2730
Page 1 of 7
FOREST SERVICE MANUAL
INTERMOUNTAIN REGION (REGION 4)
OGDEN, UT
FSM 2700 – SPECIAL USES MANAGEMENT
CHAPTER 2730 – ROAD AND TRAIL RIGHT-OF-WAY GRANTS
Supplement No.: 2700-2011-2
Effective Date: November 7, 2011
Duration: This supplement is effective until superseded or removed.
Approved: HARV FORSGREN
Regional Forester
Date Approved: 10/21/2011
Posting Instructions: Supplements are numbered consecutively by Title and calendar year.
Post by document; remove entire document and replace it with this supplement. Retain this
transmittal as the first page(s) of this document. The last supplement to this title was 2700-20111 to FSM 2700 Zero Code.
New Document(s):
2730
7 Pages
Superseded Document(s) by
Issuance Number and
Effective Date
2730 (Supplement 2700-95-3, 11/9/1995)
3 Pages
Digest:
2730.03 – Adds three paragraphs to guide the evaluation of ingress/egress road use requests of
National Forest System land by Non-Federal landowners and provides cross reference
regulations at 36 CFR 251, subpart D – Access to Non-Federal Land.
2731.04b – Revises the Director title from Recreation and Lands to Director of Lands and
Minerals.
2731.04c –Retains direction that Forest Supervisors are responsible for the preparation and
execution of Letters of Consent for Federal-aid highways approved under environmental analysis
by the Federal Highway Administration (FHWA). Revises wording that Forest Supervisors must
determine if a forest plan amendment is necessary for a Federal-aid highway, and are responsible
R4 SUPPLEMENT 2700-2011-2
EFFECTIVE DATE: 11/7/2011
DURATION: This supplement is effective until superseded or removed.
2730
Page 2 of 7
FSM 2700 – SPECIAL USES MANAGEMENT
CHAPTER 2730 - ROAD AND TRAIL RIGHT-OF-WAY GRANTS
for making a decision to amend a forest plan. Adds that Forest Supervisors are responsible for
recording the FHWA easement issued and providing a copy to the Regional Office.
2732.04d – Reinstates delegated authority to the Regional Director of Lands and Minerals to
execute easements pursuant to the Forest Roads and Trails Act (FRTA) over Regional Forester’s
name and title and provides direction to submit executed easements to the Forest Supervisor or
appropriate staff for County recordation and transmittal to the holder. Directs that at the request
of a Forest Supervisor and in consultation with the Office of the General Counsel, the Director
may initiate actions to revoke or suspend FRTA easement for reasons other than at a holder’s
request.
2732-04e – Clarifies that Forest Supervisors may approve and execute FRTA Cost Share and
Non-Cost Share easements when those easements and associated supplements have been
certified to correctness by a journey level cost share specialist. Removes delegation to execute
other FRTA easements, but clarifies the responsibilities the Forest Supervisor retains, such as
making approval decisions, administration, and discretion to terminate at a holder’s request.
Adds cross references to related policy at FSM 5460, FSH 5409.17, and FSH 2709.12.
2733.04b – Reinstates delegated authority to the Regional Director of Lands and Minerals to
execute easements, reservations, and other rights-of-way involving the granting or acquisition of
real property interests pursuant to the Federal Land Policy and Management Act (FLPMA),
consistent with the direction provided in FSM 5462 through 5465. Provides direction to submit
executed easements to the Forest Supervisor for County recordation and transmittal to the holder.
Directs that at the request of the Forest Supervisor and in consultation with the Office of the
General Counsel, the Director may initiate actions to revoke or suspend FLPMA easements for
reasons other than at a holder’s request.
2733.04c – Removes delegation to execute FLPMA road use easements, but clarifies the
responsibilities the Forest Supervisor retains, such as making approval decisions, administration,
and discretion to terminate an easement at a holder’s request. Directs that Forest Supervisors
provide the Regional Office with letters documenting the holder requested termination. Retains
authority to approve, prepare and execute FLPMA road use permits.
R4 SUPPLEMENT 2700-2011-2
EFFECTIVE DATE: 11/7/2011
DURATION: This supplement is effective until superseded or removed.
