**LAND USE AUTHORIZATIONS OVERVIEW**

[Bureau of Reclamation -- Use of Reclamation Project Land and Water
Surfaces]{.underline}

The Bureau of Reclamation (Reclamation) projects are located in the 17
Western United States of North Dakota, South Dakota, Nebraska, Kansas,
Oklahoma, Texas, New Mexico, Colorado, Wyoming, Montana, Idaho, Utah,
Arizona, California, Nevada, Oregon, and Washington.

The Reclamation Project Act of 1939 -- Section 10(53 Stat. 1187)
authorizes Reclamation to issue use authorizations such as easements,
leases, and permits/licenses, and other legal and binding contracts for
activities on or across lands or interests in lands and water surfaces
under the jurisdiction of Reclamation. Land use authorizations may be
issued only when they will not interfere with Reclamation project
purposes. They are to be, for the most part, temporary in nature and
contain restrictive language that protects current and future Federal
land interests.

The public may apply to use Reclamation lands or the surfaces of any
project body of water and may engage in the use [only]{.underline} after
proper authorization is received from Reclamation. Land use
authorizations are not required for permitted public recreational use of
recreation areas and facilities open to the public.

Submission of an application for a use authorization does not constitute
authority to use Reclamation project lands and surfaces of water.
Consideration of applications to use Reclamation project lands and water
surfaces is completely discretionary and Reclamation reserves the right
to refuse to authorize any use which may be incompatible with the
federally-authorized purposes of Reclamation projects or interferes with
Reclamation's rights or operations.

What kinds of uses might be authorized by Reclamation?

Reclamation will determine if the requested use is compatible with
authorized project purposes, is in the best interests of the public, and
is consistent with appropriate resources management and environmental
considerations for the area. Examples of activities which may be
authorized include:

-   Special events;

-   Utility crossings;

-   Electric transmission lines crossings,

-   Communication sites;

-   Road/highways/bridges;

-   Commercial filming and photography;

-   Livestock grazing;

-   Any other use deemed appropriate by Reclamation.

Issuance of a land use authorization does not relieve the applicant of
obtaining any other permits and authorizations that may be required for
the proposed activity, such as CEQA, NEPA compliance, 401/402 permits,
404 permits, the National Historic Preservation Act, among others.

What kinds of uses are not authorized on Reclamation project lands and
water surfaces?

A land use authorization will not be granted when, in the judgment of
Reclamation, the use can not be reasonably accommodated on Reclamation
project land and waters because it would:

-   Be incompatible with authorized Project purposes and project
    operations, safety, or security;

-   Jeopardize the interests of the United States;

-   Result in unacceptable impacts to the environment, natural or
    cultural resources, public health and safety that would be
    incompatible with applicable land use planning decisions or project
    operations;

-   Violate state or local law, regulation, ordinances, or zoning;

-   Be an otherwise inappropriate use of Federal property;

-   Result in, or would give the appearance of, private exclusive
    recreation or residential use of Reclamation lands or water
    surfaces. Such prohibited uses include but are not limited to:

> º Cabins, homes, permanent mobile home sites, outbuildings or similar
> structures, and/or their associated landscaping, patios, decks, and
> porches;
>
> º Boat houses, docks, moorings, and launch ramps;
>
> º Floating structures or buildings, including moored vessels used as
> residences or business sites;
>
> º Hunting, fishing, camping, and similar privately developed sites;
>
> º Access to private lands, facilities, or structures when other
> reasonable alternative access is available or can be obtained.

What do I have to do to apply?

1\. You may contact the [Reclamation office]{.underline} with management
responsibility for the land where the proposed activity(s) is needed.
Reclamation realty staff can assist the applicant in determining which
of the forms discussed below should be completed. There is no
requirement for Reclamation to grant a use authorization and not all
requests will be granted. If a use authorization is granted, it will
contain all provisions which the applicant must comply with to protect
the interests of the United States.

2\. Depending upon the type of use requested, completion of the
following application form(s) shall be completed and submitted to
Reclamation along with a \$200 application fee:

A. [Fee Lands]{.underline}:

-   [Standard Form SF-299]{.underline}, "**Application for
    Transportation and Utility Systems and Facilities on Federal
    Lands**," must be completed to request a use authorization for the
    placement, construction and use of energy, transportation, water,
    and telecommunications and facilities on or across all
    Federally-owned property. This form is generally used when an
    applicant wants to cross Reclamation lands with a linear facility
    (road, electric line, pipeline, etc.)

-   [Form 7-2540]{.underline}, **"Bureau of Reclamation Right-of-Use
    Application,"** must be completed for all other uses
    [not]{.underline} associated with the placement, construction and
    use of energy, transportation, water, and telecommunication
    facilities. Such uses include such short-term uses as recreation and
    sporting events, commercial filming/photography, archaeological
    research projects, and any other similar uses deemed appropriate by
    Reclamation.

-   [PEER]{.underline}, "**Project Environmental and Engineering
    Report**," must be completed for all uses of United States land.

The above forms can be obtained by contacting the applicable Reclamation
area/field office or they can be accessed electronically at
Reclamation's internet web site at: Forms may be obtained at:
<http://www.usbr.gov/mp/ccao/rec_land_use_docs/>

B. [Easement Lands]{.underline}

-   Applicants requesting to use land where Reclamation only has an
    easement interest must complete a consent document from Reclamation
    using the SF-299 or Form 7-2540. If the proposed use does not
    unreasonably interfere with Reclamation's easement a consent
    document may be issued. The consent document will contain the
    conditions with which an applicant must comply to ensure the
    proposed use will not unreasonably interfere with Reclamation's
    easement. Additionally, if an applicant is not the owner of the land
    they will also need to obtain permission from the underlying
    landowner to use the land covered by Reclamation's easement.

