2704.21 Exhibit 01 Page 1 of 9 FOREST SERVICE MANUAL SOUTHWESTERN REGION (R3) ALBUQUERQUE, NEW MEXICO FSM 2700 – SPECIAL USES MANAGEMENT CHAPTER – ZERO CODE Supplement No.: 2700-98-1 Effective Date: September 25, 1998 Duration: This supplement is effective until superseded or removed. Approved: ELEANOR S. TOWNS Regional Forester Date Approved: 09/25/1998 Posting Instructions: Supplements are numbered consecutively by title 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. The last supplement to this title was Supplement 2700-94-2 to FSM 27162719. New Document 2704.21 Exhibit 01 9 Pages Superseded Document(s) (Supplement Number and Effective Date) ID R3 2700-98-1 5 Pages Digest: 2704.21 Exhibit 01 - Incorporates delegation’s direction from ID R3 2700-98-1 into this Supplement. R3 SUPPLEMENT 2700-98-1 EFFECTIVE DATE: 09/25/1998 DURATION: This supplement is effective until superseded or removed. 2704.21 Exhibit 01 Page 2 of 9 FSM 2700 – SPECIAL USES MANAGEMENT CHAPTER – ZERO CODE 2704.21 - Exhibit 01 Delegations of Special Uses Management Delegable (Del) = The authority is delegated and may be redelegated to next lower organizational level. Yes = The authority is delegated to the organizational level. Yes ( ) = The authority is delegated to the position identified in parenthesis. No = The authority is not delegated and may not be exercised. RF = Regional Forester; DRF = Deputy Regional Forester; SD = Staff Director; FS = Forest Supervisor. Delegated Authority - Activity FSM/FSH Reference FSM 2704.32 1. Issue rights-of-way permits for oil and gas pipelines 24 inches or more in diameter after Congressional review through the Chief (Section 28 of the Mineral Leasing Act of 1920, amended 1973). Authority delegated to RF DRF SD FS Del Yes Yes No (LM) Del Yes Yes (LM) No Del Yes Yes (LM) No Del Yes No Del Yes Yes (LM) No Del Yes No Yes (FS) Del Del Yes No Del Del Yes No Yes (FS) Del Yes No Yes (FS) 2. Issue easements and leases, except for roads. 3. Inter-Regional special-use authorizations. 4. Issue inter-Forest permits. Issue all other special-use permits (see FSM 2704.33 FSM 2704.31 and 2704.32 limitations). FSM 2704.34 1. Issue special-use permits of a shortterm nature (occupancy not to exceed five years). 2. Issue standardized permits on sites approved in the Forest land and resource management plan 3. Issue permits for airports (technical review by Regional Forester). FSM 2711.3 1. Issue term permits for concession and industrial uses- up to 20 years. R3 SUPPLEMENT 2700-98-1 EFFECTIVE DATE: 09/25/1998 DURATION: This supplement is effective until superseded or removed. 2704.21 Exhibit 01 Page 3 of 9 FSM 2700 – SPECIAL USES MANAGEMENT CHAPTER – ZERO CODE 2704.21 - Exhibit 01--Continued Delegations of Special Uses Management Delegable (Del) = The authority is delegated and may be redelegated to next lower organizational level. Yes = The authority is delegated to the organizational level. Yes ( ) = The authority is delegated to the position identified in parenthesis. No = The authority is not delegated and may not be exercised. RF = Regional Forester; DRF = Deputy Regional Forester; SD = Staff Director; FS = Forest Supervisor. Delegated Authority - Activity - Over 20 years on a case-by-case basis. 2. Issue permits for power transmission of 66 KV or over. Linear right-of-way fees will be calculated using the rate schedule for each National Forest published by the Chief. Issue inter- and intra-Forest and interagency outfitter guide authorizations and priority use authorizations. (District Rangers not to issue permits on other Forests.) Issue disturbing or nondisturbing permits (Act of June 8, 1906). Issue intra-Forest nondisturbing permits. Issue disturbing permits (Act of 1979 Archeological Resources Protection Act). Approve electronic site plans. Approve electronic site classification. Issue authorizations for rights-of-way under Wilderness Act of 1964. U.S. Department of Transportation easements. 1. Enter into Memorandum of Understanding with States, within their area of jurisdiction. FSM/FSH Reference Authority delegated to RF DRF SD FS Yes No No No Del Yes No Yes (FS) FSM 2715 Del Yes No Yes FSM 2721.53 Del Yes No Yes FSM 2724.4 Del Yes No Yes Del Yes No Yes FSM 2728 FSM 2728 Del Del Yes Yes No No FSM 2730.1 Del Yes No Yes Yes (FS) No Del Yes No No FSM 2731 R3 SUPPLEMENT 2700-98-1 EFFECTIVE DATE: 09/25/1998 DURATION: This supplement is effective until superseded or removed. 