5404.15_exhibit_01
Page 1 of 7
FOREST SERVICE MANUAL
SOUTHWESTERN REGION (REGION 3)
ALBUQUERQUE, NEW MEXICO
FSM 5400 – LANDOWNERSHIP
CHAPTER – ZERO CODE
Supplement No.: 5400-2009-1
Effective Date: January 15, 2009
Duration: This supplement is effective until superseded or removed.
Approved: GILBERT ZEPEDA
Deputy Regional Forester
Date Approved: 01/15/2009
Posting Instructions: Supplements are numbered consecutively by title and calendar year.
Post by document; remove the 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
5400-2006-2 to FSM 5480.
New Document
5404.15 Exhibit 01
7 Pages
Superseded Document(s) by
Issuance Number and
Effective Date
5404.15 Exhibit 01
5400-98-1, 09/15/1998
7 Pages
Digest:
5404.15, Exhibit 01 – Adds the delegation of authority to the Regional Director of Lands and
Minerals to approve or recommend “for” the Regional Forester case accomplishment pertaining
to rights-of-way accomplishment. Adds the delegation of authority to the Forest Surveyor to
approve right of way descriptions.
R3 SUPPLEMENT 5400-2009-1
EFFECTIVE DATE: 01/15/2009
DURATION: This supplement is effective until superseded or removed.
5404.15_exhibit_01
Page 2 of 7
FSM 5400 – LAND OWNERSHIP
CHAPTER – ZERO CODE
5404.15 - Exhibit 01
Delegations of Landownership Authorities
Delegable (Del) = The authority is delegated and may be redelegated to next lower organizational level.
Yes = The authority is delegated to the organizational level.
Yes ( ) = The authority is delegated to the position identified in parenthesis.
No = The authority is not delegated and may not be exercised.
RF = Regional Forester; DRF = Deputy Regional Forester; SD = Staff Director; FS = Forest Supervisor.
Delegated Authority - Activity
The following duties may be delegated to
Forest Supervisors if the Forest has an
approved Landownership Adjustment Plan and
has a staff with sufficient skills, knowledge,
and training. Only the Deputy Forest
Supervisor or Acting Forest Supervisor may
approve statements of value in the absence of
the Forest Supervisor.
4. Approve Statements of Value developed by
qualified staff appraisers (FSM 5410.6) in the
following situations:
FSM/FSH Reference
FSM 5404.15
Authority delegated to
RF
DRF
SD
FS
Del
Yes
a. Partial interests where the property rights to
be purchased will not exceed $2,500.
Del
Yes
b. Fee acquisition and Small Tracts Act cases
up to $150,000
Del
Yes
c. Land exchange where neither side of
proposal will exceed $150,000.
Del
Yes
Yes
(Regio
nal
Apprai
ser)
Yes
(Regio
nal
Apprai
ser)
Yes
(Regio
nal
Apprai
ser)
Yes
(Regio
nal
Apprai
ser)
Yes
(FS)
Yes
(FS)
Yes
(FS)
Yes
(FS)
R3 SUPPLEMENT 5400-2009-1
EFFECTIVE DATE: 01/15/2009
DURATION: This supplement is effective until superseded or removed.
5404.15_exhibit_01
Page 3 of 7
FSM 5400 – LAND OWNERSHIP
CHAPTER – ZERO CODE
5404.15 - Exhibit 01--Continued
Delegations of Landownership Authorities
Delegable (Del) = The authority is delegated and may be redelegated to next lower organizational level.
Yes = The authority is delegated to the organizational level.
Yes ( ) = The authority is delegated to the position identified in parenthesis.
No = The authority is not delegated and may not be exercised.
RF = Regional Forester; DRF = Deputy Regional Forester; SD = Staff Director; FS = Forest Supervisor.
Delegated Authority - Activity
d. Land use authorizations where land value
for that use will not exceed $25,000.
FSM/FSH Reference
Authorized to approve or recommend “for” the
Regional Forester case accomplishment
pertaining to rights-of-way accomplishment.
FSM 5460.43
Authority delegated to
RF
DRF
SD
FS
Del
Yes
Yes
Yes
(Regio (FS)
nal
Apprai
ser)
Del
Del
Yes
May be delegated to Forest Supervisors with a
lands staff having skills and training
commensurate with the level of delegation
FSM 5460.43
Del
Yes
Yes
Del
Yes
Yes
(LM)
Yes
Del
Yes
Yes
Del
Yes
Yes
(LM)
Yes
(LM)
Del
Del
Yes
Yes
No
No
Yes
Yes
Del
Yes
No
Del
1a. Issue permits or granting easements as
consideration for R/W grants to the United
States.
