FSH 5409.17 - RIGHTS-OF-WAY ACQUISITION HANDBOOK
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CHAPTER 60 - ROAD RIGHT-OF-WAY CONSTRUCTION AND USE AGREEMENTS
61 - STANDARD FORM AGREEMENT. THE R-1 ROAD RIGHT-OF-WAY
CONSTRUCTION AND USE AGREEMENT HANDBOOK, R1-FSH 5409.21 serves to
provide Regional guidance and direction for implementation of policy and direction in FSM
5467 and FSH 5409.17 Chapter 60.
State of Montana
The standard form "Road Right-of-Way Construction and Use Agreement" to be used with the
State of Montana is shown as Exhibit 2. The use of this agreement is limited to the two-party
arrangement between the State of Montana and the Forest Service.
The executed "Road Maintenance Agreement" is shown as Exhibit 3.
The LETTER OF AGREEMENT, STATE OF MONTANA/FOREST SERVICE ROAD
RIGHT-OF-WAY CONSTRUCTION AND USE AGREEMENT, shown as Exhibit 4, has been
developed with the State to clarify the procedures and principles to be applied in cost sharing
under the agreements.
State of Idaho
The State of Idaho/Forest Service Cooperative Road Agreement, shown as Exhibit 5, establishes
broad cost-sharing concepts, principles, and procedures. The use of this agreement is limited to
the two-party arrangement between the State of Idaho and the Forest Service.
The executed "Road Maintenance Agreement" is shown as Exhibit 6.
The LETTER OF AGREEMENT, STATE OF IDAHO/FOREST SERVICE COOPERATIVE
ROAD AGREEMENT, shown as Exhibit 7, has been developed with the State to clarify the
concepts, principles, and procedures to be applied in cost sharing under the Agreement.
Exhibit 2
ROAD RIGHT-OF-WAY CONSTRUCTION
AND USE AGREEMENT
THIS AGREEMENT is entered into this ______ day of ________________, 19____ by
and between __________________________________________________ hereinafter referred
to as "Cooperator," and the United States of America, by and through the Acting Regional
Forester, Forest Service, Department of Agriculture, hereinafter referred to as "Government."
WHEREAS, there is an area within and adjacent to the ________________ National
Forest and situated in the County of _______________________ , State of _____________,
hereinafter called the "Agreement Area," and to be known as the
_____________________________ Agreement Area, within the boundaries of which, as shown
on the map marked Exhibit A attached hereto and made a part hereof, the parties have need for
establishing access roads to their intermingled land ownerships for managing, protecting, and
utilizing resources therefrom; and
WHEREAS, Government and Cooperator desire to join in developing and maintaining
such roads serving their ownerships and to share costs thereof:
NOW THEREFORE, in consideration of the mutual benefits to be derived, the parties
agree to hereinafter set forth.
Section 1 - Agreement Supplement Prerequisite to Joint Financing of Roads
In order for roads which are constructed hereafter or which are already constructed within
the Agreement Area to be jointly financed, there must be mutual agreement, prior to construction
or prior to use by the other party of roads already constructed by one party, on each of the
elements set forth in Section 2 hereof, which agreement will be expressed in a consecutively
numbered supplement substantially in the form of Exhibit B attached hereto.
Section 2 - Necessary Elements of Agreement Supplement
The elements to be agreed upon for a road to be jointly financed are:
a. Identification by name or number of road or roads to be included, along with a map or
plat showing as accurately as necessary for the road involved its location and length, all in
accordance with procedures prescribed in Section 3 hereof.
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Exhibit 2--Continued
b. Plans and specifications for roads to be constructed or reconstructed.
c. Scheduling of construction or reconstruction, if any, and designation of party to
perform such construction or reconstruction.
d. Estimated costs of construction or reconstruction based on engineering appraisals,
both for roads built and to be built, but subject always to the limitation expressed in Section 4
hereof; if the project is to be accomplished by contract, the costs may be determined on the basis
of the lowest acceptable bid.
e. Proportion of estimated costs to be borne by each party determined by application of
the principles stated in Section 5 hereof.
f. Provision for each party's meeting its share of the cost, based upon methods provided
in Section 6 hereof.
Section 3 - Road Construction Plans
When either party is considering the construction of a road within the Agreement Area, it
will give notice in writing to the other party accompanied by a map showing the approximate
location of the proposed road. Within no more than thirty (30) days after receiving such notice,
the other party will inform the initiating party whether it is interested in having the road
constructed as a jointly financed road.
If the road is not to be a jointly financed road, the initiating party may proceed as provided
in Section 13 hereof.
If the road is to be jointly financed, the initiating party will tentatively locate the road or
cause it to be located and plainly marked on the ground. When a location has been so marked,
notification in writing will be given to the other party. Promptly thereafter, the route will be
jointly inspected and agreed upon and arrangements made for submission by the initiating party
to the other party of such surveys, plans, and construction details as the parties agree are
necessary. Agreement on location shall not be unreasonably withheld nor conditioned by the
party upon either a relocation or incorporation of features which add substantially to construction
costs without a substantial and demonstrable benefit being preserved or created in return.
Final approval of surveys, construction plans, right-of-way description and estimated
construction costs shall be made in writing by the other party promptly after such submission, or if
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Exhibit 2--Continued
approval is withheld for reasonable cause, the parties shall attempt to achieve agreement. Once
the plans and estimated construction costs are agreed upon, the basis for cost sharing, if not
previously agreed to, and the method of paying shared costs shall be negotiated and the
agreement supplement referred to in Section 1 shall be executed.
Section 4 - Limitation on Cost Sharing for Roads
A party's right to participate in joint financing of a road within the Agreement Area and to
enjoy the benefits of this agreement with respect thereto shall not be conditioned upon
assumption of any more than that party's proportionate share of the estimated costs for
constructing roads needed to serve the anticipated uses in the area tributary to the roads.
Section 5 - Basis for Cost Sharing
For all roads to be jointly financed within the Agreement Area, the basis for sharing will be
determined in each supplement by application of the following principle:
Anticipated use of the road(s) will be allocated to the parties in proportion to the
acreage expected to generate such use which are owned or controlled by each party; provided,
that the use attributable to nonparticipating parties will be allocated to Government unless
otherwise agreed.
Section 6 - Methods of Sharing Costs
The share of estimated construction costs to be borne by each party for each jointly
financed road under this agreement, whether the road is already constructed or is to be
constructed, may be amortized by any one or a combination of the following methods:
a. By a party's performing or having performed construction or reconstruction on
the jointly financed road to the extent of its share.
b. By a party's performing or having performed construction or reconstruction on
another jointly financed road within an agreement area in excess of its share for that other road.
c. By a party's depositing funds with the constructing party either at the outset or
as construction or reconstruction progresses or upon completion of construction, as the parties
agree.
d. By haulers paying, at rates mutually agreed upon, as timber or other products
from Government lands are transported over the roads constructed or reconstructed by
Cooperator. Such payments shall be collected by Government and paid to Cooperator.
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e. By Cooperator paying, at rates mutually agreed upon, as timber or other
products from Cooperator's lands are transported over the roads constructed or reconstructed by
Government.
Section 7 - Right-of-Way Conveyances
As soon as the roads are located and the agreement supplement has been executed as above
provided, each party will grant easements to the other for such roads and concomitant
rights-of-way across lands or interests in lands each may own. Easements will be in
substantially the form attached hereto as Exhibits C and D.
Either party will issue when requested a permit in lieu of an easement.
Section 8 - Road Construction, Inspection, and Acceptance
The parties agree that written acceptance of road work by both parties is essential to the
accomplishment of the cooperative objective. Each party will keep the other informed of
construction progress, and the other will make periodic inspection as it deems necessary and will
currently raise in writing any objections to the work performed. Right-of-way timber shall be
disposed of as provided in the easements or permits unless otherwise agreed:
Ten days prior to the expected completion of any construction, the constructing party will
give written notice as to the completion date of a project, and the other party will, within thirty
days after receipt of the notice, make a final inspection and give written notice of rejection or
acceptance of the project. If weather or other conditions prevent inspection within said
thirty-day period, the time during which such conditions prevail will be excluded in determining
the thirty-day period. Rejection may only be based upon failure to comply with the stated plans
and specifications. A rejection notice will identify the items of work to complete the project in
accordance with the stated plans an specifications. Acceptance shall not be unreasonably
withheld. In case of rejection, the items of work identified in the notice will be promptly done;
thereupon the road shall be deemed accepted.
Section 9 - Maintenance
Maintenance shall be performed on jointly financed roads in accordance with the
easements or permits granted in accordance with Section 7 herein and pursuant to a maintenance
plan made at the annual meeting as provided for in Section 12 hereof, or pursuant to the
provisions of a Road Maintenance Agreement separately entered into. Use by a party's licensee
will be the maintenance responsibility of that party. Maintenance shall be performed so as to
preserve the road to standards of original construction or reconstruction.
Section 10 - Additional Capital Expenditures
If exhaustion or severe damage or destruction occurs to any portion of a road jointly
financed under this agreement, or if it is mutually agreed reconstruction or betterment of a road
is needed, the parties will endeavor to agree upon: (1) the work to be performed, and (2) the
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share of cost to be borne by each. Agreement will be expressed in a supplement substantially in
the form of Exhibit B.
It is intended that the share of the cost to be borne by each party shall be determined by
application of the principles stated in Section 5. Payment of shares shall be by any one or a
combination of the methods stated in Section 6.
Section 11 - Annual Accounting
A mutual accounting by the parties to this agreement shall be made as of each December
31.
The accounting will determine the debits and credits accrued by each party in the year just
completed with respect to their obligations under this agreement for new construction,
reconstruction, and restoration involving capital expenditures.
The accounting will also determine the debits and credits accrued by each party during the
year just completed with respect to their agreedmaintenance obligations for roads in the
Agreement Area and will achieve a net balance for the year between the parties with respect to
maintenance matters.
Section 12 - Annual Meeting
On or before the __________ day of ____________________ of each year, the parties
shall meet to apprise each other of their logging and use plans and of anticipated road
construction or reconstruction
needs for the coming year toward the objective of efficiently developing the Agreement Area.
At such annual meetings, the parties will also agree on maintenance arrangements for the
coming season. These arrangements will include the following:
a. Maintenance plan for the coming season which will include the work to be
performed and estimated cost of doing it.
b. The method of measuring total use and the means of apportioning such total use
to each party in order to comply with the easements or permits covering jointly financed roads
wihtin the Agreement Area.
c. Designation of the maintainer and roads, road segments, or classes of work for
which the maintainer is responsible.
d. How the planned program is to be financed.
Section 13 - Roads Not Jointly Financed
When a party desiring to construct a particular road or road segment is informed by the
other party that it has no need for the road and will not share construction costs, the initiating
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party may proceed alone. It will prepare maps showing the proposed location of the road or
road segment on the land of the other party and will furnish such maps to the other party along
with construction specifications and a description of the proposed location. The other party will
promptly issue a permanent easement in the appropriate form attached hereto marked Exhibits E
and F for a road considered permanent by the initiating party, or will issue a permit in the form
attached hereto marked Exhibits G and H for a Road considered temporary by the initiating
party. The other party may refuse to issue the easement or permit for the proposed location only
if the proposed location would unreasonably conflict with existing or planned facilities or
improvements, or would unduly interfere with logging of the said party's timber, or if the
proposed construction specifications are not adequate to prevent undue damage to adjacent
resources or values. In the case of a refusal for such reasons, the parties will endeavor to agree
upon a reasonable and practical alternative route or change in specifications.
Section 14 - No Rights of Use Without Cost Sharing
Except as provided in the easement, permit, or other title document a party who has not
shared in costs of constructing a road or road segment on lands of either party within the
Agreement Area, in accordance with Section 4 and Section 5 herein, shall make no use of the
road or road segment until it pays or makes arrangements acceptable to the other party to pay its
share in accordance with Section 6. A party shall at all times have the right to acquire rights of
use in a road or road segment within the Agreement Area in accordance with the principles for
sharing costs stated in Section 5 and by one or more of the methods of payment prescribed in
Section 6.
Section 15 - Rights of Entry Upon Land of Other Party
Either party, upon giving notice in writing to the other party, shall have the right to go and
be upon the lands of the other party within the Agreement Area to the extent necessary for
purposes related to or connected with this agreement.
Section 16 - Termination
This agreement may be terminated by either party upon at least ninety (90) days prior
written notice, except that such termination shall in no way affect any permit, right-of-way grant,
or easement deed that may have been executed by either party hereto prior to such notice, or any
other operations dependent upon its continuance, which are in progress at time of notice;
provided, that such termination shall in no way affect the agreement of the parties hereto with
respect to any obligations incurred under this agreement until a full settlement has been made.
Section 17 - Federal Requirements
No resident commissioner nor member of or delegate to Congress shall be admitted to any
share or part of this agreement or to any benefits that may arise therefrom unless this agreement
is made with a corporation for its general benefit.
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Where applicable any contract, agreement, or understanding entered into pursuant to this
agreement providing for work to be performed shall include the requirements of Federal laws,
Executive Orders, and regulations except that no present or future administrative rules or
regulations shall reduce the rights herein.
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Section 18 - Notice and Payments
Until notice is given by either party to change the address for delivery of notices and
payments, all notices and payments to Cooperator shall be delivered to
_______________________________ and all notices to Government shall be delivered to
Supervisor, ____________________________ National Forest,
____________________________________________________________________ and all
payments to Government shall be delivered to the Collection Officer at the same address.
IN WITNESS WHEREOF, the parties herto have caused this Road Right-of-Way
Construction and Use Agreement to be properly executed by their authorized representatives on
the day and year first above written.
UNITED STATES OF AMERICA
By _________________________
Regional Forester
Forest Service
Department of Agriculture
By _________________________
Governor of the State of
Montana
Attest:
_________________________
Secretary of State
Countersigned By:
__________________________
Commissioner of State Lands
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EXHIBIT B
SUPPLEMENT NO. __ TO
ROAD RIGHT-OF-WAY CONSTRUCTION AND USE AGREEMENT
WHEREAS ____________________________________________ hereinafter referred to
as "Cooperator," and the UNITED STATES OF AMERICA, by and through the Acting Regional
Forester, Forest Service, Department of Agriculture, hereinafter referred to as "Government," on
the __________ day of ______________________, 19 ____, entered into a Road Right-of-Way
Construction and Use Agreement, hereinafter referred to as "Agreement," providing for
construction and use of roads within the _________________________ agreement area within
and adjacent to the _______________________________ National Forest in
___________________ County ______________, State of ____________________, and
WHEREAS, said agreement provides that a supplement thereto will be executed to cover
any jointly financed roads, and
WHEREAS, the parties have now determined that the roads hereinafter described are to be
jointly financed roads,
NOW, THEREFORE, in accordance with the provisions of said Agreement, the parties
agree as follows:
1. Identification of Road(s)
The road(s) to be jointly financed (is) (are) as follows:
2. Plans and Specifications
3. Construction Program and Agreed Costs
a. Construction Program
b. Cost estimates
4. Basis of Cost Sharing
The parties agree that the share of the cost of construction or reconstruction to be
borne by each party (is set forth below) (is set out in Schedule ____ attached hereto).
5. Method of Payment
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6. Continued Effectiveness of Agreement
Except as otherwise specifically agreed herein, all terms, provisions and agreements of
the aforesaid Agreement shall be and continue in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this __________ Supplement to be
properly executed by their authorized representatives on this ________ day of
____________________, 19___.
STATE OF MONTANAUNITED STATES OF AMERICA
By ______________________________________By ______________________________
Governor of the State of Montana Forest Supervisor
_________________ National Forest
Department of Agriculture
Attest:
__________________________________________
Secretary of State
Countersigned by:
__________________________________________
Commissioner of State Lands
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EXHIBIT C
From the Cooperator to the United States
No. _________
RIGHT-OF-WAY DEED
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF MONTANA
TO ALL TO WHOM THESE PRESENTS SHALL COME:
KNOW YE THAT THE STATE OF MONTANA, IN CONSIDERATION OF THE SUM OF
_________________________________________________________________________
DOLLARS NOW PAID, GRANT TO The United States of America and its assigns, subject to
existing easements and valid rights A RIGHT-OF-WAY FOR a road along and across a strip of
land; hereinafter called the "premises" UPON AND ACROSS STATE LANDS, AS FOLLOWS:
The word "premises" when used herein means said strip of land, whether or not there is an
existing road located thereon. Except where it is defined more specifically, the word "road"
shall mean roads now existing or hereafter constructed on the premises on any segment of such
roads.
