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FOREST SERVICE MANUAL
DENVER, CO
TITLE 5400 - LANDOWNERSHIP
R2 Supplement No. 5400-98-1
Effective October 27, 1998
POSTING NOTICE. Supplements to this title are numbered consecutively. Post by
document name. Remove entire document and replace with this supplement.
Retain this transmittal as the first page of this document. The last supplement to
this Title was Supplement 5400-94-2 to FSM 5450.
This supplement supersedes Supplement 5400-93-2 to FSM 5410.
Document Name
5410
Digest:
Superseded New
(Number of Pages)
9
10
5410.42b - Converts separate appraisal zones into a Valuation Service Team for the
Region.
5410.42c(1) - Removes Items b and d which are described in Exhibit 01.
5410.42c Exhibit 01 - Removes the obsolete terms "preliminary value estimates"
and "Statement of Intent". Removes the option to have the appraisal assigned to a
staff, Forest Service contract, or non-Federal party contract appraiser. Adds
submission of HAZMATS and the option of submitting graphic color copies of maps.
5410.42c(2) - Modifies "Opinion of Value" to "Estimate of Value".
5410.42c(3) - Changes reference code 223 (FSM 2722.24a) to 231 (FSM 2722.31).
5410.42c(4) Detailed Work Request - Changes "preliminary estimate of value" to
"consulting advice".
5410.42c(4) (1) (a) - Removes the obsolete term "Statement of Intent".
5410.42c(4) (1) (d) - References Exhibit 1 for map requirements rather than
duplicating them.
5410.42c(4) (5) - Changes the requirement that fee appraisers be approved by a
Qualified Review Appraiser to the requirement that the fee appraiser be listed on
the "General solicitation of Successful Bidders by State" for Region 2.
5412 - Disclosure of Appraisal Information - Removed as it duplicated Interim
Directive 5410-97-1 dated 11/28/97.
LYLE LAVERTY
Regional Forester
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FSM 5400 - LANDOWNERSHIP
R2 SUPPLEMENT 5400-98-1
EFFECTIVE 10/27/98
CHAPTER 5410 - APPRAISALS
5410.42b - Regional Appraiser. The Valuation Service Team, chartered in 1996 by
the Regional Leadership Team, provides all 10 Forests in the Region with valuation
services in support of landownership adjustment, ROW acquisition, special-use,
administrative site, conveyance, leasing, and other real property programs.
Although the Valuation Service Team is based on a zone concept, the Regional
Appraiser shall replace adherence to designated zone boundaries with emphasis on
Region-wide support.
At the written request of a Forest Supervisor, the Regional Appraiser will provide
appraisal services on a priority basis. Zone appraisers are responsible for assisting
forests by providing valuation services, including appraisal, review, and contracting
skills and advice.
5410.42c - Forest Supervisor. By October 1 for each fiscal year, the Forest
Supervisor shall submit to the Regional Appraiser a request for needed appraisal
services, including anticipated contract appraisals. Update the request at midyear
to show any additions, deletions, and changes in priority. List the cases in order of
priority and specify the date each appraisal service or contract appraisal ise needed.
Also include the data listed for each of the following classes of appraisals:
Initial Planning Request.
1. Purchase or Exchange Appraisals.
a. "Request for Appraisal" format (ex. 01) for each case.
b. A brief description of all improvements on the property tobe
appraised.
c. A brief statement explaining the status of the case in the
purchase or exchange program and explanation of priority. For
exchanges, include a signed copy of the Statement of Intent or
Agreement to Initiate which should include accurate legal descriptions
and a listing of all outstanding rights and proposed reservations for both
Federal and non-Federal lands.
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5410.42c - Exhibit 01
United States
Department of
Agriculture
File Code:
Route To:
Subject:
To:
Forest
Service
5410
Date:
*
*
Request for Appraisal Services
Regional Appraiser, R-2
We would like to request appraisals in compliance with Forest Service Manual 5410, R-2
Supplement, for the following property(ies):
Federal:
(Insert legal description and acreage)
Non-Federal:
(Insert legal description and acreage)
The estate to be appraised (fee simple, reservation of mineral interests, outstanding rights which
may affect value, fractional ownership, and so forth.) for all ownerships shown above includes:
Federal:
Non-Federal:
These lands are part of the
(land exchange, STA, donation, right-of-way, land-use
authorization) case. We request that these appraisal(s) be completed and values approved by
, 19 . This case will be hereafter referred to under file designation
and identified by the
following official case name:
.
