FOREST SERVICE MANUAL PACIFIC SOUTHWEST REGION (R5) VALLEJO, CALIFORNIA FSM SPECIAL USES MANAGEMENT CHAPTER ZERO CODE

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1 FOREST SERVICE MANUAL PACIFIC SOUTHWEST REGION (R5) VALLEJO, CALIFORNIA FSM SPECIAL USES MANAGEMENT Supplement No.: Effective Date: 2/20/2015 Duration: This supplement expires 5 years from the effective date unless superseded or removed earlier. Approved: Randy Moore, Regional Forester Date Approved: 2/5/2015 Posting Instructions: Manual supplements are numbered consecutively by Manual number and calendar year. Post by document; remove the entire document and replace it with this supplement. Retain this transmittal as the first page(s) of this document. Last Change: to Zero Code New Document: 2700_Zero Code, 5 Pages Superseded Document(s): , 03/08/2010, 5 Pages Digest: Delegates to the Director of Public Services complete authority to sign special use authorizations, either for the Regional Forester (in cases where that authority has not been delegated to Forest Supervisors) or directly as the Authorized Officer Changes the requirement for pre-approval review of special use authorization to include all new authorizations that exceed ten years, all new Granger-Thye Act authorizations that exceed one year, and all authorizations (both new and renewals/reissuances) that exceed thirty years. Delegates to Forest Supervisors the authority to issue special use authorizations when the use affects more than one forest.

2 Removes requirement that Forest Supervisors must provide copies of communication site plans to specific Regional personnel. Page 2

3 AUTHORITY FSM SPECIAL USES MANAGEMENT Current Statutory Authorities In addition to the Statutory Authorities listed in FSM , the following Special Federal Acts govern the occupancy and use of specific National Forest System lands in the Pacific Southwest Region: 25. Act of June 18, 1932 (47 Stat. 324). This Act provides authority for the Secretary of Interior to grant land to the Metropolitan Water District of Southern California for numerous purposes associated with aqueduct construction and maintenance. If any of the lands to which the said district seeks to acquire title are in National Forest, the approval of the Secretary of Agriculture must be obtained. In a letter dated 10/11/66 ( Authorizations--Easements) Chief Edward C. Cliff authorized the Regional Forester of the California Region to exercise the following function: "The approval of maps prior to submission to the Secretary of the Interior in accordance with the provisions of Section 3 of the Act of June 18, 1932 (47 Stat. 324), which provides for the granting of lands and rights-of-way which may be necessary in carrying out the purposes of the Metropolitan Water District of Southern California." The Office of the General Counsel is of the opinion that "the estate granted is within the discretion of the Secretaries. The grant need not be the estate applied for, but the Secretaries may grant an estate which, in their discretion, is determined to be necessary for the purposes proposed by the water district." 26. Act of June 23, 1936 (49 Stat. 1892). This Act provides for grants of lands in Mono County, California, necessary for rights-of-way, reclamation, water storage and distribution, or power transmission, communication and transportation to the city of Los Angeles. The approval of the Secretaries of Agriculture and Interior is required when the city seeks to acquire title to lands within National Forests. The grants terminate and the lands revest whenever the land is no longer used for the purposes granted. The land may not be assigned to private individuals, associations or corporations. NO AUTHORITIES (emphasis added) under this Act have been delegated to the Regional Forester RESPONSIBILITY Field Units Forest Supervisor In addition to the responsibilities listed in FSM , Forest Supervisors, who authorize the Special Use of Forest Service Lands for Communication sites, as provided under Section of this Supplement, must update the INFRA (I-Web) Communication site database, as provided under FSH , Chapter 90, Section 90.4 (4) and Section 96.5 (1). Page 3

4 Delegation of Authority for Issuance and Approval of Special Uses Authorizations Regional Forester The Director of Public Services is delegated the authority to sign special use authorizations for the Regional Forester (over the Regional Forester s name and title) in cases where authority has not been delegated to Forest Supervisors (FSM ). The Director of Public Services is designated the Authorized Officer in authorizations issued under Regional Forester authority. See parent text FSM , FSM (4), and FSM for actions reserved to the Regional Forester. See FSM for reservations and delegations of authority regarding uses in wilderness Forest Supervisor Except as provided in FSM , Forest Supervisors are delegated the authority to issue special use authorizations; as described below, some special use authorizations require preapproval review by the Regional Forester. Forest Supervisors may administer, amend, terminate, suspend, revoke, renew, and reissue those special use authorizations originally issued by the Regional Forester that are now within the authority delegated to Forest Supervisors. Forest Supervisors are delegated the authority to issue inter-forest special use authorizations, provided the Supervisor has written agreement among the involved Forests consenting to the lead Forest responsibilities. Forest Supervisors are delegated the authority to approve communication site plans that have previously been designated in approved Forest Land and Resource Management Plans, as provided in FSH , Chapter 90, Section Forest Supervisors must update the INFRA (I-Web) Communication site database, as provided under FSH , Chapter 90, Section 90.4 (4) and Section 96.5 (1). Pre-Approval Review Requirement: 1. New Special Use Authorizations That Exceed Ten Years. Prior to issuance, the Regional Forester must conduct pre-approval review of all new special use authorizations that exceed ten years. The renewal or reissuance of a special use authorization that changes the scope or intensity of its previous authorization is considered new. Forest Supervisors have discretion in deciding whether to consult the Regional Forester regarding: a. the renewal or reissuance of a special use authorization that does not change the scope or intensity of its previous authorization b. the issuance of a new special use authorization that does not exceed ten years. 2. New Granger-Thye Act Permits That Exceed One Year. Prior to issuance, the Regional Forester must conduct pre-approval review of all new special use authorizations that exceed one year and have been requested pursuant to Section 7 of the Granger-Thye Act of April 24, The renewal or reissuance of a Granger- Thye Act Permit that changes the scope or intensity of its previous permit is considered new. Forest Supervisors have discretion in deciding whether to consult the Regional Forester regarding: Page 4

5 a. the renewal or reissuance of a Granger-Thye Act Permit that does not change the scope or intensity of its previous permit b. the issuance of a new Granger-Thye Act Permit that does not exceed one year. 3. All Authorizations That Exceed Thirty Years. Prior to issuance, the Regional Forester must conduct pre-approval review of all special use authorizations (including renewals and reissuances) that exceed thirty years. Page 5

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