2730
Page 3 of 7
FSM 2700 – SPECIAL USES MANAGEMENT
CHAPTER 2730 - ROAD AND TRAIL RIGHT-OF-WAY GRANTS
2730.3 – Policy
4. In issuing a special-use authorization for access to non-Federal lands, the authorized
officer shall authorize only those routes and methods that are needed for the reasonable use and
enjoyment of the land and that minimize the impacts on the Federal resources. When access
routes exist across adjacent non-Federal lands, or the best route is across non-Federal lands, the
applicant must demonstrate that all legal recourse has been exhausted, or an alternate route has
little chance of success prior to consideration of access across National Forest System land.
Refer also to section 2734.6 of FSM 2730 and regulations at 36 CFR 251, Subpart D.
Examples of alternate routes or methods of access are:
Overland or cross-country access via walking or horseback,
Access by trail via walking, horseback or mechanized equipment,
Roads of varying specifications and design standards,
Aircraft
Aerial tramway
Watercraft
5. The landowner may be required to provide a reciprocal, linear-for-linear, grant of
access to the United States across the landowner's property where such reciprocal right is deemed
necessary by the authorized officer for management of adjacent Federal land. Reciprocity should
be initiated early in the negotiations.
6. When it is in the public interest for the Government to participate in development of a
facility to meet National Forest System transportation needs or to avoid dual or stage
construction, the Forest Service should attempt to finance that portion of work attributable to
National Forest traffic needs. If, however, funds are unavailable for Forest Service participation,
consider one of the following alternatives:
a. If stage construction is environmentally acceptable, permit applicant to construct
an efficient, safe and environmentally sound facility for the traffic needed and
regulate other traffic as necessary. Encourage the holder to design and construct the
road so the Forest Service may economically and feasibly enlarge or adjust the road
when funding does become available.
b. Reach agreement with the applicant to defer construction until the Forest Service
can cooperate financially.
R4 SUPPLEMENT 2700-2011-2
EFFECTIVE DATE: 11/7/2011
DURATION: This supplement is effective until superseded or removed.
2730
Page 4 of 7
FSM 2700 – SPECIAL USES MANAGEMENT
CHAPTER 2730 - ROAD AND TRAIL RIGHT-OF-WAY GRANTS
2731 - DEPARTMENT OF TRANSPORTATION EASEMENTS
2731.04 - Responsibility
2731.04b - Regional Foresters
The Director of Lands and Minerals may represent the Regional Forester in all activities
identified in the parent text of this section (Department of Transportation Easements).
2731.04c – Forest Supervisors
Forest Supervisors are delegated the authority to:
1. Determine if a forest plan amendment is necessary for the Federal-aid highway and
ensure that the Federal Highway Administration (FHWA) addresses this need in their
environmental analysis for the project. Issues decisions related to forest plan amendments.
2. Approve and issue decision documents pursuant to environmental analysis prepared for
a Federal Highway Administration (U.S. Department of Transportation), or a State or County
highway or transportation agency.
3. Prepare and execute Letters of Consent and stipulations for Federal-aid highway projects
to the FHWA. The FHWA is responsible for issuance of the Department of Transportation
easement.
4. Implement decisions made as described above, and decisions that are categorically
excluded from documentation in an environmental impact statement or environmental
assessment by preparing and providing to the Federal Highway Administration, Letter of
Consent packages that respond to applications by State or County public road agencies for the
issuance of U. S. Department of Transportation highway easements.
5. Once issued, ensure that a copy of the Department of Transportation easement document
is recorded with the County(ies) of record and a copy is submitted to the Regional Office Lands
Special Uses staff.
6. Report any violations of the terms and conditions of a highway easement deed or
stipulation to the Regional Federal Highway Administrator.
2732 – NATIONAL FOREST ROAD AND TRAIL ACT EASEMENTS
2732.04 – Responsibility
2732.04d – Regional Director of Lands
R4 SUPPLEMENT 2700-2011-2
EFFECTIVE DATE: 11/7/2011
DURATION: This supplement is effective until superseded or removed.
2730
Page 5 of 7
FSM 2700 – SPECIAL USES MANAGEMENT
CHAPTER 2730 - ROAD AND TRAIL RIGHT-OF-WAY GRANTS
1. The Regional Director of Lands and Minerals is delegated the authority to execute for
the Regional Forester (over the Regional Forester's name and title), easements issued pursuant to
the Forest Road and Trail Act (FRTA). Replace standard form signature block with that
provided in Region 4 supplement at FSH 2709.12.
Upon execution of an easement the Regional Office will return the easement to the Forest
Supervisor or appropriate staff for County recordation and issuance to the holder.
