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FOREST SERVICE MANUAL
PORTLAND, OREGON
TITLE 5400 - LANDOWNERSHIP
R-6 Supplement No. 5400-95-5
Effective June 29, 1995
POSTING NOTICE. Supplements are numbered consecutively by title and
calendar year. Post by document name. Remove entire document, if one exists, and
replace with this supplement. The last R-6 Supplement to this manual was R-6
Supplement No. 5400-95-4
This supplement supersedes Supplement No. 5400-92-1
Document Name
Superseded New
Number of
Pages
5460
41
19
Digest:
Direction found within this supplement is exempt from the 50% reduction of
Executive Branch Agency Internal Directions. Direction which is exempt is
Delegation of authority, Memorandums of Understanding, and Agreements.
JOHN E. LOWE
Regional Forester
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FSM 5400 - LANDOWNERSHIP
R-6 SUPPLEMENT 5400-95-5
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CHAPTER 5460 - RIGHT-OF-WAY ACQUISITION
5460.4 - Responsibility.
5460.43 - Regional Foresters.
1.
Director of Lands and Minerals. The Director of Lands and Minerals is
authorized to approve or recommend "for" the Regional Forester case
accomplishment pertaining to rights-of-way acquisition.
2.
Forest Supervisor. Delegations of authority are found in FSM 5467 for
Right-of-Way Construction and Use Agreements and in FSM 5480 for
Condemnation.
The broad authority for the Regional Forester to acquire needed right-of-way is
hereby delegated to Forest Supervisors, and may be redelegated to District Rangers,
except for the functions for which specific delegations are made below, and those
that cannot be redelegated under FSM 5460.43.
a. Contract appraisals (FSM 5410.43).
b. Approve appraisals and establish just compensation except when
appraisals are based on the condemnation estate.
c. Approve just compensation in the amount indicated in the approved
appraisal. When the appraised just compensation is less than $100, the
nominal sum of $100 shall be recited in the deed as consideration.
d. Accept a counteroffer of more than fair market value for the right-ofway easement after the offer of approved appraised value has been
officially presented to the private landowner, rejected, and a
counteroffer received. This authority is limited by the following
conditions:
(1) Documentation of the analysis used to determine the acceptance of
the counteroffer is in the public interest (FSH 5409.17 section 14.4).
(2) The negotiated price does not exceed $2,500 above the approved
appraised fair market value.
e. Certify and record deeds in routine cases without preliminary review
by the Regional Forester or Regional Attorney.
f. Acquire temporary easements and road rental agreements when all of
the following conditions are met:
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(1) Total compensation or rental charges does not exceed values
established in FSH 5409.12, supported by an appraised or other
calculation, and does not exceed the cost to acquire a permanent
easement.
(2) Easement and/or agreement language has been previously approved
by the Regional Office.
(3) Complies with timber access policy (FSM 2403.3).
g. Acquire limited-use easements (FSH 5409.17, section 12.2) following
Regional Forester approval. Recommendation to the Regional Forester
shall be on a case-by-case basis and shall include the following:
(1) Environmental Assessment Report.
(2) Map showing entire area to be served by the road, all existing roads,
and all planned roads.
(3) Documentation of the public involvement process.
5465 - RIGHTS-OF-WAY FROM PUBLIC AGENCIES.
5465.1 - Bureau of Land Management. The Agreement with attachments is shown
as Exhibit 1 in the parent text. Exhibit 01 to this supplement contains the
agreement operating instructions.
5465.1 - Exhibit 01
IV. Existing Roads
A.
Road Jurisdiction will not Transfer
1. Agency needing to use the road contacts the road owner (BLM or
Forest Service) for terms of road use prior to appraising its sale: maintenance
requirements, bond, insurance, and any special conditions that will affect the
appraisal.
The District Ranger should send his request for a BLM License Agreement to
the Forest Supervisor at least 3 weeks in advance of need. It should include:
Name and legal description of proposed sale.
Roads for which license agreement is needed. Describe by road name,
number, and termini.
Estimated volume to be hauled over licensed roads.
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Approximate date of sale.
