EXHIBIT B COMM SITE STANDARD STIPULATIONS.PDF

November 15, 2019
EXHIBIT B
COMMUNICATION SITE STANDARD STIPULATIONS
1. This lease is issued subject the holder’s compliance with all applicable regulations contained in
Title 43 Code of Federal Regulations part 2800.
2. Any cultural and/or paleontological resource (historic or prehistoric site or object) discovered by
the holder, or any person working on his behalf, on public or Federal land shall be immediately
reported to the Authorized Officer (AO). Holder shall suspend all operations in the immediate
area of such discovery until written authorization to proceed is issued by the AO. An evaluation
of the discovery will be made by the AO to determine appropriate actions to prevent the loss of
significant cultural or scientific values. The holder will be responsible for the cost of evaluation
and any decision as to proper mitigation measures will be made by the AO after consulting with
the holder.
3. The holder shall perform all operations in a good and workmanlike manner so as to ensure
protection of the environment and the health and safety of the public.
4. Failure of the holder to comply with applicable law or any provision of this right-of-way (ROW)
lease or permit shall constitute ground for suspension or termination thereof.
5. In the event that the public land underlying the ROW encompassed in this permit or a portion
thereof, is conveyed out of Federal ownership and administration of the ROW or the land
underlying the ROW is not being reserved to the United States in the patent/deed and/or the ROW
is not within a ROW corridor being reserved to the United States in the patent/deed, the United
States waives any right it has to administer the ROW, or potion thereof, within the conveyed land
under Federal laws, statutes, and regulations, including the regulations at 43 CFR Part
(2800)(2880), including any rights to have the holder apply to the Bureau of Land Management
for amendments, modifications, or assignments and for the Bureau of Land Management to
approve or recognize such amendments, modifications, or assignments. At the time of
conveyance, the patentee/lessee, and their successors and assigns, shall succeed to the interests of
the United States in all matters relating to the ROW, or portion thereof, within the conveyed land
and shall be subject to applicable State and local government laws, statutes, and ordinances.
After conveyance, any disputes concerning compliance with the use and the terms and conditions
of the ROW shall be considered a civil matter between the patentee/lessee and the ROW holder.
6. It is against State law to collect desert tortoise from the wild. If tortoises are found in the project
area, they shall be removed from the area and released, in the shade, unharmed. (When moving a
tortoise, approach the tortoise from the end of the shell with the head. Note the direction the
tortoise was heading and carefully carry it no more than 150 feet and release it in the direction
that it was heading. If possible place the tortoise in the shade. Carry the tortoise upright, in its
normal walking position. Do not tip it from side to side or upside down. If a tortoise becomes
frightened, it may empty its bladder as a defense mechanism. The loss of bladder fluids can place
the tortoise under additional stress because tortoise store water in the bladder for use during the
dry times of year.)
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7. Upon expiration of the lease or at any time before expiration of the lease, should the holder
relinquish said ROW, the holder agrees to remove all improvements and debris, and restore the
site to as near its natural condition as possible to the satisfaction of the BLM AO within 90 days.
8. The holder shall comply with all applicable Federal, State, and local regulations whether or not
specifically mentioned within this lease.
9. The holder shall construct, operate, and maintain the facilities, improvements, and structures
within this ROW in strict conformity with the plan of development which was approved and
made part of this lease. Any relocation, additional construction, or use that is not in accord with
the approved plan of development, shall not be initiated without the prior written approval of the
AO. A copy of the complete ROW lease, including all stipulations and approved plan of
development, shall be made available on the ROW area during construction, operation, and
termination to the AO. Noncompliance with the above will be grounds for an immediate
temporary suspension of activities if it constitutes a threat to public health and safety or the
environment.
10. All design, material, and construction, operation, maintenance, and termination practices shall be
in accordance with safe and proven engineering practices.
11. Fences, gates, and brace panels shall be reconstructed to appropriate Bureau standards and/or
specifications as determined by the AO.
12. The holder shall inform the AO within 48 hours of any accidents on federal lands that require
reporting to the Department of Transportation as required by 49 CFR Part 195.
13. Use of pesticides shall comply with the applicable Federal and state laws. Pesticides shall be
used only in accordance with their registered uses and within limitations imposed by the
Secretary of the Interior. Prior to the use of pesticides, the holder shall obtain from the AO
written approval of a plan showing the type and quantity of material to be used, pest(s) to be
controlled, method of application, location of storage and disposal of containers, and any other
information deemed necessary by the AO. Emergency use of pesticides shall be approved in
writing by the AO prior to such use.
