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Requests for Easements or Licenses

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2.0 - Updated on 2025-04-23 by Anna Campbell

1.0 - Updated on 2021-09-15 by Eileen Crowley

1.         Purpose

This policy establishes requirements for evaluating and recommending easement action to the DOE, and evaluating, awarding, and administering License agreements.

2.         Scope

This policy governs processing requests for Easements or Licenses at Fermilab for public purpose or other.

3.         Applicability

This policy applies to all Fermilab employees and users.

4.         Effective date

This policy goes into effect on January 27, 2010.

5.         Policy

This policy is applicable to requests for public utilities, including telecommunications and will be generally followed for any request from any entity, public or private for any easement or license for any purpose.

6.         Definitions

Mission impact: any impact on the mission of Fermilab as set out in the Statement of Work in DOE M&O Contract DE-AC02 – 07CH11359 including impact on the planned and or potential future scientific and/or project activities at Fermilab.

Structural Impact: When a structure is to be erected as a result of the easement or license a structural integrity analysis of the site where construction is planned must be performed and paid for by the requester

Aesthetics: Given the Historical nature of the Fermilab site/ the Architecturally significant nature of Wilson Hall and the overall designation of Fermilab as a National Environmental Research Park (NERP), the impact of any structure that would be a result of the requested easement or license would need to be included.

Cost: an estimate of the cost to install as well as operate and maintain and an agreement as to the eventual disposition of any property associated with the easement or license is necessary and this should include the cost of evaluating mission/structural/ Aesthetics impact.

Other Factors as necessary: FESS may need to include and evaluate other factors (soil conditions for instance) depending on the nature of the request.

7.         Responsibilities

Generally, implementation of this policy is through Fermilab, Facilities Engineering Services Section (FESS).  Informal discussions in advance of the formal request may likely take place between the requestor and various lab technical staff.  To assess the request for possible implementation FESS will gather pertinent information from appropriate Fermilab functional areas as necessary and make a recommendation with appropriate analysis to DOE through the COO as to whether to grant the request.  FESS, in developing its analysis and recommendation of the request will evaluate the following factors, Mission Impact, Structural Impact (if necessary), Aesthetics, Cost and any other factors necessary to appropriately evaluate the request. Additionally, input from other affected Fermilab Offices such as Telecommunications or Environmental, Safety and Health will be requested and Directorate concurrence at the COO level will be required to transmit to DOE.

8.         Owner

Responsibility for reviewing, updating and communicating changes to this policy rests with the Property Management System Owner.

9.         Review cycle

This policy is to be reviewed at least every five years.

The approved version of this policy can be found at the following URL:

https://directorate-docdb.fnal.gov/cgi-bin/RetrieveFile?docid=40&filename=Requests%20for%20Easements%20or%20Licenses.pdf