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FOREST SERVICE MANUAL
DENVER, CO
FSM 5400 - LANDOWNERSHIP
R2 Supplement No. 5400-93-4
Effective January 15, 1993
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 Manual was Supplement 5400-93-3 to 5420.
Page Code
5430.14--1 through 5430.14--2
Superseded Sheets
1
Supplements Covered
R2 Supplement 84, 10/88
Document Name
5430
Digest:
Updates Chapter to electronic format.
ELIZABETH ESTILL
Regional Forester
New
(Number of Pages)
4
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TITLE 5400 - LANDOWNERSHIP
5430.13 - Laws Applying to Specific Areas. The following instructions are
applicable only to the Arapaho National Recreation Area (ANRA).
Public Law 95-450 (92 Stat. 1095) is the primary authority for acquisition and
disposal of lands within the Arapaho National Recreation Area. Other land
exchange authorities of the Secretary of Agriculture are applicable only to the
extent that they further the purposes of PL 95-450.
Policies.
1. Acquisition of non-Federal land inside the ANRA. Acquisition may be by
donation, purchase with appropriated funds, exchange or bequest. Acquisition is
authorized only if the land, to be acquired, is "needed" for establishing and
managing the ANRA. The land is "needed" if the approved county zoning plan
shows that the use or intended use of the non-Federal land does not conform to the
overall intent of the ANRA. Acquisition of land cannot be justified by other
authorities unless this "needed" criteria is satisfied.
Land owned by the State of Colorado or any of its political subdivisions may only be
acquired by donation or exchange.
Consideration shall be given to minimize any hardship to the owner of land, or
interest in land, which may result from any undue delay in acquiring offered land.
2. Acquisition of non-Federal land outside the ANRA. PL 95-450 is not
applicable to this type of acquisition. Acquisition of non-Federal land outside
the ANRA in exchange for Federal land inside the ANRA is not authorized.
3. Disposal of Federal land. Disposal of Federal lands under this authority
only applies to exchanges to acquire non-Federal lands within the ANRA in
accordance with the criteria in 1. above. The Secretary of Agriculture may convey
any Federal land, or interest in land, which is located within the State of Colorado,
is classified as suitable for exchange, and is under the administrative jurisdiction of
the Secretary. The Federal land may be within or outside of the ANRA, or both.
Conveyances of Federal land located inside the ANRA will assure that future land
use will not conflict with nor be detrimental to the purposes of the ANRA by
inclusion of appropriate reservations, covenants, or other suitable methods.
4. The value of lands exchanged under PL 95-450 must be approximately
equal. Unequal values may be equalized by the payment of cash, to either the nonFederal party or the Secretary, not to exceed 25 percent of the total value of the
Federal and non-Federal land or interest in land. Cash equalization payments
must be held to as small an amount as possible.
5. Limitations in this authority do not apply to the Secretary of Interior in the
exercise of his land exchange authorities under the Federal Land Policy and
Management Act of 1976.
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5430.14 - Extensions of Basic Exchange Laws. The General Exchange Act of 1922,
and Acts amendatory thereto, has been extended to certain described lands, by
additional authorities for some Forests in Region 2. The authorities applicable to
Region 2 are listed and described below.
1. Arapaho National Forest. Public Law 743, 44 Stat. 1378, authorizes the
conveyance of national forest land or timber within the State of Colorado in
exchange for privately owned lands chiefly valuable for national forest purposes.
The privately owned lands must be located within specific sections, and aliquot
subdivisions, of specific townships identified in the Act.
2. Black Hills National Forest. Two separate additional authorities apply:
a. Public Law 622, 44 Stat. 1099, authorizes acquisition, by exchange, of
non-Federal lands which lie within five miles of the exterior boundaries of
the Black Hills and Harney National Forests. The land to be acquired
must be chiefly valuable for national forest purposes. Land or timber in
the Black Hills and Harney National Forests may be conveyed.
b. Public Law 615, 52 Stat. 686, adds lands of the United States, in the
Bear Lodge Unit of Wyoming, to the Black Hills National Forest. Specific
sections and aliqout subdivisions of specific townships are described. Any
privately owned land included in the described lands may be accepted in
exchange under the provisions of the General Exchange Act of 1922.
3. Buffalo Gap National Grasslands (Badlands National Monument).
Public Law 328, 66 Stat. 66, authorizes the Secretary of Interior to adjust and
redefine the exterior boundaries of the monument by addition (inclusion) or
reduction (exclusion) of land. The inclusion of land, under the administrative
jurisdiction of other departments or agencies of the Federal Government, is subject
to the approval of such department or agency; but when included, becomes the
jurisdiction of the Secretary of Interior.
Federal land, when excluded, is transferred to the Secretary of
Agriculture for use, administration and disposition in accord with the BankheadJones Act. Excluded land formerly reserved from the Public Domain is subject to
the mining and mineral leasing laws. The Secretary of Interior shall issue a patent
for any formerly reserved land which is subsequently disposed.
The Secretary of Interior may accept land or interest in land,
within the exterior boundaries of the monument, in exchange for reserved public
domain land within the Badlands Fall River soil conservation project, SD-LU-1.
Such exchange is subject to the approval of the Secretary of Agriculture. The
Secretary of Agriculture may convey acquired land from within the soil conservation
project.
Property accepted by the United States may be subject to such reservations as may
be necessary or in the public interest.
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4. Gunnison National Forest. Public Law 437, 47 Stat. 1569, added all
lands of the United States, within specific sections of townships described in the
Act, to the Gunnison National Forest.
5. Pike National Forest. Public Law 560, 58 Stat. 924, authorized the
acquisition by exchange of suitable lands within township 11 south, range 69 west.
Subsequently, (9/5/1962), Public Law 631, 76 Stat. 432, made the above authority
ineffective by extending the boundary of the Pike National Forest to include the
subject lands.
6. Rio Grande and San Juan National Forests. Public Law 684, 54 Stat.
695, authorizes acceptance of offered lands within the boundaries of the Tierra
Amarilla Grant lying within the State of Colorado.