DEPARTMENT
Hetch Hetchy Water and Power
AGENDA NO.
10 MEETING DATE
January 11, 2022
APPROVAL:
COMMISSION
SECRETARY
Donna Hood
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Real Estate Agreement: Regular Calendar
Project Manager: Margaret Hannaford
Real Estate Director: Rosanna Russell
Authorize Renewal of a 10-Year No-Fee Right-of-Way Permit from National Park Service to maintain Radio Communications Facilities within Yosemite Park, subject to Board of Supervisors’ Approval
Summary of
Proposed
Commission Action:
Approve the term and conditions of , subject to Board of Supervisors approval; and authorize the General Manager to execute a no-fee, 10- year Right-of-Way Permit Renewal with the United States Department of the Interior, through the National Park Service, to operate and maintain radio communication facilities and equipment within Yosemite National Park.
Background: On April 22, 2008 , this Commissio n approved the Hetch Hetchy Communications System Upgrade (HHCSU ) Project for the p urposes of the California Environmental Quality Ac t (CEQ A) through Resolution No. 08-0073, for which the Planning Department issued a Final Mitigated Negative Declaration ( FMND) and Addendum (Case Number 2005-0883E). The Project included a radio communications facility at Poopenaut Pass.
On September 13, 2011, by Resolution No. 11-0142, this Commission adopted an Addendum to the F MND and authorized the General Manager to execute the Right-of-Way Permit No. 8800-11-001 (2011 Permit) between the City and County of San Francisco (City), through its Public Utilities Commission (SFPUC) , and the Depar tment of t he Interior, through the National Park Service (NPS), for the use of NPS- administered land s within Yosemite National Park to operate and maintain a new microwave radio site. The location of the mi crowave radio site is commonly referred to as Poopenaut Pass. NPS issued the 2011 Permit under title 54 of the United S tates Code and associat ed regulations. This type of authorization has a maximum term of 10 years under NPS Director’s Order 53. The 2011 Permit expired on November 3, 2021. SFPUC staff applied to NPS for a renewal permit on February 1, 2021 to continue to maintain the radio communications Agreement: NPA Right-of-Way Permit Renewal
Commission Meeting Date: January 11, 2022
site.
The radio communications facility at Poopenaut Pass was constructed as a part of the Hetch Hetchy Microwave Upgrade - Phase II (Contract No. HH-926R) 1 authorized by Commission Resolution No. 11-0142.
The objective s of th e HHCSU Project w ere to comply with FCC requirements; replace and update aged and obsolete components of the communication system ; add new critical communication sites to the system; pro vide for future foundation infrastructure to allow for separate or integrated communi cations for HHWP, NPS , and the United States Forest Service; provide opportunities to improve communication reliability for the health and safety of sta ff and fo r emergency response ; and to enable future improvements for communication reliability for dam and facility security.
As part of the proposed renewal permit designated as Right-of-W ay Permit No. RW-YOSE-21-003 (Renewal Permit), the SFPUC’s Hetch Hetchy Water and Power Division (HHWP) seeks to construct minor radio system equipment upgrades at Poope naut Pass , including additional internal racking and battery backup within the existing radio shelter building and two new whip antennas on the e xisting tower. NPS determined this equipment can be added to the Renewal Permit without additional federal environmental review.
The Renewal Permit co ntains the NP S’ standard indemnity language in favor of the United States governm ent. All right-of-way p ermits issued by the federal gove rnment contain similar indemnification provisions as standard language. On December 2, 2021, the City Risk Manager approved the indemnity language in the Renewal Permit.
Description of
Agreement:
The Renewal Permit will allow the SFPUC to continue to operate and maintain critical radio communication facilities and equipment within the boundaries of Yosemite National Park.
Parties to Agreement: City and County of San Francisco, through its Public Utilities Commission , and t he
United States Department of the Interior,
National Park Service
Purpose: The installation, operation, an d
maintenance of a radio communication
facility, including related lines and
antennas, as more particul arly described in
Exhibit B to the Renewal Permit
Location: National Par k Service -administered lands
within Yosem ite Natio nal Par k, a s
described in Exhi bit A to t he Renewal
Permit
1 The HHCSU Project MND and Addendum included the facilities that were constructed under this contract.
Agreement: NPA Right-of-Way Permit Renewal
Commission Meeting Date: January 11, 2022
Commencement
Date:
Upon the date of execution by the NPS
Regional Director
Term: 10 years
Result of Inaction: Renewal of the 2011 Permit is necessary to avoid impacts or interruption to ongoing communication and emergen cy respons e efforts.
Environmental
Review:
On April 1, 2008 , the Planning Department appro ved a Final Mitigated Negative Declaration (FMND) for th e Hetch Hetchy Communication System Upgrade Project (Case Number 2005-0883E).
On April 22, 2008, this Comm ission adopted the FMND, the Mitigation and Monitoring Reporting Program (MMRP) and CEQA findings in Resolution No. 08-0073.
