5409.13_50
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FOREST SERVICE HANDBOOK
INTERMOUNTAIN REGION (REGION 4)
OGDEN, UT
FSH 5409.13 – LAND ACQUISITION HANDBOOK
CHAPTER 50 – TITLE EVIDENCE
Supplement No.: 5409.13-2006-1
Effective Date: January 25, 2006
Duration: This supplement is effective until superseded or removed.
Approved: JACK G. TROYER
Regional Forester
Date Approved: 01/11/2006
Posting Instructions: Supplements are numbered consecutively by Handbook number and
calendar year. Post by document; remove the 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 5409.13_Transmittal to FSH 5409.13.
New Document
5409.13_50
Superseded Document(s) by
Issuance Number and
Effective Date
None
6 Pages
Digest:
50.4 – Adds responsibility for the Director of Lands to designate Certified Title Examiners
(CTE) upon the successful completion of the requisite formal and/or on-the-job training.
51 – Sets out training and certification requirements for Certified Title Examiners (CTE) within
Region 4.
R4 SUPPLEMENT 5409.13-2006-1
EFFECTIVE DATE: 01/25/2006
DURATION: This supplement is effective until superseded or removed.
5409.13_50
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FSH 5409.13 – LAND ACQUISITION HANDBOOK
CHAPTER 50 – TITLE EVIDENCE
50.3 - Policy
All title dockets submitted to the Office of the General Counsel (OGC) must be by or through a
Certified Title Examiner (CTE).
50.4 - Responsibility
1. The Director of Lands has the authority and responsibility to certify CTE’s in writing
upon the successful completion of the requisite formal and/or on-the-job training described
below.
2. The Regional Title Examiner is responsible for ensuring appropriate mentoring and
training, as well as providing oversight of title examiners working toward their designation.
50.5 - Definitions
Certified Title Examiner. A title examiner who is authorized by the Director of Lands to
submit title dockets directly to the Office of the General Counsel. Authorization is limited to the
certified individual so designated.
Title Examiner. A person who reviews and determines the legal merits of case title
reports and supporting documents. Cases include US Department of Agriculture and US
Department of Transportation easement grants, cost-share and other rights-of-way acquisitions,
terminations, purchases, land exchanges, donations, sales and interchanges, conservation
easements, and condemnations.
51 - GENERAL
1. CTE Qualifications. The minimum qualifications for designation as a CTE are:
a. Complete 200 hours of formal and on-the-job training selected from the list in
exhibit 01. A minimum of 120 hours of training must be from the Core Training List,
while the remaining 80 hours may be from any of the courses listed. The “Other” and
“In-Service” lists may be supplemented by other courses approved in advance by the
Director of Lands.
b. Three years of work preparing title packets and legal documents for both rights-ofway and landownership adjustment cases may be substituted for 120 hours of
classroom training (40 hours per year).
c. Three years experience in Lands, two of which include title examination work.
R4 SUPPLEMENT 5409.13-2006-1
EFFECTIVE DATE: 01/25/2006
DURATION: This supplement is effective until superseded or removed.
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FSH 5409.13 – LAND ACQUISITION HANDBOOK
CHAPTER 50 – TITLE EVIDENCE
d. One week on-the-job training on rights-of-way cases and one week on-the-job
training on landownership adjustment cases (10 days total). Work must be done
under the guidance of a CTE and shall involve preparing cases for transmittal to OGC
and the Washington Office, including preliminary and final title opinions.
e. Acceptable submission to the Regional Title Examiner of three different kinds of
cases in each of the following areas (six cases in all):
(1) Rights-of-way acquisition cases: rights-of-way purchase, cost-share, non-cost
share, FRTA, easement exchange outside cost share agreement area, trail, or
termination.
(2) Landownership adjustment cases: purchase, sale or interchange, conservation
easement, donation, Weeks Law Act land exchange, or General Exchange Act land
exchange.
These cases must be submitted within the 3-year period prior to a request for
certification. If current cases are unavailable on a title examiner's Forest and/or Zone,
title dockets from other Forests and/or Zones may be requested through the Regional
Title Examiner.
Certification may be granted separately for rights-of-way and landownership adjustment when
individual requirements are met.
CTE’s shall review and transmit to OGC a minimum of three cases per year in both rights-ofway and landownership adjustment to maintain their certification.
2. Title Examiner and Certified Title Examiner Duties. The primary duty of the title
examiner is to review all elements of the title package, and ensure that the package is correct in
all respects and meets the standard required by the Department of Justice and the Forest Service.
In addition, the title examiner shall provide guidance to agency personnel involved in rights-ofway and land adjustment cases regarding legal and administrative requirements for case title.
The title examiner is specifically responsible for preparing title approval documents for OGC
signature by performing the following tasks: reviewing, evaluating and preparing legal
documents in compliance with standards for assembly and transmittal of title packages; citing
proper legal authorities and documenting that requirements have been met; ensuring other
Federal laws and policies do not conflict, and that State and county laws and procedures have
been followed; recognizing title problems and recommending curative action; assuring
correctness and completeness of title policies and/or the title search process; and confirming that
all required certificates are correct.
