(a) Complete application requirement. The NPS will not begin processing a right-of-way permit application until it has determined the applicant has complied with the requirements in this part, including the submission of all required information. Making this determination does not guarantee the NPS will issue a right-of-way permit.
(b) Application form. (1) To request a right-of-way permit, applicants must submit a complete Standard Form 299, Application for Transportation, Utility Systems, Telecommunications and Facilities on Federal Lands and Property (SF-299), or the applicable common form approved by the General Services Administration at the time of the application, including all materials required in the SF-299 and this part, to the superintendent of the System unit. If materials required in this part were previously filed with the superintendent for the issuance of another right-of-way permit for the same System unit, the NPS may decide the applicant is not required to resubmit these materials, provided the previous date of filing, place of filing, and existing right-of-way permit number are included in the new application.
(2) The SF-299 must be signed by the applicant or applicant's authorized representative.
(3) The applicant must submit the application charge pursuant to § 14.7 of this part.
(c) Applicant documentation. Only citizens, corporations, partnerships, and associations of the United States are eligible to apply for a right-of-way permit.
(1) Corporations. An application by a corporation must include:
(i) A copy of its charter or articles of incorporation, duly certified by the proper official of the State where the corporation was organized.
(ii) A copy of the law under which the corporation was formed and proof of organization and good standing under the same.
(iii) If a corporation is operating in a State other than its State of incorporation, a certificate of good standing from the proper official of the State where it is operating that it has complied with the laws of that State governing foreign corporations operating in such State.
(iv) An affidavit from the appropriate individual at the corporation certifying:
(A) The corporation's ability to do business in the State or States where the affected park area is located;
(B) The corporation's ability to file an application for the stated purpose; and
(C) The ability of the individual filing the application to bind and sign for the corporation for purposes of the application.
(2) Partnerships, limited liability companies, and similar entities. An application by an association of individuals with legal standing must be accompanied by:
(i) A certified copy of articles of association or other current governing documents, if any, indicating appropriate signature authority and authority to file the application. If these articles or documents do not exist, all members must sign the application.
(ii) Evidence of U.S. citizenship for each individual member of the association.
(3) Individuals. An application by an individual must be accompanied by evidence of U.S. citizenship.
(d) Maps. (1) Applicants must provide a map that meets current NPS mapping standards, showing at a minimum:
(i) The area proposed to be included in the right-of-way permit, including the placement of proposed infrastructure; and
(ii) Proposed access points and routes (including uses of existing roads), and other areas associated with the right-of-way permit.
(2) The NPS may require an official land survey, legal description, and digital information.
(e) Water Rights. Unless otherwise required by Federal law, applications requesting authorization to operate and maintain infrastructure to support the storage, diversion, conveyance, or use of water, must include proof of the applicant's valid water right from the appropriate State official or State law.
(f) Access. (1) The applicant must include a description of proposed access routes and means of access.
(2) Access routes and means of access will be limited to existing roads, or existing or NPS-approved routes, trails, or access points.
(3) Unless otherwise provided by law, the NPS will not authorize new roads by a right-of-way permit.
(4) No right of access is granted under a right-of-way permit. Access routes and means of access identified in a right-of-way permit are revocable at the discretion of the NPS.
(g) Co-location. (1) The applicant must design infrastructure to accommodate co-location to the greatest extent possible after consideration of potential impacts to park area resources, values, public health and safety, and visitor experience.
(2) Before proposing a new or undisturbed location for infrastructure, the applicant must demonstrate that they have evaluated all options for co-location with existing infrastructure.
(3) Each entity seeking to co-locate will be required to have a separate right-of-way permit.
(h) Financial assurance and liability insurance. As appropriate to the proposed project, the NPS may require proof of acceptable financial assurance and liability insurance.
(i) Additional Information. The NPS may require in writing that applicants submit additional information before an application is considered complete.