Wallowa-Whitman Supplement 5409.17-91-2
Effective 05/15/91
63.3-64.2
Page 1 of 10
FOREST SERVICE HANDBOOK
BAKER CITY, OREGON
5409.17 – RIGHT-OF-WAY ACQUISITION HANDBOOK
Wallowa-Whitman Supplement No. 5409.17-91-2
Effective 05/15/91
POSTING NOTICE. Supplements to this handbook are number consecutively. Check the last
transmittal received for this title to see that the above supplement number is in sequence. If not,
obtain intervening supplement(s) at once on Form 1100-6. Do not post this supplement until the
missing one(s) is received and posted. After posting retain this transmittal until the next
supplement to this title is received. Place it at the front of the title.
Document Name
No. of Sheets
Superseded
63.3-64.2
Digest:
Entire text is replaced except for ID’s.
Subsequent supplements will be issued by document.
/s/Charles L. Ernst for
R.M. RICHMOND
Forest Supervisor
0
New
10
Wallowa-Whitman Supplement 5409.17-91-2
Effective 05/15/91
63.3-64.2
Page 2 of 10
RIGHT-OF-WAY ACQUISITION HANDBOOK
CHAPTER 60 – ROAD RIGHT-OF-WAY CONSTRUCTION AND USE AGREEMENTS
The cost share work for the Wallowa-Whitman National Forest is to be accomplished by the
Northeast Oregon Lands Zone, headquartered in Baker City, in consultation with each District.
When the need for a Supplement to the Agreement is identified, the cost share critical path
schedule on page 10 (Exhibit 2) will be completed jointly by the District, Engineering, and Zone
staff responsible for the case. This critical path will set target dates for the crucial steps in the
process and will be signed by the appropriate staff as itemized on the form. Cases can be
completed in a timely and cost effective manner if communication is maintained between all
involved personnel, and each step of the process is accomplished by the target dates as assigned.
The outline which follows lists the steps and the responsible party in the Agreement and
Supplemental preparation process. It provides additional details about the steps identified on the
Critical Path. Essentially the same process will be followed for either Forest Service or
Cooperator initiated projects. The process is intended as a guideline. It is recognized that some
projects will have ramifications that will dictate other actions.
For additional information on the Northeast Oregon Lands Zone and Forest responsibilities for
right-of-way and cost share cases, refer to Wallowa-Whitman Forest Supplement 5400-91-2 in
FSM 5400.
Wallowa-Whitman Supplement 5409.17-91-2
Effective 05/15/91
63.3-64.2
Page 3 of 10
RIGHT-OF-WAY ACQUISITION HANDBOOK
NORTHEAST OREGON LANDS ZONE
ROAD RIGHT-OF-WAY CONSTRUCTION AND USE AGREEMENTS
FSH 5409.17 Chapter 60
DR – District Ranger
FS – Forest Supervisor/
Appropriate Staff
ENG – Zone Engineering
ZONE – Northeast Oregon
Lands Zone
COOP – Cooperator
RESPONSIBILITY
DR FS ENG ZONE COOP
PROGRAM PLANNING AND ADMINISTRATION
BUDGET DEVELOPMENT AND TRAINING
X
X
X
*
X
X
*
X
Provide overall agreement and administration.
*
X
Determine need for Supplement to Agreement
*
X
Coordinate long term transportation plans. (Section 12
of the Agreement)
X
Inform cooperator, in writing, of any proposed construction
or reconstruction within the Agreement Area. (Section 3 of the
agreement).
X
Develop and administer maintenance plans on all agreement roads.
(Section 9 and 12a-d of the Agreement)
X Responsible Party
* Provides consultation and technical assistance, as needed
Wallowa-Whitman Supplement 5409.17-91-2
Effective 05/15/91
63.3-64.2
Page 4 of 10
RESPONSIBILITY
DR FS ENG ZONE COOP
X
X
X
X
X
X
Annually account for and document in writing the maintenance
obligations of the two parties, including surface replacement
obligations. (Section 11 of the Agreement)
*
Negotiates prolonged, on the ground problems.
