5409.17, 63-64
Page 1 of 21
FOREST SERVICE HANDBOOK
Portland, Oregon
TITLE 5409.17 - RIGHTS-OF-WAY ACQUISITION HANDBOOK
R6 Supplement No. 5409.17-91-8
Effective October 15, 1991
POSTING NOTICE. Supplements to this handbook are numbered consecutively.
Check the last transmittal sheet received for this handbook to see that the above
supplement number is in sequence. If not, obtain intervening supplement(s) at once
from the Information Center. Do not post this supplement until the missing one(s)
is received and posted. After posting, place the transmittal at the front of the title
and retain until the first transmittal of the next calendar year is received.
The last R6 Supplement to this handbook was 5409.17-91-7 (5409.17,62).
Document Name
Sheets)
Superseded New
(Number of
5409.17,63-64
21
63 - Exhibits 01 thru 04 (Pages 4-7) PAPER COPY ONLY
64.1 - Exhibit 01 (Pages 12-20) PAPER COPY ONLY
63--1 thru 64.42
14
Digest:
This supplement reissues Sections 63 and 64 to conform the format and structure of
the Handbook to the requirements of electronic directive issuance.
Only minor changes to correct spelling, punctuation, and so forth have been made.
This supplement is available in the R6FSH Information Center Service in the same
format as the paper copy.
/s/ John F. Butruille
JOHN F. BUTRUILLE
Regional Forester
R6 SUPPLEMENT 5409.17-91-8
EFFECTIVE 10/15/91
5409.17,63-64
Page 2 of 21
FSH 5409.17 - RIGHTS-OF-WAY ACQUISITION HANDBOOK
R6 SUPPLEMENT 5409.17-91-8
EFFECTIVE 10/15/91
CHAPTER 60 - ROAD RIGHT-OF-WAY CONSTRUCTION AND
USE AGREEMENTS
63 - EASEMENTS AND PERMITS.
3. Cost-Share Rights-of-Way Plats. The purpose of the plat is to definitely
identify the road(s) involved, to the exclusion of any other road(s) on the same land.
This means the road must be located with reference (ties) to found corners or other
permanent monuments, and that the beginning and ending points, (points at
ingress and egress of the road(s)) shall be tied to property corners or other
permanent monumentation by the field survey, photogrammetry, or calculation.
Only two ties are needed for easements on existing roads. Ties are needed at the
points of ingress and egress of each tract crossed by a raw land easement. See
exhibit 01 for tie methods to be used with various road location methods.
On a case basis, the plat should exceed the minimum requirements set forth below
when there exist conditions such as complicated landownership involving
questionable property lines, high valued lands, or lands having high subdivision
potential. Although minimum standards do not require showing traverse data, if
such data is available it makes good sense to include it.
There are basically three methods for preparing a plat:
(1) survey data may be drafted on an existing orthophotograph or map;
(2) an existing orthophotograph or map may be used as a base from which to
obtain data to be used in drafting a plat;
(3) drafting a plat completely from data obtained by field survey or
photogrammetry when using methods (1) and (2).
The base for the plat will be an orthophotograph at 1/24,000 or larger scale, or a
Forest Service primary base map, or a 7.5 minute USGS quad. The scale of the
actual plat shall be 2 inches equal 1 mile, or larger.
The road will be drafted on the plat 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) across raw land, without benefit of horizontal
alignment data, topographic contour and land features will be shown.
If the plat is prepared from a base map or orthophotograph, it will be registered to
the base by identifying the orthophotograph or map used and two points of
alignment.
R6 SUPPLEMENT 5409.17-91-8
EFFECTIVE 10/15/91
5409.17,63-64
Page 3 of 21
The title block of the plat will include the following information:
- 2730 Rights-of-way Grants or Name and number of project
- 5460 Rights-of-way Acquisition Name of surveyor
- Name of Forest Date and method of survey
- Description of land involved Date and scale of plat (bar
- Name of county and state scale only)
- Ownership of land involved Number of acres obtained
- Origin of bearing(s)
- Photograph number, series, and date, if applicable
The plat will have a legend containing desriptions of symbols used.
Plat requirements for regular rights-of-way acquisition are found in Land Surveying
Guide, EM 7150-3.
