5409.13_10
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FOREST SERVICE HANDBOOK
ALASKA REGION (REGION 10)
JUNEAU, ALASKA
FSH 5409.13 – LAND ACQUISITION HANDBOOK
CHAPTER 10 – LAND PURCHASE
Supplement No.: R-10 5409.13-2004-2
Effective Date: September 3, 2004
Duration: This supplement is effective until superseded or removed.
Approved:
Date Approved:
DENNIS E. BSCHOR
Regional Forester
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 5409.13-2004-1 to chapter 30.
New Document
5409.13_10
7 Pages
Superseded Document(s) by
Issuance Number and
Effective Date
5409.13_10-11 (5409.13-92-2, 7/1/92)
8 Pages
Digest:
This supplement converts the format and style of the text to conform to the new directives
template using the agency’s current corporate word processing software.
11.1: Removes 11.1 – Exhibit 01, Preliminary Site Assessment.
11.1 (3): Clarifies text to conform to CERCLA inspection direction of 2003.
11.56: Adds direction on Modification or Cancellation of purchase options, regarding
acceptance of less than full “Warranty Deed” title needing prior approval by the Department of
Justice.
R-10 SUPPLEMENT 5409.14-2004-2
EFFECTIVE DATE: 09/03/2004
DURATION: This supplement is effective until superseded or removed.
5409.13_10
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FSH 5409.13 – LAND ACQUISITION HANDBOOK
CHAPTER 10 – LAND PURCHASE
11.57: Adds additional information concerning appraisal supplements.
11.91: Adds further instructions to complete Form FS-5400-38, Supplemental Certificate of
Possession, as a step in closing land purchases cases.
R-10 SUPPLEMENT 5409.14-2004-2
EFFECTIVE DATE: 09/03/2004
DURATION: This supplement is effective until superseded or removed.
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FSH 5409.13 – LAND ACQUISITION HANDBOOK
CHAPTER 10 – LAND PURCHASE
11 - GENERAL GUIDELINES
11.1 - Preliminary Negotiations
3. Character of Property. Obtain information about the general character of the property.
Identify the potential liability to the Forest Service for hazardous waste disposal under the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, “CERCLA”
Title 42 United States Code, Section 9601 (42 U.S.C. 9601) particularly associated with old
mines and mine tailing sites.
a. Non-Federal lands shall be inspected for hazardous substances, materials, and
petroleum products. The inspection, referred to as transaction screening, shall be
documented on worksheets 1 through 5 in the Forest Service Guide to Land
Transactions (EM-2160-2). Completion of the five worksheets documents the review
of historic and current aerial photos, maps, records, interviews, and site inspections.
The Land Purchase Option and Contract (FS-5400-36) shall include a statement that
if evidence of hazardous substances or petroleum prodects are found, either party may
reject, without liability or penalty, the tract affected or refuse to complete the
acquisition. In addition, the presence of hazardous substances or petroleum products
shall be disclosed in the National Environmental Policy Act (NEPA) of 1969 (43
U.S.C. 4321-4346) analysis, if it is needed for the acquisition. The Purchase Option
and Contract shall detail requirements and responsibilities for any remediation
identified as a condition of the acceptance or conveyance of title. A chain of title
search is required for transactions involving termination of government operations. A
chain of title search is not required for other transactions where diligent field
inspections, interviews and records research indicate no potential for hazardous
material contamination.
b. The authorized officer has the responsibility to contact the Regional
Environmental Engineer or Comprehensive Environmental Response Compensation
and Liability Act (CERCLA) coordinator if there is a suspicion or actual evidence of
hazardous substances or petroleum products to further define the level of
contamination, if any. The authorized officer shall not proceed with an acquisition
involving contaminated property until an assessment of the potential clean up costs
and long-term liability of acquiring or conveying the property is provided by the
Office of General Counsel (OGC) and Regional Environmental Engineer or CERCLA
Coordinator. Procedures for the “bona fide prospective purchaser exemption” shall
be followed if the decision is made to acquire contaminated property. Note that a
chain of title search may be conducted as part of the Phase I/ Phase II ESA or to
support identification of potentially responsible parties if hazardous materials
contamination is discovered. Title evidence typically compiled or procured for
appraisal purposes and title review should be described on Worksheet 2, and provided
to the CERCLA coordinator for consideration in Phase I/II reports.
R-10 SUPPLEMENT 5409.14-2004-2
EFFECTIVE DATE: 09/03/2004
DURATION: This supplement is effective until superseded or removed.
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FSH 5409.13 – LAND ACQUISITION HANDBOOK
CHAPTER 10 – LAND PURCHASE
The Alaska Department of Environmental Conservation (ADEC) maintains a list of
contractors qualified to prepare audits. The ADEC also has personnel who do those
audits. If the audit indicates hazardous materials are present, the landowner will need
to supply evidence that cleanup measures have been taken prior to the government
taking possession.