*(The location of said premises is shown *(approximately) on Exhibit ____ attached
hereto.)
*(Said premises are more specifically described by a centerline description contained in
Exhibit ___ attached hereto.)
Said premises shall be ________ on each side of the centerline with such additional width as
required for accommodation and protection of cuts and fills. If the road is located substantially
as described herein, the centerline of said road as constructed is hereby deemed accepted by
Grantor and Grantee as the true centerline of the premises granted. If any subsequent survey of
the road shows that any portion of the road, although located substantially as described, crosses
lands of the Grantor not described herein, the easement shall be amended to include the
additional lands traversed; if any lands described herein are not traversed by the road as
constructed, the easement traversing the same shall be terminated in the manner hereinafter
provided.
* Strike out if not applicable
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Cooperator/United States
The acquiring Agency is the Forest Service, Department of Agriculture.
This grant is made subject to the following terms, provisions and conditions applicable to
Grantee, its permittees, contractors and assigns:
A.Except as hereinafter limited, Grantee shall have the right to use the road on the
premises without cost for all pruposes deemed necessary or desirable by Grantee in
connection with the protection, adminstration, management and utilization of
Grantee's land or resources, now or hereafter owned or controlled, subject to such
traffic-control regulations and rules as Grantee may reasonably impose upon or
require of other users of the road. Grantee shall have the right to construct,
reconstruct and maintain roads within the premises.
Grantee alone may extend rights and privileges for use of the premises to other
Government Departments and Agencies, States and local subdivisions thereof, and
to other users including members of the public except users of lands or resources
owned or controlled by Grantor or its successors: Provided, that such additional
use also shall be controlled by Grantee so it will not unreasonably interfere with
use of the road by Grantor or cause the Grantor to bear a share of the cost of
maintenance greater than Grantor's use bears to all use of the road.
B.Grantee shall have the right to cut timber upon the premises to the extent necessary for
constructing, reconstructing and maintaining the road. Timber so cut shall, unless
otherwise agreed to, be cut into logs of lengths specified by the timber owner and
decked along the road for disposal by the owner of such timber.
C.Grantor shall have the right to charge and to enforce collections from purchasers of
timber or other materials when removed from Grantee's lands over the road at such
rate per unit of material hauled, or at such higher rate as may be approved by the
Regional Forester, as set forth in _______________________ Road Right-of-Way
Construction and Use Agreement dated _______________, until such time as the
amounts paid by such means or by credits received from Grantee shall total the
amount set forth in said agreement. Timber or other materials hauled by Grantor
from lands of the Grantee shall be regarded as though hauled by someone else.
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2
Cooperator/United States
D.The costs of road maintenance shall be allocated on the basis of respective uses of the
road.
During the periods when either party uses the road or Grantee permits use of the
road by others for hauling of timber or other materials, the party so using or
permitting such use will perform or cause to be performed, or contribute or cause to
be contributred that share of maintenance occasioned by such use of the road.
On any road maintained by Grantor, Grantor shall have the right to charge
purchasers of National Forest timber and other commercial haulers, or to recover
from available deposits held by Grantee for such purchasers or haulers, reasonable
maintenance charges based on the ratio that said hauling bears to the total hauling
on such road. Grantee shall prohibit noncommercial use unless provision is made
by Grantee or by the noncommercial users to bear proportionate maintenance costs.
This easement is granted subject to the following reservations by Grantor, for itself, its
permittees, contractors, assigns and successors in interest:
1.
The right to use the road for all purposes deemed necessary or desirable by Grantor
in connection with the protection, administration, management and utilization of
Grantor's lands or resources, now or hereafter owned or controlled, subject to the
limitations herein contained, and subject to such traffic control regulations and
rules as Grantee may reasonably impose upon or require of other users of the road
without reducing the rights hereby reserved: Provided, however, that any timber
or other materials hauled by the Grantor from lands now owned by third parties in
the agreement area as shown on Exhibit ____ attached hereto shall be treated as
though hauled by someone else and: Provided further, that the right to use the
road for the purpose of operating and moving specialized logging vehicles and
other equipment shall not be restricted, except as follows:
Cooperator/United States
2.
The right to cross and recross the premises and road at any place by any reasonable
means and for any purpose in such manner as will not interfere unreasonably with
use of the road.
3.
The right to all timber now or hereafter growing on the premises, subject to
Grantee's right to cut such timber as hereinbefore provided.
4.
The right to require any user of the road for commercial or heavy hauling purposes
to post security guaranteeing performance of such user's obligations with respect to
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maintenance of the road with respect to payment of any charges hereinbefore stated
as payable to Grantor for use of the road: Provided, the amount of such security
shall be limited to the amount reasonably necessary to secure such payment, as
approved by the Regional Forester.
5.
The right to require any user of the road for commercial hauling to procure, to
maintain and to furnish satisfactory evidence of liability insurance in a form
generally acceptable in the trade and customary in this area, insuring said party
against liability arising out of its operation on the premises with limits of
$____________ for injury or death to one person, $____________ for injury or
death to two or more persons, and $____________ for damage to property:
Provided, it is customary in the industry in this locality to require liability insurance
at the time commercial users are allowed to use the road.
*(Provided, that so long as the _____________________________________ Road
Right-of-Way Construction and Use Agreement dated __________________ remains in full
force and effect, the terms and conditions thereof shall govern all aspects of use of the premises,
including, but not limited to, *(construction), reconstruction and maintenance of the road and the
allocation and payment of costs thereof.)
It is further provided that whenever said lands herein granted as a right-of-way shall cease
to be used for such purpose, the same shall revert to the state upon notice to that effect being
given to the said grantee named herein.
*Strike out if not applicable
Cooperator/United States
IN TESTIMONY WHEREOF, the State of Montana has caused these presents to be
executed by the Governor, and to be attested by the Secretary of State, and counterisgned by the
Commissioners of State Lands, and the Great Seal of the State, and the Seal of the State Borad of
Land Commissioners to be hereunto affixed this ____________ day of
_________________________ A.D. 19 _____.
_____________________________
Governor of the State of Montana
ATTEST:
_____________________________
Secretary of State
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COUNTERSIGNED BY:
_____________________________
Commissioner of State Lands
EXHIBIT D
From the United States to the Cooperator
EASEMENT
THIS EASEMENT, dated this ______ day of __________________, 19 _____, from the
United States of America, acting by and through the Forest Service, Department of Agriculture,
hereinafter called "Grantor," to ______________________ a ________________________ of
the State of ______________________ , hereinafter called "Grantee,"
WITNESSETH:
WHEREAS, Grantee has applied for a grant of an easement under the Act of October 13,
1964 (78 Stat. 1089; 16 U.S.C. 532-538), for a road over certain lands or assignable easements
owned by the United States in the County of _________________________, State of
_____________________, and administered by the Forest Service, Department of Agriculture.
NOW THEREFORE, Grantor, for and in consideration of
_________________________________________________________________________r
eceived by Grantor, does hereby grant to Grantee, its successors and assigns, and to successors in
interest to any lands now owned or hereafter acquired by Grantee (hereinafter collectively
referred to as "Grantee"), subject to existing easements and valid rights, a perpetual easement for
a road along and across a strip of land, hereinafter defined as the "premises," *(over and across
the following described lands in the County of __________________________, State of
________________________:) *(over and across the lands in the County of
__________________, State of ______________________, as described on Exhibit A attached
hereto).
*Strike out if not applicable
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United States/Cooperator
The word "premises" when used herein means said stirp of land whether or not there is an
existing road located thereon. Except where it is defined more specifically, the word "road"
shall mean roads now existing or hereafter constructed on the premises or any segment of such
roads.
*(The location of said premises is shown *(approximately) on Exhibit ____ attached
hereto.)
*(Said premises are more specifically described by a centerline description contained in
Exhibit ____ attached hereto.)
Said premises shall be ____________ on each side of the centerline with such additional
width as required for accommodation and protection of cuts and fills. If the road is located
substantially as described herein, the centerline of said road as constructed is hereby deemed
accepted by Grantor and Grantee as the true centerline of the premises granted. If any
subsequent survey of the road shows that any portion of the road, although located substantially
as described, crosses lands of the Grantor not described herein, the easement shall be amended to
include the additional lands traversed; if any land described herein is not traversed by the road as
constructed, the easement traversing the same shall be terminated in the manner hereinafter
provided.
This grant is made subject to the following terms, provisions, and conditions applicable to
Grantee, its permittees, contractors, assignees, and successors interest:
A.
Except as hereinafter limited, Grantee shall have the right to use the road on the
premises without cost for all purposes deemed necessary or desirable by Grantee in
connection with the protection, administration, management, and utilization of
Grantee's lands or resources, now or hereafter owned or controlled, subject to such
traffic-control regulations and rules as Grantor may reasonably impose upon or
require of other users of the road without reducing the rights herein granted;
Provided, however, that any timber or other materials hauled by the Grantee from
lands now owned by third parties in the agreement area as shown on Exhibit ____
attached hereto shall be treated as though hauled by someone else. Grantee shall
have the right to construct, reconstruct, and maintain roads within the premises.
*Strike out if not applicable.
2
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United States/Cooperator
Grantee's right to use the road shall include, but shall not be limited to, use for the
purpose of operating and moving specialized logging vehicles and other equipment
subject to the following limitations:
B.
Grantee shall comply with all applicable State and Federal laws, Executive Orders,
and Federal rules and regulations, except that no present or future administrative
rules or regulations shall reduce the rights herein expressly granted.
C.
Grantee shall have the right to charge and to enforce collections from purchasers of
timber or other materials when removed from Grantor's lands over the road at such
rate per unit of material hauled, or at such higher rate as may be approved by the
Regional Forester, as set forth in _____________________ Road Right-of-Way
Construction and Use Agreement dated ____________________, until such time as
the amounts paid by such means or by credits received from Grantor shall total the
amount set forth in said agreement. Timber or other materials hauled by Grantee
from lands of the Grantor shall be regarded as though hauled by someone else.
D.
Grantee shall have the right to cut timber upon the premises to the extent necessary
for constructing, reconstructing, and maintaining the road. Timber so cut shall,
unless otherwise agreed to, be cut into logs of lengths specified by the timber
owner and decked along the road for disposal by the owner of such timber.
3
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United States/Cooperator
E.
The costs of road maintenance shall be allocated on the basis of respective uses of
the road.
During the periods when either party uses the road or Grantor permits use of the
road by others for hauling of timber or other materials, the party so using or
permitting such use will perform or cause to be performed, or contribute or cause to
be contributed that share of maintenance occasioned by such use of the road.
On any road maintained by Grantee, Grantee shall have the right to charge
purchasers of National Forest timber and other commercial haulers, or to recover
from available deposits held by the Grantor for such purchasers or haulers,
reasonable maintenance charges based on the ratio that said hauling bears to the
total hauling on such road. Grantor shall prohibit noncommercial use unless
provision is made by Grantor or by the noncommercial users to bear proportionate
maintenance costs.
F.
Grantee shall have the right to require any user of the road for commercial or heavy
hauling purposes to post security guaranteeing performance of such user's
obligations with respect to maintenance of the road and with respect to payment of
any charges hereinabove stated as payable to Grantee for use of the road:
Provided, the amount of such security shall be limited to the amount reasonably
necessary to secure such payment as approved by the Regional Forester.
G.
If it is customary in the industry in this locality to require liability insurance at the
time commercial users are allowed to use the road, the Grantee shall have the right
to require any user of the road for commercial hauling to procure, to maintain, and
to furnish satisfactory evidence of liability insurance in a form generally acceptable
in the trade and customary in this area, insuring said party against liability arising
out of its operation on the premises with limits of $__________ for injury or death
to one person, $ __________ for injury or death to two or more persons, and $
__________ for damage to property.
H.
The Grantee shall maintain the right-of-way clearing by means of chemicals only
after specific written approval has been given by the Regional Forester.
Application for such approval must be in writing and specify the time, method,
chemicals, and the exact portion of the right-of-way to be chemically treated.
4
R-1 SUPPLEMENT 4
EFFECTIVE 12/06/90
United States/Cooperator
This easement is granted subject to the following reservation by Grantor, for itself, its
permittees, contractors, and assignees:
1.
The right to use the road for all purposes deemed necessary or desirable by Grantor
in connection with the protection, administration, management, and utilization of
Grantor's lands or resources, now or hereafter owned or controlled, subject to the
limitations herein contained, and subject to such traffic-control regulations and
rules as Grantor may reasonably impose upon or require of other users of the road
without reducing the rights herein granted to Grantee: Provided, that all use by the
public for purposes of access to or from Grantor's lands shall be controlled by
Grantor so as not unreasonably to interfere with use of the road by Grantee or to
cause the Grantee to bear a share of the cost of maintenance greater than Grantee's
use bears to all use of the road.
2.
The right alone to extend rights and privileges for use of the premises to other
Government Departments and Agencies, States, and local subdivisions thereof, and
to other users including members of the public except users of lands or resources
owned or controlled by Grantee or its successors: Provided, that such additional
use also shall be controlled by Grantor so as not unreasonably to interfere with use
of the road by Grantee or to cause the Grantee to bear a share of the cost of
maintenance greater than Grantee's use bears to all use of the road.
3.
The right to cross and recross the premises and road at any place by any reasonable
means and for any purpose in such manner as will not unreasonably interfere with
use of the road.
4.
The right to all timber now or hereafter growing on the premises subject to
Grantee's right to cut such timber as hereinbefore provided.
*(Provided that so long as the ____________________________________ Right-of-Way
Construction and Use Agreement dated _____________________ remains in full force and
effect, the terms and conditions thereof shall govern all aspects of use of the premises, including,
but not limited to, *(construction), reconstruction, and maintenance of the road and the allocation
and payment of costs thereof.)
*Strike out if not applicable
5
R-1 SUPPLEMENT 4
EFFECTIVE 12/06/90
United States/Cooperator
The Chief, Forest Service may terminate this easement, or any segment thereof, (1) by
consent of the Grantee, (2) by condemnation, or (3) after a five- (5) year period of nonuse, by a
determination to cancel after notification and opportunity for hearing as prescribed by law:
providing the easement, or segment thereof, shall not be terminated for nonuse so long as the
road, or segment thereof, is being preserved for prospective future use.
IN WITNESS WHEREOF, the Grantor, by its Forest Supervisor, ______________
National Forest, Forest Service, has executed this easement pursuant to the delegation of
authority to the Chief, Forest Service, 7 CFR 2.60, and delegation of authority by the Chief,
Forest Service, dated August 22, 1984 (49 FR 34283), on the day and year first above written.
UNITED STATES OF
AMERICA
Forest Supervisor
Forest Service
Department of Agriculture
ACKNOWLEDGEMENT
STATE OF MONTANA
COUNTY OF MISSOULA
)
) ss.
)
On the _____ day of ______________________ 19 _____, before me, a Notary Public within
and for said State, personally appeared ______________________________, Forest Supervisor
______________________ National Forest, Forest Service, Department of Agriculture, and the
same person who executed the within and foregoing instrument, who, being by me duly sworn
according to law, did say that he is acting for (Regional Forester's Legal Name), the Regional
Forester, Forest Service, Department of Agriculture, and that said instrument was signed in
behalf of the United States of America by its authority duly given and by him delivered as and
for its act and deed. And he did further acknowledge that he executed said instrument as the
free act and deed of the United States of America, for the purposes and consideration herein
mentioned and set forth, and I do hereby so certify.
R-1 SUPPLEMENT 4
EFFECTIVE 12/06/90
United States/Cooperator
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year above written.
Notary Public for the State of
Montana
Residing at
My commission expires
(SEAL)
R-1 SUPPLEMENT 4
EFFECTIVE 12/06/90
EXHIBIT E
From the Cooperator to the United States
for non-cost-shared roads in an agreement area
No.