On October 16, 2008, the Planning Department issued an addendum to the FMND. The Planning Department determined that the combined modified project components would cause no new significant impacts not identified in th e FMND, and no new mitigation measures would be necessary to reduce significant impacts , and therefore, no supplemental environmental review was r equired beyo nd the Addendum. On September 13, 2011, by Resolution No. 11-0142, this Commission adopted the Addendum. The additional internal racking and battery backup within the existing radio shelter building and two whip antennas on the existing tower, th ough not previously installed, were already analyzed in the FMND and Addendum , along with the long term ma intenance and operation of all facilities at Poopenaut Pass.
The FMND is located here: https://sfpuc.sharefile.com/d- s4635a18b76a545ec807b30fbfa0ab6d9
The MND Addendum is lo cated here: https://sfpuc.sharefile.com/d- s163fdd2908944d608f441585158661bf
The MMRP is located here: https://sfpuc.sharefile.com/d- s1a16227d55c94c5faaadf1f1068d032c
Recommendation: SFPUC staff recommends that the Commission adopt the attached resolution.
Attachment(s): Proposed Right-of-Way Permit No: RW-YOSE-21-003
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
WHEREAS, The Hetch Hetchy Water and Power Division (HHWP) of the San Francisco Public Utilities Commission (SFPUC) operates and maintains radio communication facilities and equipment, including related l ines, towers, microwave dishes, radios, antennas, equipment shelters, and other related equipment within the boundaries of Yosemite National Park, as authorized by sections 1 and 4 of the 1913 Raker Act; and WHEREAS, On April 22, 2008, by Resolution No. 08-0073, this Commission approved the Hetch Hetchy Communications System Upgrade Project, CUH93101 (HHCSUP Project), to comply with FCC requirements; replace and update aged and obsolete components of the communication system; add new critical communication sites t o the system; provide for future foundation infrastructure to allow for separate or integrated communications for HHWP, the National Park Service (NPS), and the United States Forest Service (USFS); provide opportunities to improve communica tion re liability for the heal th and safety of staff and for emergency response; and enable future improvements for communication reliability for dam and facility security; and
WHEREAS, On September 13, 2011, by Resolution No. 11-0142, this Commission authorized the General Manager to apply for an d execute land use authorizations with NPS for a communications facility at the location within Yosemite National Park , commonly referred to as Poopenaut Pass; and
WHEREAS, On November 3, 2011, the NPS issued a no-fee 10-yea r Right-of-Way Permit No. 8800-11-001 (2011 Permit) to the City and County of San Francisco (City), through the SFPUC, for a radio communications site at Poopenaut Pass under Title 52 of the United States Code and associated federal regulations, and the 2011 P ermit expired on November 3, 2021; and
WHEREAS, NPS is prepared to issue a no-fee 10-year renewal Right-of-Way Permit No.
RW-YOSE-21-003 ( Renewal Permit) to th e SFPUC to operate and ma intain the radio communications site; and
WHEREAS, The Renewal Permit c ontains the NP S’ standard indemnity language in favor of the United States government , an d on December 2, 2021, the City Risk Manager approved the indemnity language in the Renewal Permit; and WHEREAS, A Mitigated Negative Declaration was prepared for the Project; and
WHEREAS, On April 1, 2008, the Planning Department approved the Final Mitigated Negative Declaration (FMND) for the Project (Case Number 2005-0883E); and
WHEREAS, On April 22, 2008, by Resolution No. 08-0073, this Commission approved the Project and adopted findings (CEQA findings) and a Mitigation Monitoring and Reporting Program (MMRP) required by the California Environmental Quality Act (CEQA); and
WHEREAS, On October 16, 2008 the Planning D epartment issued an Addendum to the FMND for the Modified Project and determined that no supplemental environmental review was needed beyond the addendum; and
WHEREAS, On September 13, 2011, by Resolution No. 11-0142, this Commission adopted the addendum to the FMND; and WHEREAS, SFPUC staff has applied to renew the 2011 Permit and seeks to install minor additional equipment that are already included in the scope of work analyzed in the FMND and Addendum; and
WHEREAS, The Planning Department is the custo dian of records, located in File No. 2005-0883E, at 49 South Van Ness Avenue, Suite 1400, San Francisco, California; and WHEREAS, The Project files, including the FMND, Addendum to the FMND , SFPUC Resolution Numbers 08 -0073 and 11-0142, and the Mitigation Monitoring and Reporting Program have been made available for review by this Commission and the public, and those files are part of the record before this Commission; and
WHEREAS, This Commission has reviewed and considered the information contained in the FMND, the findings contained in SFPUC Resolution Numbers 08- 0073 and 11-0142, the Addendum to the FMN D and all written and oral information provided by the Planning Department, the public, relevant public agencies, SFPUC and other experts and the administrative files for the Project; now, therefore, be it RESOLVED, This Commission has reviewed and considered the FMND and the Addendum and the record as a whole, finds that the FMND is adequate for its use as the decision–making body for the Project and incorporates the CEQA findings contained in Resolution Numbers 08- 0073 and 11-0142 by this reference thereto as though set forth in this Resolution; and be it
FURTHER RESOLVED, This Commission further f inds that since the FMND and Addendum w ere finalized, there have been no substantial project changes and no substantial changes in project circumstances that would require major revisions to the FMND due to the involvement of new significant environmental effects or an increase in the severity of previously identified significant impacts, and there is no new information of substantial importance that would change the conclusions set forth in the FMND and Addendum; and be it FURTHER RESOLVED, This Commission hereby approves the terms and conditions of the Renewal Permit; and be it