2704.21 Exhibit 01 Page 4 of 9 FSM 2700 – SPECIAL USES MANAGEMENT CHAPTER – ZERO CODE 2704.21 - Exhibit 01--Continued Delegations of Special Uses Management Delegable (Del) = The authority is delegated and may be redelegated to next lower organizational level. Yes = The authority is delegated to the organizational level. Yes ( ) = The authority is delegated to the position identified in parenthesis. No = The authority is not delegated and may not be exercised. RF = Regional Forester; DRF = Deputy Regional Forester; SD = Staff Director; FS = Forest Supervisor. Delegated Authority - Activity FSM/FSH Reference 2. Approve environmental assessments, environmental impact statements, and decision documents, excluding Federal Lands Highway Projects (FSM 7740). Authority delegated to RF DRF SD FS Del Yes Yes Yes (FS) Del Yes Yes Yes (FS) Del Yes Yes Del Yes Yes Del Yes Yes Yes (FS) Yes (FS) Yes (FS) Del Yes Yes (LM) No Del Yes Yes (LM) No 3. Issue letters of consent that authorize entry. 4. Approve plans and specifications. 5. Approve stipulations. FSM 2731 6. Report violations of terms and conditions of the deed stipulations to Regional Highway Administrator. 7. Approve special clauses for stipulations to meet conditions not covered by currently approved clauses and shall obtain proper approval for use; subject to OGC review. The Regional Forester delegates to the Director of Lands & Minerals for projects that are determined to need the Regional Forester's approval (i.e., involving more than one National Forest): FSM 2731.04b R3 SUPPLEMENT 2700-98-1 EFFECTIVE DATE: 09/25/1998 DURATION: This supplement is effective until superseded or removed. 2704.21 Exhibit 01 Page 5 of 9 FSM 2700 – SPECIAL USES MANAGEMENT CHAPTER – ZERO CODE 2704.21 - Exhibit 01--Continued Delegations of Special Uses Management Delegable (Del) = The authority is delegated and may be redelegated to next lower organizational level. Yes = The authority is delegated to the organizational level. Yes ( ) = The authority is not delegated to the position identified in parenthesis. No = The authority is delegated and may not be exercised. RF = Regional Forester; DRF = Deputy Regional Forester; SD = Staff Director; FS = Forest Supervisor. Authority delegated to Delegated Authority - Activity 1. Approval of environmental assessment or environmental impact statements, as appropriate, prepared for a project by the Department of Transportation or by the State, and the decision documents for site-specific environmental assessment, excluding Federal Lands Highway Projects (see FSM 7740). 2. Approval of plans and specifications with concurrence from the Regional Engineer. 3. Approval of stipulations for attachment to construction plans. The Director of Lands & Minerals shall: 1. Prepare and execute the letter of consent to the appropriation and transfer. 2. Develop with States a memorandum of understanding concerning procedures for processing a request for transfer of lands or interest in lands owned by the United States and under the administration of the Forest Service for use by the State for highway purposes (FSH 2709.12, sec. 26, ex. 1). 3. Insert appropriate notation in the land status records and establish conveyance file according to FSM 5490. FSM/FSH Reference RF DRF SD FS R3 SUPPLEMENT 2700-98-1 EFFECTIVE DATE: 09/25/1998 DURATION: This supplement is effective until superseded or removed. 2704.21 Exhibit 01 Page 6 of 9 FSM 2700 – SPECIAL USES MANAGEMENT CHAPTER – ZERO CODE 2704.21 - Exhibit 01--Continued Delegations of Special Uses Management Delegable (Del) = The authority is delegated and may be redelegated to next lower organizational level. Yes = The authority is delegated to the organizational level. Yes ( ) = The authority is delegated to the position identified in parenthesis. No = The authority is not delegated and may not be exercised. RF = Regional Forester; DRF = Deputy Regional Forester; SD = Staff Director; FS = Forest Supervisor. Authority delegated to Delegated Authority - Activity FSM/FSH Reference RF DRF SD FS 4. Report any violations of the terms and conditions of the deed or stipulation to the Regional Federal Highway Administrator. 5. Develop special clauses for stipulations to meet conditions not covered by currently approved clauses and shall obtain proper approval for use. Forest Supervisors have the responsibility to: FSM 2731.04c Del Yes Yes Yes (FS) FSM 2732 Del Yes Yes (LM) No 1. Approve environmental assessment or environmental impact statements, as appropriate, prepared for a project by the Department of Transportation or by the State, and the decision document for the site-specific environmental assessments, excluding Federal Lands Highway Projects (see FSM 7740). 2. Approve plans and specifications. 3. Approve stipulations for attachment to construction plans. 4. Prepare and execute the letter of consent to the appropriation and transfer. 5. Report any violations of the terms and conditions of the deed or stipulations to the Region Federal highway administrator. Forest Road and Trail Act Easements. R3 SUPPLEMENT 2700-98-1 EFFECTIVE DATE: 09/25/1998 DURATION: This supplement is effective until superseded or removed. 