RIGHT-OF-WAY DEED
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF MONTANA
TO ALL TO WHOM THESE PRESENTS SHALL COME:
KNOW YE THAT THE STATE OF MONTANA, IN CONSIDERATION OF THE SUM OF
DOLLARS
NOW PAID, GRANT TO The United States of America and its assigns, subject to existing
easements and valid rights A RIGHT-OF-WAY FOR a road along and across a strip of land,
hereinafter defined as the "premises" UPON AND ACROSS STATE LANDS, AS FOLLOWS:
The word "premises" when used herein means said strip of land whether or not there is an
existing road located thereon. Except where it is defined more specifically, the word "road"
shall mean roads now existing or hereafter constructed on the premises or any segment of such
roads.
*(The location of said premises is shown *(approximately) on Exhibit
hereto.)
attached
*(Said premises are more specifically described by a centerline description contained in
Exhibit
attached hereto.)
Said "premises" shall be
on each side of the centerline with such additional
width as required for accommodation and protection of cuts and fills. If the road is located
substantially as described herein, the centerline of said road as constructed is hereby deemed
accepted by Grantor and Grantee as the true centerline of the premises granted. If any
subsequent survey of the road shows that any portion of the road, although located substantially
as described, crosses lands of the Grantor not described herein, the easement shall be amended to
include the additional lands traversed; if any land described here is not traversed by the road as
constructed, the road as constructed, the easement traversing the same shall be terminated in the
manner hereinafter provided.
*Strike out if not applicable.
R-1 SUPPLEMENT 4
EFFECTIVE 12/06/90
Cooperator/United States
Noncost-shared roads
The acquiring agency is the Forest Service.
This grant is made subject to the following terms, provisions and conditions:
A.
Grantee, its permittees, contractors and assigns shall have the right to cut timber
upon the premises to the extent necessary for constructing, reconstructing and
maintaining the road. Timber so cut shall, unless otherwise agreed to, be cut into
logs of lengths specified by the timber owner and decked along the road for
disposal by the owner of such timber.
b.
Grantor shall have the right to use for all useful purposes the road(s) to be
constructed, subject to traffic-control regulations as provided in 36 C.F.R 212.7 (a)
(1) and (2), the bearing of road maintenance costs proportionate to use as provided
in 36 C.F.R. 212.7(d), and the bearing of the cost of construction proportionate to
use as provided in 36 C.F.R. 212.11.
The foregoing notwithstanding, this easement is granted subject to the following
reservations by Grantor, for itself, its permittees, contractors, assigns and successors in interest:
1.
The right to use the road without costs for all purposes deemed necessary or
desirable by Grantor in connection with the proetcion and administration of
Grantor's lands or resources, now or hereafter owned or controlled, and for removal
of timber cut on the premises in construction of the road, subject to the limitations
herein contained.
2.
The right to cross and recross the premises and road at any place by any reasonable
means and for any purpose in such manner as will not unreasonably interfere with
use of the road.
3.
The right to all timber now or hereafter growing on the premises, subject to
Grantee's right to cut such timber as hereinbefore provided.
*(Provided that so long as the _____________________________________ Road
Right-of-Way Construction and Use Agreement dated _________________ remains in full force
and effect, the terms and conditions thereof shall govern all aspects of use of the premises,
including, but not limited to *(construction), reconstruction and maintenance of the road.)
*Strike out if not applicable.
2
R-1 SUPPLEMENT 4
EFFECTIVE 12/06/90
Cooperator/United States
Noncost-shared roads
It is further provided that whenever said lands herein granted as a right-of-way shall cease
to be used for such purpose, the same shall revert to the State upon notice to that effect being
given to the said grantee named herein.
IN TESTIMONY WHEREOF, the State of Montana has caused these presents to be executed by
the Governor, and to be attested by the Secretary of State, and countersigned by the
Commissioners of State Lands, and the Great Seal of the State, and the Seal of the State Board of
Land Commissioners to be hereunto affixed this
day of ____________
A.D. 19 .
________________________________
Governor of the State of Montana
ATTEST:
________________________________
Secretary of State
COUNTERSIGNED BY:
_______________________________
Commissioner of State Lands
R-1 SUPPLEMENT 4
EFFECTIVE 12/06/90
EXHIBIT F
From the United States to the Cooperator
for noncost-shared roads in an agreement area.
EASEMENT
THIS EASEMENT, dated this _____ day of ____________________, 19_____, from the United
States of America, acting by and through the Forest Service, Department of Agriculture,
hereinafter called "Grantor," to __________________________, a
_________________________ of the State of ___________________________, hereinafter
called "Grantee,"
WITNESSETH:
WHEREAS, Grantee has applied for a grant of an easement under the Act of October 13, 1964
(78 Stat. 1089; 16 U.S.C. 532-538), for a road over certain lands owned by the United States in
the County of _____________________________, State of ____________________________,
and administered by the Forest Service, Department of Agriculture.
NOW THEREFORE, Grantor, for and in consideration of ______________________________
received by Grantor, does hereby grant to Grantee, its successors and assigns, and to successors
in interest to any lands now owned or hereafter acquired by Grantee (hereinafter collectively
referred to as "Grantee"), subject to existing easements and valid rights, a perpetual easement for
a road along and across a strip of land, hereinafter defined as the "premises," *(over and across
the following described lands in the County of ____________________, State of
____________________:) *(over and across the lands in the County of
____________________, State of ____________________, as described on Exhibit A attached
hereto).
The word "premises:" when used herein means said strip of land whether or not there is an
existing road located thereon. Except where it is defined more specifically, the word "road"
shall mean roads now existing or hereafter constructed on the premises or any segment of such
roads.
*(The location of said premises is shown *(approximately) on Exhibit ____ attached hereto.)
*(Said premises are more specifically described by a centerline description contained in Exhibit
___ attached hereto.)
*Strike out if not applicable.
R-1 SUPPLEMENT 4
EFFECTIVE 12/06/90
United States/Cooperator
Noncost-shared roads
Said "premises" shall be _____ on each side of the centerline with such additional width as
required for accommodation and protection of cuts and fills. If the road is located substantially
as described herein, the centerline of said road as constructed is hereby deemed accepted by
Grantor and Grantee as the true centerline of the premises granted. If any subsequent survey of
the road shows that any portion of the road, although located substantially as described, crosses
lands of the Grantor not described herein, the easement shall be amended to include the
additional lands traversed; if any land described herein not traversed by the road as contructed,
the easement traversing the same shall be terminated in the manner hereinafter provided.
This grant is made subject to the following terms, provisions, and conditions applicable to
Grantee, its permittees, contractors, assignees, and successors in interest:
A.
Grantee shall comply with all applicable State and Federal laws, Executive Orders,
and Federal rules and regulations, except that no present or future administrative
rule or regulation shall reduce the rights herein expressly granted.
B.
Grantee shall have the right to cut timber upon the premises to the extent necessary
for constructing, reconstructing, and maintaining the road. Timber so cut shall,
unless otherwise agreed to, be cut into logs of lengths specified by the timber
owner and decked along the road for disposal by the owner of such timber.
C.
Grantee shall have the right to use the road on the premises without cost for all
purposes deemed necessary or desirable by Grantee in connection with the
protection, administration, management, and utilization of Grantee's lands or
reesources, now or hereafter owned or controlled. Grantee alone may extend such
rights and privileges for use of the premises to others.
D.
The Grantee shall maintain the right-of-way clearing by means of chemicals only
after specific written approval has been given by the Regional Forester.
Application for such approval must be in writing and specify the time, method,
chemicals, and the exact portion of the right-of-way to be chemically treated.
The foregoing notwithstanding, this easement is granted subject to the following reservations by
Grantor, for itself, its permittees, contractors, and assignees:
2
R-1 SUPPLEMENT 4
EFFECTIVE 12/06/90
United States/Cooperator
Noncost-shared roads
1.
The right to use the road without cost for all purposes deemed necesary or desirable
by Grantor in connection with the protection and administration of Grantor's lands
or resources, now or hereafter owned or controlled, provided that such right of use
shall not include use of the road by the public or for heavy hauling except to
remove timber cut on the premises in construction or maintenance of the road.
2.
The right to cross and recross the premises and road at any place by any reasonable
means and for any purpose in such manner as will not unreasonably interfere with
use of the road.
3.
The right to all timber now or hereafter growing on the premises, subject to
Grantee's right to cut such timber as hereinbefore provided.
*(Provided that so long as the ________________________________________
Road Right-of-Way Construction and Use Agreement dated _________________ remains in full
force and effect, the terms and conditions thereof shall govern all aspects of use of the premises,
including but not limited to *(construction), reconstruction, and maintenance of the road.)
The Chief, Forest Service, may terminate this easement, or any segment thereof, (1) by consent
of the Grantee, (2) by condemnation, or (3) after a five (5) year period of nonuse, by a
determination to cancel after notification and opportunity for hearing as prescribed by law;
provided the easement, or segment thereof, shall not be terminated for nonuse so long as the
road, or segment thereof, is being preserved for prospective future use.
IN WITNESS HEREOF, the Grantor, by its Forest Supervisor, ______________ National
Forest, has executed this easement pursuant to the delegation of authority to the Chief, Forest
Service, 7 CFR 2.60, and delegation of authority by the Chief, Forest Service, dated August 22,
1984, (49 FR 34283), on the day and year first above written.
UNITED STATES OF AMERICA
By
Forest Supervisor
National Forest
Forest Service
Department of Agriculture
* Strike out if not applicable.
3
R-1 SUPPLEMENT 4
EFFECTIVE 12/06/90
United States/Cooperator
noncost-shared roads
ACKNOWLEDGMENT
STATE OF MONTANA
County of
)
) ss.
)
On the _____ day of __________________, 19___, before me, a Notary Public within and for
said State, personally appeared _____________, Forest Supervisor, ____________________
National Forest, Forest Service, Department of Agriculture, and the same person who executed
the within and foregoing instrument, who being by me duly sworn according to law, did say that
he is acting for the Forest Supervisor, ____________________ National Forest, Forest Service,
Department of Agriculture; and that said instrument was signed in behalf of the United States of
America by its authority duly given and by him delivered as and for its act and deed. And he
did further acknowledge that he executed said instrument as the free act and deed of the United
States of America, for the purposes and consideration herein mentioned and set forth, and I do
hereby so certify.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year above written.
___________________________
_
Notary Public for the State
of Montana
Residing at _________________
My Commission Expires _______
(SEAL)
R-1 SUPPLEMENT 4
EFFECTIVE 12/06/90
EXHIBIT G
PERMIT
Permission is hereby granted to the UNITED STATES OF AMERICA, acting by and
through the Forest Service, USDA, hereinafter called the permittee, to use, subject to the
conditions set out below, the following described lands:
This permit covers a right-of-way ________ miles in length and containing approximately
________ acres and is issued for the purpose of constructing, reconstructing, maintaining, and
using a road for the protection, administration, management and utilization of lands and the
resources thereof now or hereafter owned or controlled by the permittee.
1.
This permit is subject to all valid rights existing on this date.
2.
The permittee shall cut only such timber as necessary in clearing for road
construction, reconstruction, and maintenance. Timber so cut shall, unless
otherwise agreed to, be cut into logs of lengths specified by
____________________ and decked along the road for disposal by
____________________.
3.
The permittee shall do everthing reasonably within his power to prevent forest fires
and will not allow disposal of material by burning in open fires during the closed
season established by law without a written permit from the proper fire protection
agency.
4.
The permittee shall fully repair all damage, other than ordinary wear and tear, to
roads and trails caused by the permittee in exercise of the privileges granted by this
permit.
5.
This permit shall terminate ________________________________, or earlier
when requested by the permittee; provided that the permit may be terminated or
suspended upon breach of any of the conditions herein.
6.
The right-of-way covered by this permit shall be _________ feet on each side of
the centerline as shown on the attached plat with such additional width as required
for accommodation and protection of cuts and fills.
7.
In consideration for this use the permittee has granted reciprocal rights-of-way to
_____________________.
R-1 SUPPLEMENT 4
EFFECTIVE 12/06/90
8.
Construction of the road shall be in accordance with the specifications set forth in
Exhibit ____ attached hereto.
9.
The permittee shall provide maintenance so that at the termination of this permit
the road will be in a condition equal to that normally prevailing on roads of like
standard, and unless otherwise agreed to, lead-off drainage and water barriers to
prevent erosion will be constructed on the road as directed by the
_____________________________.
10.
Use of roads constructed under authority of this permit shall be subject to control
by the permittee except that they shall at all times be open to use by
________________________________________ employees on official business.
The exercise of any of the privialeges granted hereby constitutes acceptance of all
conditions of this permit.
___________
(Date)
_________________________________________
(Signature of Issuing Officer)
______________
(Title)
This permit is accepted subject to the conditions herein set forth.
___________
(Date)
_________________________________________
(Signature of Issuing Officer)
R-1 SUPPLEMENT 4
EFFECTIVE 12/06/90
______________
(Title)
EXHIBIT H
TEMPORARY COST-SHARE AGREEMENT ROAD PERMIT
(Name)
of
(Address)
(hereafter called the
Permittee) is hereby authorized to use National Forest lands for the construction, reconstruction,
maintenance, and use of a road within the ___________________ National Forest for the
protection, administration, management, and utilization of lands and the resources thereof now or
hereafter owned or controlled by the permittee. The lands covered by this permit are located in
the County of ____________________, State of ____________________ and are described as
follows:
(Include short legal descriptions here; for long legal descriptions use: "See Exhibit A,
attached here.")
This permit covers a right-of-way _______ miles in length, _______ feet in width, containing
approximately _______ acres, and is located upon the ground according to the survey line,
figures, measurements, widths, and other references shown on the plat attached hereto and made
a part hereof.
This permit is made subject to the following terms, provisions, and conditions:
1.
This permit is subject to all valid rights existing on this date.
2.
The Permittee, in exercising the privileges granted by this permit, shall comply
with all applicable State and Federal laws, Executive Orders, and Federal rules and
regulations.
3.
The Permittee shall cut only such timber as necessary in clearing for road
construction, reconstruction, and maintenance. Timber so cut shall, unless
otherwise agreed to, be cut into logs of lengths specified by the Forest Service and
decked along the road for disposal by the Forest Service.
4.
The Permittee shall do everything reasonably within its power to prevent forest
fires and shall not dispose of material by burning in open fires during the closed
season established by law or regulation without a written permit from the Forest
Service.
5.
The Permittee shall repair fully all damage to National Forest roads and trails
caused by the Permittee in exercise of the privileges granted by this permit.
6.
No member of or delegate to Congress or resident commissioner shall be admitted
to any share or part of this agreement or to any benefit that may arise herefrom
unless it is made with a corporation for its general benefit.
R-1 SUPPLEMENT 4
EFFECTIVE 12/06/90
7.
In consideration for this use, the Permittee has granted reciprocal rights-of-way to
the United States.
8.
Construction of the road shall be in accordance with the specifications set forth in
exhibit ____, attached hereto.
9.
The Permittee shall provide maintenance so that the road will be in a condition
equal to that normal prevailing on roads of like standard, and unless otherwise
agreed to, shall construct leadoff drainage and water barriers to prevent erosion on
the road as directed by the Forest Service.
10.
Use of roads constructed under authority of this permit shall be subject to control
by the Permittee, except that the roads shall at all times be open to use by Forest
Service employees on official business.
11.
The Permittee shall maintain the right-of-way clearing by means of chemicals only
after the Regional Forester has given specific written approval. Application for
such approval must be in writing and must specify the time, method, chemicals and
the exact portion of the right-of-way to be chemically treated.
12.
In the event the road constructed on the right-of-way herein is included in a
subsequent cooperative agreement for joint construction, the Government shall
treat the Permittee's construction costs as incurred under the agreement. In this
event, the Government shall replace this permit with an easement as provided by
regulations of the Secretary of Agriculture (36 CFR 212.10c).
13.
This permit may be terminated or suspended upon breach of any of the conditions
herein or at the discretion of the Regional Forester or the Chief, Forest Service.
14.
