FSH 5409.17 - RIGHTS-OF-WAY ACQUISITION HANDBOOK
R-1 SUPPLEMENT 4
CHAPTER 60 - ROAD RIGHT-OF-WAY CONSTRUCTION AND USE AGREEMENTS
63 - EASEMENTS AND PERMITS. The basis of the cost-share principle of "uniform
easement estates/rights" is to insure that the parties are not encumbered by "hanging estates," i.e.,
permanent estates that can only be served by permit (temporary rights), and that parties assume
their appropriate shares.
Starting from a public road system, it is appropriate to grant either permanent or temporary
estates/rights uniformily over the road system or to progress from permanent to temporary
estates/rights. It is inappropriate, however, to progress from temporary to permanent
estates/rights. Expanding on this, it would also be inappropriate to go from a non-cost-share to
a cost-share grant.
Cost-Share or FRTA Easement Exhibits. The objective of a cost-share or FRTA easement
exhibit is to identify the road(s) covered by the easement to the exclusion of other roads. The
minimum acceptable requirements for format and content on cost-share and FRTA easement
exhibits are:
3.
Centerline Survey. A survey of the road geometry (centerline survey) is not
required. When a centerline survey is available, it may be used to plot the road locations but
shall not be shown on the exhibit.
4.
Property Corners and Lines. A diligent search for property corners will be made.
Each road shall be tied by field survey or photogrammetric methods to at least two found
property corners. Ties from property corners to the intersection of the property line with the
road centerline are preferred but not mandatory. When the road(s) intersects a property line at
only one point, a single tie to the intersection is acceptable. When the road(s) does not intersect
a property line, a tie will not be required until the time when the road is extended to cross a
property line.
When an existing road(s) appears in its true position on a USGS orthophoto or topographic
quadrangle map, ties to property corners will not be required.
5.
Survey Requirements. Uncertainty of the tie measurement(s) shall not exceed 0.4
percent of the distance measured with a maximum uncertainty of 20 feet. For example:
A tie of one-half mile (2,640 feet) should not be uncertain by more than 10.56 feet (2,640 x .004
= 10.56 feet). If a staff compass and tape with a skilled user can obtain a relative precision of
1/250, then the standard could be met (1/250 = x/2,640, then x = 10.56).
Typical minimum relative accuracies achievable under normal conditions are included as a guide
to aid in evaluating the quality of survey ties:
- Staff compass and tape
- Transit or theodolite and tape
- Theodolite and electronic distancemeasuring instruments
- Photogrammetry
1:250
1:2,000
1:20,000
1 of flying height
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R-1 SUPPLEMENT 4
6,000
Closed traverses are not required, but independent, redundant measurement of angles, bearing
and distances are encouraged to detect blunders.
6.
Exhibit. Exhibits shall use a USGS orthophoto quadrangle, USGS topographic 7
1/2 minute quadrangle map or a Forest Service Primary base series map of 1/24,000 scale as a
base. The scale of the exhibit shall be 1/31,680 or larger.
Roads not appearing on the base shall be added using centerline survey data, photogrammetric
techniques or field ties between the road and mapped features that are identified in the field.
Contours and prominent land features shall be included when available.
The exhibit shall contain at least two points for registration with the base map or orthophoto.
The usual case is to use the land survey network as a means of registration. The exhibit shall be
no larger than 18 x 27 inches in size and of a quality to permit legible reproductions. The
exhibit shall contain:
- A north arrow.
- A scale bar or fractional scale designation.
- The road location by shading or line weight different than roads
not included in the easement.
- Road number.
- Property lines.
- Found corner(s) by distinctive symbol.
- 40-acre subdivisions or Government lots.
- Corner ties.
- Base map name or number and date.
- Agreement area name (cost share).
- Name of Forest, District, and county.
- Ownership.
- Right-of-way width (total and each side of centerline).
- Number of acres in right-of-way
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FSH 5409.17 - RIGHTS-OF-WAY ACQUISITION HANDBOOK
R-1 SUPPLEMENT 4
A sample exhibit follows:
Exhibit 1
EXHIBIT 1 MAY BE VIEWED IN PAPER COPY.
EFFECTIVE 12/06/90
FSH 5409.17 - RIGHTS-OF-WAY ACQUISITION HANDBOOK
R-1 SUPPLEMENT 4
63.12 - Contents
1.