Not all cleanups will involve hazardous materials. Jobs involving hazardous
materials will need to be done by qualified persons.
If early inspection indicates minimal or no risk of contamination and later information
indicates that risk is present, the Forest should notify the landowner as soon as
possible so that the landowner can schedule any needed audit and possible cleanup. It
is the landowner's responsibility to pay for needed environmental audits and cleanup.
c. Requests for any valuation service resulting in an opinion of value specific to any
property requires, at a minimum, completion of Worksheet 2 for inclusion in the
Request for Appraisal Services (RFAS) package. All other Worksheets will be
provided to the appraiser as soon as possible, and must be received prior to final
approval of the appraisal report. If the authorized officer has determined, at the time
of the RFAS, that the property does not contain “recognized environmental
conditions” as defined in the American Society for Testing and Materials (ASTM) E1527-00, “Standard Practice for Environmental Site Assessments: Phase I
Environmental Site Assessment Process”, that conclusion shall be stated in the RFAS
and no extraordinary assumption is needed in the appraisal instructions. If there is no
such determination, the RFAS shall include a statement similar to:
“I request that the appraisal instructions for this assignment include an
extraordinary assumption that the property is unaffected by hazardous
material and, if found to be so affected, the property shall be cleaned
up or the effect of the hazardous substances or petroleum products
shall be remediated prior to conveyance. I understand that any
condition other than the property being free from a “recognized
environmental condition” may invalidate an approved appraisal
report.”
11.51 - Option Preparation
7. Under option item 13, reference the Hazardous Waste Statement and attach as an
exhibit to the option. The Hazardous Waste Statement (11.51 - Exhibit 01) is to be signed by the
landowner at the time of option signing. The related Hazardous Waste Certification (11.51 Exhibit 02) may be signed at the same time if the landowner has already inspected the property.
R-10 SUPPLEMENT 5409.14-2004-2
EFFECTIVE DATE: 09/03/2004
DURATION: This supplement is effective until superseded or removed.
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FSH 5409.13 – LAND ACQUISITION HANDBOOK
CHAPTER 10 – LAND PURCHASE
The landowner has three documentation alternatives: 1) For a simple low risk purchase with no
indication of contamination, the signing of the Hazardous Waste Certification is adequate; 2) For
cleanups, such as garbage, old equipment removal, and so forth, a simple statement on the
certification that site cleanup is needed in addition to signing the certification is adequate; and 3)
For complex or suspicious sites where testing or significant surveys are needed, the Phase I
Environmental Site Assessment completed by a qualified contractor and the Hazardous Waste
Statement documentation is required.
Under no circumstances shall the government take possession of the land prior to the Hazardous
Waste Statement and Hazardous Waste Certification being signed.
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 the 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.
11.91 - Payment and Closing on Final Title Opinion
3. In addition to the procedures outlined in section 11.91 of the parent text, Region 10
adds the following requirements at 3, paragraph 3.
The Forest Supervisor shall submit Form FS-5400-38, Supplemental Certificate of Possession,
prior to closing and recording the deed to the United States. The prepared form shall be attached
to, and made part of, the title docket. The form should be prepared immediately prior to closing;
it must have been prepared no more than 6 months prior to closing. If the responsible Forest has
not prepared Form FS-5400-38 within this time limit, the responsible Land Ownership
Adjustment Group must elevate the case to the Regional Office Recreation, Lands and Minerals
Staff, Land Ownership Adjustment Group.
11.92 - Payment and Closing on Preliminary Title Opinion
In addition to the procedures outlined in section 11.91 of this handbook, Region 10 adds the
following requirements at 3, paragraph b, and at 4.
R-10 SUPPLEMENT 5409.14-2004-2
EFFECTIVE DATE: 09/03/2004
DURATION: This supplement is effective until superseded or removed.
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FSH 5409.13 – LAND ACQUISITION HANDBOOK
CHAPTER 10 – LAND PURCHASE
3.
b. The Forest Supervisor shall submit Form FS-5400-38, Supplemental Certificate of
Possession, prior to closing and recording the deed to the United States. The prepared
form shall be attached to, and made part of the title docket. The form should be
prepared immediately prior to closing; it must have been prepared no more than 6
months prior to closing.
4. The Regional Forester (Lands Staff) shall assemble the final title docket and forward it
to Office of the General Counsel for Final Title Opinion within one year of case closings.
R-10 SUPPLEMENT 5409.14-2004-2
EFFECTIVE DATE: 09/03/2004
DURATION: This supplement is effective until superseded or removed.
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FSH 5409.13 – LAND ACQUISITION HANDBOOK
CHAPTER 10 – LAND PURCHASE
11.51 - Exhibit 01
Hazardous Waste Statement for Purchase Option
Forest
Tract No.
The vendor, _____________________________________agrees to inspect their lands for the
presence of hazardous materials or waste in accordance with Public Law 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 By Non-Federal entity
Forest
Tract No.
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 *(legal
description).
Date
Signature
Date
Signature