5409.13, 10-11
Page 1 of 9
FOREST SERVICE HANDBOOK
Portland, Oregon
TITLE 5409.13 - LAND ACQUISITION HANDBOOK
R6 Supplement No. 5409.13-92-2
Effective March 5, 1992
POSTING NOTICE. Supplements to this handbook are numbered consecutively.
Check the last transmittal sheet received for this handbook to see that the above
supplement number is in sequence. If not, obtain intervening supplement(s) at once
from the Information Center. Do not post this supplement until the missing one(s)
is received and posted. After posting, place the transmittal at the front of the title
and retain until the first transmittal of the next calendar year is received.
The last Supplement to this handbook was R6 5409.13-92-1 (5409.13,30-33).
Document Name
Sheets)
5409.13,10-11
Superseded New
(Number of
8
Digest:
11.1 - Directs Forest to physically inspect property for hazardous substance early in
negotiations.
11.51 - Directs Forest to require landowner to inspect property for hazardous
substances and document in Option.
/s/ John F. Butruille
JOHN F. BUTRUILLE
Regional Forester
R6 SUPPLEMENT 5409.13-92-2
EFFECTIVE 03/05/92
5409.13, 10-11
Page 2 of 9
FSH 5409.13 - LAND ACQUISTION HANDBOOK
R6 SUPPLEMENT 5409.13-92-2
EFFECTIVE 03/05/92
CHAPTER 10 - LAND PURCHASE
11 - GENERAL GUIDELINES.
11.1 - Preliminary Negotiations.
6. Other Considerations. Obtain information necessary to evaluate
hazardous materials risk early in negotiations.
Qualified Forest staff will make a physical inspection of the property to determine
the potential presence of hazardous substance contamination and document
findings using the "Preliminary Site Assessment" (PSA) form (exhibit 01). Qualified
staff is Engineering or other staff aware of hazardous waste regulations and
indicators.
If the Preliminary Site Assessment indicates a potential problem with hazardous
materials, it may be necessary to have the landowner supply a Phase I
Environmental Audit (also refered to as Phase I Environmental Assessment by
industry) to outline the extent of the problem. The Washington Department of
Ecology and the Oregon Department of Environmental Quality maintain lists of
contracters qualified to prepare Phase I Environmental Audits (EA's). RO
Engineering also maintains a partial listing. If the EA indicates hazardous
materials are present, the landowner will need to supply evidence that curative
measures (cleanup) have been taken prior to the Government taking possession.
Not all cleanups will involve hazardous materials. Those jobs involving hazardous
materials will need to be done by qualififed individuals.
Phase I EA's (site review) or Phase II EA's (sampling/testing) must be prepared by
qualified individuals, and the Forest Service must review and accept the work.
If early inspection indicates low or no risk of hazardous contamination and later
information indicates risk is present, the Forest should notify the landowner as
soon as possible so that the landowner can schedule any needed assessment and
possible cleanup actions.
It is the landowner's responsibility to pay for needed environmental assessments
and for all cleanup.
Property with hazardous materials, solid wastes, garbage, or other cleanup
liabilities should be cleaned up prior to the Government taking possession. If a site
cannot be cleaned up, that portion may be deleted from the acquisition and the
remainder purchased as long as a noneconomic remnant is not created in the
process. Do not acquire sites with known or suspected hazardous waste liabilities.
R6 SUPPLEMENT 5409.13-92-2
EFFECTIVE 03/05/92
5409.13, 10-11
Page 3 of 9
11.1 - Exhibit 01
PRELIMINARY SITE ASSESSMENT
FIELD AND RECORDS EXAMINATION
COMPLETED BY: ___________________________________
TITLE:
__________________________________
DATE:
__________________________________
RECOMMENDATIONS:
ACCEPT PROPERTY AS IS
ACCEPT PROPERTY WITH CLEANUP OF SOLID WASTE
ACCEPT PROPERTY WITH CLEANUP HAZARDOUS
MATERIAL
OBTAIN PHASE I/PHASE II ENVIRONMENTAL AUDIT
R6 SUPPLEMENT 5409.13-92-2
EFFECTIVE 03/05/92
5409.13, 10-11
Page 4 of 9
11.1 - Exhibit 01--Continued
PRELIMINARY SITE ASSESSMENT
(HAZARDOUS MATERIALS FIELD EXAMINATION)
Tract Location/Identification:
Structures (buildings, fences,
flumes, etc.). Describe.