Provision A. A specific limitation on using the roadway for loading or yarding
purposes is not ordinarily inserted in R-1 cost-share easements. Forest Supervisors should rely
on the language in the first paragraph of provision A which subjects the Cooperator's use "to
such traffic-control regulations and rules (Grantor) (Grantee) may reasonably impose upon or
require of other users of the road," when use of the road for loading or yarding purposes is
incompatible with necessary traffic flow and/or the road would be permanently damaged by such
use.
The Forest Service will not enter into any new agreements that authorize off-highway haul.
New supplements with such authorizations can be added to existing agreements provided: (1)
the road(s) is adjunct to existing routes where off-highway haul rights are already reserved, (2)
the Cooperator assumes full responsibility for all additional development and maintenance costs
attributed of off-highway hauling, (3) it is not connected to a public highway or an arterial
facility of the Forest Development Transportation System where off-highway hauling is
prohibited, and (4) public use will be protected during periods of off-highway hauling.
64.2 - Valuing Easement Areas
1.
Department of Agriculture Easements Which Replace Prior Grants to Cooperators.
There were a few old stipulations governing ingress in which the company did not bear its share
of the construction costs. In such cases, the company is not entitled to receive a USDA
easement without sharing.
64.3 - Estimating Construction Costs. All elements of direct project costs should be included in
the road-cost estimate to be shared with the Cooperator. Examples of such costs (not all
inclusive) are discussed below:
1.
Engineering costs shall be shared for surveys, designs, construction staking, and
construction inspection. Where the parties have previously agreed to share engineering costs,
the practice should be continued to assure equitable sharing of all project-related costs.
2.
Estimated quantities and unit prices must be derived from sufficient engineering in
order to finance construction to the specifications agreed upon. The preconstruction engineering
estimate is agreed to be based upon some type of engineering design. The design and staking
must be adequate to estimate construction cost, and by inspection, determine that the road as
constructed meets the agreed-upon plans and specifications. Cost estimates for such items as
survey, design, construction staking, and construction inspection should be included and credited
to the performing party.
3.
Clearing cost estimates shall include falling, bucking, decking, grubbing, and slash
treatment for the entire road length, regardless of whether the road will be constructed by a road
contractor or a timber sale purchaser. This means that a reasonably accurate right-of-way cruise
is needed on which to apply this estimate. It also means the timber will ordinarily be decked in
accessible locations for future disposal by the owner.
EFFECTIVE 12/06/90
FSH 5409.17 - RIGHTS-OF-WAY ACQUISITION HANDBOOK
R-1 SUPPLEMENT 4
4.
Normally, no credit will be given to either party for value of material (other than
timber) found on the right-of-way construction. This also includes the value of material taken
from roadside barrow pits for embankment or for base or surfacing material. Forests may allow
royalty credits for use of surfacing rock from centrally established rock pits if the Cooperator
insists on such allowances. In these cases, royalty charges and allowances for material will be
consistent for pit sites on either Government or Cooperator's land.
5.
Costs for temporary drainage or special post-sale erosion control work necessary
prior to closing roads will be considered maintenance and the cost borne entirely by the last
using party. These latter arrangements will be worked out in the annual road maintenance plan.
6.
Special construction items such as fence or cattleguard construction on such
rights-of-way will be shared. Cost of other cattleguards will be shared if roads cross an existing
fence line.
7.
Include as costs to be shared in each cost-share project the cost of specialists whose
expertise is mutually agreed to be necessary to meet the requirements set forth by laws,
regulations, and executive orders. Examples are:
a.
Kind of Federal Law or Executive Orders
National Historic Preservation Act
E.O. 11593
Floodplains Management
E.O. 11988
Protection of Wetlands
E.O. 11990
Endangered Species Act
National Environmental Policy Act
Federal Land Policy and Management Act
National Forest Management Act
Federal Water Pollution Control Act, 1972
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b. Kind of Situations
Floodplain
Wetland
Threatened or Endangered Species
Unstable Soil(s)
Archeological Site
Potential Visual Resource Problem
Potential Wildlife Habitat Problem
Potential Water Quality Problem
Potential Fisheries Habitat Problem
c. Kind of Specialists
Archeologist
Landscape Architect
Hydrologist
Fisheries Biologist
Wildlife Biologist
Botanist
Geologist
Soil Scientist
The required specialists need to be mutually identified at the beginning of the cost-share project.