X
Prepare and submit annual cost share accounting statements and
reports. (Section 11 of the Agreement)
X
Request monies for acquisitions and grants annually.
X
Assess and provide for appropriate training of District and Forest
personnel in the cost share process.
X
Prepares excess cost plan (FSM 5467.85C).
*
Schedule timber sales and assign collection rights to pay off excess
costs (Make provisions for meeting FS share).
*
X
Resolve damage disputes.
PROJECT DEFINITION – PRE TRANSPORATION PLANNING
X
X
X
Indentify access needs as part of preliminary project transportation
plan.
X
X
X
Analyze all alternative routes in terms of economics, whether long
or short term access is needed, resource values, road densities,
other impacts.
X
*
X
Select preliminary route. Notify cooperating party. Request
written response, within thirty days, whether Cooperator will
share in the proposed project or if they decline to share. The
decision will dictate how to proceed. Use Exhibit 1, Cost Share
Process – Selection Key, on the following page, to determine how
to proceed.
*
X Responsible Party
* Provides consultation and technical assistance, as needed
Wallowa-Whitman Supplement 5409.17-91-2
Effective 05/15/91
63.3-64.2
Page 5 of 10
EXHIBIT 1
COST SHARE PROCESS – SELECTION KEY
1. Forest Service or Cooperator propose new construction within the Agreement Area
boundary. Nonconstructing party agrees to share in the proposed construction. Process
Cost Share Supplement - Skip to page 6
2. Cooperator or Forest Service proposes construction across their own lands.
Nonconstructing part determines they do not wish to share in the proposed construction.
No further coordination is necessary. Declining party internally documents decision not
to share.
3. Cooperator proposes construction across NFS lands. Forest Service determines that they
do not which to share. No agreement on an alternative location to meet the needs of both
parties can be reached. Cooperator needs long term access and requests easement.
Process Non-Cost Share Easement Grant – Skip to page 9.
4. Same scenario as #3 above, except Cooperator needs only short term access and does not
request easement. Forest Service issues Temporary Cost Share Agreement Road Permit
(Exhibit G of Agreement). NEPA requirements must be met for construction across NFS
lands.
5. Forest Service proposes construction across cooperator lands. Cooperator declines to
share. No agreement on alternative location to meet the needs of both parties can be
reached. Cooperator grants Non Cost Share Easement (long term access) or Temporary
Cost Share Agreement Road Permit (short term access) to Forest Service, per Section 13
of the Agreement.
6. Cooperator or Forest Service proposes to cost share and acquire an easement on an
existing road (BUY-IN) across the other party’s lands. Process Cost Share Supplement –
Skip to page 6.
7. Cooperator or Forest Service proposes reconstruction on previously shared road.
Nonconstructing party determines they wish to share in the reconstruction. Process Cost
Share Supplement – Skip to page 6.
8. Cooperator or Forest Service proposes reconstruction on a previously shared road.
Nonconstructing party determines they do not wish to share in proposed work.
a. Forest Service cannot proceed with reconstruction of a shared road without
cooperator agreement to share (unilateral action) unless approved in writing by
the Regional Forester. Contact Zone for assistance.
b. If Cooperator proposes reconstruction of a previously shared road and the Forest
Service determines they do not wish to share, consult with Zone on how to
proceed.
Wallowa-Whitman Supplement 5409.17-91-2
Effective 05/15/91
63.3-64.2
Page 6 of 10
RESPONSIBILITY
DR FS ENG ZONE COOP
FOREST SERVICE
INITIATED
PROPOSALS
COOP
INIT
PROP
I – PROCESS FOR A COST SHARE SUPPLEMENT
DR FS ENG ZONE COOP
X
*
X
X
X
X
Prepare Decision document for Ranger Signature. Address
alternatives considered and rationale for selecting cost share
alternative.
X
X
Agree on target dates for accomplishment. Document agreement
on Critical Path (Exhibit 1). Add case to Zone ROW workplan.
X
Agree on road standards and design criteria of the proposed
construction or reconstruction to meet the long term resource
management goals and transportation needs of both parties.