FURTHER RESOLVED, t hat, upon approval by City’s Board of Supervisors and the Mayor of t he Renewal Permit, thi s Comm ission authorizes the SFPUC General Manager to execute the Renewal Permit; and be it
FURTHER RESOLVED, That this Commission authorizes the SFPUC General Manager to enter into any amendments or modifications to Renewal Permit , including without limitation, the exhibits, that the General Man ager determines, in consultation with the City Attorney, are in the best interest of the City , do not materia lly increase the obligations of liabilities of the City, are necessary or advisabl e to e ffectuate the purposes and intent of Renewal Permit or th is resolution, and are in compliance with all applicable laws, including the City Charter; and be it
FURTHER R ESOLVED, That, upon approval by City’s Board of Supervisors and the Mayor of Renewal Permit, this Commission authorizes the SFPUC General Manager to take any and all other steps they, in consultation with the City Attorney, deem necessary and advisable to effectuate the purpose and intent of this resolution.
I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of January 11, 2022.
Secretary, Public Utilities Commission
Revised 06/2021 Right-of-Way Permit No: RW-YOSE-21-003 City and County of San Francisco,
San Francisco Public Utilities Commission
Hetch Hetchy Water and Power
Yosemite National Park
United States Department of the Interior
National Park Service
Right-of-Way Permit for
City and County of San Francisco
Right-of-Way Permit No.: RW YOSE-21-003
(Renewal ROW Permit 8800-11-001)
Whereas, on February 1, 2021 the City and County of San Francisco (Permittee) applied to the National Park Service (NPS), United States Department of the Interior for a right-of-way to use or occupy NPS-administered lands or waters within Yosemite National Park (Park), a unit of the National P ark System, in order to install, construct, operate and maintain a radio communication facility including related lines and antennas ("Communication Facility") within the boundaries of Park;
Whereas, Permittee holds existing rights -of-way within the Park that were granted by the Department of the Interior for the development of the Hetch Hetchy water and power project under the auspices of the Raker Act of 1913 (38 Statutes at Large 242), including a transportation road right-of-way adjacent to the Communication Facility filed with the United States General Land Office as Sac. Serial No. 07492 that was approved on July 23, 1914 ("Transportation Road Right-of-Way"); and
Whereas, Section 1 of the Raker Act sets forth the permissible uses of federal lands by Permittee, which uses include communications facilities, and section 4 of the Raker Act requires Permittee to allow the free use of communications facilities solely for the official business and exclusive use of the United States government; and
Whereas, the Service administers the Yosemite National Park which was established as a unit of the National Park System, United States Department of the Interior pursuant to 16 U.S.C. Section 471c, and "U.S. Statutes at Large, Vol. 26, Chap. 1263, pp. 650-52, "An act to set apart certain tracts of land in the Stale of California as forest reservations." [H.R. 12187]; and
Whereas, 54 U.S.C. § 100101(a) directs the Secretary of the Interior, acting through the NPS, “to conserve the scenery, natural and historic objects, and wildlife” in units of the National Park System and to provide for their enjoyment “in such manner and by such means as will leave them unimpaired for the enjoyment of future generations”;
Whereas, 54 U.S.C. § 100101(b)(2) provides that the authorization of activities in the National Park System “shall be construed and the protection, management, and administration of the System units shall be conducted in light of the high public value and integrity of the System and shall not be exercised Revised 06/2021 Right-of-Way Permit No: RW-YOSE-21-003 City and County of San Francisco,
San Francisco Public Utilities Commission
Hetch Hetchy Water and Power
Yosemite National Park
in derogation of the values and purposes for which the System units have been established, except as directly and specifically provided by Congress”;
Whereas, 54 U.S.C. §§ 100902(a) and 100902(b) authorize the Secretary of the Interior to grant rights-of-way over, across, on, or through the Park for the purposes enumerated in those laws and subject to the other conditions in them, provided that the Secretary finds that the rights -of-way are not incompatible with the public interest;
Whereas, the NPS has promulgated regulations, codified at 36 C.F.R. part 14, governing the issuance, use, and management of rights-of-way over, across, on, or through federally owned or controlled lands administered by the NPS; and
Whereas, the Service has determined that the proposed use of the Park lands for the installation, construction, operation, and maintenance of the Communication Facility is neither incompatible with the public interest nor inconsistent with the use of such lands for Park purposes, and in fact provides benefits for park operations because the facility will house National Park Service communication equipment as well as the Permittee's equipment, consistent with Section 4 of the Raker Act,
N ow, therefore, the NPS, acting pursuant to the authority of 54 U.S.C. § 100902(b) hereby grants to the Permittee this revocable, non-exclusive right-of-way permit (Permit) across the lands or waters described below (Permitted Area). This Permit constitutes only a revocable, non-exclusive license to use or occupy the Permitted Area for the purposes described in the Permit during the term of the Permit. By accepting this Permit, the Permittee agrees to comply with the regulations in 36 C.F.R. part 14 (or any successor regulations), other applicable laws and regulations, and the terms and conditions set forth in this Permit. The Park’s Superintendent (Superintendent) will be the NPS official primarily responsible for administering this Permit.