1b. Approve acquisition of limited-use R/W
for roads on forest development system.
2b. Approve form and contents (grantors'
names, granting language, preapproved
reservations and conditions) of the R/W deed
before negotiations begin.
2f. Approve options for R/W
Conduct R/W acquisition case processing as
per FSM 5460.43, R3 supplemental
delegations, including redelegatable items as
follows:
1. Acquire abstracts of title, certificates of
title, or title insurance from approved abstract
or title companies. Last owner searches may
be utilized if all three of the following
conditions can be met: (a) a title insurance
policy is not obtainable to cover the easement
acquired by the United States; (b) an approved
warranty clause is included in the easement
deed; and (c) the consideration to be paid for
the easement is $1,000 or less.
FSM 5460.43
Yes
R3 SUPPLEMENT 5400-2009-1
EFFECTIVE DATE: 01/15/2009
DURATION: This supplement is effective until superseded or removed.
5404.15_exhibit_01
Page 4 of 7
FSM 5400 – LAND OWNERSHIP
CHAPTER – ZERO CODE
5404.15 - Exhibit 01--Continued
Delegations of Landownership Authorities
Delegable (Del) = The authority is delegated and may be redelegated to next lower organizational level.
Yes = The authority is delegated to the organizational level.
Yes ( ) = The authority is delegated to the position identified in parenthesis.
No = The authority is not delegated and may not be exercised.
RF = Regional Forester; DRF = Deputy Regional Forester; SD = Staff Director; FS = Forest Supervisor.
Delegated Authority - Activity
2. Approve R/W description and plat of the
R/W deed before negotiations begin. Forest
Service employee must have State land
surveyor registration (FSM 7152.4).
3. Contract for commercial appraisals (FSM
5410.4). This authority is limited by the
following conditions:
a. The Contracting Officer's Representative
(COR) review the contract offer for technical
specifications prior to request for quotations.
CO's at Forest can generate contract.
b. The Forest Contracting Officer utilize one
of the approved COR's for technical
specification review. Only qualified review
appraisers can serve as COR's on appraisal
contracts.
4. Establish just compensation, provided an
appraisal report has been reviewed and
approved by a qualified reviewing appraiser.
When the appraised just compensation is less
than $100, the nominal sum of $100 will be
recited in the deed as consideration.
5. Transmit draft easement deed with title
evidence through the Regional Office, Lands
and Minerals, for preliminary review by the
Assistant Regional Attorney.
6. Negotiate for R/W acquisition. Request a
counteroffer from the landowner if necessary.
FSM/FSH Reference
FSM 5460.43
FSM 5460.43
Authority delegated to
RF
DRF
SD
Del
Yes
Yes
(Reg.
Survey
or)
FS
Yes
(For.
Survey
or)
Del
Yes
Yes
No
(Reg.
Apprai
ser)
Yes
Yes
(Reg.
Apprai
ser)
Del
Yes
Del
Yes
No
Yes
Del
Yes
No
Yes
Del
Yes
No
Del
R3 SUPPLEMENT 5400-2009-1
EFFECTIVE DATE: 01/15/2009
DURATION: This supplement is effective until superseded or removed.
5404.15_exhibit_01
Page 5 of 7
FSM 5400 – LAND OWNERSHIP
CHAPTER – ZERO CODE
5404.15 - Exhibit 01--Continued
Delegations of Landownership Authorities
Delegable (Del) = The authority is delegated and may be redelegated to next lower organizational level.
Yes = The authority is delegated to the organizational level.
Yes ( ) = The authority is delegated to the position identified in parenthesis.
No = The authority is not delegated and may not be exercised.
RF = Regional Forester; DRF = Deputy Regional Forester; SD = Staff Director; FS = Forest Supervisor.
Delegated Authority - Activity
7. Accept a counteroffer of more than fair
market value for the R/W easement after the
offer of approved appraised value or $100 has
been officially presented to the landowner,
rejected, and a counteroffer received. This
authority is limited to the following conditions.
a. Documentation of the analysis used to
determine that the acceptance of the
counteroffer is in the public interest (FSH
5409.17, section 14.4).
b. The negotiated price does not exceed
$2,500 above the approved appraised value.
8. Have easement deed executed and recorded.
9. Transmit executed and recorded easement
deed with title evidence through the Regional
Office, Lands and Minerals, for final title
approval by the Assistant Regional Attorney
10. Make payment after notification by the
Regional Office of final title approval.
