[Federal Register Volume 62, Number 141 (Wednesday, July 23, 1997)]
[Notices]
[Pages 39537-39538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19327]


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DEPARTMENT OF THE INTERIOR

National Park Service


Notice of Availability of Policy Statement Concerning Access to 
National Park Service Property for the Siting of Mobile Services 
Antennas

AGENCY: National Park Service, Interior.

ACTION: Public notice.

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SUMMARY: The National Park Service (NPS) is publishing for review the 
policy statement that sets forth the instructions and requirements by 
which the NPS will comply with Section 704(c) of the Telecommunications 
Act of 1996, consistent with the implementing procedures established by 
President Clinton and the General Services Administration (GSA).

DATES: Written comments will be accepted until August 22, 1997.

ADDRESSES: Send comments to Dick Young, Special Park Uses Program 
Manager, Colonial National Historical Park, P.O. Box 210, Yorktown, VA 
23690.

FOR FURTHER INFORMATION CONTACT: Dick S. Young at 757-898-7846.

BACKGROUND INFORMATION: An August 10, 1995, Executive Memorandum from 
the President, directed the heads of all departments and agencies to 
facilitate access to Federal property for the purpose of siting mobile 
services antennas. On February 8, 1996, the President signed the 
Telecommunications Act of 1996 (47 U.S.C. 332). Section 704(c) of the 
Act requires the President to develop procedures by which federal 
departments and agencies may make available federal properties, rights-
of-way, and easements for wireless telecommunication services. On March 
29, 1996, the GSA issued a notice in the Federal Register (61 FR 14100) 
of general procedures for implementing the provisions of Section 704(c) 
of the Act. These general procedures, together with the Executive 
Memorandum, are applicable to all Executive departments and agencies. 
Congress provided additional instructions in the Conference Report on 
FY 1997 Interior Department appropriations, saying that the NPS 
``should promulgate rules which ensure that the public has the 
opportunity to participate fully and comment on the issuing of permits, 
rights-of-way or easements for any telecommunications facility placed 
in any unit of * * * the National Park System * * *''
    Through their actions, Congress and the President have established 
a compelling Federal interest in promoting the efficient implementation 
of the new telecommunications technology. The NPS will therefore follow 
the requirements and intent of the Act, the Executive Memorandum and 
the GSA procedures, while also recognizing its responsibility for 
complying with provisions of the National Park Service Organic Act, the 
National Environmental Policy Act (NEPA), the National Historic 
Preservation Act of 1966 (NHPA''), and other statutes applicable to the 
operation of units of the National Park System. NPS implementation of 
Section 704(c) of the Act will take into account language in the House 
Report on the bill which eventually became law, stating ``The Committee 
recognizes, for example, that use of the Washington Monument, 
Yellowstone National Park or a pristine wildlife sanctuary, while 
perhaps prime sites for an antenna and other facilities, are not 
appropriate and use of them would be contrary to environmental, 
conservation, and public safety laws.''

Instructions and Requirements

A. General

    1. Park Superintendents will accept, evaluate, and approve or deny 
applications for wireless telecommunications facility (WTF) sites 
pursuant to this Director's Order. This Director's Order supersedes the 
procedures set forth in the Deputy Director's memorandum of May 10, 
1996.
    2. While this Director's Order establishes the instructions and 
requirements regarding WTF sites within park areas, the Associate 
Director for Park Operations and Education will prescribe procedures in 
the Special Park Uses Handbook to standardize the way park areas 
respond to WTF site applications.
    3. Park Superintendents will work with WTF site applicants to 
satisfy the requirements of the Telecommunications Act, this Director's 
Order, the procedures found in the Special Park Uses Handbook, the 
park's authorizing legislation and applicable plans, and other 
applicable statutes, regulations, and policies.
    4. Park Superintendents who expect to receive a high number of WTF 
applications will conduct a Comprehensive Assessment for wireless 
communications. This Assessment will determine the extent to which, and 
the most fair, reasonable, nondiscriminatory and efficient means by 
which, the parks can accommodate demands for WTF sites without 
derogating park resources, values or purposes. This assessment may be 
done prior to or immediately after receiving applications, and should 
explore the feasibility of co-location of facilities.
    5. Park Superintendents who do not expect to receive a high number 
of WTF site applications may either conduct a Comprehensive Assessment 
as above, or may process applications and prepare permits for a WTF 
site without first having prepared a Comprehensive Assessment, provided 
that an EA and any required follow up documents are prepared in 
conjunction with the review of the application. All such EA's or

