Communications Uses – Fiber Optic Cable

All proposals must be submitted to the National Broadband Action Team. Proposal submissions to individual forests could result in delays in processing.

• Broadband Communications Uses Submission                                         

The following documents are required to screen a proposal. Incomplete or insufficient documents will be returned to the proponent and will not be screened.

• SF-299 (.pdf, 787 KB) with a plan of Development

•  The Plan of Development for Fiber Optic/Broadband Use is available to assist you in submitting a complete SF-299. This document describes the information the Forest Service requires to screen your proposal. Plan of Development Template.

• Maps and GIS data

  • The Forest Service requires clear, understandable maps and GIS data. Maps must show national forests and grasslands ownership.

  • Forest Service mapping standards can be found here (.docx, 48.8 KB).

*The speed and efficiency of the following steps is dependent on the quality of the proposal. Submissions should be thorough with complete project specific details. A proposal cannot be screened for acceptance as an application unless all documents are submitted.

Incomplete proposals submitted will be rejected.

Tips for Proposal Submission (.pdf, 87 KB)

Obtaining a Special Use Authorization Brochure (.pdf, 38 KB)

More information on how to apply for an authorization

Initial and Second-level Screening:
Forest Service's regulations at 36 CFR § 251.54 require the authorized officer to screen proposals to ensure that the use meets the minimum requirements applicable to all special uses.

Forest Service directives require that the proponent be notified of the suitability of the proposal within 60 days of receipt. If the proposal does not pass both initial and second-level screening criteria it will be rejected. If the proposal meets the criteria of both the initial and second-level screening process, you will be notified that you may submit a written application for further evaluation.

Proposal screening and application process flowchart

Cost Recovery Fees:
Forest Service regulations require the Forest Service to assess fees to recover the agency’s processing costs for special use applications and monitoring costs for special use authorizations. These fees are separate from any fee charged for the use and occupancy. Processing fees are based only on costs necessary for processing the application. Monitoring fees are assessed independently of any processing fees and are based only on the estimated time needed for Forest Service monitoring to ensure compliance with the special use authorization.

The processing fee must be paid before the Forest Service will process your application.

Environmental Analysis:
As required by the National Environmental Policy Act and other environmental laws such as the National Historic Preservation Act or the Endangered Species Act, the Forest Service must analyze all relevant issues and document the environmental impacts associated with the proposed use.

The Forest Service will determine its capacity for the analysis. If the agency does not have capacity to conduct the analysis in a reasonable timeframe, the Forest Service will inform the applicant that they will need to acquire a contractor to complete the environmental analysis.

• If the applicant does contract out the analysis, the Forest Service will provide a set of standards and expectations which must be applied to the environmental analysis.

• Failure to apply the Forest Service standards to the analysis could result in delays and additional cost to the applicant.

• Once contracted analysis is submitted, Forest Service staff will review the analysis and accept or request additional information.

As required by the MOBILE NOW Act, the Forest Service has 270 days to grant or deny your application.

Issuance of an Authorization:
Once the environmental analysis is completed and if the authorized officer’s decision is to authorize the proposed use, an authorization will be prepared.

For fiber optic cable, the Forest Service will issue a Special Use Permit, form FS-2700-4 (.pdf, 824 KB).

Forest Service authorizations include standard clauses that are not negotiable. This ensures our authorization documents are legally sufficient to protect the interests of the United States and Forest Service lands and resources; provide clear, concise, and non-burdensome terms for the authorized use; and are consistent within the Agency and, to the extent practicable and authorized by law, with corresponding documents used by other Federal land management agencies.

Once the authorization is prepared, it will be sent to the applicant for review and signature. If applicable, you will also receive a Bill for Collection for cost recovery for monitoring and the annual land use fee or rental fee. You are required to submit payment prior to the authorized officer executing your authorization.

The authorization is not effective until it is signed by the applicant and the authorized officer. Forest Service regulations require the applicant to sign the authorization and return it to the Forest Service within 60 days of its receipt.

If you fail to sign and accept the terms of the authorization within 60 days of its receipt, the Forest Service may terminate your application.

IMPORTANT: Authorizations are NOT VALID until the Forest Service has executed the authorization and returned it to the holder.

Once executed, the holder should notify the local forest within two weeks of construction, so that all parties know when implementation will occur. The term limit for fiber optic/broadband authorizations is 30 years.

Forest Service regulations at 36 CFR 251.57(a) requires the Forest Service to charge and collect in advance an annual land use fee for special use authorizations, except as provided by statute or regulation or when specifically authorized by the Secretary of Agriculture. This regulation further provides that the land use fee must be based on the fair market value of the authorized use and occupancy as determined by appraisal or other sound business management principles.

The rental schedule, established by the Bureau of Land Management (BLM), was adopted by the Forest Service as required by the section 367(a)(2) of the Energy Policy Act of 2005 Title 42, United States Code, 15925(a)(2)).

Rents are charged on an annual basis. The Linear Rent Schedule is adjusted annually based on changes to the Implicit Price Deflator Index (an inflation index). Rents for linear are established on an administrative schedule, based on land values in the project area. If your application is approved the Forest Service will notify you of the initial rent amount due. You must pay rent for the initial rent period before you are issued a special use permit.

Rental Schedule (.pdf, 128 KB)

Zone Determination (.pdf, 1.4 MB)

Transfer of authorized improvements
If the holder through death, voluntary sale, transfer, or enforcement of a valid legal proceeding or operation of law ceases to be the owner of the authorized improvements, the special use authorization terminates upon change of ownership and issuance of a new special use authorization to another party for the authorized use and occupancy.

Applications for new, changed, or additional uses or area
Holders shall file a new or amended application for authorization of any new, changed, or additional uses or area, including any changes that involve any activity that has an impact on the environment, other uses, or the public. In approving or denying new, changed, or additional uses or area, the authorized officer shall consider, at a minimum, the findings or recommendations of other affected agencies and whether to revise the terms and conditions of the existing authorization or issue a new authorization. Once approved, any new, changed, or additional uses or area must be reflected in the existing or a new authorization.

A holder may be required to furnish as-built plans, maps, or surveys upon completion of construction.

Reauthorization of existing uses
Upon expiration of a special use permit, issuance of a new special use permit is at the sole discretion of the authorized officer, provided the use and occupancy authorized by the existing authorization are consistent with the applicable land management plan and applicable laws and regulations; the authorized activities and improvements are still being conducted or used for the purposes previously authorized; and the holder is in compliance with all the terms of the existing authorization.

In reauthorizing existing uses the authorized officer may modify the terms of the authorization to reflect any new requirements imposed by current Federal and State land use plans, laws, regulations, or other management decisions. Appropriate environmental analysis must accompany the decision to reauthorize the special use.