2704.21 Exhibit 01 Page 7 of 9 FSM 2700 – SPECIAL USES MANAGEMENT CHAPTER – ZERO CODE 2704.21 - Exhibit 01--Continued Delegations of Special Uses Management Delegable (Del) = The authority is delegated and may be redelegated to next lower organizational level. Yes = The authority is delegated to the organizational level. Yes ( ) = The authority is delegated to the position identified in parenthesis. No = The authority is not delegated and may not be exercised. RF = Regional Forester; DRF = Deputy Regional Forester; SD = Staff Director; FS = Forest Supervisor. Authority delegated to Delegated Authority - Activity FSM/FSH Reference RF Del DRF SD Yes Yes FS Yes (FS) Del Yes Yes Del Yes Yes Yes (FS) Yes (FS) Del Yes No Yes (FS) Del Yes Yes Del Yes Yes Yes (FS) Yes (FS) Del Yes Yes 1. Approve environmental assessments, environmental impact statements and decision documents. 2. Issue FRTA easements to public road agencies. 3. Approve road construction plans, specifications, and special conditions. 4. Approve fire, clearing, landscape, and erosion control plans. 5. Terminate easements with consent of Grantee. 6. Issue FRTA reciprocal easements. Acquisition by U.S. must be approved by OGC. Forest Supervisors shall, in the case of public road FSH 2732.04c agencies only: 1. Approve environmental assessment or environmental impact statements prepared by the public road agency or Forest staff, and the decision document for the site-specific environmental assessment. 2. Prepare and issue Forest Road and Trail Act (FRTA) easements and reservations for road construction and use. 2704.21 - Exhibit 01--Continued Yes (FS) R3 SUPPLEMENT 2700-98-1 EFFECTIVE DATE: 09/25/1998 DURATION: This supplement is effective until superseded or removed. 2704.21 Exhibit 01 Page 8 of 9 FSM 2700 – SPECIAL USES MANAGEMENT CHAPTER – ZERO CODE Delegations of Special Uses Management Delegable (Del) = The authority is delegated and may be redelegated to next lower organizational level. Yes = The authority is delegated to the organizational level. Yes ( ) = The authority is delegated to the position identified in parenthesis. No = The authority is not delegated and may not be exercised. RF = Regional Forester; DRF = Deputy Regional Forester; SD = Staff Director; FS = Forest Supervisor. Authority delegated to Delegated Authority - Activity FSM/FSH Reference RF DRF SD FS Del Yes Yes (FS) 3. Approve plans and specifications. 4. Approve stipulations for attachment to construction plans. 5. Terminate easements on the occurrence of a fixed or agreed upon condition, event, or time when the easement by its terms, provides for such termination. Termination of FRTA easements under this delegation must have the consent of the grantee. Forest Supervisors have the authority to: FSM 2733.04c 1. Issue Federal Land Policy and Management Act (FLPMA) easements and reservations for road construction and use. 2. Approve plans and specifications. 3. Approve stipulations for attachment to construction plans. 4. Terminate easements on the occurrence of a fixed or agreed upon condition, event, or time when the easement by its terms, provides for such termination. 5. Issue, suspend, or terminate permits under this authority. 2704.21 - Exhibit 01--Continued Yes R3 SUPPLEMENT 2700-98-1 EFFECTIVE DATE: 09/25/1998 DURATION: This supplement is effective until superseded or removed. 2704.21 Exhibit 01 Page 9 of 9 FSM 2700 – SPECIAL USES MANAGEMENT CHAPTER – ZERO CODE Delegations of Special Uses Management Delegable (Del) = The authority is delegated and may be redelegated to next lower organizational level. Yes = The authority is delegated to the organizational level. Yes ( ) = The authority is delegated to the position identified in parenthesis. No = The authority is not delegated and may not be exercised. RF = Regional Forester; DRF = Deputy Regional Forester; SD = Staff Director; FS = Forest Supervisor. Authority delegated to Delegated Authority - Activity FSM/FSH Reference RF DRF SD FS 6. Suspend, revoke, or terminate easements in accordance with the Rules of Practice Governing Formal Adjudication Administrative Proceedings instituted by the Secretary under 7 CFR 1.1301.151. FSM 2733.04 Del Yes Yes Yes (FS) Del Yes Yes Yes (FS) Del Yes Yes No 1. Issue Federal Land Policy and Management Act (FLPMA) of 1976 Road easements and permits. 2. Issue FLPMA reciprocal easements. Acquisition by U.S. must be approved by OGC. FSM 2734.5 1. Acknowledge State/County jurisdiction on public roads pursuant to RS 2477. Del Yes No Del Yes No Yes (FS) Del Yes No No Del Yes No No 1. Determine whether to authorize any construction 2734.51 activity that expands a pre-existing facility or changes the alignment by an appropriate easement. 2. Interpret and acknowledge rights granted by Revised Statute (RS) 2477. 2. Request Secretary of Interior withdrawal/revocation of National Forest lands (FLPMA, P.L. 94-579). FSM 2761.04 2. Consent to Secretary of Interior withdrawal/revocation of National Forest lands by other agencies (FLPMA P.L. 94-579). FSM 2763.04 Yes (FS)