Authority to Enter into Permit
The Permittee represents and warrants to the NPS that:
(1) The Permittee is authorized under the laws of the State of California and by its governing documents to enter into this Permit; and
(2) The person signing this Permit on the Permittee’s behalf is authorized to bind the Permittee to comply with the Permit’s terms and conditions.
Revised 06/2021 Right-of-Way Permit No: RW-YOSE-21-003 City and County of San Francisco,
San Francisco Public Utilities Commission
Hetch Hetchy Water and Power
Yosemite National Park
Legal Description and Map of Permitted Area
The legal description of the Permitted Area is as follows:
And as described and depicted on the dated map attached to this Permit as Exhibit A.
The Permittee may not deviate from the approved Permitted Area in its operation and maintenance of the Radio Communication Facility. If the Permittee determines that it needs to use or occupy NPS- administered lands or waters not specifically described in this Permit for the operation and maintenance of the Radio Communication F acility, then the Permittee must apply in writing to the NPS for authorization to use or occupy the additional area. After considering the Permittee’s application, the NPS, in its sole discretion, may authorize the use or occupancy of the additional area by amending this Permit or by issuing a new permit that includes such terms and conditions as the NPS deems appropriate. In its sole discretion the NPS may also deny the Permittee’s request for authorization to use or occupy the additional area.
Permitted Use of Right-of-Way
In connection with the Radio Communication Facility, this Permit authorizes the Permittee to operate and maintain the following facilities or equipment in the Permitted Area:
See attached Exhibit B – Authorized Equipment and Facilities
This Permit authorizes the operation and maintenance only of the facilities or equipment specifically described in the Permit. If the Permittee determines that it needs to operate and maintain facilities or equipment other than those specifically described in this Permit, then the Permittee must apply in writing to the NPS for authorization to operate and maintain the additional facilities or equipment.
After considering the Permittee’s application, the NPS, in its sole discretion, may authorize the operation and maintenance of the additional facilities or equipment by amending this Permit or by issuing a new permit that includes such terms and conditions as the NPS deems appropriate. In its sole discretion the NPS may also deny the Permittee’s request for authorization to operate and maintain the additional facilities or equipment.
Effective Date and Term of Permit
This Permit will be effective on the date of its signature by the NPS Regional Director and will expire automatically 10 years after its effective date at noon, Pacific Time Zone unless it is earlier Revised 06/2021 Right-of-Way Permit No: RW-YOSE-21-003 City and County of San Francisco,
San Francisco Public Utilities Commission
Hetch Hetchy Water and Power
Yosemite National Park
revoked, terminated, or abandoned pursuant to the provisions of this Permit or in accordance with applicable federal law.
Reauthorization of Use
In order to continue use or occupancy of the Permitted Area beyond the initial term without interruption, the Permittee must submit to the Superintendent a written application for reauthorization, on the then-current NPS-approved form and in accordance with then-existing NPS regulations and policies, at least 6 months before the Permit’s expiration date. After considering the application, the NPS, in its sole discretion, may reauthorize the use and occupancy of the Permitted Area by issuing a new permit that includes such terms and conditions as the NPS deems appropriate. The Permittee hereby acknowledges that reauthorization is not guaranteed, and that the Permittee does not have a preferential right to reauthorization as a result of the NPS’s issuance of this Permit.
Termination of Permitted Right-of-Way
At any time during the term of this Permit the NPS, in its sole discretion, may, without incurring any liability whatsoever, terminate all or any part of the permitted right-of-way. If the NPS terminates all or any part of the right-of-way before the Permit expires by its own terms, then the NPS will provide the Permittee 30 days advance written notice of the termination, including the reasons for the termination.
