All other proposals may be held until the forest plan is approved (FSM 2700, Chapter 2775.2).
  • Projects in Wild and Scenic Rivers Areas: hydropower project-work licensed under the Federal Power Act (FPA) of June 5, 1920 (16 U.S.C. 791(a) et seq.) within the corridor of a river designated as a “wild and scenic river” as provided for in sections 2(a)(ii) and 3(a) of the Wild and Scenic River (W&SR) Act of October 2, 1968 (16 U.S.C. 1278) or a study river as provided for in section 5(a) of the W&SR Act is prohibited (FSM 2700, Chapter 2775.3). Same as for rivers proposed for study (FSM 2700, Chapter 2775.32).
  • Projects upstream from Wild and Scenic Rivers Areas: proposals upstream, downstream, or on a stream tributary to a designated as, or proposed for study for designation as, a wild and scenic river may not invade the designated river area or unreasonably diminish its scenery, recreation, fish, or wildlife values as present at the date of designation (see FSH 2709.15, section 54.7 and 36 CFR 297).
  • Projects on lands in Lands in Conservation Units in Alaska: authorization must ensure that the streamflow of and transportation on the river are not interfered with or impeded (FSM 2700, Chapter 2775.31).
  • Projects in Research Natural Areas: hydropower development is incompatible with purposes of research natural areas, only SUA for non-ground disturbing investigation may be issued (FSM 2700, Chapter 2775.4).
  • Other special areas in which the USFS may determine that hydropower development would not be compatible:
    • Special interest areas, such as scenic, geological, botanical, zoological, and paleontological areas FSM 2362.
    • Cultural resources FSM 2361.
    • National scenic or historic trails FSM 2353.4.
    • Other special land allocations such as national recreation areas established through the forest plan or other procedure where hydropower development would be incompatible.
(FSM 2700, Chapter 2775.5).

For additional hydropower related direction, refer to FSM 7500 for dam safety, FSM 2600 for fish and wildlife, FSM 2520 for riparian areas, FSM 2320 for wilderness areas, FSM 2350 for wild and scenic river areas, and FSM 2540 for instream flow coordination requirements.

3-FD-d.11 to 3-FD-d.16 – Initiate Second Level Screening of Proposal

Once the proposal has passed the initial screening and the developer has been notified, the AO performs a second level screening. The AO may request additional information to obtain a full description of the proposed project and its effects. For example, the project description must identify:

  • The location and scope of the proposed use, the resources affected, anticipated improvements, and method of operation when construction is complete;
  • Construction phases and their estimated starting and completion dates;
  • Any technical requirements for development or operation of the project; and
  • Other federal, state, and private lands affected by the proposed use and any other agencies that have licensing or regulatory authority over the proposed use.

A project proposal may pass the initial screening without this information, but this additional information is required in order to pass the second level screening. Therefore, the AO may request the additional necessary information in order to complete the analysis See 36 CFR 251.54(e)(5); Forest Service Handbook 2709.11 – Special Uses Handbook, chapter 10, section 12.31(b).

36 CFR 251.54(e)(5) requires the AO to reject a proposal after the second level screening if:

  • The proposed use would be inconsistent or incompatible with the purposes for which the lands are managed, or with other uses; or
  • The proposed use would not be in the public interest; or
  • The developer is not qualified; or
  • The developer does not or cannot demonstrate technical or economic feasibility of the proposed use or the financial or technical capability to undertake the use and to fully comply with the terms and conditions of the authorization; or
  • There is no person or entity authorized to sign a special use authorization and/or there is no person or entity willing to accept responsibility for adherence to the terms and conditions of the authorization

See 36 CFR 251.54(e)(5); Forest Service Handbook 2709.11 – Special Uses Handbook, chapter 10, section 12.32).

If the proposal passes the initial and second level screening, the AO notifies the developer that the USFS will accept a written application. The AO provides the developer with additional guidance and information regarding the application process, including the USFS procedures for processing the application and estimated time requirements. Once an application is accepted, NEPA is triggered.

See 36 CFR 251.54(g)(1).

If the proposal fails to pass the second level screening, the AO returns the proposal to the developer along with a written explanation for the denial. Unlike proposals that fail to pass the initial screening, the AO may reconsider proposals that failed to pass the second level screening. The proposal must be corrected and resubmitted to the AO before it may be reconsidered.

See 36 CFR 251.54(g)(1); Forest Service Handbook 2709.11 – Special Uses Handbook, chapter 10, section 12.4.

3-FD-d.17 to 3-FD-d.18 – Has the Developer Applied to FERC for Preliminary Permit?