11. Acquire temporary easements and road
rental agreements when all of the following
conditions are met:
a. Total compensation or rental charges does
not exceed values established in FSH 5409.12,
Appraisal Handbook, supported by an appraisal
or other calculation, and does not exceed the
cost to acquire a permanent easement.
b. Easement and/or agreement language has
been previously approved by the Regional
Office.
FSM/FSH Reference
FSM 5460.43
Authority delegated to
RF
DRF
SD
FS
Del
Yes
No
Del
Del
Yes
No
Del
Del
Yes
No
Del
Del
Del
Yes
Yes
No
No
Del
Yes
Del
Yes
No
Yes
Del
Yes
No
Yes
Del
Yes
Yes
(LM)
Yes
R3 SUPPLEMENT 5400-2009-1
EFFECTIVE DATE: 01/15/2009
DURATION: This supplement is effective until superseded or removed.
5404.15_exhibit_01
Page 6 of 7
FSM 5400 – LAND OWNERSHIP
CHAPTER – ZERO CODE
5404.15 - Exhibit 01--Continued
Delegations of Landownership Authorities
Delegable (Del) = The authority is delegated and may be redelegated to next lower organizational level.
Yes = The authority is delegated to the organizational level.
Yes ( ) = The authority is delegated to the position identified in parenthesis.
No = The authority is not delegated and may not be exercised.
RF = Regional Forester; DRF = Deputy Regional Forester; SD = Staff Director; FS = Forest Supervisor.
Delegated Authority - Activity
c. Complies with timber access policy (FSM
2403.3)
13. Redelegate items 1, 6, 7, and 8 to District
Rangers
2. Execute all road construction and use
agreements and supplements, except those
delegated to Forest Supervisors through
procedures established in FSM 5467.04b.
1. Cooperate with the Regional Attorney in
defining the interest to be condemned. Longterm commitment and need to coordinate with
OGC, Justice Department, and the Washington
Office.
2. Coordinate between the Forest Service,
Regional Attorney, and Regional US Attorney
in obtaining adequate appraisals and qualified
witnesses.
3. Assist Forest Supervisor in preparing the
condemnation report.
4. Approve condemnation report and
accompanying documents prepared by the
Forest.
5. Submit the case to the Chief with a request
for condemnation. Delegation limited by the
Washington Office.
6. Process checks for deposit in the registry of
the court to pay the estimated compensation
and any deficiency amounts as per FSM 6540
guidelines.
7. Secure an appraisal update to the date of
filing or other date as determined by the Court.
Need to coordinate with OGC and Justice
Department.
FSM/FSH Reference
Authority delegated to
RF
DRF
SD
FS
Del
Yes
No
Yes
Del
Yes
No
Yes
FSM 5467.04b
Del
Yes
Yes
No
FSM 5480.43
Del
Yes
Yes
(LM)
No
Del
Yes
Yes
(LM)
No
Del
Yes
No
Del
Yes
Yes
(LM)
Yes
(LM)
Del
Yes
Yes
(LM)
No
Del
Yes
No
No
Del
Yes
Yes
(LM)
No
No
R3 SUPPLEMENT 5400-2009-1
EFFECTIVE DATE: 01/15/2009
DURATION: This supplement is effective until superseded or removed.
5404.15_exhibit_01
Page 7 of 7
FSM 5400 – LAND OWNERSHIP
CHAPTER – ZERO CODE
5404.15 - Exhibit 01--Continued
Delegations of Landownership Authorities
Delegable (Del) = The authority is delegated and may be redelegated to next lower organizational level.
Yes = The authority is delegated to the organizational level.
Yes ( ) = The authority is delegated to the position identified in parenthesis.
No = The authority is not delegated and may not be exercised.
RF = Regional Forester; DRF = Deputy Regional Forester; SD = Staff Director; FS = Forest Supervisor.
Delegated Authority - Activity
8. When within the Regional Forester's
authority (FSH 5409.13), approve compromise
settlement offers submitted by the US
Attorney. Need to coordinate with Justice
Department.
1. Perform all preparatory work necessary to
carry out informed negotiations with the
landowner
2. Prepare condemnation report, description,
plat, and other requirements for condemnation.
FSM/FSH Reference
FSM 5480.43
Authority delegated to
RF
DRF
SD
FS
Del
Yes
Yes
No
(LM)
FSM 5480.44
Del
Yes
No
Yes
Del
Yes
No
Yes