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DECISION MEMO Special Use Authorization Issuance for Existing Communications Uses U.S

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DECISION MEMO Special Use Authorization Issuance for Existing Communications Uses U.S DECISION MEMO Special Use Authorization Issuance for Existing Communications Uses U.S. Forest Service, Los Padres National Forest Kern, Monterey, San Luis Obispo, Santa Barbara, and Ventura Counties, California BACKGROUND The USDA Forest Service (Forest Service), Los Padres National Forest (LPF) proposed to issue new special use authorizations (“authorizations”) for existing communications uses on the LPF, for a new term to replace existing or expired authorizations. Communications uses are structures or facilities designed to house or support communications equipment, such as microwaves, antennas, and equipment cabinets. Facilities typically include equipment building(s), tower(s), and ancillary structures such as propane tanks, generators, solar panels and fences. These facilities support communication uses such as: microwave, AM/FM radio, television, cellular service, internet service, private and commercial radio services, and amateur radio. “Designated/Approved Communications Sites” are areas designated for telecommunications uses in a Land Management Plan, or separate NEPA decision document, identified by name, which may be limited to a single facility, but often encompass multiple facilities (e.g., towers, buildings). Each designated communications site has a Communications Site Management Plan which is attached to each special use authorization at the site. Single uses that involve minor development, such as personal receive-only antennas or resource monitoring equipment, do not always need to be designated as a communications site (FSH 2709.11 – Special Uses Handbook, Chapter 90 – Communications Site Management, 90.3, page 6). These authorizations have an attached operation and maintenance plan. There are currently thirty-two communication use locations on the Los Padres National Forest with facilities needing new authorizations for new terms. There are multiple facilities at many of the sites, totaling 129 existing authorizations for communications facilities. Of these use locations, twenty-two are Designated/Approved Communication Sites, and 10 are single or stand-alone uses. PROJECT LOCATION The Project is located on National Forest System (NFS) lands within the Los Padres National Forest. Appendix A includes a project map, and Appendix B provides the names and general legal land descriptions of the communications use locations. PURPOSE AND NEED FOR ACTION There is a need to provide communications services on the Los Padres National Forest for the purpose of public safety, emergency response, education, entertainment, information services and general communication, etc. These uses benefit all users both on NFS lands and on non-national forest lands encompassing the greater Central Coast area in parts of Kern, Monterey, San Luis Obispo, Santa Barbara, and Ventura Counties. The desired future condition would be the continued provision of communications services. Throughout the LPF there are approximately 88 authorizations that are expired or will expire within the next several years. New authorizations would allow for the continued use and occupancy of the existing communications uses located on the LPF. There is a need to comply with the Forest Service National Strategic Plan (2015) and the Los Padres National Forest Land Management Plan (Forest Plan or LMP) (2006), congressional statutes and executive orders. The Forest Service has been directed by Congress and the President to facilitate implementation of the Nation’s strategy for wireless communications. The Telecommunications Act of 1996 gives direction to Federal agencies to support the development of communication sites. In 1997 the General Services Administration released a bulletin regarding granting of siting requests, which stated: — LPF - Special Use Authorization Issuance for Existing Communication Uses - Decision Memo — Page 1 of 16 “Requests for the use of property, right-of-way, and easements by duly authorized telecommunications service providers should be granted unless there are unavoidable conflicts with the department’s or agency’s mission, or current or planned use of the property or access to that property.” Executive Order 13616 of June 14, 2012 Accelerating Broadband Infrastructure Deployment states: “Broadband access is essential to the Nation’s global competitiveness in the 21st century, [it] also affords public safety agencies the opportunity for greater levels of effectiveness and interoperability. While broadband infrastructure has been deployed in a vast majority of communities across the country, today too many areas still lack adequate access to this crucial resource. … Federal property and rights of way can be essential to the deployment of both wired and wireless broadband infrastructure. The Federal Government controls nearly 30 percent of all land in the United States [and] owns thousands of buildings … creating significant opportunities for executive departments and agencies to help expand broadband infrastructure.” It further directs the development and implementation of “a strategy to facilitate the timely and efficient deployment of broadband facilities on Federal lands”, and that processes need to be developed that “facilitate nongovernment entities’ use of Federal property for the deployment of broadband facilities ... allow[ing] for access by multiple broadband service providers and public safety entities.” PROPOSED ACTION 1. The Forest Service, Los Padres National Forest proposes to authorize issuance of new authorizations for existing communications uses at 32 locations (Appendix B) for the maximum allowable term under Forest Service Special Uses Handbook 2709.11, Chapter 10. Some authorizations are expired and some will expire in the next several years. New authorizations will be issued to individual holders after full compliance with the terms and conditions of the authorization has been verified. 2. There would be no physical changes to the facilities, other than minor maintenance and modifications that may be required in order for the facility to comply with the terms and conditions of the special use authorization. Examples of minor routine maintenance activities include: climbing towers, repair and replacement of tower hardware, equipment upgrades, roof repair, paint repair, maintenance of gas/propane tanks, installation and repair/maintenance of anti- perching devices. Other activities associated with the ongoing use and occupancy of the communication facilities include fuel hazard reduction, invasive plant treatment, graffiti removal, trash removal, pest control and routine road use and maintenance. 3. The authorizations would be subject to national standard clauses. These clauses would be subject to change in order to comply with any amendments as directed by the Forest Service at the time of authorization issuance. 4. Additionally, the authorizations will be subject to project specific resource protection requirements and design features (Appendix C). For single stand-alone authorizations the applicable measures will be attached to the authorization as an appendix. For designated/approved communications sites, the design features will be included in a communications site management plan that is consistent with the Forest Plan. The communications site management plans will provide site-specific direction and guidance to Forest Service personnel, the communications site users, and the public. These measures are put in place to protect the public, public lands, resources and the government of the United States, and shall be attached as an appendix to the authorizations. DECISION I have decided to implement the project as proposed, authorizing the issuance of the appropriate authorization documents, (i.e., leases or permits) to existing communications use authorization holders for existing facilities, as described in the Proposed Action. This project will meet the purpose and need by providing for continued communication needs and it is in compliance with National and Forest Plan goals and directives. — LPF - Special Use Authorization Issuance for Existing Communication Uses - Decision Memo — Page 2 of 16 This decision will also cover the reissuance of existing authorized communication uses at these 32 locations that expire over the next few years, provided they are qualified to be reissued and in compliance with the terms and conditions of the authorization. REASONS FOR CATEGORICALLY EXCLUDING THE DECISION This action is categorically excluded from documentation in an environmental impact statement (EIS) or an environmental assessment (EA). The applicable category of actions is identified in agency procedures as 36 CFR 220.6(e)(15): Issuance of a new special use authorization for a new term to replace an existing or expired special use authorization when the only changes are administrative, there are not changes to the authorized facilities or increases in the scope or intensity of authorized activities, and the applicant or holder is in full compliance with the terms and conditions of the special use authorization. I find that there are no extraordinary circumstances that would warrant further analysis and documentation in an EA or EIS. I took into account resource conditions identified in agency procedures that should be considered in determining whether extraordinary circumstances might exist: • Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal or proposed critical habitat, or Forest Service sensitive species The Proposed Action includes resource
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