Abandonment of Permitted Right-of-Way
At any time during the term of this Permit, if the Permittee fails to use or occupy the Permitted Area for a period of 2 years, then the NPS, in its sole discretion, may deem the permitted right-of-way abandoned and may take whatever action it determines is necessary to secure and restore the Permitted Area. The NPS will provide the Permittee written notice of its determination that the Permi ttee has abandoned the permitted right-of-way. In case of abandonment, the Permittee will be responsible for reimbursing the NPS for all of its costs to secure and restore the Permitted Area.
Reimbursement of Costs
Pursuant to 54 U.S.C. § 103104 the NPS has elected not to recover the costs of providing necessary services associated with this Permit.
Revised 06/2021 Right-of-Way Permit No: RW-YOSE-21-003 City and County of San Francisco,
San Francisco Public Utilities Commission
Hetch Hetchy Water and Power
Yosemite National Park
Fees for Use and Occupancy
The NPS and Permittee understand and agree that the consideration for utilization of the Permitted Area for the City and County of San Francisco radio communications tower is waived in accordance with 36 C.F.R. § 14.26(c)(1).
Terms and Conditions
This Permit and the uses or activities authorized under it are subject to the following terms and conditions:
(1) This Permit may be amended only by a written instrument executed by the Superintendent and the Permittee.
(2) The Permittee may not transfer or assign this Permit to another party without obtaining the NPS’s prior written approval.
(3) The Permittee is responsible for ensuring that its officers, employees, representatives, agents, contractors, and subcontractors are familiar with this Permit and comply with its terms and conditions.
All persons working for the Permittee within the Permitted Area must carry a copy of this Permit.
(4) The Permittee must provide the NPS with current contact information (company address, points of contact, telephone numbers, email addresses, etc.) for both routine and emergency communications.
(5) The Permittee must post on its facilities in the Park at least one sign, of a design and in a location acceptable to the NPS, with the company’s name, primary point of contact, and emergency telephone number.
(6) The Permittee must notify the Superintendent in writing at least 5 business days before conducting any maintenance or non-emergency repair work within the Permitted Area. The written notice must describe the location of the proposed work, the equipment to be used, and the size of work crews anticipated to be working in the Park. The Superintendent may require an on-site meeting before any maintenance or non-emergency repair work commences and may assign a site monitor to be present during such work. Except in emergencies, all work in the Permitted Area must be conducted during the Park’s normal business hours. To respond to an emergency, the Permittee may enter the Permitted Area at o ther times to conduct repair work after notifying the Superintendent at [email protected]
and calling the Park’s Branch Chief Telecommunications at 209- 379-1090.
Revised 06/2021 Right-of-Way Permit No: RW-YOSE-21-003 City and County of San Francisco,
San Francisco Public Utilities Commission
Hetch Hetchy Water and Power
Yosemite National Park
(7) The Permittee must erect and maintain appropriate warning signs, barricades, or other warning devices during all periods when it is using the Permitted Area, including periods of maintenance or repair.
(8) The NPS may enter and inspect the Permitted Area at any time without providing prior notice to the Permittee.
(9) If necessary to protect Park resources or visitors, the NPS may require the Permittee to suspend its activities in the Permitted Area or to relocate or remove its facilities or equipment; provided that if the NPS determines that the Permittee must relocate or remove its facilities or equipment, the NPS will exercise its best efforts to accommodate the Permittee at another location in the Park.
(10) Notwithstanding the issuance of this Permit, the NPS (a) may establish trails, roads, or other improve- ments across, over, on, or through the Permitted Area for use by the NPS, by Park visitors, or by others and (b) may authorize its contractors or other permittees to use the Permitted Area at the same time that the Permittee is using it, as long as those other uses will not unreasonably interfere with the Permittee’s use of the Permitted Area under this Permit.
(11) The Permittee may not allow another party to co-locate equipment on the Permittee’s infrastructure without obtaining the NPS’s prior written approval. As a condition of such approval the NPS will require the co-locator to apply for and be issued its own NPS right-of-way permit.
(12) The Permittee must keep the Permitted Area clean and free of litter or other debris at all times.
(13) Except as expressly authorized by this Permit or subsequently approved in writing by the Superintendent, the Permittee may not move, remove, alter, damage, or destroy any Park resources within the Permitted Area or the Park. As directed by the Superintendent, the Permittee must take all reasonable measures to avoid or minimize damage to Park resources. The Superintendent may require reasonable mitigation in return for allowing impacts to Park resources under this Permit.
(14) The Permittee must immediately suspend all activities and notify the Superintendent upon the discovery of any threatened or endangered species or archeological, paleontologic al, or historical resources within or near the Permitted Area. All natural and cultural resources discovered in the Permitted Area are the property of the United States.
(15) The Permittee may not use pesticides or her bicides on Park lands without obtaining the Superintendent’s prior written approval.
Revised 06/2021 Right-of-Way Permit No: RW-YOSE-21-003 City and County of San Francisco,
San Francisco Public Utilities Commission
Hetch Hetchy Water and Power
Yosemite National Park
(16) The Permittee must do everything reasonably within its power to prevent and suppress fires resulting from the Permittee’s activities under this Permit.