The following documents have been prepared and are attached to this request to expedite
processing:
Agreement to Initiate (exchanges), STA application, land-use authorization, donation
offer letter
__ Two original vicinity maps or graphic color copies showing the property to be appraised
and the landownership in the neighborhood. One map should be a 1/2" = 1 mile Forest
recreation map--preferably cut to 8 1/2" X 11" size--and the other map should be a
1:24,000 scale primary base series map withtopography or USGS quadrangle map
(required).
Plats, if applicable (rights-of-way, land uses, STA).
Land Status *Federal property (required).
Title Commitment *non-Federal property (required).
Draft deeds, if applicable.
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HAZMATS
Attach additional documents or statements of explanation for all items specified under this case
type in Section A or B, FSM 5410.43, in the R-2 Supplement referenced above.
We have $
available in Management Code _______________ to fund the appraisal cost.
We understand that the Regional Appraiser will assign this appraisal need based on the
requirements in Forest Service Manual 5410.42a, 5410.6, and FSM 5411. This assignment,
when completed by a Forest Service staff appraiser, falls within the scope of that appraiser's
official duties as a Federal employee.
Should you need additional information, please contact
Supervisor's Office), telephone
.
FOREST SUPERVISOR
Enclosures
of
(Ranger District,
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2. Rights-of-Way Appraisals. Submit requests only for those rights-of-way for
system roads and trails or other rights-of-way which are fully planned,
programmed, and funded and which do not appear to qualify for preparation of an
Estimate of Value. Make certain funds are available for contract appraisal and for
right-of-way purchase. Consider all rights-of-way cases as "must" acquisitions and
possible condemnation cases. Program rights-of-way required for a specific resource
goal, such as a planned timber sale, for acquisition no later than the fiscal year
preceding the programmed resource need. The following data are needed:
a. "Request for Appraisal" format for each case.
b. Case designation.
c. Purpose for acquiring the right-of-way and for constructing the
road (timber sale, hunter access, all purpose, and so forth) and
explanation of priority assigned.
d. Legal description of all of the landowner's contiguous property
through which the right-of-way passes.
e. Maps: Same as in exhibit 01, and sketch map of proposed
of-way to be acquired.
right-
f. Brief description of all improvements on larger parcel.
3. Special-Use Fee Appraisals. The Forest Supervisor should review feeson all
permits issued for a given kind code in one appraisal report. Forexample, all
special-use permitted "Buildings" kind coded 231 (FSM 2722.31) ona given Forest,
should be appraised at one time. There may be economicadvantage to appraising
like uses on adjoining Forests together. The following data are needed.
a. "Request for Appraisal" format for each use code.
b. Name of each individual recreation homesite, organization site, or
other special-use site to be appraised.
c. Legal description of permitted area(s).
d. Maps: Same as exhibit 01.
e. Brief description of all permitted improvements.
4. Other Appraisals.
a. "Request for Appraisal" format for each case.
b. Case designation.
c. Estate to be appraised.
d. Maps: Same as exhibit 01.
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e. Legal description of property to be appraised.
f. Brief description of all improvements on property to be appraised.
Detailed Work Request. The Regional Appraiser must issue an appraisal schedule
based on the data provided by the Forest Supervisors and consultation with the
zone appraisers. Send a copy of the schedule to each Forest Supervisor after the
beginning of the fiscal year and at midyear. The schedule should indicate the date
the appraiser will begin work on each case or the status of the appraisal. Six weeks
prior to the scheduled date, send a proposal packet for each case directly to the
assigned zone appraiser consisting of the information listed for the following classes
of appraisals.
Appraisers may provide timely service and begin an assignment when a complete
package is received as specified above. The appraisal may fall out of existing
priorities and be reprioritized when a complete package is not received. Any
property suspected of including hazardous substances must have a Hazardous
Materials (HAZMAT) report prepared before a formal appraisal can be contracted.
Staff appraiser consulting advice may be provided prior to completion of a HAZMAT
report, but property cannot be appraised before receipt and evaluation of the
HAZMAT report.
1. Land Exchanges.
a. A copy of the Agreement to Initiate signed by the proponent and
Forest Supervisor indicating permission for the appraiser to enter
upon and appraise the property.
b. Current title commitment report covering only the non-Federal
land and Land Status Report (or preliminary) covering only the Federal
land included in the current proposal.
c. The full legal name of the proponent and, if married, that of the
spouse (should be shown in title commitment).
d. Maps: Same as exhibit 01.
e. A properly executed Certificate of Possession, Form FS-5400-37,
listing all the physical evidence of actual use and occupancy on the
non-Federal land.
f. A statement concerning the mineral potential or past mineral
activity on or near the property to be appraised or mineral reports,if
available.
g. A statement of the water rights situation and their proposed
disposition, if any.
h. A separate encumbrance map (may be color machine copy of largescale USFS or USGS) with a list of all encumbrances on the Federal land,
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as well as copies of each permit or easement. Encumbrances include, but
are not limited to:
(1) Special use permits.