Document agreement.
Project will involve either rawland construction, buy-in of an
existing road, or reconstruction of a previously shared road. If
the project involves:
a. Rawland Construction:
X
X
X
Locate preliminary route on the ground.
X
X
X
Notify cooperating party. Jointly inspect location. Adjust
as necessary to meet needs of both parties. Document
agreement.
X
X
X
X
X
X
*
Survey roads to the precision necessary to gather sufficient
information to meet design criteria requirements. Collect
necessary corner tie information to prepare plat. (See FSH
5409.17, R-6 Supp. No. 1, 63—1, for plat standards)
b. Buy-in of Existing Road/No Reconstruction
X
Jointly inspect existing roads, agreeing on present day value of
The road (See FSH 5409.17 section 66.12).
X
Gather necessary information to prepare plat (See FSH
5409.17, R-6 Supp. No. 1, 63—1, for plat standards for
an existing road).
X Responsible Party
* Provides consultation and technical assistance, as needed.
Wallowa-Whitman Supplement 5409.17-91-2
Effective 05/15/91
63.3-64.2
Page 7 of 10
RESPONSIBILITY
DR FS ENG ZONE COOP
FOREST SERVICE
INITIATED
PROPOSALS
COOP
INIT
PROP
I – PROCESS FOR A COST SHARE SUPPLEMENT
DR FS ENG ZONE COOP
c. Reconstruction of a Previously Shared Road
X
X
X
Agree on standards for the reconstruction. Determine what
work is upgrade of existing standard and what is deferred
maintenance. Share maintenance under Maintenance
Agreement. Share work to upgrade the road under terms of
the Supplement.
X
X
Survey road as necessary to estimate quantities for
reconstruction and to gather sufficient information to meet
design criteria requirements only, since no easements will be
exchanged.
X
*
X
Agree on specialist input necessary for resource protection and/or
those required by law for actions on NFS lands. Specialists costs
will be shared if their analysis is required by laws, Regulations, or
Executive orders. (See FSH 5409.17, R-6 Supp. No. 3, 61.2.0—2)
Any other specialist cost incurred in process can be shared if
agreement is reached with cooperator.
X
*
X
Begin data collection for fact sheet – agree on road segmentation
and tributary area. Tributary areas will be determined by actual
and planned transportation system.
*
X
Prepare base map to be used as Exhibit for Fact Sheet, showing
segmentation and tributary area. Consult Zone for assistance in
preparation of this Exhibit.
X
Design roads. Secure cooperator agreement.
X
Prepare cost estimates for each road segment (See FSH 5409.17
sections 64.3 and 66.12). Costs for construction or reconstruction
will be estimated based on when the work will be completed. Use
of R-6 Cost Guide is preferred method. Secure cooperator
agreement and signature on Cost Estimates.
X
X
*
X
X
X
*
X Responsible Party
* Provides consultation and technical assistance, as needed
Wallowa-Whitman Supplement 5409.17-91-2
Effective 05/15/91
63.3-64.2
Page 8 of 10
RESPONSIBILITY
DR FS ENG ZONE COOP
FOREST SERVICE
INITIATED
PROPOSALS
COOP
INIT
PROP
I – PROCESS FOR A COST SHARE SUPPLEMENT
DR FS ENG ZONE COOP
X
X
X Complete collection of data for Fact Sheet, including agreed to
estimates of light traffic, road history, tributary volumes, past and
projected haul. Contact Zone for assistance in this data collection
phase. Secure cooperator agreement on all data used for
computing shares.
X
X
Prepare Fact Sheet.
X
Review and sign Fact Sheet. Secure cooperator review and
signature.
X
Complete and approve plats.
X
X
Prepare Supplement and Easements.
X
X
X
Certify and Sign Supplement. If no easements are to be
exchanged, project can proceed at this time.
X
*
X
Execute Easements.
X
X
Record Deeds and order final title insurance policy.
X
X
X
X
X
X
*
Clear Title. Submit Title packet to RO for OGC approval.
X
X
Approve Title. Project can proceed at this time.