Unless sooner terminated in accordance with the provisions of the permit, or
revoked by the Regional Foester, this permit shall expire and become void on
____(Date)______.
IN Witness Whereof, the parties hereto have caused this permit to be duly executed on this
______ day of ____________________, 19____.
Permittee
by
(Name)
(Title)
(Company)
USDA Forest Service
by
Forest Supervisor
National Forest
R-1 SUPPLEMENT 4
EFFECTIVE 12/06/90
R-1 SUPPLEMENT 4
EFFECTIVE 12/06/90
Exhibit 3
ROAD MAINTENANCE AGREEMENT
THIS ROAD MAINTENANCE AGREEMENT is entered into this 28th day of September, 1982,
by and between the STATE OF MONTANA, hereinafter referred to as the "Cooperator," and the
UNITED STATES OF AMERICA, Region 1 of the United States Forest Service, Department of
Agriculture, hereinafter referred to as the "Government," under authority of the Act of June 4,
1897, 30 Stat. 35, 16 U.S.C. 551; the Act of April 24, 1950, 64 Stat. 83, 16 U.S.C. 572; and, the
Act of October 13, 1964, 78 Stat. 1089, 16 U.S.C. 535-538.
WHEREAS, the parties hereto share Easements for certain roads, and,
WHEREAS, these Easements envision the parties performance of maintenance and
required preservation of the roads for future use, and,
WHEREAS, it is mutually deemed necessary for the parties to make provision for
maintaining and apportioning costs of maintenance for such roads,
NOW, THEREFORE, in accordance with these premises and in consideration of the
mutual benefits to be derived, the parties agree to the following General Principles of Road
Maintenance.
THIS AGREEMENT shall apply to all roads where the Government and the Cooperator
have joint road use rights by virture of Existing Easements. It is the intent that this agreement
shall also apply to all future roads when Easements are exchanged. It is also the intent that such
roads shall be maintained to a condition of serviceability to provide for the intended use of the
facility, prevent and correct erosion to the roads and adjacent lands, and assure safe and efficient
use of the road.
Section I - Explanation of Terms
Road Maintenance - The performance of work activities needed to preserve or
protect a roadway including surface and shoulders, roadside, structures, and such
traffic-control devices as are necessary for its safe and efficient utilization to the
standard provided through construction, the most recent reconstruction, or other
condition as agreed.
Recurrent Maintenance - Work that is predicted to be needed on a continuing basis
with accomplishment annually or more frequently.
Deferred Maintenance - Work which can be deferred, without loss of road
serviceability, until such time as the work can be economically or efficiently
performed. By way of example, bridge painting, deck repair, brush removal, and
surface replacement are deferred maintenance items.
R-1 SUPPLEMENT 4
EFFECTIVE 12/06/90
Traffic Generated Maintenance - Work, except Extraordinary Maintenance, made
necessary as a direct result of, or to minimize the effect of, use and wear by traffic
during Normal Use Periods.
Non-Traffic Generated Maintenance - Work necessary to restore road serviceability
and repair to an acceptable condition where Extraordinary Damage has been caused
by a party's operation of equipment on the road for which the road was not
designed or intended, or operations during Non-Operating Periods for which use
was not anticipated or provided for. Also included is damage caused by a party's
improper or negligent vehicle and maintenance operations. (Types of damage and
procedure for determining responsibililty will be identified in the Annual
Maintenance Plan.)
Restoration - Work necessary to restore serviceability of a road and repair, to an
acceptable condition, any damage resulting from natural causes which is considered
in excess of that normally occurring for the area, and not anticipated or provided
for in the Annual Maintenance Plan.
Traffic Unit - A Traffic Unit is a vehicle, having four or more wheels, and a gross
vehicle weight of 5,000 pounds or less and passes a given point on a road moving
in either direction. A five-axle log carrying vehicle shall be 20.4 traffic units when
moving one way in either direction over a road and the loaded weight is not in
excess of the State legal highway load. When other heavy vehicle configurations
or those loaded in excess of the State legal load limits are used, the traffic units
shall be adjusted porportionately.
Traffic Types:
National Forest Traffic - The traffic generated by use of National Forest lands and
other lands exclusive of commercial and/or commercial-associated traffic,
administrative and protective traffic generated by use of lands owned by the
cooperator.
2
Cooperator Traffic - The traffic generated from use of lands owned by the
Cooperator for the hauling of commercial commodities to and from those lands,
commercial development and use of those lands, and protection, development and
administration of those lands.
Commensurate Share - A proportionate responsibility for the cost of total
maintenance obligation of roads covered by this agreement, except Extraordinary
Maintenance. The proportionate responsibility is determined in accordance with
Section III.
R-1 SUPPLEMENT 4
EFFECTIVE 12/06/90
Normal Use Period - The agreed upon intermittent period during the Normal Use
Period when weather conditions render a road unuseable and such use would cause
Extraordinary Damage, and that period from the end of an established Normal Use
Period to the beginning of the next one.
Section II - Annual Maintenance Planning
Both parties recognize the need for local variations and flexibility in operating practices due to
local climate, geographic conditions, soil types, landownership patterns, volume of work, or
administrative arrangements. In order to provide this flexibility, both parties agree that there
will be a written Annual Maintenance Plan, between local Representatives of cooperator and the
Forest Supervisors responsible for managing the joint road system. These people shall in
writing detail the conditions of sharing and performing maintenance. An objective of planning
is to balance work performance responsibility between the parties in as short a time as possible.
The essence of this road maintenance agreement is accomplished through this Annual
Maintenance Plan. Therefore, the overall agreement shall not be considered effective in a local
area until a plan has been developed and agreed to.
The Annual Maintenance Plan may also contain or reference such other requirements,
definitions, and information consistent with this Agreement that the parties deem necessary to
effectively maintain and manage the road system.
Annual Maintenance Plan. An Annual Maintenance Plan, covering a 12-month period, will be
mutually developed to include all anticipated Road Maintenance work needed on the roads
covered by this Road Maintenance Agreement. The parties will consider the needs of all roads
covered by Agreements whether or not they are being or will be actively used during the plan
period. If one party improved or adds features to a road without agreement, the other party need
not be required to share in its recurrent or deferred maintenance unless subsequently agreed to.
If needed to accomplish the maintenance objective, the plan will include the following
information in terms consistent with definitions contained in Section 1.
a.
The period for which the Plan is developed.
b.
Listing of the roads or road section or road networks, considered in the Plan.
c.
A summary of the anticipated traffic for the period covered by the Plan.
d.
The amount and estimated cost of the Traffic Generated Maintenance for each road,
section, or network listed in the Plan.
e.
The amount and estimated cost of Non-Traffic Generated Maintenance for each
road, section, or network listed in the Plan.
f.
A work plan or program that will accomplish the required maintenance for the
period. The plan will be referenced to common definitions of maintenance work
activities which have been agreed to between the local parties.
R-1 SUPPLEMENT 4
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g.
The assignment of maintenance performance responsibility to the parties for each
road segment, road or road network.
h.
An annual traffic estimate summarizing the actual traffic over the road or network
for the previous plan period.
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Both parties agree to furnish each other data on scaling records, weights, vehicle counts and
other traffic data relating to their use when essential to the Plan.
The Annual Maintenance Plan and its resulting record will be completed on the formats and at
dates subsequently agreed to between the local representatives responsible for this annual plan.
In the event a party finds it cannot perform its assignment outlined in the plan, it shall promptly
notify the other party in writing so that alternate arrangements can be made.
In the event that one party feels the other is not performing its assigned work, that party shall
promptly notify the responsible party of its concerns. The responsible party shall then make
prompt arrangements to correct any agreed to deficiencies.
Section III. Basis for Sharing the Cost of Various Elements of Maintenance
The following descriptions of traffic generated and non-traffic generated maintenance list certain
items of maintenance activities as they are ordinarily categorized. Specific planning of
maintenance may reveal that some of these activities can be interchanged between categories.
The basis for sharing shall be established in the annual maintenance plan.
A.Traffic Generated Maintenance
The parties agree to share the estimated cost of all Traffic Generated Maintenance
activities both recurrent and deferred on a basis proportionate to the Traffic Units
generated by each party's use on a road section or road network.
Elements of Traffic Generated Maintenance are agreed to be:
1.
Traveled Way Activities - Activities within the Traveled Way or that portion
of Roadway, excluding shoulders, used for the movement of vehicles.
a.
Surface Maintenance
(1) Dust control
(2) Surface smoothness maintenance
(3) Surface protection (seal or seal and chips)
b.
Surface replacement (In Place)
(1) Aggregate material
(2) Stabilizing additives
2.Structure Activities
a.
Bridge Deck Repair or Replacement
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3.
b.
Guardrail and Cattleguard Repair or Replacement
c.
Bridge repainting
Traffic Services Activities
a.
b.
Traffic delineators
Traffic control striping
The Cooperator assumes responsibility for all Cooperator Traffic as defined in Section I of this
agreement. The Government assumes the responsibility for National Forest Traffic as defined
in Section I of this agreement. Third party cooperators or other commercial users, included as
National Forest Traffic, will be caused by the Government to contribute their commensurate
share of the total maintenance costs by other separate agreements, permits, or contracts.
B.Non-Traffic Generated Maintenance
The parties agree to bear their proportionate share of the estimated cost of all
Non-Traffice Generated Maintenance based on each party's acreage severed by the
road.
Elements of Non-Traffic Generated Maintenance are agreed to be:
1.
Drainage Activities
a.
b.
c.
2.
Roadway Activities - Activities within the Roadway or that portion of the road
within the limits of excavation and embankment.
a.
b.
3.
Brush and Tree Removal
Slope Repair (ordinary wash, slump, slough)
Roadside Activities - Activities within Roadside or that portion of the road
outside the limits of excavation and embankment and within the limits of the
right-of-way.
a.
4.
Repair (including clearnout)
Replacement of minor culverts (less than 35 square feet)
Channel cleaning and repair
Brush and Tree Removal
Special Activities
a.
Surface Repair from Non-Traffic caused Damage
5.Traffic Services Activities
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a.
Traffic Control Signs
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C.
Extraordinary Maintenance
The cost of this maintenance will be borne entirely by that party causing the
maintenance and without obligation of the other to share the cost thereof.
D.
Restoration
The parties agree to share the cost of restoration in accordance with Section 10 of
the Road Right-of-Way Construction and Use Agreement.
Section IV - Methods of Fulfilling Maintenance Obligations.
It is the intent of this agreement to permit flexibility by field maintenance managers in selecting
optional methods of performing and financing maintenance work. The following general
options are acceptable to the parties:
A.
Recurrent Maintenance
Option 1 - Maintenance by One Party. When by agreement in the Annual
Maintenance Plan, one party assumes the responsibility for performance of all the
recurrent maintenance, the other party will provide his porportionate share in cash.
If the Government is the performing party, the Cooperator will deposit with the
Government, in advance of the work to be performed, sufficient monies in one or
more payments to cover his share of the work at the rates listed in the Annual
Maintenance Plan. If the Cooperator is the performing party, the Government will
reimburse or require its users to reimburse the Cooperator for the Government
share on the basis of work performed at the rates listed in the Annual Maintenance
Plan, and arrange for periodic payment as work is accomplished.
Option 2 - Maintenance by Both Parties. When by agreement in the Annual
Maintenance Plan, both parties perform or have performed some portion of the
required recurrent maintenance work listed in the plan, but one party performs
more than its commensurate share, the excess total value of work performed may
be credited against the party's share of the cost of work to be performed in the next
Annual Maintenance Plan period; and, the other party will then assume additional
responsibility for work to be performed in the next plan period. If agreed to by
both parties, a party may make payment to the other party to the extent necessary to
bring each party's cost into agreement with their commensurate share at the end of
the Annual Maintenance Plan period. It is further agreed that substantial
imbalances in a party's share of the work to be performed due to weather,
unanticipated changes in use, or other conditions will be adjusted by either
offsetting credits, cash settlement, or a revision of the Annual Maintenance Plan;
provided, however, that changes in planned work performance shall first be agreed
to by the parties.
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B.Deferred Maintenance
Programming of items of deferred maintenance may be initiated by either party and
will be agreed to at the annual meeting held to prepare the Annual Maintenance
Plan.
The parties will agree to the type and typical section of surfacing existing on the
roads. Responsibility for completing the review and agreement on existing
surfacing conditions resides with the parties responsible for the Annual
Maintenance Plan. For roads which are to be constructed or reconstructed under
the terms of the Road Right-of-Way Construction and Use Agreement or
supplements thereto, the type and typical section of surfacing which shall be
replaced as depleted through use or other causes will be recorded at the time of the
completion of the construction or reconstruction.
The method of financing deferred maintenance work will be in accordance with one
of the following options as agreed to in Annual Maintenance Plans and schedules.
Option 1 - Payment by the Cooperator to the Government as use occurs. Payment
will be made on the basis of a computed rate per Traffic Unit. At the time deferred
maintenance is accomplished by the Government and an actual cost is determined,
the Cooperator shall deposit additional funds if necessary to cover his share of the
cost. If costs are less than deposits on hand, Cooperator's excess deposits will be
retained by the Government for future maintenance work or may be refunded at the
Cooperator's option.
Option 2 - Payment by either party for their share of the cost of deferred
maintenance work, at the time the work is to be performed, to the party doing the
work. The method to be used to determine the cost of the work to be performed
will be selected by the parties in advance of work performance and will be in
accordance with one of the following methods.
Method A - Costs to be shared will be based on estimates agreed to prior to
work performance.
Method B - Costs to be shared will be determined by the lowest acceptable bid
offered. After agreement, any contract modification affecting costs will be
shared by both parties on the same basis.
When the Government will be the performing party, the Cooperator must deposit
with the Government its share of the estimated cost in advance of contract aware or
performance. When the Cooperator will be the performing party, the Government
will make payment to the Cooperator as the work is accomplished.
Partial payment may be made by the Government as work progresses and is
completed and accepted by the parties.
R-1 SUPPLEMENT 4
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Option 3 - Performance of deferred maintenance by either or both parties without
payment of or transfer of funds between parties. When planned work and the costs
and shares of each party are agreed to in advance of work performance, a party
performing work in excess of its share will be credited by the other party with all
estimated costs in excess of its share. These credits will be used to offset any other
agreed to maintenance costs. These credits will be agreed to in writing and
included in the Annual Account as provided for in Section II of the road
Right-of-Way Construction and Use Agreement.
When at any time the parties agree to reconstruction of a road or to perform
necessary restoration work, as provided for in Section 10 of the Road Right-of-Way
Construction and Use Agreement, or agree to reconstruction of a road to a higher
standard, each party's accrued deferred maintenance obligation for that road will be
included in determining each party's share of such additional expenditures for
reconstruction or restoration.
Section V. Special Clauses
1.
No member of, or Delegate to, Congress or Resident Commissioner shall be
admitted to any part or share of this agreement, or to any benefit that may arise
therefrom; but this provision shall not be construed to extend to this agreement if
made with a corporation for its general benefit.
2.
In performance of work, the Cooperator agrees to comply with the provision in
Form AD-369 which is attached and made a part of this agreement. In this form,
contractor means cooperator; and contracting officer and contracting agency means
Government.
3.
Nothing herein shall be construed as obligating the Government to explan and/or
involve the Government in any contract or other obligation for future payment of
money in excess of appropriations authorized by law and administratively allocated
for this work.
4.
Deposits made under terms of this agreement may be used for the payment of
necessary overhead expenses that are defined in advance.
Section VI - Terminations, Amendments, Modifications
1.The parties agree that this agreement may be terminated by either party upon at least 90
days prior written notice. Termination shall in no way affect obligations incurred
under this agreement until an agreed to settlement is made.
2.The terms and conditions of this agreement may be modified or amended to the extent
needed to meet the requirements of the parties. Such modifications and
amendments will not be effective until agreed upon in writing by both parties.
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IN WITNESS WHEREOF, the parties hereto have executed this Road Maintenance Agreement
in triplicate originals on the date first hereinabove written.
UNITED STATES OF AMERICA
/s/ Beryl Johnston
Acting Regional Forester
Forest Service
Department of Agriculture
By: /s/ Ted Schwinden
Governor of the State of Montana
Attest:
/s/ Jim Waltermire
Secretary of State
Countersigned by:
/s/ Dennis Hemmer
Commissioner of State Lands
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UNITED STATES DEPARTMENT OF AGRICULTURE
EQUAL OPPORTUNITY
The following clause is applicable unless this contract is exempt under the rules, regulations, and
relevant orders of the Secretary of Labor (41 CFE, Ch. 60).
During the performance of this contract, the Contractor agrees as follows:
(a)
The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The Contractor will take
affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, color, religion, sex or national origin.
Such action shall include, but not be limited to, the following employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship.
The Contractor agrees to post in conspicuous places, available to employees and applicants
for employment, notices to be provided by the Contracting Officer setting forth the
provisions of this Equal Opportunity clause.