3\. Arrange a pre-application meeting with Reclamation via a letter
directed to the Area Manager, describing the proposed land use.
Appropriate staff members will contact you and arrange a joint meeting
to discuss and review your proposed land use.

4\. When you have assembled all of the required information, the
application and supplemental information may be mailed to the
appropriate Reclamation office, Attention: Area Manager, with applicable
deposit fee (\$200). Reclamation will acknowledge in writing its receipt
of the completed and signed application form and application fee within
30 days of receipt. Processing time depends upon the complexity of the
request and whether or not additional information is needed. If the
request is denied, the applicant will be notified in writing of the
basis for denial.

PRE-APPLICATION MEETING

Reclamation wants to make the application process as easy as possible.
The pre-application meeting provides the opportunity for you to fully
discuss and describe your proposal in detail and provides an opportunity
for Reclamation to fully explain the processing requirements. If
possible, you should review the application form before the
pre-application meeting. Be sure to bring any information that may be
useful during this session, such as maps, preliminary construction
plans/details, conceptual drawings, plat maps, etc (refer to the
Pre-Application Checklist).

In addition, the pre-application meeting will cover costs/fees, safety
requirements, estimated timeframes, and other items. This meeting can be
very beneficial by saving both you and Reclamation time and expense.

COMPLETING THE APPLICATION (SF-299)

Instructions for completing the application are included on page 3 of
the SF-299. For your convenience, instructions for completing the form
are provided at the above-referenced website. [Of note]{.underline}:
incomplete information is often the reason application processing is
unnecessarily delayed.

COSTS

There are three different fees or charges involved with processing your
request for a Land Use Authorization:

**Deposit Fee** - A deposit fee of \$200 must accompany the initial
application. The \$200 will open a reimbursable account, in the
applicants name, and the applicant will be required to reimburse the
United States for all administrative costs associated with processing an
application.

**Administrative Costs** - Applicants will be required to pay the
administrative costs which are in excess of the \$200 deposit for the
preparation of land use authorization. Administrative costs include, but
are not limited to: appraisal preparation and review, compliance with
National Environmental Policy and the National Historic Preservation
Acts; engineering review, preparation and issuance of the land use
authorization, and costs for monitoring construction activities.

All billing for administrative costs will be well documented by
Reclamation and the applicant may expect to receive monthly "Bill of
Collection" notices once the initial \$200 deposit has been depleted.
Applicant shall pay any excess administrative costs which Reclamation
has incurred [prior]{.underline} to issuance of the right-of-use.

**Fair Market Value** - The applicant shall pay Reclamation a fair
market value of the right and privilege requested for the use of
Reclamation's lands. This value shall be determined by a DOI appraiser
in accordance with Reclamation Manual -- Directives and Standards for
land appraisals.

**Waiver or Reduction of Administrative Fees and Value of the
Right-of-Use -** In limited cases, Reclamation may waive or reduce fees
and/or costs.

**[NOTE]{.underline}**: No refund will be made for any deposits or any
administrative costs which are in excess of the \$200 deposit if the
applicant refuses to accept the right-of-use after it is prepared and
offered.

TEMPORARY CONSTRUCTION PERMIT (TCP)

Temporary construction needs, such as additional lands necessary for
stock piling material, equipment parking, extra construction width or
spaces, etc., in conjunction with the requested use authorization should
be requested at time of initial application. If there is a possibility
that you may need additional lands, it is best to identify this in your
application. This will save you additional time and expense and preclude
any additional environmental, engineering, and processing time. A TCP
should be discussed during the pre-application meeting and may be
identified within the application (SF-299).

DESIGN CRITERIA

The degree of design must be compatible with the proposed use and
anticipated environmental impacts. Reclamation will review and evaluate
the submitted design criteria to determine the adequacy of the design
for the applicants intended purposes. The following individual items
provide a general list of items to be included within the applicants
design criteria, for the applicable project:

A. [Road Crossings]{.underline}

-   Length and total width of ROW; width of road surface; maximum grade
    of road

-   Minimum/maximum clearing width

-   Cut/fill slope ratios

-   Type and location of drainage structures, cattle guards, fences,
    gates

-   Proposed surfacing type (gravel) and quantities, dust abatement

-   Centerline survey plat

-   Design drawings including: Plan and Profile sheets, typical roadway
    cross-sections, culvert installation details, grade dip detail

-   Construction specifications

-   Materials specifications

B. [Utility Crossings]{.underline} (includes pipelines, electrical and
communication lines and conduits, both above- and below-ground)

-   Length and width of ROW

-   Diameter of pipe and type of material

-   Depth of pipeline

-   Design drawings including: Plan and Profile sheets, construction
    specifications

-   Materials specifications

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-   Size, number and type of conductors

-   Height and size of tower/poles

-   Vegetation clearance requirement

-   Raptor proof design

-   Construction access and equipment requirement

-   Transformers, substations, anchor locations, pulling sites

-   Canal milepost or station at each proposed crossing

-   Type of sleeve/casing (when allowed) including diameter, joints, and
    wall thickness

-   If attached to a bridge or overchute, include details showing the
    structure name, superstructure, abutments, embankments, protective
    dikes, method of attachment, spacing of utility supports on the
    structure, location of other attached utilities, and structural
    calculations

REMEMBER TO PLAN AHEAD

You should arrange for your pre-application meeting well in advance of
when you would like to start work on the project. The estimated time to
prepare and execute a right-of-use will vary depending on the request
(complex construction activities, environmental compliance, preparation
of an appraisal, etc.) and the complexity of your project. However,
Reclamation will make every effort to expedite the right-of-use request.