If the developer has applied to FERC for a preliminary permit, the USFS will submit comments to FERC on potential problems and concerns and conditions (FSM 2700, Chapter 2773.2).

3-FD-d.19 to 3-FD-d.20 - Investigation Special-Use Permit

Regardless of whether the developer has obtained a preliminary permit from FERC, the developer must obtain an investigation SUA in order to occupy NFS lands for studies that have land or resource-disturbing potential (FSH 2709.15, Chapter 61.1). While preliminary permits secure priority of application and remove the land from entry, they do not grant any right to use or occupy NFS lands to conduct studies. Preliminary permits provide the applicant with time to evaluate the feasibility of the proposed project and to complete the studies required to support development of a license application. The developer must obtain an investigation SUA to complete studies that have land or resource-disturbing potential. For example, even though a SUA is not usually required if there are no ground disturbing activities, a special-use authorization regarding cultural resources may be needed even when there would be no ground disturbing-activity (FSM 2700, Chapter 2724.4). Where possible, the term of the investigation SUA will match the preliminary permit, which is usually 3 years. In addition, the investigation SUA will contain terms and conditions describing the type of activities permitted and require payment of a $200 annual fee (FSH 2709.15, Chapters 61.13 and 61.14). A developer does not need to hold a preliminary permit from FERC in order to apply to the USFS for an investigation SUA (FSH 2709.15, Chapter 61.11).

If the developer obtains a preliminary permit it may begin the on-site evaluation process to complete studies required to obtain a SUA as well as a FERC license or exemption.

See On-Site Evaluation: 10

3-FD-d.21 to 3-FD-d.23 – Application for Transportation and Utility Systems with Facilities on Federal Lands (Form SF299)

After the developer completes the pre-application process, the developer must complete Form SF299, also known as the Application for Transportation and Utility Systems with Facilities on Federal Lands. To the extent possible, the developer may use the information and exhibits prepared for the FERC application to meet the needs of the special-use application (FSH 2709.15, Chapter 61.21). The AO reviews the proposed use for the requested site, including effects on the environment, based on the application. The AO may require additional information in the application in order to obtain a full description of the project’s proposed use and its effects. The information in the application should form the basis of the NEPA review (see 36 CFR 251.54(g)(2)(i)).

The USFS will review the initial application and notify the developer within 30 calendar days whether the application is complete and ready for formal review, or whether additional information must be submitted. Once the application is complete, the review process can continue.

3-FD-d.24 – Establish Cost Recovery Agreement

36 CFR 251.58 and Forest Service Handbook 2709.11 – Special Uses Handbook, Chapter 20, govern USFS cost recovery and processing fees. The USFS may recover necessary processing fees for special use applications. 36 CFR 251.58 contains a processing schedule, with six processing categories based on the estimated number of hours required to process the special use authorization application. Applications that require over 50 hours of processing time are placed in processing category 6. Large hydropower projects that require a NEPA analysis will almost always be placed in category 6.

The USFS estimates the agency’s processing cost for category 6 applications based on the complexity of the project, the amount of information required to assess the application, and the degree to which that information can be provided by the developer (see 36 CFR 251.58(c)(1)). When processing category 6 applications the USFS agent must determine the issues to be addressed and develop preliminary work and financial plans for estimating recoverable costs.

For category 6 applications, the USFS and developer may enter into a category 6 major cost recovery agreement. Developers who enter into a category 6 major cost recovery agreement may qualify for a reduction in processing fees, in accordance with 36 CFR 251.58(c)(1)(ii) (see also Section 23.41 of Chapter 20 of the Forest Service Handbook 2709.11 – Special Uses Handbook). The USFS determines whether the processing fees should be reduced based on the developer’s analysis and notifies the developer of its decision in writing.

Processing fees must be paid in full before the USFS will process the application, unless a category 6 major cost recovery agreement provides for periodic payments (see Forest Service Handbook 2709.11 – Special Uses Handbook, Chapter 20, Section 26(3)(a)). If the estimated cost of the category 6 application is lower than the full reasonable cost, the developer is responsible for the difference. Likewise, if the payment exceeds the full reasonable cost, the developer will receive a refund (see 36 CFR 251.58(c)(5)(iii) and (6)(iii)).