(17) Within 4 hours after the damage or disruption occurs, the Permittee must repair or restore any utilities within the Park that are damaged or disrupted as a result of the Permittee’s activities under this Permit.
(18) Within 6 months after the expiration or termination of this Permit, the Permittee must remove all of its facilities and equipment from the Permitted Area and restore the Permitted Area to its pre-Permit condition as directed and approved by the Superintendent. Any facilities or equipment not removed within that time will be deemed abandoned and will be disposed of in accordance with applicable federal law. In that event, the Permittee will be liable to the NPS for all of its costs in disposing of the facilities or equipment and restoring the Permitted Area.
(19) Before the Permit’s effective date the Permittee must file with the NPS a performance bond payable to the NPS, issued by a surety satisfactory to the NPS, to guarantee its compliance with all terms and conditions of this Permit and with all applicable laws and regulations. The requirement of a performance bond is waived.
(20) No insurance is being required for this Permit. The Permittee is a public agency, and is self-insured.
(21) In accordance with applicable law, including the Park System Resource Protection Act, 54 U.S.C. §§ 100721-100725, the Permittee will be responsible for any damage to or destruction of Park resources resulting from the Permittee’s activities that are not reasonably inherent in the use of the Permitted Area authorized by this Permit. This Permit is not a defense to liability under 54 U.S.C. § 100722(c)(3) for any activity not expressly authorized by this Permit.
(22) The Permittee will indemnify and hold harmless the United States and its officers, employees, agents, and representatives from and against all liability of any sort whatsoever arising out of the Permittee’s activities under this Permit. This agreement to indemnify and hold harmless from and against all liability includes liability under federal or state environmental laws, including the Comprehensive Environmental Response, Compensation, and Restoration Act, as amended; the Resource Conservation and Recovery Act, as amended; and what is commonly known as the Clean Water Act, as amended. This agreement to indemnify and hold harmless will survive the Permit’s termination or expiration.
(23) In accordance with applicable federal law the Permittee will not discriminate against any person because of race, color, religion, sex, or national origin.
Revised 06/2021 Right-of-Way Permit No: RW-YOSE-21-003 City and County of San Francisco,
San Francisco Public Utilities Commission
Hetch Hetchy Water and Power
Yosemite National Park
(24) Nothing in this Permit obligates the NPS to expend in any one fiscal year any sum in excess of appropriations made by Congress or administratively allocated by the NPS for the purpose of this Permit, or to involve the NPS in any contract or other obligation for the further expenditure of money in excess of such appropriations or allocations.
(25) Use of wireless communications equipment is contingent upon the possession of a valid Federal Communications Commission (FCC) or National Telecommunications and Information Administration (NTIA) authorization/license (if required), and the operation of the equipment in strict compliance with applicable requirements of FCC or NTIA. A copy of each applicable license or authorization must be maintained at all times by the Permittee for each transmitter being operated. The Permittee must provide the Superintendent, when requested, with current copies of all licenses for equipment in or on facilities covered by this Permit.
(26) Permittee must, at its sole cost and expense, take all necessary actions to comply with all applicable FCC radio frequency (RF) exposure regulations and requirements, and must take reasonable precautions so that neither workers nor the public are subject to RF exposures above the FCC specific levels.
(27) The provisions of the United States Code set forth at 18 U.S.C. § 431 (Contracts by Member of Congress) and 41 U.S.C. § 6306 (Prohibition on Members of Congress making contracts with the Federal Government), as such provisions may be revised from time to time, are hereby incorporated in this Permit by this reference, as if set forth in full.
(28) Permittee will comply with the Hazardous Material Requirements in Exhibit C.
Revised 06/2021 Right-of-Way Permit No: RW-YOSE-21-003 City and County of San Francisco,
San Francisco Public Utilities Commission
Hetch Hetchy Water and Power
Yosemite National Park
By signing this Permit on the date indicated below, the Permittee’s authorized representative acknowledges that he or she has read and understands all of the Permit’s terms and conditions, agrees that the Permittee will abide by all of the Permit’s terms and conditions, and requests that the NPS Regional Director execute the Permit and issue it to the Permittee.
City and County of San Francisco
Public Utilities Commission
(Signature)
Printed name
General Manager
Title
Date
Authorized by SFPUC Res. No. __________ Dated: ____________
By: ____________________________________
(Signature)
Commission Secretary
Approved as to form:
By: ______________________________________
(Signature)
Deputy City Attorney
Revised 06/2021 Right-of-Way Permit No: RW-YOSE-21-003 City and County of San Francisco,
San Francisco Public Utilities Commission
Hetch Hetchy Water and Power
Yosemite National Park
By signing this Permit on the date indicated below, the Superintendent Yosemite National Park hereby executes it and issues it to the Permittee.
