Occupancy and Use of National Forest Land

B-62187: Dec 3, 1946

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It has been the practice of the Forest Service to include in its permits issued for the occupancy and use of national forest land for the construction, operation, and maintenance of electric power transmission and distribution lines, to the extent that it has not already been accomplished, the permittee shall make provision, or shall bear the reasonable cost of making provision, for avoiding inductive interference between any project transmission line or other project work constructed, operated, or maintained under the permit. A decision is requested as to whether the Forest Service is authorized in this case to add to the permit the following paragraph: "The foregoing provisions shall not require the permittee to make provision or bear the reasonable cost of making provision for avoiding inductive interference between any project transmission line or other project work constructed, operated, or maintained under this permit any telephone line owned, operated, or used by the Forest Service whenever such interference may be avoided by metalicizing such telephone lines.

It is understood that in the present case the determination of the Forest Service to metallicize its telephone lines in the area here involved was prompted by reasons of expediency wholly unconnected with the prevention or correction of inductive interference form electric power transmission lines. In that situation, the said decision of May 5, 1943, would appear not for application, and there is perceived no objection to the inclusion in the proposed permit of a sentence alone the line indicated in the letter.