R6 SUPPLEMENT 5409.17-91-8
EFFECTIVE 10/15/91
5409.17,63-64
Page 4 of 21
63 - Exhibit 01
SEE THE PAPER COPY OF THE MASTER SET
FOR SECTION 63 - EXHIBIT 01
R6 SUPPLEMENT 5409.17-91-8
EFFECTIVE 10/15/91
5409.17,63-64
Page 5 of 21
63 - Exhibit 02
SEE THE PAPER COPY OF THE MASTER SET
FOR SECTION 63 - EXHIBIT 02
R6 SUPPLEMENT 5409.17-91-8
EFFECTIVE 10/15/91
5409.17,63-64
Page 6 of 21
63 - Exhibit 03
SEE THE PAPER COPY OF THE MASTER SET
FOR SECTION 63 - EXHIBIT 03
R6 SUPPLEMENT 5409.17-91-8
EFFECTIVE 10/15/91
5409.17,63-64
Page 7 of 21
63 - Exhibit 04
SEE THE PAPER COPY OF THE MASTER SET
FOR SECTION 63 - EXHIBIT 04
R6 SUPPLEMENT 5409.17-91-8
EFFECTIVE 10/15/91
5409.17,63-64
Page 8 of 21
63.1 - Easements, United States to Cooperator (Exhibit D).
63.12 - Contents.
1. Provision A. A specific limitation on using the roadway for loading or
yarding purposes is not ordinarily inserted in Region 6 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 as
(Grantor) (Grantee) may reasonably impose upon or require of other users of the
road."
Where Off-Highway Haul is to be authorized by insertion in easement provision A,
the Division of Lands and Minerals will assist in drawing up of language to fit the
situation. A rather simple example follows:
Use of vehicles of a weight not to exceed 130,000 pounds and equipped with bunks
not to exceed 10 feet in width is permissible until
19 . After said
date, the (Grantor's) (Grantee's) right to use the road shall be subject to compliance
with legal dimensions and weights of motor vehicles imposed by State law on
comparable public roads or highways. In any event, gross weights of equipment or
vehicles shall not exceed the capacity of bridges and other structures, and cleated
equipment shall not be used on paved roads.
3. Provision C. The collection rate in the easement should normally be
specified as $1 per M. For any given timber sale, a higher rate may actually be
employed.
63.13 - Issuance Procedure. The Department easement may be delivered to the
cooperator prior to receiving Regional Attorney approval on the reciprocal grant
where:
1. A preliminary title insurance policy has been obtained, and
2. All title defects to the acquired easement have been resolved by curative
action, prior to or concurrently with execution and delivery of the supplement (See
FSH 5409.17 section 22.24).
64 - NEGOTIATING SUPPLEMENTS.
64.1 - Fact Sheet. Parent text refers to the need for a fact sheet for each agreement
supplement. Before executing any supplement, prepare a fact sheet. Facts will be
recorded as agreement is reached during negotiations. For instance, agreement as
to location and standard will be put in writing promptly, even though this may
predate by a year the completion of the fact sheet. The completed fact sheet should
be a product of mutual efforts necessary for production of a supplement. Agreement
on the fact sheet will facilitate agreement on the supplement.
R6 SUPPLEMENT 5409.17-91-8
EFFECTIVE 10/15/91
5409.17,63-64
Page 9 of 21
A fact sheet provides the basic data for each supplement. It should preferably be
signed by representatives of the two cooperating parties. Approval by the
cooperator is optional. Generally, the signers are the two individuals who are
responsible for development of the fact sheet and have provided major input.
Fact sheets are important because these provide an instrument which can be used
to document various items agreed to by the cooperating parties but which should
not be included in a supplement.
Even though all completed fact sheets may not be alike, all should be prepared in
standardized fashion using a standard format which includes all essential data
required in parent text. Such a standard fact sheet follows:
(Explanatory material follows each major numerical heading where necessary.)
FACT SHEET
For
SUPPLEMENT NO.
Of
ROAD RIGHT-OF-WAY CONSTRUCTION AND USE AGREEMENT
Dated
I. AREA
Describe the agreement area. Provide general information concerning amount of
timber or acres involved by ownership.
II. COOPERATING PARTIES
III. IDENTIFICATION OF ROADS AND ROAD SEGMENTS TO BE COST
SHARED
Include name, number, and length of road(s) to be included in the supplement.
Describe termini and provide section, township, and range. Attach a map or plat
showing location of each.
Include a schedule of the proposed work and assignment of work each party is to
perform when new construction is planned. State who completed construction of
existing roads to be included in supplement.
R6 SUPPLEMENT 5409.17-91-8
EFFECTIVE 10/15/91
5409.17,63-64
Page 10 of 21
V. PLANS AND SPECIFICATIONS FOR CONSTRUCTION OR
RECONSTRUCTION OF THE ROADS
This should be a reference to plans and specifications which are held by the
cooperating parties. Specifications are usually cross-referenced in the plans by each
party previously exchanging their common specifications for later reference.