__________________________________________
(Signature)
Cicely Muldoon
Superintendent, Yosemite National Park
___________________________________________
Date
Revised 06/2021 Right-of-Way Permit No: RW-YOSE-21-003 City and County of San Francisco,
San Francisco Public Utilities Commission
Hetch Hetchy Water and Power
Yosemite National Park
Exhibit A
Legal Description and Map
Revised 06/2021 Right-of-Way Permit No: RW-YOSE-21-003 City and County of San Francisco,
San Francisco Public Utilities Commission
Hetch Hetchy Water and Power
Yosemite National Park
Exhibit B
Authorized Equipment and Facilities
Revised 06/2021 Right-of-Way Permit No: RW-YOSE-21-003 City and County of San Francisco,
San Francisco Public Utilities Commission
Hetch Hetchy Water and Power
Yosemite National Park
Exhibit C
Hazardous Material Requirements
(1) “Applicable Laws” means all present and future laws, statutes, requirements, ordinances, judgments, regulations, and administrative and judicial determinations (that are applicable by their own terms to the Permitted Area or Permittee), even if unforeseen or extraordinary, of every governmental or quasi- governmental authority, court or agency claiming jurisdiction (collectively “Agency”) over the Permitted Area.
(2) “Hazardous Material” means any material or other substance (including storage tanks): (a) the presence of which is governed by any Applicable Law as being hazardous or harmful to human health or the environment, (b) that is or becomes defined as a hazardous waste, hazardous substance, pollutant, or contaminant under Applicable Laws, (c) that is toxic, explosive, corrosive, flammable, infectious, ignitable, radioactive, carcinogenic, mutagenic, or otherwise hazardous or is or becomes regulated under Applicable Laws, or (d) that contains, without limitation of the foregoing, (i) gasoline, diesel fuel or other petroleum hydrocarbons or volatile organic compounds, (ii) polychlorinated biphenyls (PCBs), asbestos, asbestos-containing materials, or urea formaldehyde foam insulation, or (iii) radon gas.
(3) “Environmental Damages” means all claims, demands, damages, injuries, losses, penalties, fines, costs (including consultant fees and expert fees), liabilities, causes of action, judgments, expenses and the like, of any nature whatsoever and by whomever made, incurred at any time during or after the term of this Permit which relate to the presence, suspected presence, release, or suspected release of any Hazardous Material from, on, about, under, in or into the air, surface water, ground water or land arising directly or indirectly from or in connection with Permittee’s use of the Permitted Area. Environmental Damages include without limitation: (a) damages for death or personal injury, or injury or damage to the Permitted Area, other NPS property, or adjacent property, foreseeable or unforeseeable; and (b) fees incurred for the services of consultants or contractors, and all other costs incurred in connection with the investigation, cleanup or remediation of such Hazardous Materials, the violation of any Applicable Laws, or the restoration of the affected property.
(4) “Pre-existing Hazardous Materials” means Hazardous Materials that existed in, on, about or under the Permitted Area or other NPS property prior to the Effective Date of this Permit.
(5) Permittee will not bring, generate, use, manage, treat, keep, store, handle, sell, dispose of, discharge, or release any Hazardous Material from, on, about, under or into the Permitted Area or NPS property except in accord with Applicable Laws and with prior NPS written approval. Permittee will be responsible for timely acquisition of and compliance with any required permit(s), and will provide to the NPS, upon request, inventories and supporting documentation.
Revised 06/2021 Right-of-Way Permit No: RW-YOSE-21-003 City and County of San Francisco,
San Francisco Public Utilities Commission
Hetch Hetchy Water and Power
Yosemite National Park
(6) If Permittee becomes aware of, or reasonably suspects, or receives notice or other communication concerning any actual, alleged, suspected or threatened violation of any Applicable Law by Permittee or from past or present activities of any person in connection with the Permitted Area or of any liability of Permittee for Environmental Damages in connection with the Permitted Area, Permittee will immediately inform the NPS in writing with copies of any relevant documentation. Receipt of such notice will not be deemed to create any obligation on the part of the NPS to defend or otherwise respond to any such notification.
(7) Permittee will, at its sole cost and expense, promptly take all actions required under Applicable Laws by any Agency to remedy damage to the Permitted Area, other NPS property or adjacent property which arises directly or indirectly from or in connection with the presence, suspected presence, release, or suspected release of any Hazardous Material from, on, about, under, in or into the air, surface water, ground water or land arising directly or indirectly from or in connection with Permittee’s use of the Permitted Area, provided that, except in case of emergency, NPS’s prior written approval of such actions is required.
(8) In addition to all other indemnity requirements of this Permit, Permittee expressly agrees to indemnify, reimburse, defend, save and hold harmless the NPS for and from any and all Environmental Damages caused by or arising out of this Permit or Permittee’s use of the Permitted Area, whether or not the Environmental Damages were caused by the negligence or lack of diligence of the Permittee.
