Wallowa-Whitman Supplement 5409.17-91-1
Effective 05/15/91
11-11.44
Page 1 of 8
FOREST SERVICE HANDBOOK
BAKER CITY, OREGON
FSH 5409.17 – RIGHT-OF-WAY ACQUISTION HANDBOOK
Wallowa-Whitman Supplement No. 5409.17-91-1
POSTING NOTICE. SUPPLEMENTS to this handbook are numbered consecutively.
Check the last transmittal received for this title to see that the above supplement number
is in sequence. If not, obtain intervening supplement(s) at once on Form 1100-6. Do not
post this supplement until the missing one(s) is received and posted. After posting retain
this transmittal until the next supplement to this title is received. Place it at the front of
the title.
Document Name
No. of Sheets
Superseded
11-11.44
New
0
8
Digest:
Entire text is replaced except for the ID’s.
Subsequent supplements will be issued by document.
/s/Charles L Ernst for
R.M. RICHMOND
Forest Supervisor
Wallowa-Whitman Supplement 5409.17-91-1
Effective 05/15/91
11-11.44
Page 2 of 8
RIGHT-OF-WAY ACQUISTION HANDBOOK
CHAPTER 10 – ACQUISITION PROCEDURES AND DOCUMENTS
Right-of-way acquisition for the Malheur, Umatilla, and Wallowa-Whitman National
Forests will be done by the Northeast Oregon Lands Zone headquartered in Baker City in
consultation with each Forest and District.
When the need for a right-of-way acquisition is identified, the Critical Path schedule on
page 8 (Exhibit 1) will be completed jointly by the District, Engineering, and Zone staff
responsible for the case. This critical path will set target dates for the crucial steps in the
process and will be signed by the appropriate staff as itemized on the form. Cases can be
completed in a timely and cost effective manner if communication is maintained between
all involved personnel, and each step of the process is accomplished by the target dates.
The outline which follows lists the steps and the responsible party in the right-of-way
acquisition process. It provides additional details about the steps identified on the
Critical Path.
For additional information on the Northeast Oregon Lands zone and Forest
responsibilities pertinent to right-of-way acquisition cases, refer to Wallowa-Whitman
Forest Supplement 5400-91-2 in FSM 5400.
Wallowa-Whitman Supplement 5409.17-91-1
Effective 05/15/91
11-11.44
Page 3 of 8
RIGHT-OF-WAY ACQUISTION HANDBOOK
NORTHEAST OREGON LANDS ZONE
ACQUISITION PROCEDURES AND DOCUMENTS
FSH 5409.17 – Chapter 10
DR – District Ranger
FS – Forest Supervisor/
Appropriate Staff
ENG – Zone Engineering
ZONE – Northeast Oregon
Lands Zone
RESPONSIBILITY
DR FS ENG ZONE
PROGRAM PLANNING/BUDGET DEVELOPMENT/TRAINING
X
Determine need for right-of-way acquisition.
X
X
Develop right-of-way work plan and monitor long term
right-of-way acquisition needs.
X
X
Annual consultation to review and update the right-of-way
workplan.
X
Prepare and submit annual right-of-way reports.
X
X
Request right-of-way acquisition monies annually.
X
X
Assess and provide for appropriate training of District and
Forest personnel in right-of-way acquisition processes.
X Responsible Party
* Provides consultation and technical assistance
Wallowa-Whitman Supplement 5409.17-91-1
Effective 05/15/91
11-11.44
Page 4 of 8
RESPONSIBILITY
DR FS ENG ZONE
X
TRANSPORTATION PLANNING (Steps 1-5 of Exhibit 1)
Identify potential need for ROW Acquisition as part of
preliminary project transportation planning.
X
X
*
X
X
Make initial contact with landowner, discussing our potential need
to obtain right-of-way across their property. Document meeting
with landowner, noting their initial reactions, concerns, willingness
to cooperate or not cooperate, etc. You may wish to involve the
landowner in the planning process.
X
X
Insure that written permission is obtained from landowner before
we enter their land for any purpose. Permission is obtained at this
time also for “possible” survey and appraisal purposes.
*
X
X
Thoroughly analyze all alternative routes in terms of economics,
long and short term access needs, resource values, other impacts.
ID Team makes final route selection. Decision should be
documented and signed by District Ranger, and should state why
route requiring ROW was selected over other alternatives
considered. Document landowner resistance, if any, to our
proposed action.
Notify Zone of decision to pursue acquisition of ROW, supplying
copy of decision document for review. Furnish map with adequate
detail to show subdivisions crossed, if known. This should be
accomplished three years prior to target date for acquisition.
X
X
Agree on target dates for accomplishment. Document agreement
on Exhibit 1 (Critical Path).
SURVEY/DESIGN/APPRAISE (Steps 6-10 Exhibit 1)
X
X
X
Determine minimum standard of survey (per Exhibit 2, FSM
7150, R-6 Supp. 7100-90-3) needed for acquisition.
X
Order preliminary title insurance. Examine title to determine if
problems exist that may delay acquisition. Adjust Critical Path
schedule accordingly.
X Responsible Party
* Provides consultation and technical assistance
Wallowa-Whitman Supplement 5409.17-91-1
Effective 05/15/91
11-11.44
Page 5 of 8
RESPONSIBILITY
DR FS ENG ZONE
X
X
Schedule and complete survey of existing or planned road.
Keep landowner informed of our actions.
