5409.17, 70
Page 1 of 13
FOREST SERVICE HANDBOOK
Portland, Oregon
TITLE 5409.17 - RIGHTS-OF-WAY ACQUISITION HANDBOOK
R6 Supplement No. 5409.17-91-10
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 5409.17-91-9 (5409.17,65-66)
Document Name
Sheets)
Superseded New
(Number of
5409.17,70
13
71 - Exhibits 01 - 09 (Pages 5-13) PAPER COPY ONLY
Page Code
71--1 thru 71--12
6
Digest:
This supplement reissues Chapter 70 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 5409.17-91-10
EFFECTIVE 10/15/91
5409.17, 70
Page 2 of 13
FSH 5409.17 - RIGHTS-OF-WAY ACQUISITION HANDBOOK
R6 SUPPLEMENT 5409.17-91-10
EFFECTIVE 10/15/91
CHAPTER 70 - RIGHTS-OF-WAY ACCOMPLISHMENT REPORTING
71 - ROAD RIGHTS-OF-WAY ACCOMPLISHMENT REPORTS.
1. Date Due. Each Forest will submit an annual accomplishment report to
reach the Regional Office not later than October 7 of each year. The report will
consist of applicable forms FS-5400-25; FS-5400-26; R6-5400-25, "a" through "h,"
and R6-5400-26a as shown in Exhibits 01 through 09. Include in the transmittal
letter a statement concerning development of cooperative agreements with counties
for construction, reconstruction, and maintenance of roads during the fiscal year.
3. Preparation
Instructions for Preparing Form FS-5400-25: These instructions complement those
on the printed form.
Sections A and B, Item 1 - Rawland Easements. Include old easements
processed for final title approval.
Sections A and B, Item 2 - Roads or Interest in Roads. Include temporary
easements, permits, or road rental agreements for 1 year or longer. Bureau of Land
Management (BLM) licenses, transfers from BLM and temporary permits will be
reported in the transmittal letter.
The amounts under "user payments" would include collection rights paid from
timber sales to cooperators.
Section C. The amount shown in column 3 (Appropriated Funds) should be
taken from your 1900-4 Work Plan (FR&T dollars). This will include:
1. Salaries - include Forest and Zone appraisers
2. Appraisals
3. Travel
4. Supplies
5. Engineering (plats) if budgeted under 5460
6. Any of the above if assigned to the District level
Instructions for preparing Form FS-5400-26: These instructions complement these
on the printed form.
R6 SUPPLEMENT 5409.17-91-10
EFFECTIVE 10/15/91
5409.17, 70
Page 3 of 13
Column (1) - Number of Cases. This is self-explanatory on the form.
Column (2) - Number of Miles of Road Constructed. This figure is the result
of mileage initially reported in Column (4) - Number of Miles of Roads to be
Constructed. The mileage figures reported in this column indicate the
construction/reconstruction of the facility has been completed and accepted by the
parties. Mileage should be deducted from Column (4), if it was initially reported as
being covered in an Agreement Supplement and added to Column (2) - Roads
Constructed.
When transferring completed work from Column (4) to Column (2), be sure to
exclude miles of reconstruction or roads which were already under agreement from
a previous Supplement and already included in Column (2). There will, of course,
be mileage of existing roads in Column (4) which is being brought under the
Agreement and reconstructed under the same Supplement; this mileage will be
transferred to Column (2) when the reconstruction is completed.
Also, if a road is to be reconstructed and has been previously reported in Column
(2), the mileage is not added, but the reconstruction cost is added to Column (3).
Instructions for Preparing Forms R6-5400-25, "a" through "h."
In addition to Form FS-5400-25, the report will include separate tabulations, caseby-case, for the following categories:
1. Rawland Easements. Includes Regional Attorney title cases, plus
easements across mining claims, temporary rights-of-way for 1 year or longer.
Report on Form R6-5400-25a (This will correspond with Item No. 1, Section A of
Form 5400-25).
For the purpose of this report, a rawland easement is defined as any case in which
the consideration does not include any value for the existing road. In addition to
the usual rawland easement for which a road will be constructed, this category will
include cases where we are acquiring a segment of an existing road. Examples of
the latter situation would be securing an easement on which an old inadequate road
exists that is of no value to the landowner, or a case where prescriptive use or
adverse possession has removed the value of the road from the appraised value of
the easement.