(b)
The Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex or national origin.
(c)
The Contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, a notice, to be
provided by the agency Contracting Officer, advising the labor union or workers'
representative of the Contractor's commitments under this Equal Opportunity clause, and
shall post copies of the notice in conspicuous places available to employees and applicants
for employment.
(d)
The Contractor will comply with all provisions of Executive Order No. 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of
Labor.
FORM AD-369 (REV. 11-68)
FPR (41 CFR) 1-12,803-2
R-1 SUPPLEMENT 4
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AD-369 continued
(e)
The Contractor will furnish all information and reports required by Executive Order No.
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts by
the contracting agency and te Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
(f)
In the event of the Contractor's noncompliance with the Equal Opportunity clause of this
contract or with any of the said rules, regulations, or orders, this contract may be canceled,
terminated or suspended, in whole or in part, and the Contractor may be declared ineligible
for further Government contracts in accordance with procedures authorized in Executive
Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order No. 11246 or September 24, 1965, or by
rule, regulation, or order of the Secretary of Labor, as otherwise provided by law.
(g)
The Contractor will include the provisions of paragraphs (a) through (g) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Executive Order No. 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The Contractor will take such action with respect to any subcontract or purchase
order as the contracting agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance: Provided, however, that in the event the
Contractor becomes involved in, or is threatened with, litigation with a subcontractor or
vendor as a result of such direction by the contracting agency, the Contractor may request
the United States to enter into such litigation to protect the interests of the United States.
FORM AD-369 (REV. 11-68)
FPR (41 CFR) 1-12,803-2
Exhibit 4
LETTER OF AGREEMENT
STATE OF MONTANA/FOREST SERVICE
ROAD RIGHT-OF-WAY CONSTRUCTION AND USE AGREEMENT
This letter of Agreement documents/clarifies procedures and principles to be applied in cost
sharing under State of Montana/Forest Service Road Right-of-Way Construction and Use
Agreements.
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I.
State Lands (SL) - National Forest System Lands (NFSL)
Land
ownership
Constructed
by
Construction
authorization
Excess cost
credited to
NFSL
FS
-----
FS
NFSL
State
None
Mutual
NFSL
State
Project agreement
State
NFSL
State
Schedule A
Mutual
NFSL
State
Other "closed"
State (within the
construction permit
allotted period;
providing for otherwise mutual)
crediting excess
after termination.
NFSL
State & FS
None
Mutual
NFSL
Unknown or
third party
-----
FS
SL
State
-----
State
SL
FS
None
Mutual
SL
FS
Project agreement
FS
SL
FS
Schedule A
Mututal
SL
FS
Rawland easement
FS
SL
FS
Existing road
easement(State has
reserved commercial
commercial haul rights)
Mutual
SL
State & FS
None
Mutual
SL
Unknown or
third party
-----
State
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Exhibit 4--Continued
II.Third-Party Private Lands (Industry Cooperators Under Cost-Share Agreement With the
United States)
In situations where there are outstanding rights (joint ownership of roads) as a result of
cost sharing between the State and Industry cooperators, then:
- All involved parties will agree on one existing road value.
- State and Industry cooperators will agree on their respective intersts/ownershp in the
existing road.
NOTE: Under this arrangement, a party may be allocated a monetary
interest/ownership in the existing road even though it does not have an easement.
- Assign all uses not collectable by the United States to the road owner(s). This is
necessary because the United States is not authorized to assume any share in a road
which cannot be recovered from the using party(ies).
- Calculate shares under each agreement using the values assigned to the respective
parties.
III.Third-Party Private Lands (All Others)
A. When the State has an outstanding, permanent, rawland, third-party easement that
was acquired prior to supplement negotiations and the easement is adequate for State needs but
does not convey sufficient rights for an exchange of easements under cost share, then:
- The United States will secure the necessary additional rights.
- Do not share either party's acquisition costs.
- The State will subordinate its outstanding third-party easement.
- Share planned construction.
B. When the State has an outstanding, permanent, existing road, third-party easement
that was acquired prior to supplement negotiations and the easement is adequate for State needs
but does not convey sufficient rights for an exchange of easements under cost share, then:
The United States will secure the necessary additional rights.
Do not share either party's acquisition costs.
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Consider the existing road mutually shared.
The State will subordinate its outstanding third-party easement rights to the United States
in consideration for the grant of a standard form cost-share easement as provided for in the
Road Right-of-Way Construction and Use Agreement. This will make the responsibility,
rules and regulations uniform over the entire length of the road. Refer to Exhibit 1 sample CONSENT AND SUBORDINATION AGREEMENT.
- Share planned reconstruction.
C.
When either party has a permanent, rawland, third-party easement that was
acquired prior to the start of supplement negotiations and the easement conveys all the rights
needed to grant easements to others, control use by others, and authority to permit use by the
public, then:
Share planned construction.
D.
When either party has a permanent, existing road, thrid-party easement that was
acquired prior to the start of supplement negotiations and the easement conveys all the rights
needed to grant easements to others, control use by others, and authority to permit use by the
public, then:
- Share reasonable acquisition costs, including those for condemnation.
- Credit the easement holder with the existing road.
- Share planned construction.
E.
When either party acquires a permanent, rawland, third-party easement after
supplement negotiations have begun and the easement conveys all the rights needed to grant
easements to others, control use by others, and authority to permit use by the public, then:
- Share reasonable acquisition costs, including those for
condemnation
- Share planned construction.
F.
When either party acquires a permanent, existing road, third-party easement after
supplement negotiations have begun and the easement conveys all the rights needed to grant
easements to others, control use by others, and authority to permit use by the public, then:
- Share reasonable acquisition costs, including those for
condemnation.
- Consider the existing road mutually shared.
- Share planned reconstruction.
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Land
Ownership
Permit
Credit fees to
NFSL
State has/had a Road Use
Permit (FS-7700-41) with
an active "cost-share
credit" clause and has
paid cost-recovery fees.
State (State assumes share for
prior road use)
NFSL
State has/had a Road Use
Permit without a "costshare credit" clause or
with a now inactive
clause.
No credit. (FS assumes share for
prior road use)
SL
FS has/had a road use
permit with an active
"cost-share credit"
clause and has paid fees.
FS (FS assumes share for prior
road use)
SL
FS has/had a road use
permit without a "cost-for
credit" clause or with a
now inactive clause.
No credit. (State assumes share
prior road use).
BY: /s/ John T. Drake
for Regional Forester
Region 1, USDA
2/2/87
Date
BY: /s/ Gary G. Brown
State Forester
State of Montana
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3/3/87
Date
EXHIBIT 1
CONSENT AND SUBORDINATION AGREEMENT
WHEREAS, ________________________________________ hereinafter called the
"CONSENTER," has an interest in or lien upon the real property hereinafter described by virtue
of a (1) ________________________ dated _____________________, 19____, and recorded
______________________, 19____, in Book ___, page ____, (2)____________________
Records of ____________________ County, State of ____________________, and which
interest or lien covers the following-described real property situated in the County of
____________________, State of ____________________, to wit:
(Township, Range, Section, Subdivision)
WHEREAS, ________________________________________ hereinafter called the
"GRANTOR," has conveyed to the United States of America, hereinafter called the
"GRANTEE," an easement for right-of-way purposes over the across said real property by virtue
of instrument dated ____________________, 19____, and recorded ____________________,
19____, in Book ____, page ____, ____________________ County Records, State of
____________________.
WHEREAS, the Consenter consents to the above-mentioned conveyance from the Grantor to the
Grantee and suborindates its interest in or lien upon the real property hereinbefore described to
the rights of the Grantee in and to said real property by virtue of the above-mentioned
instrument.
THEREFORE, the Consenter consents to the above-mentioned conveyance from the Grantor to
the Grantee and suborindates its interest in or lien upon the real property hereinbefore described
to the rights of the Grantee in and to said real property by virtue of the above-mentioned
instrument.
IN WITNESS WHEREOF, the Consenter has caused this instrument to be executed this
________ day of ____________________, 19____.
(Corporation Name)
(SEAL)
By
Title
Attest:
Secretary
(APPROPRIATE ACKNOWLEDGMENT)
(1) Insert type of document; i.e., oil and gas lease, etc.
(2) Show deed, lease, or delete line as appropriate.
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Exhibit 5
AMENDED
COOPERATIVE ROAD AGREEMENT
STATE OF IDAHO, DEPARTMENT OF LANDS
USDA FOREST SERVICE, NORTHERN REGION
USDA FOREST SERVICE, INTERMOUNTAIN REGION
This Cooperative Road Agreement establishes the broad cost-share concepts, principles and
procedures for the granting of road rights-of-way between the parties in association with the
development and use of mutual transportation systems.
/s/ John Chansler
(for) JAMES C. OVERBAY, Regional Forester
Northern Region
/s/ Stanley F.Hamilton
STANLEY F. HAMILTON, Director
Idaho Department of Lands
/s/ T.A. Roederer
(for) J. S. TIXIER, Regional Forester
Intermountain Region
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I.INTRODUCTION
This agreement sets forth a cooperative approach for the granting of road rights-of-way between
the Forest Service and Department of Lands. The general principles are:
1.
2.
3.
4.
Each party is assured ingress and egress by easement grants.
The two parties desire to develop and use mutual road systems in cooperation with
each other whenever such systems serve or can be made to serve the needs of both.
The easements given will be in standardized formats developed by the granting
party.
The easements will reflect shared costs.
II.EASEMENTS
A. Instrument
1.
2.
3.
4.
Forest Service grant involving a "Forest Development Road" (Exhibit I).
Forest Service grant not involving a "Forest Development Road" (Exhibit II).
State cost-share grant (Exhibit III).
State noncost-share grant (Exhibit IV).
B. Plat. The plat combines a visual representation of the easement right-of-way on the
ground. The objective of the plat is to identify the road(s) being conveyed to the
exclusion of other roads. On a case basis, the plat should exceed the minimum
requirements set forth below when conditions exist such as additional, applicable
data or complicated landownership such as subdivision.
1. Centerline Survey. A centerline survey of the road geometry is not required.
The centerline survey may be used to plot the road location.
2. Property Corners and Lines. A diligent search for property corners will be
made and all ties will be on property lines. The centerline of each road on the plat shall be
referenced to the land net by at least two field or photogrammetric ties to found corners except
that if the centerline of the road is intersected at only one point by a property line, only one
measured tie to a found corner is required.
Property ties are not required when the easement is for an existing road(s) shown on an
orthopohoto(s) or USGS quad map(s) from which the plat is prepared.
3. Survey Requirements. The positional accuracy of the measurement will be
commensurate with the survey method used or the value of the land and shall not exceed 0.4
percent of the straight line distance from the found corner to the road along the subdivision line
up to a maximum positional tolerance of 20 feet.
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4. Plat Base. The base for the plat will be an orthophoto of 1/24,000 or larger scale, a
Forest Service primary base map, or a 7.5-minute USGS quad. The scale of the actual plat shall
be 2 inches equals 1 mile or larger.
The road(s) will be drafted on the base using centerline traverse or other survey data,
photogrammetric techniques or topographic information. When a base map(s) is used in
drafting the road location(s), the topographic contours and land features will be shown.
The original plat will be registered to the base by identifying the orthophotograph or map used
and two points of alignment. It will be showing in such a manner that legible prints up to a
maximum size of 18" x 27" may be reproduced. The plat will show the road location, road
number, property lines, 40-acre or lot subdivision, found corners, ties and base map name.
Each sheet of the plat should have a title block containing:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
U.S. Department of Agriculture, Forest Service
Region and Forest
Name and number of project
Location of project by section, township, range and meridian
State and county
Date of plat
Preparer block
Approval block
Sheet number and number of total sheets in project
Scale of plat
Each plat should contain a legend showing:
a.
The meaning of symbols used to depict corners, roads, buildings, trails, streams, fences, etc.
b.
Shading or hatching symbols used to show the easement area.
c. Line weight and style used to show road centerline, right-of-way limits, section lines,
1/4 section lines, etc.
d.
The photo symbols and place of filing if done photogrammetrically.
The name of each grantor should appear on each parcel or 1/4 1/4 section or Government lot
exactly as it will appear on the easement. Lands administered by the Forest Service should be
labled by their correct National Forest (or grassland) name, or as National Forest System lands
(NFSL). Lands administered by the Bureau of Land Management should be shown as "U.S.
Public Land." State of Idaho lands should be shown as "State."
C. Right-of-Way Width. The normal right-of-way width granted by each party wil be 66
feet. Exceptions may be necessary, however, in specific cases.
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III.
PRINCIPLES
A. Share. The share assigned to each party will be based on its acres of land tributary to
the road(s). Other ownership tributary acres will not be included in the calculations or assigned
to either party.
B. Land Value. The land value within the right-of-way will be included as a cost to be
shared.
C. Cost Guide. The current Forest Service cost guide will be used for estimating the road
costs. An exception is where a previous agreement on the road was entered into and the costs
were established at that time.
In valuing an existing road, allowances for preconstruction and construction engineering will be
the same for a given standard of road regardless of the engineering method used to arrive at the
final product.
IV.
APPLICATION OF PRINCIPLES
A. Existing Road
1.
No Reconstruction Required. The costs to be shared are:
a. Land value within the right-of-way.
b. Current reproduction cost, except when the past cost was previously agreed to
as noted in Section III, C, above.
Reproduction cost is the present-day cost of reproducing the road in its present condition. The
total cost includes elements such as:
(1) Cost of clearing, excavating, grading, draining, stabilizing slopes and
surfacing.
(2) Depreciated cost of structures such as bridges and culverts.
(3) Cost allowance for preconstruction and construction engineering
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Example No. 1
CALCULATION OF SHARES
Share Percentages
State tributary acres
4,000
National Forest System tributary acres
6,000
(Third party tributary acres amounting to
5,000 is not applicable)
Total applicable tributary acres
State share
United States share
10,000
40%
60%
Total percent
100%
Costs to be Shared
Miles of road (all on State land)
5
Reproduction cost of road (built by State)
$88,000
Land value (within right-of-way)
$ 12,000
Total cost to be shared
$100,000
Share Amounts
State $100,000 x 40%
$ 40,000
United States $100,000 x 60%
$ 60,000
Total
$100,000
Net Result
Party
Credit
Owe
Net
State
$100,000
$40,000
+ 60,000
0
$100,000
$60,000
$100,000
- 60,000
0
United States
Total
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The net result is the United States owes the State $60,000.
Example No. 2
CALCULATION OF SHARES
Share Percentages
(Same as example 1 above.)
Costs to be Shared
(Same as example 1 above except the 5 miles of road across State land was built by the United
States rather than the State.)
Share Amounts
(Same as example 1 above.)
Net Result
Party
Credit
Owe
Net
State
$ 12,000
$ 40,000
- $28,000
United States
$ 88,000
$ 60,000
- $28,000
Total
$100,000
$100,000
0
The net result is the United States owes the State $28,000.
2.
Reconstruction Required. The costs to be shared are:
a.
Land value within the right-of-way.
b.
Contribution value. Contribution value is the value which road segments or
cost elements (defined in item 1, b, directly aobve) contribute to the planned reconstructed road.
c.
Planned reconstruction costs.
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Example No. 3
CALCULATION OF SHARES
Share Percentages
State tributary acres
4,000
National Forest System tributary acres
6,000
(Third party tributary acres amounting to
is not applicable)
5,000
Total applicable tributary acres
10,000
State share
United States share
40 %
60 %
Total
100%
Costs to be Shared
Miles of road (all on State land)
3
Reproduction cost of road (built by State)
$35,000
Land value (within right-of-way)
$ 7,000
Total cost to be shared
$70,000
Share Amounts
State $70,000 x 40%
$28,000
United States $70,000 x 60%
$42,000
Total
$70,000
Net Result
Party
Credit
Owe
Net
State
$42,000
$28,000
+ $14,000
United States
$28,000
$42,000
- $14,000
$70,000
$70,000
0
Total
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The net result is the United States owes the State $14,000.
Example No. 4
CALCULATION OF SHARES
Share Percentages
(Same as example 3 above.)