BLM District from which license agreement is needed.
a. Prior to date sale is advertised, road owner prepares and submits to
road user (Forest Service or BLM) original and four copies of license
agreement:
Road owner copy (original)
Road user copy
Licensee copy
Bonding company copy
District Ranger copy
b. Road user or his licensee sends executed copies, except bonding copy
which is given to licensee, to road owner.
c. Road owner approves license agreement and returns a duplicate to
road user and duplicate to licensee.
d. In the event License Agreement is not used (for example, Licensee
elects to use another road), road user is to furnish road owner a letter stating
that License Agreement will not be used.
e. Prior to termination of timber sale contract, road user will check with
road owner to see if terms of license agreement are carried out. The road
owner will be notified of the sale termination.
5465.1 - Exhibit 01--Continued
D. Road Maintenance. Item 3 of the License Agreement (exhibit A
Parent Text) does not presently provide for maintenance payments in
advance of hauling. When in the opinion of the "Licensor," maintenance
payments in advance of hauling would be desirable, the following three
clauses can be added to Item 3 of the License Agreement as Clauses F,
G, and H:
F. Payments for Licensee's proportionate share of maintenance as
required under the License Agreement, Item 3, above shall be made in
advance of hauling. The Licensee shall, prior to commencement of
hauling, deposit with the Collection Officer, Forest Service,
,a
check, draft, or money order made payable to the Forest Service, USDA,
in the sum of $
1/, and thereafter in individual deposits, equivalent
to estimated charges before next payment is made, as called for by the
Forest Service in advance of current road use.
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G. The Licensee shall
2/, or at other Licensor approved intervals
when the permittee is hauling over this road, furnish the Licensor scale
records or other records satisfactory to the Licensor, which give the
volume of road use in terms related to rates in Item 3 under the
authority of this agreement.
H. Prior to January 1 each year this agreement is in effect, Licensee
shall notify the Licensor in writing of the approximate time when such
use will commence, the anticipated duration, extent and/or revisions of
such use.
1/ Lump Sum Payment/less than $500. 2/ Monthly, quarterly, etc.
V. Construction or Transfer of Roads. The need for correlation between BLM and
Forest Service on road development plans is obvious. Joint transportation planning
should be explored at least once a year at the annual meeting.
Transportation planning is also important when a transfer of jurisdiction of an
existing road, or road segment, is being contemplated. The two agencies, at Forest
and BLM District level, may agree that the time has come to make a transfer from
the historical owner to jurisdiction of the other agency. Among the reasons for
doing so are extension of one agency's road into the other's holdings, changing
traffic patterns, reconstruction of a substandard road, or inadequate rights-of-way.
Such transfers are made by use of Exhibits B and C.
The Environmental Analysis Report is required before authorizing BLM road
construction under an Exhibit C (FSM 2730.3).
The original Right-of-Way Reservation with BLM "serial register page" affixed
thereon will be submitted to the Regional Forester for acquisition cases. Once the
BLM registers the Reservation, its serial register page will be forwarded to the
Regional Forester.
Grants of Rights-of-Way Reservations to the BLM will be executed by the Forest
Supervisor. The Supervisor will execute two originals: one will be sent to the BLM
and the other original will be sent to the Regional Office for filing in the official
lands record.
5465.4 - States.
2.
State of Washington.
a. State Department of Natural Resources. The April 1, 1991,
Memorandum of Understanding on access is contained in exhibit 02.
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The memorandum is primarily a guide for field personnel of both
agencies for negotiating cost-share agreements, exchanging rights-ofway, and arranging permit use of each other's roads.
5465.4 - Exhibit 02
MEMORANDUM OF UNDERSTANDING ON ACCESS
RECITALS
1.
A Memorandum of Understanding (MOU) on Access was made on the
19th day of June 1964, between the State of Washington, acting by and through the
Department of Natural Resources (hereinafter called the "State"), and the United
States of America, acting by and through the Forest Service of the United States
Department of Agriculture (hereinafter referred to as the "Forest Service"), which
Memorandum was revised on the 20th day of May 1971.
2.