The cost of each should be determined on an actual cost or average unit cost basis for a particular
area. The preferred method is to develop average unit costs, based on contract rates, which are
applicable to the Forest Service and all Cooperators within an administrative unit. Once
established, there should be no vacillation between the method selected, use of actual cost or
average unit costs, within a Road Right-of-Way Construction and Use Agreement. The
established method will be used to document the value of work performed by either party.
However, when specialists are provided to the constructing party by a university, etc. at no cost
or at a reduced cost, it is inappropriate to use average unit costs. The cost incurred, if any,
would be shared.
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FSH 5409.17 - RIGHTS-OF-WAY ACQUISITION HANDBOOK
R-1 SUPPLEMENT 4
8.
Forest Supervisors will use the Regional Cost Estimating Guide with modifications
for local conditions, as appropriate. See instructions in the current Cost Estimating Guide for
adjusting unit prices.
If unit prices in the Cost Estimating Guide are adjusted, adjusted prices along with the rationale
need to be documented.
Fact Sheets will be based on the current Regional Cost Estimating Guide, with the most recent
instructions for estimating cost differences between Davis-Bacon Wage Rates and local
prevailing wage rates, as appropriate. The engineering cost estimate(s) must reflect the cost(s)
(or contribution value) of a project at the time of construction (or buy-in).
64.41 - Traffic Categories
Commercial Traffic. Logging-associated traffic includes all vehicles essential to the logging
operation such as oil trucks, woods scalers, and log-crew vehicles. Road construction and
maintenance traffic should not be included in the cost-sharing calculations, since it represents
part of the costs being shared.
The transporting of all forest products is to be considered commercial traffic including, but not
limited to, roundwood pulp, cedar products, small-diameter multi-products, firewood and
Christmas trees, regardless of whether a charge is made for the product. The harvesting of
forest products is not be considered recreation traffic, although there may be some related social
or recreational experience involved.
The removal of forest products will be shown as separate items in the tributary table(s) and the
calculation of shares in the Fact Sheet. The forest products will, as a minimum, be grouped into
three categories; i.e., roundwood volume, firewood volume, and other product volumes (poles,
Christmas trees, etc.). Commercial shares will be based on the relationship of each party's total
volume of all forest products.
The vehicular traffic attributable to firewood and other products will be shown as separate items
and not included in the administrative, public service, or recreation figures or roundwood
volumes.
In converting the various products to average annual equivalent units (E.U.), use the following
procedure and document in the Fact Sheet:
Roundwood 20-year removal :
20 x 3 = E.U./yr.
Firewood 20-year removal :
20 x 4.5* = E.U./yr.
Other Products 20-year removal : 20 x Factor* = E.U./yr.
*The factor for roundwood is not interchangeable with the factor for firewood or other products
unless these products are being hauled in long log trucks.
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The factor for firewood or other products is based on the premise that 1 E.U. equals 1 light traffic
vehicle moving one way over the road. A factor of 4.5 for firewood is based on the firewood
being hauled by vehicles averaging .88 cord per load. This factor is derived as follows:
0.88 cord x 500 BF/cord - 440 BF per 2 E.U.
(one empty vehicle and one loaded vehicle).
E.U./MBF = 1000 : 440 x 2 = 4.5 E.U.
The Regionally established factor of 4.5 will be used for firewood in all supplements. The
factor(s) for "other products" will be developed on the basis of their removal. Explain in the
Fact Sheet how the factor(s) was developed.
The factor for firewood or other products is based on the premise that 1 E.U. equals 1 light traffic
vehicle moving one way over the road. A fctor of 4.5 for firewood is based on the firewood
being hauled by vehicles averaging .88 cord per load. This factor is derived as follows:
0.88 cord x 500 BF/cord = 440 BF per 2 E.U.
(one empty vehicle and one loaded vehicle).
E.U./MBF = 1000 : 440 x 2 = 4.5 E.U.
The Regionally established factor of 4.5 will be used for firewood in all supplements. The
factor(s) for "other products" will be developed on the basis of their removal. Explain in the
Fact Sheet how the factor(s) was developed.
3. Protection and Administration Traffic. Administration traffic includes such travelers
as KV crews, BD crews, timber presale foresters and engineers, sale administrators, road
construction inspectors, fire patrol and hunter patrol.
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