3-FD-d.25 to 3-FD-d.26 – Does the Special Use Authorization Conform to the Land Management Plan (LMP)?; Amend Land Management Plan

36 CFR 219.15(d) requires all projects and activities approved on USFS-managed land to be consistent with the applicable LMP. As stated above, the AO will assess whether the proposed use is consistent, or can be made consistent, with the applicable LMP during the initial assessment. If necessary, the developer may petition the USFS to amend the LMP to include the proposed use. For more information regarding the USFS Land Use Amendment Process, see U.S. Forest Service - Land Use Plan Amendment Process:
1-FD-d

Some LMPs already authorize designated transmission corridors. If the proposed project is sited within one of these designated transmission corridors, no amendment is necessary. In addition, the West Wide PEIS amended LMPs in 10 western states to include Section 368 Corridors across USFS-managed land. Projects sited within the Section 368 Corridors will not require any additional amendments.

3-FD-d.27 – Complete Environmental Process

NEPA requires federal agencies to consider the potential environmental consequences of their proposed actions and any reasonable alternatives before undertaking a major federal action. An Environmental Impact Statement (EIS) is required when a major federal action significantly affects the quality of the human environment (see 40 CFR 1502.3). If the effects of the action are not significant an Environmental Assessment (EA) and Finding of No Significant Impact (FONSI) may be sufficient.

For hydropower development on National Forest System land, the lead agency will be FERC and the USFS will be a cooperating agency. FERC will be responsible for the NEPA review, whether the project is licensed or exempted from licensing by FERC (FSM 2700, Chapter 2772.11). The NEPA process FERC will follow will vary depending on which FERC licensing process is used. Under the Traditional Licensing Process, FERC’s typical NEPA process will be followed. Under the Alternative Licensing Process and the Integrated Licensing Process, the NEPA process is combined with the FERC licensing process. The developer is responsible for NEPA related costs, and the NEPA process must be completed before a special use authorization can be issued.

For more information on the NEPA process, see Environmental Review: 9

3-FD-d.28– Process Application

Once the USFS receives form SF-299, the AO reviews the application and evaluates the requested use for the requested site (see 36 CFR 251.54(g)(2)). The application should be processed concurrently with the NEPA review. Authorizations may not be issued until all pre-requisites have been met and the administrative appeal period has expired.

3-FD-d.29 - Does the project require a FERC License?

If the developer is seeking a license from FERC, the USFS will follow a process for issuing a SUA that includes additional steps. Of particular significance is the USFS may develop conditions based on the SUA, which it will submit to FERC under FPA sections 4(e) and 10(a) (See FSH 2709.15, Chapter 61.161.1). The additional steps are discussed below from 3-FD-d.30 to 3-FD-d.34.

3-FD-d.30 to 3-FD-d.31 - Has the Authorized Officer Determined That a SUA is Necessary?

In certain circumstances, the AO may waive the requirement for a special-use permit if the AO determines that the proposed use is already regulated by FERC in a manner that is adequate to protect NFS lands and resources (36 CFR 251.50(e)(2)).

3-FD-d.32 to 3-FD-d.34 - Issue Notice of Acceptance of License Application

When FERC accepts the developer’s license application, FERC will issue notice of acceptance of the license application (see FSM 2700, Chapter 2770.3). In response to the notice, the USFS will respond to FERC with a report pursuant to section 4(e) of the Federal Power Act (see FSH 2709.15, chapter 50). The USFS will include a copy of the draft special-use authorization when filing the Preliminary Terms and Conditions (FSH 2709.15, Chapter 61.2). As part of the section 4(e) process, USFS will provide FERC with a statement of the conclusions as to the project’s consistency or interference with National Forest purposes and the project’s consistency with the applicable land management plan, and identify the nature and extent of any significant inconsistency or interference. In addition, USFS will provide additional license conditions to FERC as recommendations under section 10(a) of the Federal Power Act. Such additional license conditions may include mitigation or enhancement measures contained in settlement agreements applicable to National Forest System lands or resources.

U.S. Forest Service - FERC License Conditions and Recommendations:
7-FD-s

3-FD-d.35 to 3-FD-d.37 - Are any Supplemental Plans Required?

The USFS may require supplemental plans for the management of National Forest resources. Supplemental plans may be required by the FERC license or by a special-use authorization. If the developer applies to FERC for a license, the USFS may require the developer supplemental plans through the 4(e) condition process or attach them to the special-use authorization depending upon the amount of direct control the Forest Service should have over the activity addressed by the plan. Supplemental plans required in special-use authorizations typically address activities requiring direct oversight and administration by the designated Forest officer. If the developer applies to FERC for an exemption, the USFS may require the developer to prepare supplemental plans that will be attached to the special-use authorization. The USFS may also require supplemental plans for unlicensed and non-jurisdictional projects.

(USFS Handbook 2709.15, section 62.6).