In all cases there must be a cross-reference to the title sheet of the plans (or work
list). This reference in the fact sheet should include the following:
Road Number
and Name
Mileage Points
or Segment
Miles Construction
or Reconstruction
Plan No.
The reference should also include the date of the last signature on the title sheet.
Refer to FSH 5409.17 section 62.3 for standards and specifications.
VI. COSTS OF CONSTRUCTION OR RECONSTRUCTION
Must be based on engineering estimates, both for existing roads and roads to be
built. Methods of determining costs of new construction or reconstruction are
provided in FSH 5409.17 sections 64.3 and 66.12. In cases involving existing roads,
replacement value of the road should be determined and shares developed for this
value. Replacement value is arrived at by applying today's unit costs to the
construction items that constitute the existing road to be included in the agreement
supplement.
The cost to construct the road at today's unit prices represents replacement value.
Attach approved road-cost estimate form(s) or statement of cost to be shared for
each road approved by Forest Engineer. If the project is to be accomplished by
contract, the cost may be determined on the basis of the lowest acceptable bid.
Except in cases of bridge construction, contract costs are seldom used. Before
agreeing to use contract costs, the parties should confirm in writing how the bids
are to be reviewed, whether change-order items will be cost-shared, and how other
bidding or contracting complexities will be treated. A letter of acceptance of the bid
from the nonconstructing party together with a stated amount each is to bear
should be included as a part of the case file.
VII. RECREATION TRAFFIC INFORMATION
Include explanatory information concerning the recreation traffic figure used and
state whether obtained from traffic observations, traffic observations from a
comparable road, or an estimate. Name the comparable road. If obtained from
traffic observations, state the type and location. Forests relying on traffic counters
for basic traffic data to be employed in cost-share calculations should support the
readings with periodic visual checks. Only with the visual checks can we be
assured of using correct recreation traffic numbers to convert to equivalent units.
R6 SUPPLEMENT 5409.17-91-8
EFFECTIVE 10/15/91
5409.17,63-64
Page 11 of 21
State where the traffic counters were located. Traffic associated with harvesting
operations should not be included in the recreation traffic count.
State the recreation increase factor to be used in calculation of shares. All factors in
excess of 5 percent must have substantial information which has been reviewed by
the Regional Office and approved for use.
VIII. COST TO BE BORNE BY EACH PARTY
Principles stated in Section 5 of the agreement are to be applied. When calculating
shares follow the example in FSH 5409.17 section 64.42 without deviation.
Tributary timber estimates should be made from current cruises and not outdated
inventories. This will guarantee that the commercial hauling share is assigned
equitably. When calculating expected average annual timber haul all forest
products should be considered including haul of pulp, firewood, cull log volumes,
and so forth. The annual haul volume figure is essential, because of its impact on
recreation traffic shares if incorrectly stated. Road cost estimates should be
rounded to the nearest dollar and shares developed likewise.
IX. PROVISIONS FOR MEETING SHARES OF THE COST
Provision for each party meeting its share of the cost is based upon methods
provided in Section 6 of the agreement. Section 6 offers five methods whereby a
party owing a share(s) can amortize that share. One or more should be selected and
stated in the fact sheet. Refer to instructions in FSH 5409.17 section 62.6 for
specific wording to be included in the supplement after the amortization method(s)
has been selected.
X. ESTATE TO BE ACQUIRED IN EXISTING ROAD(s)
The easement acquired will constitute the estate.
XI. SUMMARY OF CURRENT FINANCIAL OBLIGATIONS
Attach a balance sheet. See attached Exhibit 1 for approved format of balance
sheet. This summary is not to be confused with "performance basis" accounting
records required of each Forest (see FSH 6509.11k). However, since this Exhibit
sets the stage for the annual accounting referred to in FSH 6509.11k, Forest must
ensure commitment balance sheets are updated promptly to reflect a change in
excess cost when (a) timber sales are awarded that have collection right provisions,
(b) appropriated funds are obligated that will be used to repay a cooperator's excess
cost, and (c) the cooperator makes a cash payment to the Forest Service.
XII. SIGNATURES
Prepared by
1/ Approved by
R6 SUPPLEMENT 5409.17-91-8
EFFECTIVE 10/15/91
5409.17,63-64
Page 12 of 21
(Name and Title)
(Name and Title)
Date
Date
Representing
Representing
Right-of-way personnel working on development of fact sheet should keep abreast of
the Division of Engineering's current studies of traffic volume trends in cost-share
agreement areas.