2. Existing Road Easements. Include Regional Attorney and Attorney
General title cases, plus BLM licenses, Right-of-Way Reservations, temporary
easements or permits for 1 year or longer. Report on Form R6-5400-25b (easements
and temporary easements to be included in Item No. 2, Section A, Form 5400-25.
BLM licenses and temporary permits will be reported to the Chief in the
transmittal letter.)
For the purpose of this report, an existing road easement is defined as including an
improvement paid for by the United States.
R6 SUPPLEMENT 5409.17-91-10
EFFECTIVE 10/15/91
5409.17, 70
Page 4 of 13
3. Old Easements Processed for Title Approval. Report on Form R6-5400-25c
(this Item corresponds to Item No. 1, Section A, Form 5400-25).
4. FLPMA Permits for Roads. List all FLPMA road permits issued on the
Forest. Report on Form R6-5400-25d (this Item will be reported to the Chief in the
transmittal letter).
5. FRTA and FLPMA Easements Granted by the United States. List all
easements granted by the Regional Forester under terms of FSM 2732 and FSM
2733. Report on Form R6-5400-25e (this Item will be reported to the Chief in the
transmittal letter).
6. Department of Transportation Easements Granted to the State or County
by the Secretary of Transportation. List all cases for which letters of consent have
been issued by the Regional Forester (FSM 2731.04). Report on Form R6-5400-25e
(this Item will be reported to the Chief in the transmittal letter).
7. Easements Acquired for Other than Roads. Report on Form R6-5400-25f
(this Item will be reported to the Chief in the transmittal letter).
8. Permits Acquired for Highways or Road Encroachment. Report on Form
R6-5400-25g (this Item will be reported to the Chief in the transmittal letter).
9. Permits Acquired for Other than Roads. This category includes permits
for waterlines, sewerlines, and so forth. Report on Form R6-5400-25h (this Item
will be reported to the Chief in the transmittal letter).
Instructions for Preparing Form R6-5400-26a. In addition to Form FS-5400-26, the
report will include R6-5400-26a Form which displays the cost-share agreements,
supplements, and amendments by Cooperator(s).
R6 SUPPLEMENT 5409.17-91-10
EFFECTIVE 10/15/91
5409.17, 70
Page 5 of 13
71 - Exhibit 01
SEE THE PAPER COPY OF THE MASTER SET
FOR SECTION 71 - EXHIBIT 01
R6 SUPPLEMENT 5409.17-91-10
EFFECTIVE 10/15/91
5409.17, 70
Page 6 of 13
71 - Exhibit 02
SEE THE PAPER COPY OF THE MASTER SET
FOR SECTION 71 - EXHIBIT 02
R6 SUPPLEMENT 5409.17-91-10
EFFECTIVE 10/15/91
5409.17, 70
Page 7 of 13
71 - Exhibit 03
SEE THE PAPER COPY OF THE MASTER SET
FOR SECTION 71 - EXHIBIT 03
R6 SUPPLEMENT 5409.17-91-10
EFFECTIVE 10/15/91
5409.17, 70
Page 8 of 13
71 - Exhibit 04
SEE THE PAPER COPY OF THE MASTER SET
FOR SECTION 71 - EXHIBIT 04
R6 SUPPLEMENT 5409.17-91-10
EFFECTIVE 10/15/91
5409.17, 70
Page 9 of 13
71 - Exhibit 05
SEE THE PAPER COPY OF THE MASTER SET
FOR SECTION 71 - EXHIBIT 05
R6 SUPPLEMENT 5409.17-91-10
EFFECTIVE 10/15/91
5409.17, 70
Page 10 of 13
71 - Exhibit 06
SEE THE PAPER COPY OF THE MASTER SET
FOR SECTION 71 - EXHIBIT 06
R6 SUPPLEMENT 5409.17-91-10
EFFECTIVE 10/15/91
5409.17, 70
Page 11 of 13
71 - Exhibit 07
SEE THE PAPER COPY OF THE MASTER SET
FOR SECTION 71 - EXHIBIT 07
R6 SUPPLEMENT 5409.17-91-10
EFFECTIVE 10/15/91
5409.17, 70
Page 12 of 13
71 - Exhibit 08
SEE THE PAPER COPY OF THE MASTER SET
FOR SECTION 71 - EXHIBIT 08
R6 SUPPLEMENT 5409.17-91-10
EFFECTIVE 10/15/91
5409.17, 70
Page 13 of 13
71 - Exhibit 09
SEE THE PAPER COPY OF THE MASTER SET
FOR SECTION 71 - EXHIBIT 09