Each of the agencies owns or controls certain lands within the exterior
boundaries of the State of Washington, some of which lands are contiguous and/or
intermingled.
3.
The State and the Forest Service each require the use of portions of the
lands owned or controlled by the other party for the purpose of locating,
constructing, reconstructing, using, operating, patrolling, repairing, improving and
maintaining access roads needed for the administration, protection, management,
and utilization of the forest and other resources on their lands.
4.
It has been of mutual benefit of the parties to set forth procedures by
which each has granted road rights-of-way to the other party and the parties have
shared the costs in such roads.
5.
Ten individual "Road Right-of-Way, Construction, and Use Agreements"
(referred to as cost share agreements) have been established to cover portions of the
State involving mutual State-Forest Service cost share programs.
These
agreements derive from a National Forest Service-National Forest Products Assn.
program established in 1965, but have been modified to fit the State-Federal
relationship. They are:
1956 (updated 06/11/70)
07/03/68
09/23/68
03/20/69
03/11/70
06/05/74
03/24/75
03/22/68
Block
Okanogan
Mt. Baker/Snoqualmie
Olympic
Wenatchee
Gifford Pinchot
Umatilla
Colville
Merrill Lake-Kalama
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05/10/66
Creek
12/06/65
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Siouxon Creek-Canyon
Toats Coulee
The agreements have facilitated construction and maintenance of the mutual
road system. They also have provided for annual cost share meetings, which
consider mutual action during the coming year.
5465.4 - Exhibit 02--Continued
6.
MOU meetings have been held annually since 1965. Early meetings
involved 40 State and Forest Service people from around the State. Of recent years
they have consisted primarily of headquarters personnel (Olympia and Portland),
considering a mutually developed agenda, with delegates from one Forest
experiencing a current problem (or opportunity) of State wide significance. The aim
has been to meet in February, with joint minutes to be available in time for the
annual cost share meetings around the State. The MOU meetings have resolved
many issues.
Section I -- Annual Meeting
At least once a year, preferably in February, prior to any cost share agreement
annual meetings, representatives of the State Olympia Office and the Forest
Service Regional Office will meet, along with appropriate field personnel, for the
purpose of resolving current problems and clarifying procedures, exchanging
information, and consulting and planning with regard to, but not limited to, the
following:
A. The need for one party to use an existing road of the other without (or with)
acquiring an easement interest.
B.
Specifications for roads of joint ownership to be constructed or reconstructed.
C.
Maintenance and resurfacing fees and responsibilities.
D.
Additional capital expenditures and amortization of excess costs.
E.
Road Use regulations (including closures).
F.
Problems raised by use of other heavy haulers.
Minutes of the Meeting will be distributed to the field promptly.
Section II -- Existing Roads
A.
Administrative Use
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Each party shall have the right, privilege, and authority, subject to the terms
of this Agreement, to use existing roads owned or controlled by the other party and
roads constructed in the future by the other party for the purpose of Administrative
Use.
B. Hauling Without Cost Share
If one party plans a timber sale to use the other party's existing road without a
cost share supplement, it should inform the other party promptly of this need.
When applying for a road use permit (cost recovery program) that entails paying a
road use fee and/or improvement of the existing road, the Region R/W Section
should send its application directly to the local District Ranger. On the other hand,
Forest Service applications for a road use permit from the State should be sent
directly to the State's Olympia office. A road use permit is not needed if the party
planning the sale already holds an easement on the road.
5465.4 - Exhibit 02--Continued
The State's sale purchaser pays (or performs work) as prescribed by Forest
Service.
The Forest Service sale purchaser pays (or performs work) as prescribed by
State.
In either event, if the permitted party decides later to cost share the road, it
will be credited with the road use fees paid or work performed by its purchaser to
the extent of the remaining value of the work performed at the time of cost sharing,
but not exceeding the original value.
C.
Hauling with Cost Share
See Section 1 of the existing cost share agreement, and Section III hereof.
Section III -- Proposed Road Construction
A.
