5409.13_30
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FOREST SERVICE HANDBOOK
INTERMOUNTAIN REGION (REGION 4)
OGDEN, UT
FSH 5409.13 – LAND ACQUISITION HANDBOOK
CHAPTER 30 – LAND EXCHANGE
Supplement No.: 5409.13-2007-1
Effective Date: December 10, 2007
Duration: This supplement is effective until superseded or removed.
Approved: HARV FORSGREN
Regional Forester
Date Approved: 12/08/2007
Posting Instructions: Supplements are numbered consecutively by Handbook number and calendar
year. Post by document; remove entire document and replace it with this supplement. Retain this
transmittal as the first page(s) of this document. The last supplement to this Handbook was 5409.132006-1 to 5409.13 chapter 50.
New Document(s):
Superseded Document(s) by
Issuance Number and
Effective Date
5409.13_30
None
3 Pages
Digest:
33.3 - Correlates direction for the land exchange public notice requirements with the direction regarding
the 30-day notice and comment period for legal notice publication directed by FSH 1509.12 Chapter 10,
section 11.
33.31 – Establishes that the required Notice of Exchange Proposal (NOEP) publication, also known as the
4-week notice, take place as a part of the initial scoping of the proposal and prior to the 30-day notice and
comment period.
33.31a – Establishes a minimum requirement that the NOEP must contain clarification that comments
received in response to the NOEP do not create eligibility for appeal. The NOEP will clearly state the 30Day Notice and Comment publication will be forthcoming and the newspaper in which it will be
published.
R4 SUPPLEMENT 5409.13-2007-1
EFFECTIVE DATE: 12/10/2007
DURATION: This supplement is effective until superseded or removed.
5409.13_30
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FSH 5409.13 – LAND ACQUISITION HANDBOOK
CHAPTER 30 – LAND EXCHANGE
33.3 - Public Notice
In order to correlate direction for the land exchange public notice requirements with the direction
regarding the 30-day notice and comment period for legal notice publication directed by FSH 1509.12,
chapter 10, section 11, all land exchange proposals documented in an environmental assessment (EA)
shall follow notification requirements provided in section 33.31. To avoid creating confusion for the
interested public, it is important to clearly distinguish between the Notice of Exchange Proposal (NOEP)
and the 30-Day notice and comment period.
33.31 - Publication of Notice of Exchange Proposal
Publication of a NOEP, also known as the 4-week notice, is required after the agreement to initiate (ATI)
is finalized (36 CFR 254.8). The NOEP shall take place as a part of the initial scoping of the proposal and
prior to the 30-day notice and comment period. Comments to the NOEP must be addressed in the
subsequent NEPA document, but do not create eligibility to appeal and the NOEP should contain specific
language stating so.
Because both the 45-day publication period for the NOEP and the 30-day notice and comment period are
mandated by law and/or regulation, it is appropriate to defer the publication of the legal notice initiating
the 30-day notice and comment period until at least 15 days after the 45-day NOEP period has begun. For
proposals documented in an environmental impact statement (EIS), the 30-day notice and comment period
will occur after distribution of the draft EIS, so the NOEP and the 30-day notice and comment period will
not overlap.
33.31a - Minimum Requirements
In addition to the nationally required minimum requirements, the NOEP must contain clarification that
comments received in response to the NOEP do not create eligibility for appeal. The NOEP will clearly
state the 30-Day Notice and Comment publication will be forthcoming and the newspaper in which it will
be published. A sample NOEP is displayed in exhibit 01.
R4 SUPPLEMENT 5409.13-2007-1
EFFECTIVE DATE: 12/10/2007
DURATION: This supplement is effective until superseded or removed.
5409.13_30
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FSH 5409.13 – LAND ACQUISITION HANDBOOK
CHAPTER 30 – LAND EXCHANGE
33.31a – Exhibit 01
NOTICE OF EXCHANGE PROPOSAL
LAND-FOR-LAND EXCHANGE
Notice is hereby given that the Forest Service (FS), United States Department of Agriculture, is
considering an exchange of land (interests in lands) with (non-Federal party) under the authority of the
Act of (insert authorities). The lands (interests in lands) under the jurisdiction of the FS that are being
considered for exchange are described as:
(legal description, NF System unit, county, and State)
The non-Federal lands (interests in lands) are described as:
(legal description, NF System unit, county, and State)
Any or all of the above-described lands (or interests in lands) may be exchanged if the values are equal. If
the values are unequal, either party may equalize the values by making a cash payment, not to exceed 25
percent of the value of the lands (interests in lands) transferred out of Federal ownership.
The Forest Service proposes to acquire land with floodplains associated with the
River,
Creek, and/or
Gulch. The Forest Service proposes to exchange lands with
floodplains associated with the
River,
Creek, and/or
Gulch.
The Federal lands have been segregated from appropriation under the public land laws and mineral laws
for a period not to exceed 5 years from the date of the publication of this notice.
(If applicable.)
Persons claiming such properties or having valid objections to this proposed exchange must file their
claims or objections with the (Forest Supervisor) (Regional Forester), Forest Service, United States
Department of Agriculture,
(address)
, within 45 days after the initial date of publication of this
notice. All comments must be made in writing and must be postmarked or delivered within 45 days after
the initial date of publication. This Notice may also serve as notification for scoping under the National
Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321-4326), and all comments received in response
to this Notice will be considered in the NEPA analysis.
Responses to this Notice do not confer eligibility to appeal. (For an EA state the following) A legal
notice establishing a 30-day notice and comment period will be forthcoming in the
________________ newspaper. (For an EIS state the following) A legal notice establishing a 45-day
notice and comment period will be published in the _________newspaper after distribution of the draft
EIS. Comments must be made in response to that notice to be eligible to appeal. (If it’s a CE, do not
include this paragraph.)
Publication dates:_____________, _____________, _____________, __________, 20____.