Costs to be Shared
Miles of road (2 on State land; 1 on National Forest land)
3
Contribution value of the existing road
($20,000 across State land built by the State;
$15,000 across NFS land built by the United States)
$35,000
Reconstruction cost (reconstruction be accomplished
by the United States)
$28,000
Land value (within the right-of-way;
$5,000 on State land/ $2,000 on NFS land)
$ 7,000
Total cost to be shared
$70,000
Share Amounts
(Same as example 3 above.)
Net Result
Party
Credi
tOwe
Net
State
$25,000
$28,000
- $3,000
United States
$45,000
$42,000
+ $3,000
$70,000
$70,000
0
Total
The net result is the United States owes the State $3,000.
B. New Construction. The costs to be shared are:
1. Land value within the right-of-way.
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2. Planned construction costs.
V.METHODS OF PAYMENT
The share of estimated costs to be borne by each party, whether the road is already constructed or
is to be constructed, may be paid by one or a combination of the following three methods:
A. Reciprocal Exchange of Easements (Offsetting Credits). When a reciprocal exchange
of easements is involved in the project proposal, then the first method of payment used will be
the offsetting of credits. Any remaining net credit owed will be paid through methods B or C
below.
B. Cash Payment
C. Collection Right. The collection right in the easement will be accomplished by
haulers paying, at rates mutually agreed upon, as timber or other commercial products are
transmitted over the road(s). Such payments shall be collected by the party owing and paid to
the other.
To insure a party will have paid its share of costs prior to the removal of all of the timber from its
tributary lands, the collection rate will be based on accelerated amortization of costs over 80
percent of the owing party's estimated timber to be hauled over the road(s) in the next 20 years.
VI.
MAINTENANCE
Maintenance shall be performed on a jointly financed road(s) in accordance with the provisions
of the associated right-of-way easement(s) and pursuant to the provisions of a Road Maintenance
Agreement(s) separately entered into. The Road Maintenance Agreement(s) will be kept current
and include as a minimum:
A. Maintenance Plan(s) for the coming season which will include the work to be
performed and estimated cost of doing it.
B. The method of measuring total use and the means of apportioning such total use to
each party in order to comply with the easement(s) covering the jointly financed road(s).
C. Designation of the maintainer (Forest Service or State) and road(s), road segments, or
classes of work for which it is responsible.
D. How the planned program is to be financed.
Use by a party's licensee(s) will be the maintenance responsibility of that party.
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VII. RESTORATION
If significant damage or destruction occurs to any portion of a road jointly financed, the parties
will establish the restoration work to be performed and the share to be borne by each. A
cooperative agreement for the project will be developed.
VIII.PAST PROJECT AGREEMENT ROADS
The roads discussed in this section are those which:
A. Were under the terminated 1969 Cooperative Road Agreement; and,
B. One or both parties expended funds for construction or reconstruction; and,
C. No easements have been granted between the parties; and,
D. Had or should have had Project Agreements.
The goal is to complete action on these roads by sharing costs and exchanging easements as soon
as possible within the next 2-3 years. However, priority will be given to meet either party's
current program needs.
IX. TERMINATION
This agreement may be terminated by either party upon at least ninety (90) days prior written
notice, except that such termination shall in no way affect any permit, right-of-way grant, or
easement deed that may have been executed by either party hereto prior to such notice, or any
other operations dependent upon its continuance, which are in progress at time of notice;
provided, that such termination shall in no way affect the agreement of the parties hereto with
respect to any obligations incurred under this agreement until a full settlement has been made.
X. It is mutually agreed and understood by and between the said parties that:
A. To comply with Public Law 91-190, the National Environmental Policy Act of
1969, the cooperatory and Forest Service agree to direct their program activities covered by this
agreement toward managing and enhancing the environment for the widest range of beneficial
uses without its degradation or risk to health or safety or other undesirable consequences. The
cooperator further agrees to assist the Forest Service in the preparation of environmental
statements as required by section 102(2)(c) of P.L. 91-190 for all major Federal actions taken
under this agreement which might significantly affect the quality of the human environment or
be highly controversial in regard to unresolved conflicts concerning the use of resources.
B. Nothing in this agreement shall be construed as obligating the Forest Service to
expend, or as involving the United States in any obligation for future payment of money, in
excess of appropriations authorized by law.
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C. Nothing in this agreement shall be construed as obligating the Department of
Lands to expend, or as involving the State of Idaho in any obligation for future payment of
money, in excess of appropriations authorized by law.
D. No member of, or delegate to, Congress or Resident Commissioner, shall be
admitted to any share or part of this agreement, or to any benefit that may arise therefrom; but
this provision shall not be construed to extend to this agreement if made with a corporation for
its general benefit.
E. This agreement may be revised as necessary, by mutual consent of all parties, by
the issurance of a written amendment, signed and dated by all parties.
EXHIBIT I
ROAD EASEMENT
(Involving a Forest Development Road)
WITNESSETH:
WHEREAS, Grantee has applied for a grant of an easement under the Act of October 13, 1964
(78 Stat. 1089; 16 U.S.C. 532-538), for a road over certain lands or assignable easements owned
by the United States in the County of _________________________, State of
_________________________, and administered by the Forest Service, Department of
Agriculture.
NOW THEREFORE, Grantor, for and in consideration of 1________________ received by
Grantor, does hereby grant to Grantee, subject to existing easements and value rights, an
easement for use of a road, whether existing or as constructed or reconstructed, over and across
the following described lands in the County of _________________________, State of
________________________:
The location of the road is shown approximately on exhibit ____ attached hereto.
Said easement shall be ____________ on each side of the centerline with such additional width
as required for accommodation and protection of cuts and fills. If the road is located
substantially as described herein, the centerline of said road as constructed is hereby deemed
accepted by Grantor and Grantee as the true centerline of the easement granted.
____________________
1 Insert the "the grant of reciprocal rights-of-way and the sum of (amount owed)" if a collection
right is not provided and payment is to be made on a cash basis.
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Insert "the grant of reciprocal rights-of-way and the sum of one dollar ($1.00)" if a collection
right is provided and payment is to be made as products are hauled over the road(s).
The grant is made subject to the following terms, provisions, and conditions applicable to
Grantee: its permittees, contractors, successors in interest and assigns:
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A. Except as hereinafter limited, Grantee shall have the right to use the road for all
purposes deemed necessary or desirable by Grantee in connection with the protection,
administration, management, and utilization of Grantee's lands and resources served by this road,
now or hereafter owned or controlled, subject to such traffic control regulations and rules as
Grantor may reasonably impose upon or require of other users of the road without unreasonably
reducing the rights herein granted.
B. Grantee shall comply with all applicable State and Federal laws, and existing
Executive Orders, and Federal rules and regulations.
C. Grantee shall pay the Grantor for its share of maintenance cost or perform
maintenance, as determined by the Grantor. The maintenance obligation of the Grantee shall be
proportionate to total use, and the Grantee shall not be required to perform or bear the costs of
maintenance other than that commensurate with its use. Any maintenance performed by the
Grantee will be authorized by and will be performed in accordance with an approved
maintenance plan. In the event the road requires maintenance, restoration, or reconstruction
work to accommodate the Grantee's needs, the Grantor will authorize the work required in the
same manner as provided herein for maintenance or in clause G for reconstruction.
D. 1(Grantee) (Grantor) shall pay the (Grantor) (Grantee) for its share of construction or
reconstruction or the road(s) for timber or other materials when removed from (Grantee's)
(Grantor's) lands at the rate of $______________per M board feet or equivalent unit of measure
for its products hauled over the road(s) or at such higher rates as may be approved by (Grantee)
(Grantor) until such time as the amounts paid shall total $____________.
E. Upon change of ownership of any of the Grantee's land or resources served by this
road, the rights granted under this easement can be transferred or assigned to the new owner,
upon written notification to the Regional Forester.
F. The exercise of the rights granted shall be subordinate to any easement on said road
subsequently granted by the United States to a public road agency for operation as a public
highway.
_______________
1 Strike out if not applicable.
G. Any construction or reconstruction of the road to be used shall be in accordance with
plans, specifications, and written stipulations approved by the Regional Forester prior to
beginning such construction or reconstruction.
H. The rights herein conveyed do not include the right to use the road for access to
developments used for short- or long-term residential purposes, unless and until traffic control
regulations, rules, and other provisions to accommodate such use of the road are agreed upon by
the Grantor and Grantee.
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This easement is granted subject to the following reservations by Grantor, for itself, its
permittees, contractors, and assigns:
1. The right to use the road for all purposes deemed necessary or desirable by Grantor in
connection with the protection, administration, management, and utilization of Grantor's lands or
resources, now or hereafter owned or controlled.
2. The right alone to extend rights and privileges for use of the premises to other
Government departments and agencies, States, and local subdivisions thereof, and to other users
including members of the public; provided that such use shall be controlled by Grantor so as not
unreasonably to interfere with Grantee's use of the road.
3. The right to all timber now or hereafter growing on the right-of-way for the road,
provided the Grantee shall have the right to cut timber to the extent necessary in accordance with
construction stipulations or the approved maintenance plan.
4. The right to relocate the road constructed on this easement to the extent necessary to
accommodate the management needs of the National Forests. It is agreed that the centerline of
this easement will shift to follow the centerline of the relocated road and will be accepted as the
true centerline of the easement granted.
The grant of a right to use the road described in this easement does not create an obligation on
the Grantor to maintain the road in a usable condition.
It is further understood and agreed that in the event the herein described easement is not used for
the herein speicified purposes for a 5-year period, the Regional Forester may declare, in writing
and in recordable form, such right-of-way forfeited and the use of the land will revert back to the
United States of America or to the record owner of the land.
IN WITNESS WHEREOF, the Grantor, by its Forest Supervisor, ____________________
National Forest, Forest Service, has executed this easement pursuant to the delegation of
authority to the Chief, Forest Service, 7 CFR 2.60, and the delegation of authority by the Chief,
Forest Service, dated August 22, 1984 (49 FR 34283), on the day and year first above written.
UNITED STATES OF AMERICA
SEAL
By _________________________
Forest Supervisor
_____________ National Forest
Department of Agriculture
(Appropriate Acknowledgment)
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EXHIBIT II
ROAD EASEMENT
(Not Involving a Forest Development Road)
THIS EASEMENT, dated this __________ day of _________________________, 19____,
from the United States of America, acting by and through the Forest Service, Department of
Agriculture, hereinafter called Grantor, to
_________________________________________________________________________a
_________________________ of the State of _________________________, and its
contractors, assignees, and successors in interest, hereinafter collectively called Grantee.
WHEREAS, Grantee has applied for a grant of an easement under the Act of October 13, 1964
(78 Stat. 1089, 16 U.S.C. 532-538), for a road over certain lands owned by the United States in
the County of _________________, State of ________________________________, and
administered by the Forest Service, Department of Agriculture.
NOW THEREFORE, Grantor, for and in consideration of _________________________ does
hereby grant to Grantee, its successors and assigns, and to successors in interest to any lands now
owned or hereafter acquired by Grantee subject to existing easements and valid rights, a
perpetual easement for a road along an across a strip of land, over and across the following
described lands in the County of ___________________________________, State of
_____________________:
1(The location of said easement is shown1 (approximately) on exhibit _____ attached hereto.)
1(Said premises are more specifically described by a centerline description contained in exhibit
_____ attached hereto.)
Said easement shall be _________________________ on each side of the centerline with such
additional width as required for accommodation and protection of cuts and fills. If the road is
located substantially as described herein, the centerline of said road as constructed is hereby
deemed accepted by Grantor and Grantee as the true centerline of the premises granted.
This grant is made subject to the following terms, provisions, and conditions applicable to
Grantee:
__________________________________
1 Leave out the parenthesized words if not applicable.
A. Grantee shall comply with all applicable State and Federal laws, Executive Orders, and
Federal rules and regulations, except that no future administrative rule or regulation shall
unreasonably reduce the rights herein expressly granted.
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B. Grantee shall have the right to cut timber upon the premises to the extent necessary for
constructing, reconstructing, and maintaining the road. Timber so cut shall, unless otherwise
agreed to, be cut into logs of lengths specified by the timber owner and decked along the road for
disposal by the Grantor.
C. Grantee shall have the right to use the road on the easement without cost for all purposes
deemed necessary or desirable by Grantee in connection with the protection, administration,
management, and utilization of Grantee's lands and resources, now or hereafter owned or
controlled.
D. Upon the change of ownership of the Grantee's land served by this road, the rights granted
under this easement can be transferred or assigned to the new owner upon written notification to
the Regional Forester.
E. The Grantee shall maintain the right-of-way clearing by means of chemicals only after
specific written approval has been given by the Regional Forester. Application for such
approval must be in writing and specify the time, method, chemicals, and the exact portion of the
right-of-way to be chemically treated.
F. The Grantee shall provide maintenance so that damage will not result on adjacent National
Forest land. Lead-off drainage and water barriers will be constructed and maintained as
necessary to prevent erosion.
G. All construction or reconstruction of the road shall be in accordance with plans,
specifications and written stipulations approved by the Regional Forester prior to beginning such
construction or reconstruction.
H. The rights herein conveyed do not include the right to use the road for access to
developments used for short- or long-term residential purposes, unless and until traffic control
regulations, rules, and other provisions to accommodate such use of the road are agreed upon by
the Grantor and Grantee.
The foregoing notwithstanding, this easement is granted subject to the following reservations
by Grantor, for itself, its permittees, contractors, and assignees:
1. The right to use the roads without cost for all purposes deemed necessary or desirable by
Grantor in connection with the protection and administration of Grantor's lands or resources,
now or hereafter owned or controlled, provided use for commercial hauling purpose other than
the removal of timber cut in construction or maintenance of the road or other occasional
incidental use, will be made only after arrangements have been made to pay or perform its pro
rata share of road construction costs.
2. The right alone to extend rights and privileges for use of the road constructed on the
premises to other users provided that such users will be required to pay a fair share of the current
replacement cost less depreciation of the road to the Grantee and to reconstruct the road as
necessary to accommodate their use.
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3. The Grantor retains the right to occupy and use the right-of-way, and to issue or grant
rights-of-way for other land uses, for other than road purposes, upon, over, under, and through
the easement area provided that the occupancy and use will not unreasonably interfere with the
rights granted herein.
4. The right to cross and recross the premises and road at any place by any reasonable means
and for any purpose in such manner as will not unreasonably interfere with use of the road.
5. The right to all timber now or hereafter growing on the premises, subject to Grantee's right
to cut such timber as hereinbefore provided.
It is further understood and agreed that in the event the herein described easement is not used for
the herein specified purposes, for a 5-year period, the Regional Forester may delcare, in writing
and in recordable form, such right-of-way forfeited and the use of the land will revert back to the
United States of America or to the record owner of the land.
IN WITNESS WHEREOF, the Grantor, by its Forest Supervisor, __________________
National Forest, Forest Service, has executed this easement on the day and year first above
written pursuant to the delegation of authority to the Chief, Forest Service, 7 CFR 2.60, and the
delegation of authority by the Chief, Forest Service, dated August 22, 1984 (49 FR 34283).
UNITED STATES OF AMERICA
SEAL
By _________________________________
Forest Supervisor
_________________ National Forest
Department of Agriculture
(APPROPRIATE ACKNOWLEDGMENT)
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EXHIBIT III
STATE OF IDAHO EASEMENT
(Cost Share)
No. ____________
On this __________ day of ______________________________, 19____, the State of Idaho,
acting by and through the State Board of Land Commissioners (hereinafter "Grantor"), for and in
consideration of 1 _____________________, received by Grantor, hereby grants to the United
States of America, and its assigns (hereinafter "Grantee"), an easement and right-of-way for a
road to be constructed, improved, used, operated, patrolled and maintained and known as
_____________________________________________________________________________
Road No. __________, ____________ feet in width with such additional width as is necessary to
protect cuts and fills, on, over, and across the following described premises situated in the
County of _____________________________, State of Idaho:
The acquiring agency is the Forest Service, Department of Agriculture.
This right-of-way shall be in conformity with and located upon the ground according to the
survey line, the figures, measurements, widths, and other references shown on the plat hereto
attached and incorporated by references.
If the road is located substantially as described herein, the centerline of the road as
constructed is hereby deemed accepted by the Grantor as the true centerline of the easement
granted.