X
Determine standard of road needed for anticipated use.
X
Design road. Incorporate needs of landowner in design. Discuss
Plans with landowner and adjust as necessary. Any special
features incorporated into the design, based on landowners
request, should be coordinated with Zone before commitments
are made.
X
Draw plat to appropriate standard. Forest (Zone) Cadastral
Surveyor reviews and recommends to Forest Engineer for approval
X
Submit plat to Zone, along with completed Right-of-Way checklist
(FSM 7150, R-6 Supp. 7100-90-3 Exhibit 7).
X
Schedule and complete appraisal.
X
Review and approve appraisal, as necessary.
X
Submit appraisal to Forest Supervisor, with copy to District
Ranger, showing estimated just compensation.
X
DEED PREPARATION AND NEGOTIATIONS (Steps 11-14)
Prepare deed using proper format (Per R-6 Supplements to Chapter
10, FSH 5409.17)
X
Proof deed for errors in description, proper format, proper
acknowledgements, etc. Certify deed.
X
*
Negotiate easement purchase with landowner (review negotiation
policy in FSM 5461.03 and 5461.5).
X
*
Secure notarized signature on deed, provide photocopy to
landowner.
X
Record deed in County Records.
X
Obligate payment of consideration through B&F. Request
allocation of funds to cover payment from RO.
X Responsible Party
* Provides consultation and technical assistance
Wallowa-Whitman Supplement 5409.17-91-1
Effective 05/15/91
11-11.44
Page 6 of 8
RESPONSIBILITY
DR FS ENG ZONE
TITLE CLEARANCE (Steps 15-25)
*
X
X
X
Clear or cure remaining title exceptions and record documents
as needed.
X
Order final title policy of title insurance in the amount of
consideration paid for the easement, or obtain the maximum
amount obtainable for the minimum premium, whichever
is greater.
X
Prepare Supplemental Title evidence, forms FS-5400-27 and
FS-5400-28 (per 5409.17, Ch. 21.2.-21.35).
X
Transit Title Packet (FSH 5409.17, Ch. 22.31) to RO for
approval.
X
OGC Title Approval received (or identify and complete
additional curative actions as required by OGC).
X
Authorize payment to landowner through B&F with
certified true copy of approval letter.
*
Inform landowner that payment has been authorized and is
forthcoming.
X
Prepare permanent Forest file. Include 1) Copy of each
Document submitted, 2) Second copy of Regional Attorney’s
approval letter, 3) RO letter of approval and transmittal.
X
Send copy of approved title packet to Forest with copy for
the District Ranger.
*
Record easement in ROW atlas and set up permanent deed file
(5590).
X Responsible Party
* Provides consultation and technical assistance
Wallowa-Whitman Supplement 5409.17-91-1
Effective 05/15/91
11-11.44
Page 7 of 8
RESPONSIBILITY
DR FS ENG ZONE
OLD DEEDS THAT HAVEN’T RECEIVED TITLE APPROVAL
X
X
Request Zone Assistance.
X
Process deed. Check deed for accuracy and recording. Certify
the deed.
X
Clear title exceptions. Obtain necessary signatures and
notarization on documents; record when appropriate.
X
If okay, proceed with obtaining Final Title Approval from
OGC, and steps 15 through 21 of Critical Path.
*
If not able to cure title, start over again and acquire new
easement through normal acquisition process.
X Responsible Party
* Provides consultation and technical assistance
Wallowa-Whitman Supplement 5409.17-91-1
Effective 05/15/91
11-11.44
Page 8 of 8
EXHIBIT 1
FISCAL YEAR ACTION PLAN AND PROGRESS RECORD (REGUALR RIGHT-OF-WAY CASES)
TIMBER SALE OR PROJECT NAME ______________________________
______________N.F. _________________________________Dist.
T.S Appraisal or Contract Award Date___________
__________5460 Acquisition
________________2730 Grant
Case Assigned to _________________________
1. Road
Number/Name
Responsibility
For
Accomplishment
D
SO
Lands
R
ENG
Zone
Or
ENG
ZONE
2. Grantor
(Acquisitons)
Grantee (Grants)
3. Legal description
and general area name
Target Dates
Plnd Accp Plnd
4. Permission to
survey and appraise
obtained
5. Route selected;
approved Trans. Plan,
NEPA Doc. &
Economic Aanlysis
Done Notify
Landowner of Dec.
6. ROW Planning &
Survey Prework
Checklist Comp.
7. Preliminary tile
insurance ordered
8. Survey and design
completed
9. Acceptable &
approved R/W plat to
Lands Zone
10. Apprasial
complete and
approved if needed
11. Deed prepared
12. Deed proofed and
specifics checked
13. Landowner
negotiation; deed
signed and notarized
14. Deed recorded
15. Title defects
cured
16. Final title ins.
ordered
17. Cert. Inspec. &
Possess.
18. Cert. of Use
Consent
19. Deed certified
20. Final title packet
to RO
21. OGC approval
received
22. Check ordered
23. Check to owner
24. Case closed –
5590 status material
to Forest
25.. Accomplishment
FY
FY
reported
Timeline and responsibilities agreed upon by:
____________________Date______________
District Ranger
Remarks:
Accp
Plnd
Accp
Plnd
Accp
Plnd
Accp
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
FY
FY
FY
X
____________________Date___________ ______________ Date__________
SO Engineering or Engineering Zone
Lands Zone