Application
One complete copy of each application for right-of-way, including a letter of
transmittal and a duly attested copy of a plat showing the location with reference to
the legal subdivisions or lots and the amount of land to be taken and the amount of
land remaining in each portion of each legal subdivision or lot bisected by such
proposed road, will be submitted to the State's Regional Manager or Forest
Supervisor. Another copy will concurrently be sent to the State Olympia Office or
Forest Service Regional Office.
The limits of each right-of-way which contains merchantable timber must be
clearly marked in accordance with the following instructions for easy identification
by the timber cruiser.
1.
All trees immediately outside the limits must be clearly marked on the
side facing the right-of-way.
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2.
The mark shall consist of a brightly colored paint stripe continuous from
eye level to the ground. Where marking of trees indicated in (1) above by the
method prescribed herein, will seriously detract from the aesthetics of the natural
environment; an alternate method of marking those trees to be left may be mutually
agreed upon by the parties.
3.
The mark must endure through construction.
4.
All trees so marked must be left.
5.
The limits need not be marked through nonmerchantable stands.
6.
The centerline must be marked and the stations clearly shown along the
entire length of the right-of-way regardless of the nature of the stand.
5465.4 - Exhibit 02--Continued
7.
marked.
B.
The point of entering and leaving the land involved must also be clearly
Principle
The State and the Forest Service recognize the principle of sharing road
construction and improvement and replacement costs including related engineering
cost on any road constructed to a standard which logically can serve the resources of
both parties. Cost share procedures are to be followed as agreed in the several cost
share agreements, particularly sections 1, 2, 3, and 4.
Road construction completion dates should be discussed at the local level
during the annual meetings in order to avoid one party delaying the other by being
unable to complete a project within a specified time limit.
C.
Construction Standards
Road standards will be no greater than is necessary for the mutual needs of
the Forest Service and the State as determined by the long term land use plans of
the parties.
It is acknowledged that roads serving State lands will generally be of a lesser
standard than Forest Service roads. State roads are constructed primarily for
timber removal and land management activites. Although State lands and roads
are open for public use, roads are not constructed and maintained for this purpose.
Federal regulations mandate that public use be considered as a criteria in
establishing road standards, thereby Forest Service roads are constructed to a
higher standard than State roads to accommodate such public traffic.
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The State will agree to cost share in road construction for roads within
agreement areas serving both parties provided, the State's portion of the cost share
for the higher standard Forest Service road is equal to or less than the amount the
State would pay if a noncost share road was built on the same site as the lower
State road standard. The cost of the noncost share road shall be determined by the
State using the State's current Equipment Rate Schedule and Cost Estimating
Guide.
D.
Cost Share Formula
As in State-Industry agreements, State-Forest Service shares are now to be
based on the simple commercial tributary acreage method unless the parties agree
to utilize tributary volume. Recreation and other light traffic are not a factor in
determining shares.
Anticipated use of the road(s) will be allocated to the parties in proportion to
the acreage expected to generate such use which is owned or controlled by each
jointly or as otherwise provided above; provided that the use attributable to
nonparticipating parties will be allocated to the Forest Service unless otherwise
agreed as provided below.
5465.4 - Exhibit 02--Continued
In cases where Forest Service land management planning indicates public use
and control of non participating party use is not necessary or desirable, a limited
use right-of-way for specific purposes may be offered. Such rights will provide
Forest Service access specific to their needs with the State retaining all other rights.
Exhibit C 1 will be used for this purpose.
E.
Forest Service Road Control and Public Use Traffic
The State and Forest Service acknowledge that there will be a public use
traffic on all road systems in varying degrees of intensity.
The Forest Service will control cost shared roads across State lands as
provided in easement Exhibit C. Such control provides that the Forest Service
grants all needed access to other applicants. This control also means that the
Forest Service may regulate public use traffic by physically closing the road, posting
signs and applying the Secretary's Regulations.
Unless otherwise agreed, closures will be invoked only for the purpose of
protecting the lands and resources from damage.
Such closures shall not
unreasonably restrict the activities of the State. The Forest Service shall notify the
State prior to closing any road. If such road is being used by the State or its
permittees, and the State determines that continued use is necessary, then
arrangements shall be made for continued use by the State.
