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CHAPTER 20 - DEPARTMENT OF TRANSPORTATION EASEMENTS
21-23 - Letter of Consent. There is a unique relationship between the State and counties of
North Dakota in the operation of some Federal Highway Administration road projects. While
this situation will be addressed in a revised memorandum of understanding now being developed
Transportation easements in North Dakota will continue to be directed to the North Dakota State
Highway Department.
Prior to issuance of the letter of consent, the Forest Supervisor will check for conflicting interests
or encumbrances that may affect the requested right-of-way (e.g., existing special-use permits,
easements or other authorizations). The Forest Supervisor's determination will be included in
the EA/EIS.
1. If the authorized uses and/or improvements do not conflict with highway right-of-way
management and the State concurs, the Department of Transportation easement can be granted
"subject" to continuation of the privilege.
2. If conflicting interests or encumbrances exist, the Forest Supervisor will nullify the
conflict by negotiation, termination or acquisition. Improvements that conflict with highway
right-of-way purposes and management will be removed (sec. 21.3).
21.3 - Procedure for Issuance
Sequence for Processing Department of Transportation Easements
1. The State makes application to the Federal Highway Administration (FHWA) State
division office.
2. The FHWA forwards the application to the Regional Forester.
3. The Regional Forester sends the application to the Forest Supervisor for review and
action.
4. The Forest Supervisor:
a. Advises the Regional Forester that the plat and description are correct and the USDT
easement should be issued. Any errors will be noted in the advice to the Regional Forester.
b. Prepares analyses of impacts on land resources, stipulations, section 4.f. statement
(when applicable, FSM 2731.04c and 7714.41), and plans for the proposed project. Examples
of plans that might be needed are fire plan, clearing plan, landscape and erosion control plan, and
archeological plan (stipulations and plans are usually not required if no construction or
reconstruction is planned). The analyses, section 4.f. statement, and proposed stipulations and
plans will be included in the applicant's EA/EIS as exhibits.
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If the State's application is for an easement regarding an existing road with no reconstruction or
construction planned, a section 4.f. statement is not required.
FSH 2709.12 - ROAD RIGHTS-OF-WAY GRANTS HANDBOOK
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The FHWA and the applicant have the responsibility to manage the preparation of the
appropriate environmental document. However, the Forest Service will participate as a
cooperative agency and the document must be coordinated with the Forest Supervisor. A
section 4.f. statements, if necessary, will be included in the final EA/EIS. The Regional
Forester approves the final EA/EIS and appropriate decision document.
National Forest System lands needed for State highway purposes may be encumbered by
special-use permits, easements, or other authorizations. Forest Service considerations of the
right-of-way requested will include a determination of any encumbrances affecting these lands in
the EA/EIS (Conflicting Uses, Section 21.3--4).
An EA/EIS is not needed unless National Forest management may be adversely affected by such
transfer.
c. Submits analyses, stipulations and plans to Regional Forester for approval.
The Regional Forester approval must be sufficiently in advance of project design to allow
adequate time for management considerations to be incorporated through the State's final
environmental document into project plans.
d. Sends the analyses, stipulations and plans to the State Engineer for review and signature
after all have been approved by the Regional Forester.
5. The State Highway Engineer indicates approval by signing the stipulations and plans
and returning them to the Forest Supervisor.
6. The Forest Supervisor submits the following documents as a package to the Regional
Forester:
a. Stipulations, executed by the State and Forest Supervisor.
b. Plans, executed by the State and Forest Supervisor.
c. Approved Environmental Analysis/Environmental Impact statements.
d. Plats, approved by Forest Engineer.
7. The Regional Forester reviews the complete package, signs a letter of consent and
distributes copies ot the FHWA; Forest Supervisor; Recreation, Wilderness and Lands; and
Engineering (as shown in Exhibit 1).
8. The FHWA, after receipt of the letter of consent, executes the easement to the State and
sends copies to the Regional Forester.*
9. The Regional Forester sends one copy of the easement deed to the Bureau of Land
Management for notation and two copies to the Forest Supervisor.
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10. The Forest Supervisor files one copy of the deed in the right-of-way conveyance file
(FSM 5492.14). The second copy may be sent to the Ranger District or placed in the case file.
*NOTE: The grantee records the deed and furnishes the Regional Forester either the recording
information or a copy of the deed showing recording information.
11. The Regional Forester posts the easement in the Forest right-of-way status record.
The right-of-way appropriated under the Federal Highway Act is subjected to management by
the State (or country). Coordination with the State highway department (or country) will assure
that both National Forest and highway management objectives are met. Forest Supervisors
should consult with District highway engineers periodically.
Plat Standards. (Department of Transportation Easements.) Road right-of-way plats for
Department of Transportation easements granted by the Federal Highway Administration to
States across National Forest System lands shall contain the following information:
1. Scale (bar scale is preferred because scale of original will not change with plat
reduction).
2. North arrow, meridian, township, range, and section(s).
3. Basis of bearings (solar, reference line, geodetic, magnetic needle, etc.).
+4. Centerline geometry (curve elements and bearing and length of tangent) with specified
width from centerline to easement boundary at each change of width and stationing of change
point or, as an alternative, the bearings and distances along each easement boundary.
+5. Surveyed, calculated, or scaled ties to centerline where the easement crosses each
National Forest property boundary. In solid National Forest ownership, ties to the public land
net should normally be not less than one corner for every three sections crossed.
6. Legal description of each parcel of National Forest System land crossed (40-acre aliquot
part of lot as minimum.
7. Acreage of easement on National Forest System land.
8. Easement area identified by shading, crosshatching, or other appropriate means.
+Denotes items which may not be available in older surveys for existing highways. In these
cases, the easement application should discuss the difficulties in obtaining the data, explain any
alternative methods used, and request an exception to those requirements which cannot
reasonably be met.
FSH 2709.12 - ROAD RIGHTS-OF-WAY GRANTS HANDBOOK
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FSH 2709.12 - ROAD RIGHTS-OF-WAY GRANTS HANDBOOK
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9. Statements on each National Forest property line showing how it was placed on the plat
(by survey, projection of GLO record, other surveys of record, fence lines, etc.).
10. Legend explaining any symbols used.
11. Approval for right-of-way purposes by responsible officer(s) with title(s) and date(s) of
signature.
12. Master sheet showing relation of each sheet to others (when applicable).
13. Sheet number of each sheet and total number of sheets; e.g., 1 of 3, etc.
14. Title block showing project name and number.
15. Vicinity map showing project location in relation to nearby cities, towns, or prominent
natural features (when applicable).
Conflicting Uses. Authorization for uses and occupancies not compatible with a requested
highway easement shall be terminated (FSM 2716.2).
Termination precedures will vary depending on the type of authorization. As an example, an
annual special-use permit is revokable at the discretion of the authorized officer without
reimbursement to the holder who will be required to remove his improvements within a
reasonable time period. However, a term special-use permit terminated unilaterally by the
Forest Service is compensable. Compensation to the holder is the responsibility of the FHWA
and/or the right-of-way applicant.
When a Term Special-Use Permit conflicts with a proposed State highway project, the Regional
Forester will notify the State through the FHWA. Such notification will describe the lands
affected, nature of the conflict and conditions of the permit. As a stipulation to consent to the
easement grant, the State will be required to assume all permit obligations on behalf of the
United States. Termination of the term permit can then be accomplished by mutual agreement
between the Forest Service and the holder.
A special-use permit issued to the State for the highway will be terminated concurrent to
issuance of a Department of Transportation easement. A new permit would then be issued for
any portions of the highway not included in an easement.
Exhibit 1 may be viewed in the Directives.