14. The holder shall protect all survey monuments found within the ROW. Survey monuments
include, but are not limited to, General Land Office and Bureau of Land Management Cadastral
Survey Corners, reference corners, witness points, U.S. Coastal and Geodetic benchmarks and
triangulation stations, military control monuments, and recognizable civil (both public and
private) survey monuments. In the event of obliteration or disturbance of any of the above, the
holder shall immediately report the incident, in writing, to the AO and the respective installing
authority if known. Where General Land Office or Bureau of Land Management ROW
monuments or references are obliterated during operations, the holder shall secure the services of
a registered land surveyor or a Bureau cadastral surveyor to restore the disturbed monuments and
references using surveying procedures found in the Manual of Surveying Instructions for the
Survey of the Public Lands in the United States, latest edition. The holder shall record such
survey in the appropriate county and send a copy to the AO. If the Bureau cadastral surveyors or
other Federal surveyors are used to restore the disturbed survey monument, the holder shall be
responsible for the survey cost.
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15. The holder of this ROW lease or the holder's successor in interest shall comply with Title VI of
the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and the regulations of the Secretary of the
Interior issued pursuant thereto.
16. No construction or routine maintenance activities shall be performed during periods when the soil
is too wet to adequately support construction equipment. If such equipment creates ruts in excess
of four inches deep, the soil shall be deemed too wet to adequately support construction
equipment.
17. Construction sites shall be maintained in a sanitary condition at all times; waste materials at those
sites shall be disposed of promptly at an appropriate waste disposal site. "Waste" means all
discarded matter including, but not limited to, human waste, trash, garbage, refuse, oil drums,
petroleum products, ashes, and equipment.
18. The holder shall meet Federal, State, and local emission standards for air quality.
19. The holder shall comply with all applicable Federal laws and regulations existing or hereafter
enacted or promulgated. In any event, the holder(s) shall comply with the Toxic Substances
Control Act of 1976, as amended (15 U.S.C. 2601, et seq.) with regard to any toxic substances
that are used, generated by or stored on the ROW or on facilities authorized under this ROW
lease. (See 40 CFR, Part 702-799 and especially, provisions on polychlorinated biphenyls, 40
CFR 761.1-761.193.) Additionally, any release of toxic substances (leaks, spills, etc.) in excess
of the reportable quantity established by 40 CFR, Part 117 shall be reported as required by the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, Section 102b.
A copy of any report required or requested by any Federal agency or State government as a result
of a reportable release or spill of any toxic substances shall be furnished to the AO concurrent
with the filing of the reports to the involved Federal agency or State government.
20. The holder of ROW No. AZA-37384 agrees to indemnify the United States against any liability
arising from the release of any hazardous substance or hazardous waste (as these terms are
defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980,
42 U.S.C. 9601, et seq. or the Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901
et seq.) on the ROW (unless the release or threatened release is wholly unrelated to the ROW
holder's activity on the ROW. This agreement applies without regard to whether a release is
caused by the holder, its agent, or unrelated third parties.
21. The stipulations, plans, maps, or designs (Exhibits A-C), attached hereto, are incorporated into
and made a part of this lease instrument as fully and effectively as if they were set forth herein in
their entirety.
22. All terms and conditions of the original grant/lease apply and are incorporated into and made a
part of these stipulations as fully and effectively as if they were set forth herein in their entirety.
23. The holder shall designate a representative who shall have the authority to act upon and to
implement instructions from the AO. The holder's representative shall be available for
communication with the AO within a reasonable time when construction or other surface
disturbing activities are underway.
24. The holder shall be responsible for weed control on disturbed areas within the limits of the ROW.
The holder is responsible for consultation with the AO and/or local authorities for acceptable
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weed control methods (within limits imposed in the lease stipulations).
25. A litter policing program shall be implemented by the holder, and approved of in writing by the
AO, which covers all roads and sites associated with the ROW.
26. The holder shall conduct all activities associated with the construction, operation, and termination
of the ROW within the authorized limits of the ROW.
27. Holder shall maintain the ROW in a safe, usable condition, as directed by the AO. (A regular
maintenance program shall include, but is not limited to, blading, ditching, culvert installation and
surfacing).
28. If during any phase of the construction, operation, or termination of the fence any oil or other
pollutant should be discharged from vehicles impacting Federal lands, the control and total
removal, disposal, and cleanup of such oil or other pollutant, wherever found, shall be the
responsibility of the holder, regardless of fault. Upon failure of holder to control, cleanup, or
dispose of such discharge on or affecting Federal lands, or to repair all damages to Federal lands
resulting there from, the AO may take such measures as he deems necessary to control and
cleanup the discharge and restore the area, including, where appropriate, the aquatic environment
and fish and wildlife habitats, at the full expense of the holder. Such action by the AO shall not
relieve the holder of any liability or responsibility.
29. Prior to termination of the ROW, the holder shall contact the AO to arrange a pre-termination
conference. This conference will be held to review the termination provisions of the lease.
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