Accept, in writing, work by non-constructing party,
following completion of the project.
X
Make notation on Statement of Account when letter of
acceptance is received.
*
Assign and manage collection rights, as necessary.
X Responsible Party
* Provides consultation and technical assistance, as needed
Wallowa-Whitman Supplement 5409.17-91-2
Effective 05/15/91
63.3-64.2
Page 9 of 10
RESPONSIBILITY
II– PROCESS FOR GRANTING NON-COST SHARE EASEMENT
DR FS ENG ZONE COOP
X
X
X
*
Prepare Transportation Plan for Forest Engineer signature. Show
general route to be constructed, rationale for Forest Service not
needing or sharing in road, and selected alternative access on NFS
lands crossed by the proposed road (if access needed).
X
X
Agree on road location that adequately prevents undue damage to
resources and values and does not unduly interfere with the
planned or anticipated uses of adjacent NFS lands. (See Section
13 of Agreement)
X
Survey Road. (Consult Zone for standard)
X
Prepare Plat to standard.
*
Comply with NEPA requirements for construction across NFS
lands. Cooperator may choose to complete necessary analysis
(to our standards) if Forest Service timeframe for completion
does not satisfy cooperator scheduling needs.
X
X
*
Prepare Decision Memo (or Decision Notice, as necessary)
for Director of Lands signature.
X
Prepare Deed for Director of Lands signature.
X
Secure required signatures and Decision document and Deed.
X
X
X
Prepare Plans and Specifications, insuring that road is
constructed to a standard adequate to prevent damage to
adjacent NFS lands, for Forest Engineer signature.
Record Deed.
Insure compliance with Plans and Specifications during
construction.
X Responsible Party
* Provides consultation and technical assistance, as needed
Wallowa-Whitman Supplement 5409.17-91-2
Effective 05/15/91
63.3-64.2
Page 10 of 10
EXHIBIT 2
FISCAL YEAR ACTION PLAN AND PROGRESS RECORD (COST SHARE CASES)
USDA – Forest Service
National Forest
District
Case Assigned to
1. Road Number(s)
2. Cost Share Agreement
and Supp Number
3. TS or Project Name and
TS Appraisal or Contract
Award Date
PLND
ACC
PLND
ACC
PLND
ACC
PLDN
ACC
PLND
ACC
RESPONSIBILITY
FOR
ACCOMPLISHMENT
DR
SO
LANDS
ENG AONE
OR
EZ
4. Preliminary
Transportation Plan: Notify
Cooperator of Plan
XX
5. Answer Given by
Cooperator on Willingness
to Share
6. Agree on Location,
Standards, and Specs. etc.
Who Does Work
7. Approved Transportation
Plan & Completed RMO
XX
XX
XX
XX
8. Approved EA/DN
9. ROW Planning &
Presurvey Prework
Checklist Comp.
10. Order Preliminary Title
Policy*
11. Survey Roads Secure
Coop Agreement
12. Design Roads Secure
Coop Agreement
13. Plans-in-Hand
Review Secure Coop
Agreement
14. Cost Estimate Prepared
XX
XX
XX
XX
XX
XX
XX
XX
XX
15. Cost Estimate
Approved
16. Compiled Data for Fact
Sheet Complete/to Zone
XX
XX
17. Approved ROW Plat to
Zone*
18. Negotiations
Completed; Write Fact
Sheet
19. Fact Sheet signed by
All Parties
20. Write Supp (and
Easements*)
21. Packet to Regional
Office for Certification
Signed by RF
22. Supp (&Ease.*) Signed
by Cooperators
23. Record Deed; Order
Final Title Ins
24. Clear Title Defects*
25. Final Title Packet to
RO Approval by OGC
26. Accomplishment
Reported
27. Documented Approval
of Completed Work
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX XX
28. Update Statement of
Account
XX
*Not needed when sharing in road project where easements have already been exchanged (road already Cost-shared)
Schedule Agreed to By:
___________________________Date__________________ ____________ ________Date_______________ ____________________Date____________
District Ranger
District/SO/Z Engineering
Lands Zone