(9) This Permit is not intended to create a separate obligation on Permittee’s part and in favor of NPS to remediate Pre-existing Hazardous Materials, nor does it limit or expand the rights or defenses of NPS or Permittee with respect to Pre-existing Hazardous Materials. Consequently, paragraphs (7) and (8) above shall not apply to Pre-existing Hazardous Materials except to the extent (i) Permittee causes an exacerbation or migration of such Pre-existing Hazardous Materials, or (ii) Permittee causes additional damage to the environment beyond such Pre-existing Hazardous Materials. This paragraph (9) does not relieve Permittee of any obligation it might have with regard to third parties or any Agency by operation of Applicable Laws.
(10) If Permittee fails to perform or comply with any of its obligations or agreements pertaining to Hazardous Materials for a period of thirty (30) days after notice, then NPS will have the right, but not the duty, without limitation of any other rights of the NPS under this Permit, personally or through NPS’s agents to enter the Permitted Area and perform the same. Permittee agrees to reimburse the NPS for the costs thereof and to indemnify the NPS for liabilities therefrom.
(11) Permittee agrees that the NPS will not be liable for any costs or injuries incurred by Permittee resulting from contamination caused by any other permittee, lessee, cooperator, concessioner or other Park occupant or visitor.
Revised 06/2021 Right-of-Way Permit No: RW-YOSE-21-003 City and County of San Francisco,
San Francisco Public Utilities Commission
Hetch Hetchy Water and Power
Yosemite National Park
(12) NPS makes no representation about the condition of the Permitted Area. Hazardous Materials may exist in, on, under, or above the Permitted Area or adjacent lands. Permittee is responsible for gathering sufficient information about the existence, scope, and location of Hazardous Materials on or near the Permitted Area to meet Permittee’s obligations under this Permit and to utilize the Permitted Area.
(13) The provisions of this Exhibit C will survive any termination or expiration of this Permit.
Tower
No. HEIGHT TYPE Face Width
Base/Top
Example 100 ft. Lattice - 4 Legs 4 ft.top
10 ft. bottom
Tower 40 ft. Lattice - 3 Legs
3'6-3/8" top
and 3'6-3/8"
bottom
Antenna
No. MAKE MODEL Azimuth
(Degrees) Mhz Transmit
Power
Dimensions
L x W x D (inches)
Weight
(lbs)
Mount
Elev. (ft.)
AGL
Elev.
Example Amphenol BXA-70080-8CF 50° 696-900 94.8 x 8.0 x 5.9 23 77' 77' 1 Future: RX 1 17.2' tall 38'
2 Future: RX 2 17.2' tall 38'
3 Future: TX 1 9.5' tall 25'
4 5
6 7
8 EXHIBIT B
(Page 1 of 3)
Authorized Equipment and Facilities
This Exhibit is attached to and a part of NPS ROW Permit No.: _____8800-11-001_______ ANTENNA(S):
TOWER/STRUCTURE, if applicable
DESCRIPTION
Coordinates for center of tower:
Dish No. MAKE MODEL Diameter
(Feet)
Frequency
(Ghz)
Transmit
Power Color Weight
(lbs.)
Centered
at Elev.
AGL
Elev.
Example RFS UXA4-107BB 4' 10.7-11.7 Grey 40 105' 105'
1 Paraboloid 4' 11 27.5 dBm Black 38'
2 Paraboloid 2'6" 11 28.4 dBm Black 30'
3 4
5 RADIO No. MAKE MODEL Frequency Receiving
Power
Transmit
Power
Connected to Antenna
No.
Weight
(if on
tower)
Mount
Elev.
(if applic.)
AGL
Elev.
Example ABC XYZ - Land Mobile Radio
Example ABC XYZ - Microwave Radio
1 Microwave
Networks MX-Series 11 gHz
2 Microwave
Networks MX-Series 11 gHz
Future Motorola GTR8000 800MHz Future 1,2,3
4 5
Bldg No. Dimensions
W x L x H
1 11'6"W. x 24'L.
x 9'-8"H.
MICROWAVE DISH(ES):
RADIO(S):
EQUIPMENT SHELTER(S)
Communications Shelter
DESCRIPTION OF SHELTER:
2 Cabinet MAKE MODEL SIZE
W x L x H
1 N/A
2 3
4 No. MAKE MODEL SIZE FUEL
TYPE
INSIDE/OUTSIDE
BUILDING?
1 N/A
2 TYPE
1 N/A
2 1 Fencing
2 Batteries
3 Batteries
4 Batteries
5 Powersafe Battery, 4 -12 volt batteries per banks (2 banks) Possible/Future
Site security fencing
CABINETS
FUEL STORAGE
GENERATOR(S)
Powersafe Battery, 4 -12 volt batteries per bank (3 banks)
DESCRIPTION
OTHER