2. In consultation with the Office of the General Counsel, the Director of Lands and
Minerals may, upon the request of the Forest Supervisor, initiate actions to suspend or revoke
easements in accordance with the Rules of Practice Governing Formal Adjudicatory
Administrative Proceedings instituted by the Secretary under 7 CFR 1.130 - 1.151.
2732.04e – Forest Supervisors
Forest Supervisors are delegated the authority to:
1. Make approval decisions, prepare and execute Cost Share and Non-Cost Share FRTA
easements, associated supplements, and temporary road permits covered by a cost share
agreement that have been certified as to correctness by a journey level cost share specialist (refer
to FSM 5460, FSH 5409.17, and FSH 2709.12, sections 31 through 33).
2. Make approval decisions and prepare all Public, Forest and Private road easements
pursuant to the FRTA, in accordance with all other applicable laws and regulations. Ensure that
the easement and supporting data are transmitted to the Regional Director of Lands and Minerals
for execution.
3. Administer FRTA road easement in accordance with its terms and conditons, applicable
law, regulation, and policy, including issuing notices of non-compliance and initiating immediate
suspension as provided in 36 CFR 251.60(2)(iii)(f).
4. Terminate such easements with the consent of the grantee. Upon execution of FRTA
easement terminations, the Forest Supervisor will submit to the Regional Office Lands Special
Uses staff a letter quality copy of the certified and executed termination document, together with
recording information and other related support information.
Refer to Regional Supplement to FSH 2709.12, chapter 30, regarding easement preparation,
County recordation, and issuance.
R4 SUPPLEMENT 2700-2011-2
EFFECTIVE DATE: 11/7/2011
DURATION: This supplement is effective until superseded or removed.
2730
Page 6 of 7
FSM 2700 – SPECIAL USES MANAGEMENT
CHAPTER 2730 - ROAD AND TRAIL RIGHT-OF-WAY GRANTS
2733 - FEDERAL LAND POLICY AND MANAGEMENT ACT RIGHTS-OF-WAY
2733.04 – Responsibility
2731.04b - Regional Foresters
The Director of Lands and Minerals is delegated the authority to:
1. Execute for the Regional Forester (over the Regional Forester's name and title),
easements, rights-of-way reservations in mineralization areas and any other rights-of-way
involving acquistion or grant of real property interests (refer to FSM 5462 through 5465)
pursuant to the Federal Land Policy and Management Act (FLPMA). Replace standard form
signature block with that provided in Region 4 supplement at FSH 2709.12.
Upon execution of an easement the Regional Office will return the easement to the Forest
Supervisor for County recordation and issuance to the holder.
2. In consultation with the Office of the General Counsel, the Director of Lands and
Minerals may, upon the request of the Forest Supervisor, initiate actions to suspend or revoke
easements in accordance with the Rules of Practice Governing Formal Adjudicatory
Administrative Proceedings instituted by the Secretary under 7 CFR 1.130 - 1.151.
2733.04c - Forest Supervisors
Forest Supervisors are delegated the authority to:
1. Make approval decisions and prepare all Forest and Private road easements pursuant to
FLPMA, and in accordance with all other applicable laws and regulations. Ensure that the
easement and supporting data are transmitted to the Regional Director of Lands and Minerals for
execution.
2. Administer FLPMA road easements in accordance with its terms and conditons,
applicable law, regulation and policy, including issuing notices of non-compliance and initiating
immediate suspension as provided in 36 CFR 251.60(2)(iii)(f).
3. Terminate such easements at the request of the grantee; or on the occurrence of a fixed
or agreed upon condition, event, or time when the easement, by its terms, provides for such
termination. Upon easement termination, the Forest Supervisor will submit to the Regional
Office Lands Special Uses staff a letter documenting the termination notification, together with
recording information and other related support information.
4. Approve, prepare, execute, and administer FLPMA permits for road rights-of-way
pursuant to the authority referenced above and in accordance with the regulations at 36 CFR
251, Subpart B and D.
R4 SUPPLEMENT 2700-2011-2
EFFECTIVE DATE: 11/7/2011
DURATION: This supplement is effective until superseded or removed.
2730
Page 7 of 7
FSM 2700 – SPECIAL USES MANAGEMENT
CHAPTER 2730 - ROAD AND TRAIL RIGHT-OF-WAY GRANTS
Refer to Regional Supplement to FSH 2709.12, chapter 30, regarding easement preparation,
County recordation, and issuance.