5409.13, 10
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FOREST SERVICE HANDBOOK
MILWAUKEE, WI
FSH 5409.13 – LAND ACQUISITION HANDBOOK
CHAPTER 10 – LAND PURCHASES
Supplement No.: 5409.13-2001-1
Effective Date: February 26, 2001
Duration: Effective until superseded or removed
Approved: M. RUTH VOLTZ
Deputy Regional Forester
Date Approved: 02/26/2001
Posting Instructions: Supplements are numbered consecutively by Handbook number and
calendar year. Post by document name. Remove entire document and replace with this
supplement. Retain this transmittal as the first page of this document.
New Document(s):
5409.13-2001-1
2 Pages
Superseded Document(s):
5409.13-95-3
2 Pages
(Last supplement was 5409.13-95-3
to Chapter 10.)
Digest: Insert digest information here
10
Reissues entire supplement using the MSWord template without any
change in direction.
R9 RO SUPPLEMENT
EFFECTIVE DATE: 02/26/2001
DURATION: Effective until superseded or removed
5409.13, 10
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FSH 5409.13 – LAND ACQUISITION HANDBOOK
CHAPTER 10 – LAND PURCHASES
11.51 - Option Preparation
The following environmental quality clause shall be attached to all land purchase options and
exchange agreements. The phrases in asterisks are to be used for purchases. For exchange
agreements, substitute the language denoted in brackets.
ATTACHMENT "A"
"Environmental Quality Provision"
In the event it is discovered, before the United States has recorded the deed which conveys the
*subject property* [property to be conveyed to the United States] is contaminated, including but
not limited to contamination resulting from hazardous wastes or substances, or that the *subject
property* [property] is in a condition which would constitute a violation of any applicable
federal, state or local laws or regulations relating to the protection of health, safety, or the
environment, the United States may, at its sole election and without incurring any liabilities or
obligations arising there from, either:
1) Declare this *Land Purchase Option and Contract* [exchange agreement] to be null
and void; or
2) Adjust the acreage and the description of the *subject property* [property to be
conveyed to the United States] thereby excluding from the conveyance those portions of the
parcel which are affected by the newly discovered contamination or condition. Correspondingly,
the consideration to be given by the United States as set forth under this *Land Purchase Option
and Contract* [exchange agreement] shall be adjusted accordingly to reflect the adjustment
concerning the *subject property* [property to be conveyed to the United States].
All representations, warranties, obligations and rights set forth herein shall survive the closing
and not merge with the deed such that they are binding and enforceable even after the deed has
been conveyed to the United States, but only until the United States has recorded the deed which
conveys the *subject property* [property] to the United States.
11.56 Modification or Cancellation of Options
Options amended to require use of less than full Warranty Deeds require the advance approval
of the Department of Justice - Land and Natural Resources Division. All requests, with
accompanying justification, must initially be submitted through the Office of General Counsel
for review and concurrence.
11.57 Option Contract Adjustments.
Appraisal supplements required for option contract adjustments shall use the same valuation date
as the appraisal for the current option.