2(Grantee) (Grantor) shall pay the (Grantor) (Grantee) for its share of construction or
reconstruction of the road(s) for timber or other materials when removed from (Grantee's)
(Grantor's) lands at the rate of $____________ per M board feet or equivalent unit of measure
for its products hauled over the road(s) or at such higher rates as may be approved by (Grantee)
(Grantor) until such time as the amounts paid shall total $____________.
The maintenance obligation of the Grantor shall be proportionate to total use, and the Grantor
shall not be required to perform or bear the costs of maintenance other than that commensurate
with its use. Any maintenance performed by the Grantor will be performed in accordance with
an approved maintenance plan.
1Insert "the grant of reciprocal rights-of-way and the sum of (amount owed)" if a collection right
is not provided and payment is to be made on a cash basis. Insert "the grant if reciprocal
rights-of-way and the sum of one dollar ($1.00)" if a collection right is provided and payment is
to be made as products are hauled over the road(s).
2Strike out if not applicable.
2
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This conveyance is made subject to the following reservations:
1. The Grantor reserves to itself, its successors and assigns, the right to construct and
maintain such spur roads over, through, or across the aformentioned right-of-way as it may deem
necessary in the administration of its adjoining land and/or in the removal of timber and forest
products therefrom, provided that such spur road construction will not disturb or hamper use of
said road.
2. The right to use the roads without cost for all purposes deemed necessary or desirable by
Grantor in connection with the protection and administration of Grantor's lands or resources,
now or hereafter owned or controlled, provided use for commercial hauling purpose other than
the removal of timber cut in construction or maintenance of the road or other occasional
incidental use, will be made only after arrangements have been made to pay its pro rata share of
the road construction costs.
It is further understood and agreed that in the event the herein described easement is not used
for the herein specified purposes, for a 5-year period, the State Board of Land Commissioners
may declare, in writing and in recordable form, such right-of-way forfeited and the use of the
land will revert back to the State of Idaho or to the record owner of the land.
IN WITNESS WHEREOF, the State Board of Land Commissioners has executed this
easement by its President, the Governor of the State of Idaho, and countersigned by the Secretary
of the State of Idaho and the Director, Department of Lands of the State of Idaho.
STATE BOARD OF LAND
COMMISSIONERS
__________________________________
Governor of the State of Idaho and President of
the State Board of Land Commissioners
COUNTERSIGNED:
_________________________________
Secretary of State
_________________________________
Director, Department of Lands
3
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STATE OF IDAHO
COUNTY OF ADA
)
) ss.
)
On this __________ day of ___________________________________, 19____, before me, a
Notary Public in and for said State, personally appeared ______________, known to me to be
the Governor of the State of Idaho and President of the State Board of Land Commissioners;
_________________________________ known to be to be the Director of the Department of
Lands of the State of Idaho; ___________________________________________________,
known to be to be Secretary of State, State of Idaho, that executed the said instrument and
acknowledge to me that they executed same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal on the day and year last
written above.
_______________________________
Notary Public, residing at
My Bond Expires _______________________
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EXHIBIT IV
STATE OF IADHO EASEMENT
(Noncost Share)
No. ____________
On this ____________ day of ________________________________________, 19____, the
State of Idaho, acting by and through the State Board of Land Commissioners (hereinafater
"Grantor"), for and in consideration of ________________________, received by Grantor,
hereby grants to the United States of America, and its assigns (hereinafter "Grantee"), an
easement and right-of-way for a road to be constructed, improved, used, operated, patrolled and
maintained and known as ______________________________ Road No. ______________,
_____________ feet in width with such additional width as is necessary to protect cuts and fills,
on, over, and across the following described premises situated in the County of
_________________________________, State of Idaho:
The acquiring agency is the Forest Service, Department of Agriculture.
This right-of-way shall be in conformity with and located upon the ground according to the
survey line, the figures, measurements, widths, and other references shown on the plat hereto
attached and incorporated by reference.
If the road is located substantially as described herein, the centerline of the road as constructed
is hereby deemed accepted by the Grantor as the true centerline of the easement granted.
This conveyance is made subject to the following reservations:
1. The Grantor reserves to itself, its successors and assigns, the right to construct and
maintain such spur roads over, through, or across the aforementioned right-of-way as it may
deem necessary in the administration of its adjoining land and/or in the removal of timber and
forest products therefrom, provided that such spur road construction will not disturb or hamper
use of said road.
2. The Grantor reserves to itself, its successors and assigns, all timber on said right-of-way.
Said timber to be removed in connection with the construction, reconstruction, and maintenance
of said road shall be cut by the Grantee or its assigns, into sawlogs to specifications and sizes as
instructed by the Grantor and decked along the right-of-way at places suitable for loading.
2
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It is further understood and agreed that in the event the herein described easement is not used
for the herein specified purposes, for a 5-year period, the State Board of Land Commissioners
may declare, in writing and in recordable form, such right-of-way forfeited and the use of the
land will revert bck to the State of Idaho or to the record owner of the land.
IN WITNESS WHEREOF, the State Board of Land Commissioners has executed this
easement by its President, the Governor of the State of Idaho, and countersigned by the Secretary
of the State of Idaho and the Director, Department of Lands of the State of Idaho.
STATE BOARD OF LAND COMMISSIONERS
_________________________________________
Governor of the State of Idaho
and President of the State Board of Land
Commissioners
COUNTERSIGNED:
________________________________
Secretary of State
________________________________
Director, Department of Lands
____________
1Insert "the grant of reciprocal rights-of-way and the sum of (amount owed)" if a collection right
is not provided and payment is to be made on a cash basis. Insert "the grant of reciprocal
rights-of-way and the sum of one dollar ($1.00)" if a collection right is provided and payment is
to be made as products are hauled over the road(s).
2Strike out if not applicable.
3
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STATE OF IDAHO
COUNTY OF ADA
)
) ss.
)
On this __________ day of ___________________________________, 19____, before me, a
Notary Public in and for said State, personally appeared _________________________, known
to me to be the Governor of the State of Idaho and President of the State Board of Land
Commissioners; _______________________ known to be the Director of the Department of
Lands of the State of Idaho; ___________________________________________________,
known to be Secretary of State, State of Idaho, that executed the said instrument and
acknowledge to me that they executed same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal on the day and year last
written above.
_______________________________
Notary Public, residing at
My Bond Expires ______________________________
61--79
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Exhibit 6
ROAD MAINTENANCE AGREEMENT
THIS ROAD MAINTENANCE AGREEMENT is entered into this ____________ day of March
26, 1987, by and betweeen the STATE OF IDAHO, Department of Lands, hereinafter referred to
as the "Cooperator," and the UNITED STATES OF AMERICA, Regions 1 and 4 of the United
States Forest Service, Department of Agriculture, hereinafter referred to as the "Government,"
under authority of the Act of June 4, 1897, 30 Stat. 35, 16 U.S.C. 551; the Act of April 24, 1950,
64 Stat. 83, 16 U.S.C. 572; and, the Act of October 13, 1964, 78 Stat. 1089, 16 U.S.C. 535-538.
WHEREAS, the parties entered into a Cooperative Road Agreement dated March 20,
1984, and,
WHEREAS, the parties hereto share Easements for certain roads, and,
WHEREAS, these Easements envision the parties' performance of maintenance and
required preservation of the roads for future use, and,
WHEREAS, it is mutually deemed necessary for the parties to make provision for
maintaining and apportioning costs of maintenance for such roads,
NOW, THEREFORE, in accordance with these premises and in consideration of the
mutual benefits to be derived, the parties agree to the following General Principles of Road
Maintenance.
THIS AGREEMENT shall apply to all roads where the Government and the Cooperator
have joint road use rights by virtue of existing Easements. It is the intent that this agreement
shall also apply to all future roads when Easements are exchanged. It is also the intent that such
roads shall be maintained to a condition of serviceability to provide for the intended use of the
facility, prevent and correct erosion to the roads and adjacent lands, and assure safe and efficient
use of the road.
Section I - Explanation of Terms
Road Maintenance - The performance of work activities needed to preserve or protect a
roadway including surface and shoulders, roadside, structures, and such traffic-control devices as
are necessary for its safe and efficient utilization ot the standard provided through construction,
the most recent reconstruction, or other condition as agreed.
Recurrent Maintenance - Work that is predicted to be needed on a continuing basis with
accomplishment annually or more frequently.
Deferred Maintenance - Work which can be deferred, without loss of road serviceability,
until such time as the work can be economically or efficiently performed. By way of example,
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bridge painting, deck repair, brush removal, and surface replacement are deferred maintenance
items.
Traffic Generated Maintenance - Work, except Extraordinary Maintenance, made
necessary as a direct result of, or to minimize the effect of, use and wear by traffic during
Normal Use Periods.
Non-Traffic Generated Maintenance - Work made necessary as a direct result of normal
weathering processes or uncontrollable off-site influences that cannot be attributed to traffic use.
Extraordinary Maintenance - Work necessary to restore road serviceability and repair to an
acceptable condition where Extraordinary Damage has been caused by a party's operation of
equipment on the road for which the road was not designed or intended, or operations during
Non-Operating Periods for which use was not anticipated or provided for. Also included is
damage caused by a party's improper or negligent vehicle and maintenance operations. (Types
of damage and procedures for determining responsibility will be identified in the Annual
Maintenance Plan.)
Restoration - Work necessary to restore serviceability of a road and repair, to an acceptable
condition, any damage resulting from natural causes which is considered in excess of that
normally occurring for the area, and not anticipated or provided for in the Annual Maintenance
Plan.
Traffic Unit - A Traffic Unit is a vehicle, having four or more wheels, and a gross vehicle
weight of 5,000 pounds or less and passes a given point on a road moving in either direction. A
five-axle log carrying vehicle shall be 10.2 traffic units when moving one way in either direction
over a road and the loaded weight is not in excess of the State legal highway load. When other
heavy vehicle configurations or those loaded in excess of the State legal load limits are used, the
traffic units shall be adjusted proportionately.
Traffic Types:
National Forest Traffic - The traffic generated by use of National Forest lands and
commercial traffic from other lands, exclusive of traffic generated by use of lands owned by the
Cooperator.
Cooperator Traffic - The traffic generated from use of lands owned by the Cooperator,
included but not limited to the hauling of commercial commodities to and from those lands,
commercial development and use of those lands, and protection, development and administration
of those lands.
Commensurate Share - A proportionate responsibility for the cost of total maintenance
obligation of roads covered by this agreement, except Extraordinary Maintenance. The
proportionate responsibility is determined in accordance with Section III.
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Normal Use Period - The agreed upon period a road or network of roads can be used
continuously, except for short periods when damage could result due to weather conditions.
Where a road is constructed as an all-weather road or climatic conditions are suitable for
year-round operation, the Normal Use Period will be yearlong.
Non-Operating Periods - Agreed upon intermittent period during the Normal Use Period when
weather conditions render a road unuseable and such use would cause Extraordinary Damage,
and that period from the end of an established Normal Use Period to the beginning of the next
one.
Section II - Annual Maintenance Planning
Both parties recognize the need for local variations and flexibility in operating practices due to
local climate, geographical conditions, soil types, landownership patterns, volume of work, or
administrative arrangements. In order to provide this flexibility, both parties agree that there
will be a written Annual Maintenance Plan, between local Representatives of Cooperator and the
Forest Supervisors responsible for managing the joint road system. These people shall in
writing detail the conditions of sharing and performing maintenance. An objective of planning
is to balance work performance responsibility between the parties in as short a time as possible.
The essence of this road maintenance agreement is accomplished through this Annual
Maintenance Plan. Therefore, the overall agreement shall not be considered effective in a local
area until a plan has been developed and agreed to.
The Annual Maintenance Plan may also contain or reference such other requirements,
definitions, and information consistent with this Agreement that the parties deem necessary to
effectively maintain and manage the road system.
Annual Maintenance Plan. An Annual Maintenance Plan, covering a 12-month period, will be
mutually developed to include all anticipated Road Maintenance work needed on the roads
covered by this Road Maintenance Agreement. The parties will consider the needs of all roads
covered by Agreements whether or not they are being or will be actively used during the plan
period. If one party improves or adds features to a road without agreement, the other party need
not be required to share in its recurrent or deferred maintenance unless subsequently agreed to.
If needed to accomplish the maintenance objective, the plan will include the following
information in terms consistent with definitions contained in Section 1.
a.The period for which the Plan is developed.
b.
Listing of the roads, road sections, or road networks, considered in the Plan.
c.
A summary of the anticipated traffic for the period covered by the Plan.
d. The amount and estimated cost of the Traffic Generated Maintenance for each road,
section, or network listed in the Plan.
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e. The amount and estimated cost of Non-Traffic Generated Maintenance for each road,
section, or network listed in the Plan.
f. A work plan or program that will accomplish the required maintenance for the period.
The plan will be referenced to common definitions of maintenance work activities which have
been agreed to between the local parties.
g. The assignment of maintenance performance responsibility to the parties for each
road, section, or network.
h. An annual traffic estimate summarizing the actual traffic over the road for each road,
section, or network.
Both parties agree to furnish each other data on scaling records, weights, vehicle counts and
other traffic data relating to their use when essential to the Plan.
The Annual Maintenance Plan and its resulting records will be completed on the formats and at
dates subsequently agreed to between the local representatives responsible for this annual plan.
In the event a party finds it cannot perform its assignment outlined in the plan, it shall promptly
notify the other party in writing so that alternate arrangements can be made.
In the event that one party feels the other is not performing its assigned work, that party shall
promptly notify the responsible party of its concerns. The responsible party shall then make
prompt arrangements to correct any agreed to deficiencies.
Section III. Basis for Sharing the Cost of Various Elements of Maintenance
The following description of traffic generated and non-traffic generated maintenance list certain
items of maintenance activities as they are ordinarily categorized. Specific planning of
maintenance may reveal that some of these activities can be interchanged between categories.
The basis for sharing shall be established in the annual maintenance plan.
A. Traffic Generated Maintenance
The parties agree to share the estimated cost of all Traffic Generated Maintenance
activities both recurrent and deferred on a basis proportionate to the Traffic Units generated by
each party's use on a road, road section or road network.
Elements of Traffic Generated Maintenance are agreed to be:
1. Traveled Way Activities - Activities within the Traveled Way or that portion of
Roadway, excluding shoulders, used for the movement of vehicles.
a.
Surface maintenance
(1) Dust Control
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(2) Surface smoothness maintenance
(3) Surface protection (seal or seal and chips)
b.
Surface replacement (In Place)
(1) Aggregate material
(2) Stabilizing additives
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2.
Structure Activities
a.
Bridge deck repair or replacement
b.
Guardrail and cattleguard repair or replacement
c.
Bridge repainting
3.Traffic Services Activities
a.
Traffic delineators
b.
Traffic control striping
The Cooperator assumes responsibility for all Cooperator Traffic as defined in Section I of this
agreement. The Government assumes the responsibility for National Forest Traffic as defined
in Section I of this agreement. Third party cooperators or other commercial users, included as
National Forest Traffic, will be caused by the Government to contribute to their commensurate
share of the total maintenance costs by other separate agreements, permits, or contracts.
B. Non-Traffic Generated Maintenance
The parties agree to bear their proportionate share of the estimated cost of all Non-Traffic
Generated Maintenance based on each party's acreage served by the road. Third party
cooperator shares in the road will be recognized in the calculation of shares.
Elements of Non-Traffic Generated Maintenance are agreed to be:
1.
Drainage Activities
a. Repair (including cleanout)
b. Replacement of minor culverts (less than 35 square feet)
c. Channel cleaning and repair.
2. Roadway Activities - Activities within the Roadway or that portion of the road within
the limits of excavation and embankment.
a. Brush and tree removal
b. Slope repair (ordinary wash, slump, slough)
3. Roadside Activities - Activities within Roadside or that portion of the road outside the
limits of excavation and embankment and within the limits of the right-of-way.
a. Brush and tree removal
4.
Special Activities
R-1 SUPPLEMENT 4
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a. Surface repair from non-traffic caused damage
5.
Traffic Services Activities
a. Traffic control signs
C. Extraordinary Maintenance
The cost of this maintenance will be borne entirely by that party causing the maintenance and
without obligation of the other to share the cost thereof.
Section IV. Methods of Fulfilling Maintenance Obligations.