Topography and Aspect:
Powelines, Telephone/Telegraph
Lines, Pipelines. Describe.
Access: (roads, trails, other):
Mining Activity. (Explain)
ANY EVIDENCE OF:
Drums, cylinders, canisters,
sacks of unknown content, or
which have hazardous material
placards or symbols. Describe:
Logging: (Explain)
_
Grazing: (Explain) ___________
Unusual lack of vegetation, dead, discolored,
or stressed vegetation. Describe.
R6 SUPPLEMENT 5409.13-92-2
EFFECTIVE 03/05/92
5409.13, 10-11
Page 5 of 9
11.1 - Exhibit 01--Continued
Commercial Activity/Occupancy:
(Explain)
Unusual seepage. Describe.
Picture Nos. _________________
Photographs Take of Problem
Areas:
Solid Waste: (Explain)
(Attach to report)
Attach Sketch Showing Problem
Areas.
Unidentified piles of solids
or any pools of liquids.
Describe.
Sick or dead wildlife or
domestic animals. (Explain)
Unusual or noxious odors.
Other: (Explain)
Discolored or disturbed soil
areas. Describe.
R6 SUPPLEMENT 5409.13-92-2
EFFECTIVE 03/05/92
5409.13, 10-11
Page 6 of 9
R6 SUPPLEMENT 5409.13-92-2
EFFECTIVE 03/05/92
5409.13, 10-11
Page 7 of 9
11.1 - Exhibit 01--Continued
(HAZARDOUS MATERIALS RECORD EXAMINATION)
Tract location/identification:
Sketch:
CONTACTED:
County Health Dept.,
__________________ County(ies).
Summarize information:
Washington State Dept., of Ecology,
Summarize information:
Local Fire District: __________
Summarize information:
OR
Oregon Dept. of Environmental Quality,
________________ Region.
Summarize information:
Other. Describe.
R6 SUPPLEMENT 5409.13-92-2
EFFECTIVE 03/05/92
5409.13, 10-11
Page 8 of 9
11.5 - Land Purchase Options.
11.51 - Option Preparation.
Under item 5, reference Hazardous Waste Statement and attach as "Exhibit 1" to
the Option. The standard Region 6 Hazardous Waste Statement (exhibit 01) is to
be signed by the landowner at the time the Option is signed. The related
Hazardous Waste Certification (exhibit 02) may be signed at the same time if the
landowner has already inspected the property.
There are three alternatives for documentation provided by the landowner (as
referenced in the Hazardous Waste Statement, exhibit 01): (1) For a simple low
risk purchase where there is no indication of contamination, landowner signing the
Hazardous Waste Certification is adequate documentation; (2) For straightforward
cleanups, such as garbage removal or log landing site cleanups, a brief letter
confirming site cleanup is needed in addition to the Hazardous Waste Certification,
and; (3) On complex or suspicious properties where testing or more significant
surveys or cleanup are needed, documentation will be a Phase I Environmental
Audit (Phase I EA) performed by a qualified contractor and the Hazardous Waste
Statement.
In all cases both the Hazardous Waste Statement (exhibit 01) and the Hazardous
Waste Certification (exhibit 02) must be signed prior to the Government taking
possession.
Landowner property inspection is separate from Forest Service property inspection.
On small low-risk properties the landowner and Forest official may choose to do
joint inspections.
R6 SUPPLEMENT 5409.13-92-2
EFFECTIVE 03/05/92
5409.13, 10-11
Page 9 of 9
11.51 - Exhibit 01
Forest
Tract no.
HAZARDOUS WASTE STATEMENT
The Vendor,
, agrees to inspect their lands for the
presence of hazardous materials or waste in accordance with P.L. 96-510, provide
documentation of the results of the inspection, and certify that to the best of their
knowledge there are no deposits or releases of hazardous substances on the lands
which are being conveyed.
In the event hazardous substances are discovered prior to the transfer of
title, the USDA Forest Service may reject the land or refuse to complete the
acquisition without liability.
(Date)
(Signature)
11.51 - Exhibit 02
HAZARDOUS WASTE CERTIFICATION
I hereby certify that to the best of my knowledge, there are no deposits of
hazardous substances on the lands which are being conveyed to the USDA Forest
Service identified as
.
(Date)
(Signature)