1/ Approval by cooperator(s) is option.
R6 SUPPLEMENT 5409.17-91-8
EFFECTIVE 10/15/91
5409.17,63-64
Page 13 of 21
64.1 - Exhibit 01
SEE THE PAPER COPY OF THE MASTER SET
FOR SECTION 64.1 - EXHIBIT 01
R6 SUPPLEMENT 5409.17-91-8
EFFECTIVE 10/15/91
5409.17,63-64
Page 14 of 21
64.1 - Exhibit 01--Continued
SEE THE PAPER COPY OF THE MASTER SET
FOR SECTION 64.1 - EXHIBIT 01--Continued
R6 SUPPLEMENT 5409.17-91-8
EFFECTIVE 10/15/91
5409.17,63-64
Page 15 of 21
64.1 - Exhibit 01--Continued
SEE THE PAPER COPY OF THE MASTER SET
FOR SECTION 64.1 - EXHIBIT 01--Continued
R6 SUPPLEMENT 5409.17-91-8
EFFECTIVE 10/15/91
5409.17,63-64
Page 16 of 21
64.1 - Exhibit 01--Continued
SEE THE PAPER COPY OF THE MASTER SET
FOR SECTION 64.1 - EXHIBIT 01--Continued
R6 SUPPLEMENT 5409.17-91-8
EFFECTIVE 10/15/91
5409.17,63-64
Page 17 of 21
64.1 - Exhibit 01--Continued
SEE THE PAPER COPY OF THE MASTER SET
FOR SECTION 64.1 - EXHIBIT 01--Continued
R6 SUPPLEMENT 5409.17-91-8
EFFECTIVE 10/15/91
5409.17,63-64
Page 18 of 21
64.1 - Exhibit 01--Continued
SEE THE PAPER COPY OF THE MASTER SET
FOR SECTION 64.1 - EXHIBIT 01--Continued
R6 SUPPLEMENT 5409.17-91-8
EFFECTIVE 10/15/91
5409.17,63-64
Page 19 of 21
64.1 - Exhibit 01--Continued
SEE THE PAPER COPY OF THE MASTER SET
FOR SECTION 64.1 - EXHIBIT 01--Continued
R6 SUPPLEMENT 5409.17-91-8
EFFECTIVE 10/15/91
5409.17,63-64
Page 20 of 21
64.1 - Exhibit 01--Continued
SEE THE PAPER COPY OF THE MASTER SET
FOR SECTION 64.1 - EXHIBIT 01--Continued
R6 SUPPLEMENT 5409.17-91-8
EFFECTIVE 10/15/91
5409.17,63-64
Page 21 of 21
64.2 - Valuing Easement Areas.
1. Raw land Easement on which Parties are to Build Cooperative Road.
Within a checkerboard ownership, the parties may agree that land values will be
offsetting and, therefore, will not be included in the calculation. Where one party's
ownership has a substantially higher average value than the others, land values
will be calculated and shared.
2. Department of Agriculture Easements which Replace Prior Grants to
Cooperators. There were a few old stipulations governing ingress issued within
Region 6 in which the company did not bear its share of the construction costs. In
such cases, the company is not entitled to receive a FRTA easement.
64.42 - Share Calculations. Administrative traffic includes KV crews, brush
disposal crews, presale forester, and engineers, sale administrators, and road
construction inspectors, fire patrol, and hunter patrol. Logging-associated traffic
includes all vehicles essential to the logging operation including oil trucks, wood
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 cost
being shared.
Allocating commercial hauling traffic on the ratio of productive acreage is normally
equitable within an area of checkerboard ownership, since differences in growing
site, stocking, age-classes, and so forth, balance out over the road system as a
whole. An adjustment may be in order where ownership of the two parties lies at
somewhat different elevations, resulting in consistent differences in site, and so
forth.
Placement of traffic counters to measure recreation traffic requires cooperative
judgment. One counter at the lower end of a road may not in itself give a true
measure of recreation traffic some miles above.
Principles for cost-sharing expressed in Section 5 of the agreement clearly provide
for anticipated use and not potential use as a basis of determining cost-share.
When there is no commercial use attributable to a nonparticipating party during
development of an agreement supplement (such as could be possible in a threemember cooperative agreement), the Forest Service need not bear a cost-share
attributable to a potential use by the nonparticipating party. Merely exclude from
the computation of cost-shares the allocation of any potential commercial use of the
road based upon the nonparticipating party's resources.
A distinction must be made between "anticipated" commercial use and "potential"
commercial use.