The developer is required to prepare any required supplemental plans and should consult with the USFS and other appropriate agencies when preparing the plans. Examples of supplemental plans included in special-use authorizations are: erosion control, revegetation and/or rehabilitation, spoil disposal, grading and profile, toxic and hazardous substances, sewage and/or refuse disposal, flood plain and wetland protection, clearing and disposal, timber removal, recreation site, landscape management, borrow pit restoration, transportation, road maintenance, safety, fire, and construction monitoring.

(USFS Handbook 2709.15, section 62.6).

3-FD-d.38 to 3-FD-d.41 – Has the Application Been Approved?

If the application is denied, the AO returns the application to the developer with a written explanation of the denial. If FERC denies a license or an exemption, the USFS will not issue or allow special-use authorizations to continue (FSM 2700, Chapter 2771). The developer may appeal the decision under 36 CFR 251.54(g)(3)(iii).

3-FD-d.42 to 3-FD-d.46 – Notify Developer of Approval; Special Use Authorization Grant

If the USFS approves the special use authorization, it notifies the developer in writing. The USFS meets with the developer to discuss the terms and administration of the authorization. All of the terms and conditions included in the authorization are mandatory. In addition, the USFS provides the developer with the anticipated schedule of authorization. The USFS will not issue a SUA until FERC has issued either the exemption or the license (FSM 2700, Chapter 2771). Detailed requirements of the contents of special-use authorizations can be found at 36 CFR 251.56.

All special use authorizations must:

  • Accurately identify the holder(s);
  • Cite the statutory authority for granting the authorization;
  • Specify a term consistent with Forest Service Handbook 2709.11 – Special Uses Handbook, chapter 10, section n19, exhibit 2;
  • Accurately describe the area of use and the activity authorized;
  • Clearly state the use and privileges authorized, including improvements that may be installed or used.

In addition, the developer must be identified by name, business entity, partnership, corporation, association, municipality, or agency of the Federal, State or local government.

The AO includes applicable terms and conditions in FS-2700-31 and sends it to the developer for review, unsigned. The developer has 60 days from the receipt of the authorization to sign it. The developer’s signature makes all terms and conditions of the authorization binding. The developer returns the signed authorization to the AO. The authorization becomes effective as soon as it is received and signed by the AO.

36 CFR 251.56 requires special use authorizations to contain terms and conditions that will:

  • Carry out the purposes of applicable statutes and rules and regulations issued thereunder;
  • Minimize damage to scenic and esthetic values and fish and wildlife habitat and otherwise protect the environment;
  • Require compliance with applicable air and water quality standards established by or pursuant to applicable federal or state law; and
  • Require compliance with state standards for public health and safety, environmental protection, and siting, construction, operation, and maintenance if those standards are more stringent than applicable federal standards.

For hydropower development, the authorization will vary depending on whether the SUA is for a project exempted or licensed by FERC.

Licensed

Special use authorizations are required to include conditions and requirements that are not included in the FERC license but which are necessary for comprehensive and compatible use of land, water, and energy resources consistent with the purposes for which the National Forests were created or acquired (FSM 2700, Chapter 2771.2). The term for a SUA for a FERC licensed project will have the same term as the FERC license (FSM 2700, Chapter 2771.3).

Exempted

Because hydropower projects exempted from the FERC licensing process are not required to comply the conditions of a FERC license, SUA’s for exempted hydropower projects contain additional conditions. The special-use authorization for an exempt project should contain the basic conditions that normally would have been in a FERC license. The terms and conditions for an exemption should include, where applicable, the engineering and structural specifications, land-use and administrative fees, resource protection requirements, provisions for site restoration, and safety requirements in addition to other special clauses deemed appropriate by the Forest Service. (FSH 2709.15, Chapter 61.33).

In addition, the USFS Service may require the developer to prepare certain plans that will be attached to the special-use authorization to address activities requiring direct oversight and administration by the designated Forest Officer. These plans can be separate documents, or be sections within construction, operation, or maintenance plans. Examples of supplemental plans that meet this need included in special-use authorizations are:

  • Erosion control;
  • Revegetation and/or rehabilitation;
  • Spoil disposal;
  • Grading and profile;
  • Toxic and hazardous substances
  • Sewage and/or refuse disposal;
  • Flood plain and wetland protection;
  • Clearing and disposal;
  • Timber removal;
  • Recreation site;
  • Landscape management;
  • Borrow pit restoration;
  • Transportation;
  • Road maintenance;
  • Safety;
  • Fire; and
  • Construction monitoring.

Although FERC license exemptions are issued in perpetuity and are transferable, a special-use permit is not assignable and terminates upon change of ownership of the improvements, or at the end of the permit term (36 CFR 251.60(a)(2)(iii)).

(FSH 2709.15, Chapter 61.3).




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