(2) Other easements, including USDA, USDI, and USDOT.
(3) Mining claims.
(4) Withdrawals.
(5) Grazing obligations.
(6) Occupancy trespass.
(7) FERC permits or licenses requiring "waiver".
The map and list for Item h. will show any planned reservations,
such as roads.
i. A separate list of those encumbrances enumerated in item h.
j. When requested, an aerial photograph (in individual cases
dictated by circumstances and on a loan basis only) with subject areas
platted on an overlay.
2. Purchases.
a. A copy of the informal offer letter signed by the landowner
containing:
(1) The full legal description of the non-Federal land.
(2) Permission for the appraiser to enter and appraise the
property.
(3) The landowner should indicate if they do/do not wish to
accompany the appraiser.
(4) The full legal name of the landowner and, if married, that of the
spouse.
(5) Any outstanding rights, not of record, of which the landowner has
knowledge. List grazing leases or permits, mineral leases, timber sale
contracts, and so forth.
(6) Any reservations proposed by the landowner.
(7) A description of the improvements on the property. Do they
go with the offer? Are they owned by the landowner? Are they
occupied by owner or tenant?
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b. Current title commitment covering only the lands to be appraised.
c. Maps: Same as exhibit 01.
d. A properly executed Certificate of Possession, form FS-5400-37,
listing all of the physical evidence of actual use and occupancy on the
non-Federal land.
e. When requested, an aerial photograph with an overlay showing the
non-Federal land (on a loan basis if necessary to clarify a special
situation).
f. Statement of mineral and water rights and proposed disposition or use
of both.
3. Rights-of-Way.
a. Legal size survey plats in 3 legible copies. The location of existing
structures (fences, irrigation ditches, culverts, cattleguards, bridges,
utilities, buildings, and so forth) will be shown.
b. Current title commitment covering only the total contiguous
ownership.
c. Maps: Same as exhibit 01.
d. Authorization for Regional Office expenditure of funds (contract
appraisals only), original and 2 copies.
e. Authorization, signed by the property owner, for the appraiser to
enter and appraise the property.
f. Information about existing roads or trails, original and 2 copies,
showing:
(1) Construction standard. Is it paved, gravel, or earth? Is it graded and
drained? What is the average travelway width? What is the design speed
(for roads)? What are the maximum cut and fill widths? Are there any
appurtenant improvements outside the normal right-of-way width?
(2) Who built the road, owns the road, and maintains the road?
(3) Other easements within the right-of-way, and other persons with an
interest in the road.
g. Describe any improvement plans for the road/trail and furnish 3
copies of the road construction, betterment, realignment or
reconstruction plans.
h. Draft easement deed(s).
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i. Any known reservations, easements, and so forth, proposed by the
landowner.
4. Special-Use Fees.
a. A current plat or map (of a size adequate to show detail) showing all
appurtenant features authorized within the permitted area.
b. A statement of whether the permitted area is designated or correctly
identified on the ground.
c. The size of the permitted area.
d. Maps: Same as exhibit 01.
e. When requested, an aerial photograph (in individual cases areas
platted on an overlay.
f. Road ownership and maintenance, where pertinent, as follows:
(1) Who provided the road to the tract or group.
(2) Who provided roads within the tract or group.
(3) Who maintains the roads.
(4) Whether the roads are on the Forest transportation system.
Include a sketch or map showing which roads are maintained by the
Forest Service, which by the county, and which by the permit holder(s).
g. Other utilities present (electric power and telephone lines). Who
provided the lines? Who owns the utilities?
h. A copy of the special use permit, if not previously provided.
5. Other Appraisals.
a. Current title commitment for non-Federal land and Land Status
Report, where applicable, for Federal land.
b. When requested, an aerial photograph (on a loan basis) showing
the property to be appraised on an overlay.
c. Maps: Same as exhibit 01.
d. If the property includes improvements, provide a description and a
plat showing location, as well as a statement addressing who owns the
improvements and what is the owner's planned disposition of the
improvement. The latter is particularly important for STA cases and
certain special-use situations where there may be privately owned
improvements on Federal land.
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Use the procedures in Forest Service Manual 5411 to approve the use of appraisers
financed by landowners, land exchange proponents, and Small Tracts Applicants. A
separate approval is needed for each case, except for Small Tracts Act cases, which
require only a single approval. Fee appraisers must meet the same rigorous State
and Federal requirements as staff appraisers, including current State certification,
and must be listed on the "General Solicitation of Successful Bidders by State" for
Region 2.