3. Monitor and Review Procedures. The Director of Lands may establish, monitor, and
review procedures to ensure that the Certified Title Examiners are following correct policies and
R4 SUPPLEMENT 5409.13-2006-1
EFFECTIVE DATE: 01/25/2006
DURATION: This supplement is effective until superseded or removed.
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FSH 5409.13 – LAND ACQUISITION HANDBOOK
CHAPTER 50 – TITLE EVIDENCE
procedures. The Regional Title Examiner shall assess the policies and procedures outlined
herein on a yearly basis with each CTE, and develop an individual course outline to ensure that
their experience, training, and applicable submissions to OGC will keep their CTE status current.
Moreover, the Regional Title Examiner shall report annually to the Director of Lands the status
of each CTE; maintain up-to-date records on each CTE; and recommend, in writing, those
needing to be revoked, if necessary.
4. Revocation of Designation. The Director of Lands may revoke or revise the CTE
designation when either one of the following occurs:
a. CTE fails to perform at an acceptable level and/or does not maintain the minimum
requisite case load as determined by the monitoring and review process described
above.
b. Individual no longer functions as a CTE within Region 4.
R4 SUPPLEMENT 5409.13-2006-1
EFFECTIVE DATE: 01/25/2006
DURATION: This supplement is effective until superseded or removed.
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FSH 5409.13 – LAND ACQUISITION HANDBOOK
CHAPTER 50 – TITLE EVIDENCE
50.4 - Exhibit 01
CERTIFIED TITLE EXAMINER EDUCATION REQUIREMENTS
Classroom Training (200 hour minimum)
COURSE
DESCRIPTION
HOURS
Core Training
FS/BLM 2100-03
IRWA 100
IRWA 211
IRWA 500*
IRWA 800
IRWA 803
IRWA 902
BLM 2000
BLM 2000-10
WFPS
Day Trip
Day Trip
Day Trip
Day Trip
LCC – E
Detail
Complex Land Tenure Adjustment
40
Principles of Land Acquisition
32
Effective Written Communications
8
Relocation Assistance Act
24
Principles of Real Estate Law
16
Eminent Domain Law Basics for the Right of Way Professional
16
Property Descriptions
8
Adjudication Decision Making
40
Master Adjudication Seminar
40
Real Property Boundary Law Seminar
8
Water Rights Deed Transfer
8
County Land Title Records
8
Title Company Procedures
8
BLM Master Title Plats, Historical Indices, FS Land Records
8
Landownership Status, Title Claims, and Withdrawals
Variable
WO Title Approval Section
Negotiable
Other Training
IRWA 103
IRWA 104
IRWA 200
IRWA 201
IRWA 202
IRWA 204
IRWA 205
IRWA 206
IRWA 209
IRWA 400
IRWA 603
IRWA 801
SREA 101**
BLM 3000-2
ASFMRA A-10
ASFMRA A-20
Ethics and the Right of Way Profession
Standards of Practice for the Right of Way Professional
Principles of Real Estate Negotiation
Communication in Real Estate Acquisition
Interpersonal Relations in Real Estate
Group Communications
Bargaining Negotiations
Presentation Skills
Negotiating Effectively with a Diverse Clientele
Principles of Real Estate Appraisal
Understanding Environmental Contamination in Real Estate
Land Titles
Real Estate Appraisal Principles, concepts, and Theory
Basic Lands and Minerals Adjudication
Fundamentals of Rural Appraisal
Principles of Rural Appraisal
8
8
16
24
24
8
16
8
8
16
8
16
40
80
42
40
R4 SUPPLEMENT 5409.13-2006-1
EFFECTIVE DATE: 01/25/2006
DURATION: This supplement is effective until superseded or removed.
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FSH 5409.13 – LAND ACQUISITION HANDBOOK
CHAPTER 50 – TITLE EVIDENCE
50.4 – Exhibit 01—Continued
COURSE
DESCRIPTION
HOURS
Appraisal Waiver Training
Advanced Basic Negotiations
Foundations
Land Use Authorization
Valuation and Landownership Adjustment
NEPA 1900-1
FS Surveyors, Locating Corners and Descriptions
Effective Briefing Techniques
24
Variable
Variable
Variable
Variable
24
16
Variable
In-Service Training
FS
USGS
LCC - A
LCC - B
LCC – C
FS
Field Trip
FS
It is recognized that the above classes may from time to time change course numbers, title descriptions,
and/or be cancelled or changed all together. The Regional Title Examiner may allow substitution classes
under the direction of the Director of Lands where necessary in lieu of the classes stated herein.
It is strongly suggested, although not required, that a CTE become a notary in the State where they reside.
*Course also available thru FAA or FHWA
**Course also available through AIREA 1A-1