It is the intent of this agreement to permit flexibility by field maintenance managers in selecting
optional methods of performing and financing maintenance work. The following general
options are acceptable to the parties:
A. Recurrent Maintenance
Option 1 - Maintenance by Both Parties. When by agreement in the Annual
Maintenance Plan, both parties perform or have performed some portion of the required recurrent
maintenance work listed in the plan, but one party performs more than its commensurate share,
the excess total value of work performed may be credited against the party's share of the cost of
work to be performed in the next Annual Maintenance Plan period; and, the other party will then
assume additional responsibility for work to be performed in the next plan period. If agreed to
by both parties, a party may make payment to the other party to the extent necessary to bring
each party's cost into agreement with their commensurate share at the end of the Annual
Maintenance Plan period. It is further agreed that substantial imbalances in a party's share of the
work to be performed due to weather, unanticipated changes in use, or other conditions will be
adjusted by either offsetting credits, cash settlement, or a revision of the Annual Maintenance
Plan; provided, however, that changes in planned work performance shall first be agreed to by
the parties.
Option 2 - Maintenance by One Party. When by agreement in the Annual
Maintenance Plan, one party assumes the responsibility for performance of all the recurrent
maintenance, the other party will provide its proportionate share in cash. If the Government is
the performing party, the Cooperator will deposit with the Government, in advance of the work
to be performed, sufficient monies in one or more payments to cover its share of the work at the
rates listed in the Annual Maintenance Plan. If the Cooperator is the performing party, the
Government will reimburse or require its users to reimburse the Cooperator for the Government
share on the basis of work performed at the rates listed in the Annual Maintenance Plan, and
arrange for periodic payment as work is accomplished.
B. Deferred Maintenance
R-1 SUPPLEMENT 4
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Programming of items of deferred maintenance may be initiated by either party and
will be agreed to at the annual meeting held to prepare the Annual Maintenance Plan.
The parties will agree to the type and typical section of surfacing existing on the roads.
Responsibility for completing the review and agreement on existing surfacing conditions resides
with the parties responsible for the Annual Maintenance Plan. For roads which are to be
constructed or reconstructed under the terms of the Road Cooperative Agreement or supplements
thereto, the type and typical section of surfacing which shall be replaced as depleted through use
or other causes will be recorded at the time of the completion of the construction or
reconstruction.
The method of financing deferred maintenance work will be in accordance with one of the
following options as agreed to in Annual Maintenance Plans and schedules.
Option 1 - Payment by either party for their share of the cost of deferred maintenance
work, at the time the work is performed, to the party doing the work. The method to be used to
determine the cost of the work to be performed will be selected by the parties in advance of work
performance and will be in accordance with one of the following methods.
Method A - Costs to be shared will be based on estimates agreed to prior to work
performance.
Method B - Costs to be shared will be determined by the lowest acceptable bid
offered. After agreement, any contract modification affecting costs will be shared by both
parties on the same basis.
When the Government will be the performing party, the Cooperator must deposit with
the Government its share of the estimated cost in advance of contract award or performance.
When the Cooperator will be the performing party, the Government will make payment to the
Cooperator as the work is accomplished. Partial payment may be made by the Government as
work progresses and is completed and accepted by the parties.
Option 2 - Performance of deferred maintenance by either or both parties without
payment of or transfer of funds between parties. When planned work and the costs and shares
of each party are agreed to in advance of work performance, a party performing work in excess
of its share will be credited by the other party with all estimated costs in excess of its share.
These credits will be used to offset any other agreed to maintenance costs.
Section V. Special Clauses
1. No member of, or Delegate to, Congress or Resident Commissioner shall be admitted
to any part or share of this agreement, or to any benefit that may arise therefrom; but this
provision shall not be construed to extend to this agreement if made with a corporation for its
general benefit.
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2. In performance of work, the Cooperator agrees to comply with the provisions in Form
AD-369 which is attached and made a part of this agreement. In this form, contracting agency
means Government.
3. Nothing herein shall be construed as obligating the Government to expend or as
involving the Government in any contract or other obligation for future payment of money in
excess of appropriations authorized by law and administratively allocated for this work.
4. Nothing in this agreement shall be construed as obligating the Department of Lands to
expend, or as involving the State of Idaho in any obligation for future payment of money, in
excess of appropriations authorized by law.
5. Deposits made under terms of this agreement may be used for the payment of
necessary overhead expenses that are defined in advance.
Section VI - Termination, Amendments, Modifications
1. The parties agree that this agreement may be terminated by either party upon at least
90 days prior written notice. Termination shall in no way affect obligations incurred under this
agreement until an agreed to settlement is made.
2. The terms and conditions of this agreement may be modified or amended to the extent
needed to meet the requirements of the parties. Such modifications and amendments will not be
effective until agreed upon in writing by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Road Maintenance Agreement
in triplicate originals on the date first hereinabove written.
UNITED STATES OF AMERICA
Forest Service
Department of Agriculture
/s/ James C. Overbay
JAMES C. OVERBAY, Regional Forester, R-1
/s/ J.S. Tixier
J. S. TIXIER, Regional Forester, R-4
STATE OF IDAHO
Department of Lands
/s/ Stanley F. Hamilton
STANLEY F. HAMILTON, Director
Idaho Department of Lands
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EQUAL OPPORTUNITY
(The following clause is applicable unless this contract is exempt under the rules, regulations,
and relevant orders of the Secretary of Labor (41 CFR, Ch. 60).
During the performance of this contract, the Contractor agrees as follows:
(a)
The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The Contractor will take
affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, color, religion, sex or national origin.
Such action shall include, but not be limited to, the following employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship.
The Contractor agrees to post in conspicuous places, available to employees and applicants
for employment, notices to be provided by the Contracting Officer setting forth the
provisions of this Equal Opportunity clause.
(b)
The Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex or national origin.
(c)
The Contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, a notice, to be
provided by the agency Contracting Officer, advising the labor union or workers'
representative of the Contractor's commitments under this Equal Opportunity clause, and
shall post copies of the notice in conspicuous places available to employees and applicants
for employment.
(d)
The Contractor will comply with all provisions of Executive Order No. 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of
Labor.
Continued on reverse
FORM AD-369 (REV. 11-68)
FPR (41 CFR) 1-12,
803-2
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AD-369 Continued
(e)
The Contractor will furnish all information and reports required by Executive Order No.
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts by
the contracting agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
(f)
In the event of the Contractor's noncompliance with the Equal Opportunity clause of this
contract or with any of the said rules, regulations or orders, this contract may be canceled,
terminated or suspended, in whole or in part, and the Contractor may be declared ineligible
for further Government contracts in accordance with procedures authorized in Executive
Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by
rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(g)
The contractor will include the provisions of paragraphs (a) through (g) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Executive Order No. 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The Contractor will take such action with respect to any subcontract or purchase
order as the contracting agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance: Provided, however, that in the event the
Contractor becomes involved in, or is threatened with, litigation with a subcontractor or
vendor as a result of such direction by the contracting agency, the Contractor may request
the United States to enter into such litigation to protect the interests of the United States.
FORM AD-369 (REV. 11/68)
Reverse
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Exhibit 7
LETTER OF AGREEMENT
STATE OF IDAHO/FOREST SERVICE
COOPERATIVE ROAD AGREEMENT
This Letter of Agreement documents/clarifies procedures and principles to be applied in cost
sharing under the State of Idaho/Forest Service Cooperative Road Agreement.
I.
Definitions
Following are definitions of terms found in the Cooperative Road Agreement or this Letter
of Agreement.
Agreement - Common term for the State of Idaho/Forest Service Cooperative Road
Agreement.
Closed Construction Permit - Permit which has been terminated.
Collection Right - Right of the constructing party to recover excess costs incurred on
behalf of the cooperating party on an as-hauled basis.
Commensurate or Proportionate Share - Proportion of costs appropriate and assignable to
the specific user of a road.
Contribution Value/Cost - Value/cost which road segments or cost elements contribute to
the planned reconstructed road.
Cooperator or Cooperating Party - Party which has entered into an "Agreement."
Cost Guide - Forest Service Cost Estimating Guide for Road Cosntruction bases upon
recent contract bid history.
Cost Recovery - A method by which a road owner can recoup road cost by charges to a
user for temporary use of the road.
Credit - Assignment of excess cost to a cooperating party.
Engineering Cost - Cost of engineering a road or structure including survey, design, testing
and inspection.
Excess Cost - That portion of the project cost which is over and above the constructing
party's commnensurate share.
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Land Value - Current value of the land within the right-of-way as estimated by a qualified
State or Forest Service appraiser.
Maintenance - Activities to keep roads up to their last standard reached by contruction or
reconstruction.
Rawland Easement - Easement not involving an existing road.
Reconstruction or Betterment - Investment in construction activity that raises the traffic
service level of a road or improves safety or operating efficiency.
Reproduction Cost - Present-day cost of reproducing the road/facility in its present
condition.
Share - A party's commensurate financial obligation or interest in a road/facility under the
terms of the Cooperative Road Agreement.
Structural Depreciation - Reduction in a structure's (culvert, road gate, bridge, etc.)
reproduction/contribution value due to normal useage and wear.
Third Party - Owner of land other than the "Cooperating Parties."
Tributary Acreage (Area) - Cooperating parties' land served by the road/facility to be
shared.
II.
Cost-Sharing Principles
A. Land values will be credited to the landowner even when roads are considered
proportionately shared. An exception is when an easement has been previously granted to the
other party.
B. The Forest Service will assume the share for all other Federal land (Bureau of Land
Management, Corps of Engineers, etc.), and the State will assume the share for all State lands.
III.
Cost Sharing Existing Raods
A. Land Ownership - National Forest
Road
constructed by
Construction
authorization
1. FS
(Forest Service)
-----
Procedures
Reproduction/contribution
costs credited to FS.
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2. State
None
Reproduction/contribution
costs credited to State.
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Road
constructed by
Construction
authorization
3. State
Project Agreement
Project Agreement costs
credited to State.
4. State
Schedule A (without
Project Agreement)
Reproduction/contribution
costs credited to State.
5. State
Rawland Easement
Reproduction/contribution
costs credited to State.
6. State
Other "closed"
construction permit
providing for costs
after termination
Reproduction/contribution
costs credited to the State.
7. State and FS
None
Normally no reproduction/
construction costs credited to
either party.
Procedures
Parties considered to have
borne their commensurate/
proportionate shares.
(May share if the specific
work/costs by each party are
identifiable).
8. Unknown or third
party
-------
Reproduction/contribution
credited to FS.
B. Land Ownership - State
Road
constructed by
Construction
authorization
1. State
-----
Reproduction/contribution
costs credited to State.
2. FS
None
Reproduction/contribution
costs credited to FS.
3. FS
Project Agreement
Project Agreement
construction/construction costs
credited to FS.
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Procedures
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Road
constructed by
Construction
authorization
4. FS
Schedule A (without
Project Agreement)
Reproduction/contribution
costs contribution costs
credited to FS.
5. FS
Rawland Easement
Reproduction/contribution
costs credited to FS.
6. FS
Easement (State as
reserved commercial
haul rights)
No costs credited to either
party
7. FS and State
None
Normally no reproduction/
contribution costs credited to
either party.
Procedures
Parties considered to have
borne their commensurate/
proportionate shares.
(May share if the specific
work/costs by each party are
identifiable.)
8. Unknown o
third party
-----
Reproduction/contribution
costs credited to State.
IV. Land Ownership - National Forest
A. Land Ownership - National Forest
SituationProcedures
State has/had a Road Use Permit
(FS-7700-41) and has paid costrecovery fees
Credit Road Use Permit
fees to State. (State
assumes share for its
prior road use.)
Example:
State has paid $2,000 in cost-recovery fees for use of an existing National Forest
Road and will not receive $2,000 credit in cost sharing.
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Calculation of Shares
Share Percentages
State tributary acres
National Forest tributary acres
4,000
6,000
Total applicable tributary acres
10,000
State share
United States share
40 percent
60 percent
Total percent
100 percent
Costs to be Shared
Miles of road (all on National Forest)
Reproduction cost of road (built by FS)
Land value (within right-of-way)
2
$30,000
$ 5,000
Total cost to be shared
$35,000
Share Amounts
State $35,000 x 40 percent =
United States $35,000 x 60 percent =
$14,000
$21,000
Total
$35,000
Net Result
Party
United States
State
Total
Credit
Owe
Net
$33,000
$21,000
+ 12,000
2,000
14,000
- 12,000
$35,000
$35,000
-0-
The net result is the State owes the United States $12,000.
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B. Land Ownership - State
SituationProcedures
FS has/had a road use permit and has
paid fees.
Credit road use permit
fees to FS (FS assumes
share for its prior use.)
Example:
Similar to A. Example.
V.
Cost Sharing Across Private Lands
A. When the State has an outstanding, permanent, rawland (road not constructed),
third-party easement that was acquired prior to the start of project cost-share negotiations1 and
the easement is adequate for State needs but does not convey sufficient rights for an exchange of
easements under cost sharing, then:
- The United States will secure the necessary additional rights.
- Do not share either party's acquisition cost.
The State will subordinate its outstanding third-party easement rights to the United
States in consideration for the grant of a standard form cost-share easement as provided for in the
Agreement. This will make the responsibility, rules and regulations uniform over the entire
length of the road. Refer to Exhibit 1 - sample CONSENT AND SUBORDINATION
AGREEMENT.
- Share planned construction.
B. When either party has an outstanding, permanent, rawland, third-party easement
and the easement conveys all the rights needed to grant easements to others, control use by
others, and authority to permit use by the public, then:
- Share reasonable acquisition costs including those for condemnation.
- Share planned construction.
1Project cost-share negotiations are considered to start when the
cooperators introduce a project or identify an access need under the
Agreement.
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C. When either party has a permanent, existing road, third-party easement that was
acquired prior to the start of project cost-share negotiations and the easement conveys all the
rights needed to grant easements to others, control use by others, and authority to permit use by
the public, then:
- Share reasonable acquisition costs including those for condemnation.
- Credit the easement holder with the contribution value of the existing road.
- Share planned reconstruction.
D. When either party acquires a permanent, existing road, third-party easement after
project cost-share negotiations have begun and the easement conveys all the rights needed to
grant easements to others, control use by others, and authority to permit use by the public, then:
- Share reasonable acquisition costs including those for condemnation.
- Consider the existing road mutually shared.
- Share planned reconstruction.
BY: /s/ STANLEY F. HAMILTON
Director
Idaho Department of Lands
July 14, 1988
(Date)
BY: /s/ JAMES R. SCHOENBAUM
for
July 29, 1988
Director of Recreation, Wilderness & Lands
(Date)
Northern Region, Region 1
BY: /s/ GEORGE A. OLSON
Director
Recreation and Lands
Intermountain Region, Region 4
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August 9,1988
(Date)
EXHIBIT 1
CONSENT AND SUBORDINATION AGREEMENT
WHEREAS, _________________________________________________ hereinafter called the
"Consenter," has an interest in or lien upon the real property hereinafter described by virtue of
a1_____________________________ dated ______________, in Book ____, page ____,
19____, and recorded ___________________, ____________________________________
County, State of __________, and which interest or lien covers the following-described real
property situated in the County of __________________________________, State of
_____________________, to wit:
(Township, Range, Section, Subdivision)
WHEREAS, ___________________________________________________ hereinafater called
the "Grantor," has conveyed to the United of America, hereinafter called the "GRANTEE," an
easement for right-of-way purposes over the across said real property by virtue of instrument
dated ________________, 19____, and recorded ______________________, 19____, in Book
____, page ____, ____________________ County Records, State of ___________________.
WHEREAS, the Consenter consents to the above-mentioned conveyance from the Grantor to the
Grantee and subordinates its interest in or lien upon the real property hereinbefore described to
the rights of the Grantee in and to said real property by virtue of the above-mentioned
instrument.
NOW, THEREFORE, the Consenter consents to the above-mentioned conveyance from the
Grantor to the Grantee and subordinates its interest in or lien upon the real property hereinbefore
described to the rights fo the Grantee in and to said real property by virtue of the
above-mentioned instrument.
IN WITNESS WHEREOF, the Consenter has caused this instrument to be executed this ______
day of ____________________________________, 198____.
SEAL
By:
Attest:
Secretary
(APPROPRIATE ACKNOWLEDGEMENT)
1Insert type of document; i.e., oil and gas lease, etc.
R-1 SUPPLEMENT 4
EFFECTIVE 12/06/90