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Policy on Requests for Easements and 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

Policy on Requests for Easements and Licenses

PROP - KB0013569

 

1.  Purpose

Define the requirements for evaluating and recommending easement action to the Department of Energy (DOE), and evaluating, awarding, and administering License agreements at Fermilab.

 

This policy is not a contract and is not intended to create any obligations on FermiForward. This policy may be terminated or changed by FermiForward at any time, with or without notice.

 

2.  Scope

This policy governs how requests for Easements or Licenses of real property at Fermilab are processed.

 

3. Applicability

This policy applies to Fermi Forward Discovery Group, LLC and all its employees, affiliates, users, and subcontractors. 

 

4.  Effective Date and Date Reviewed/Updated

This policy went into effect on January 27, 2010 and its update was effective on April 23, 2025.

 

5.  Policy

When there is a request for a new, or for modification of an existing, real property easement or license, the Fermilab Infrastructure Services Division (ISD) will conduct a complete assessment as detailed herein to be delivered to the applicable offices in the DOE.

 

To assess the request for possible implementation, ISD will gather pertinent information from appropriate Fermilab functional areas as necessary and make a recommendation with appropriate analysis to DOE through the Deputy Director for Operations (COO) as to whether to grant the request. 

 

ISD will evaluate the request and form a recommendation by considering the following factors: Mission Impact, Structural Impact (if necessary), Aesthetic Impact, Cost, and Other Factors (if necessary). Additionally, input from other affected Fermilab offices such as Telecommunications or Environmental, Safety and Health will be requested as appropriate during the evaluation. Directorate concurrence at the COO level is required prior to transmittal of the assessment to DOE.

 

Costs associated with impact analysis will be borne by the easement/license requestor. Licenses and easements are ultimately agreed to between the DOE and the third party seeking to perform work.  

 

6. Definitions

Fermilab is the physical site and property that is the Fermi National Accelerator Laboratory.

 

Fermi Forward Discovery Group, LLC is the operator and manager of the Fermi National Accelerator Laboratory under Department of Energy Prime Contract No. 89243024CSC000002 and is the principal employer of personnel working at Fermilab.

 

Mission Impact: Any impact on the mission of Fermilab as set out in the Statement of Work in DOE Prime Contract No. 89243024CSC000002 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 proposed must be performed.

 

Aesthetic Impact: An architectural review of the requested easement or license to determine the visual impact that any proposed structure or modification would have on the Fermilab site.

 

Cost: An estimate of the cost to install, operate, maintain, and eventually dispose of any property associated with the easement or license, including costs of restoration of the easement or license areas.  This includes the cost of evaluating mission/structural/ aesthetic/other factor impacts.

 

Other Factors: ISD may need to include and evaluate additional elements (including without limitation soil conditions, environmental impacts and effects on title) depending on the nature of the request.

 

7. Responsibilities

The Property and Infrastructure Management System Owner is responsible for ensuring consistent laboratory compliance with this policy.

 

8. Authorities

Prime Contract No. 89243024CSC000002, Clause I.164

 

9. Owner

The Senior Director for Infrastructure Services is the owner of this policy.

 

10. Review Cycle

This policy shall be reviewed every 3 years.

 

11.  Communication Plan

The requirements of this policy shall be communicated by the Senior Director for Infrastructure Services to all employees, affiliates, users, and subcontractors. This policy shall be available on the Fermilab policy website. 

 

 

Revision History

 

Author

Description of Change

Revision Date

ISD Head

Initial release.

January 2010

A. Eiffes

Updated to conform to current policy format and lab organizational structure.

April 2025

 

 

 

 

 

 

 

 

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

https://directorate-docdb.fnal.gov/cgi-bin/sso/RetrieveFile?docid=40&filename=Policy%20on%20Requests%20for%20Easements%20and%20Licenses%20FINAL.pdf&version=3