[[Page 39538]]

follow up documents must address the impact of the proposed WTF site, 
and the cumulative impact in relation to it, any existing, or future 
sites.
    6. The public will be given the opportunity to participate fully 
and comment on applications for the use of any park property for a WTF 
Site. Public participation will be accomplished as part of the 
Comprehensive Assessment process, as part of the NEPA process, or using 
any method normally used by the park for this purpose.

B. Processing WTF Applications

    1. Applicants for WTF sites must submit an application for a right-
of-way permit pursuant to Title 36, Code of Federal Regulations, Part 
14, and the Special Park Uses Handbook, including the payment of the 
application fee. After receipt of a complete application, the 
Superintendent will undertake an initial evaluation, as required by GSA 
procedures, within 60 days, and provide a determination in writing to 
the applicant. Documentation of this decision will become a part of the 
written administrative record.
    2. If the Superintendent determines, based on the initial 
evaluation of the WTF application, that use of the proposed site would 
result in a derogation of park resources, values or purposes, the 
Superintendent will reject the application and provide the applicant 
with a written notification of the reasons for rejection.
    3. If the Superintendent determines, based on the initial 
evaluation of the WTF application, that the use of the proposed site 
may be appropriate, pending further evaluation, the applicant will be 
notified of that determination in writing. In addition, Superintendents 
should make every effort to notify other FCC licensees authorized to 
provide the same type of wireless communications service within the 
park's boundaries. This is necessary to determine if multiple parties 
may be interested in sites within the park. Further evaluation 
requirements may include:
    (a) Compliance with NEPA, NHPA, and other applicable laws and 
regulations, and the Special Park Uses Handbook.
    OR
    (b) If the Superintendent has determined that there is a need for a 
Comprehensive Assessment for reasons including but not limited to 
multiple applicants, or the proposed sites are in sensitive areas of 
the park, then the Superintendent, in addition to the compliance 
required under 3(a) above, should address the matter by preparing a 
Comprehensive Telecommunications Site Assessment (CTSA) pursuant to the 
procedures in the Special Park Uses Handbook. The Superintendent will 
provide the applicant with further information about how the CTSA will 
be prepared, the estimated timetable, and the estimated additional 
costs which the applicant may incur because of this procedure.
    (c) In all cases, the NPS will work with the applicant to process 
these applications in a timely manner, dependent upon the degree of 
complexity.
    4. After all required compliance documents have been satisfactorily 
completed and approved, and the requested use is still determined to 
not be in derogation of the resources, values and purposes of the park, 
the Superintendent will prepare the appropriate right-of-way permit(s) 
for signature by the applicant and the Regional Director as provided 
for in 36 CFR Part 14. If, upon final review, the Superintendent does 
determine that the requested use is in derogation of the resources, 
values and purposes of the park, the Superintendent will reject the 
request and provide the applicant with the reasons for rejection. The 
Superintendent will also provide the applicant with the procedures for 
appealing that rejection.
    More detailed information, including additional background and 
required procedures, can be found in the Special Park Uses Handbook, 
Appendix 8, Exhibit 6, ``Rights-of-Way for Telecommunications 
Facilities.''

    Dated: July 16, 1997.
Chris Andress,
Chief, Ranger Activities Division.
[FR Doc. 97-19327 Filed 7-22-97; 8:45 am]
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