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The State shall not convey any easements over State land within the
Agreement area without first notifying and giving the Forest Service an opportunity
to cost share.
F.
Special Conditions
It is acknowledged that changing land uses, environmental constraints and
land management prescriptions may require right-of-way considerations on such
lands as Natural Area Preserves, Natural Heritage Sites, Research Natural Areas,
Natural Resources Conservation Areas and other special lands which may include,
but not be limited to: prohibiting the right-of-way, restricting right of way width,
modification of normal maintenance practices, control of public traffic and
restrictions on right-of-way timber and danger tree removal.
It is the intent of both parties to agree to a set of conditions which will provide
the necessary protection to the resource values being protected by the land
management prescriptions and allow sufficient access to the managed forest land
for which the easement is being acquired.
For this purpose all easements requiring special land management
prescriptions will abide by and be subject to an attachment or addendum to be
known as a Memorandum of Understanding. This memorandum will specify needs
pertaining to land management of the area. This may include:
5465.4 - Exhibit 02--Continued
Endangered and Threatened plant protection
Closed road systems to public use
Gate, fence and signing restrictions
Road use review by the State
Provisions for five year or less document review and consequent
modifications to ensure continued protection of the lands in
question.
Section IV -- Improvement (Reconstruction)
Improvement shall be defined as reconditioning or replacing a cost share road or
segment thereof to a standard higher than that existing. Either party may notify
the other of a perceived need for improvement. If the parties agree to the need, and
the extent and cost thereof, the shares will then be determined. However, if the
parties do not agree to share the full costs of such improvement, the party seeking
the higher standard of construction may carry out such improvement and having so
done, shall bear that portion of the cost in excess of that which both parties can
agree upon.
Section V -- Replacement
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Replacement is the act of replacing a road facility in kind with an equivalent facility
or of reconditioning road components that are destroyed, damaged, worn out, or
which have become unsafe from wear, age, or the elements. Replacement shall
include removal of slides and obstruction and repair of washouts larger than 50
cubic yards; replacement of nonsurface culverts; riprapping and stream protection;
bridge replacement and repair. Replacement shall not include, however, replacing
or reconstructing a facility or component to a higher standard than that existing at
the outset of joint use of the road. Both parties recognize the cost of replacing
components of a road which are worn through use, is the responsibility of the party
who has made use of the road to the extent of his use as it relates to the total use
made of the road by all parties, provided that the use attributable to
nonparticipating parties will be allocated to the Forest Service unless otherwise
agreed.
A party who damages a road is responsible for the cost of repairing said damage.
Should the State or Forest Service be of the opinion that mutually beneficial road or
any portion thereof is in such condition as to require an expenditure for
replacement, either shall notify the other to that effect. If upon mutual inspection,
the need for and the extent of such replacement is mutually agreed upon, the
parties shall agree to seek an equitable plan for financing the cost thereof and
arrange to have the same performed. Such plan shall recognize the reasonable life
expectancy of such replacement, the land area tributary thereto, and the estimated
volumes of timber and other materials which each expects to remove across the
replaced facility during such life expectancy. Each party shall bear its pro rata
share of such replacement, based upon a percentage of the replacement cost equal to
the percentage which its timber or other valuable materials bear to the total timber
and valuable materials to be removed during the life expectancy of the facility,
except as otherwise noted above.
5465.4 - Exhibit 02--Continued
Section VI -- Maintenance
A.
Definition and Objectives
Maintenance is the normal work necessary to preserve and keep a roadway,
road structure and road facility as nearly as possible in its original condition or as
subsequently improved to provide satisfactory and safe road service. Objectives of
maintenance are to perpetuate the road to serve its intended management purpose;
to protect the investment, environment, and adjacent resources; to provide for user
safety; to meet applicable air- and water-quality standards, and to provide for user
economy, access and convenience.
Maintenance shall include, but is not limited to:
Blading and shaping road surface and shoulders by a motor patrol grader to
preserve the original cross-section and provide suitable riding surface to include
blading turnouts to full width.
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Cleaning and keeping drainage channels, ditches, waterways and culverts
clean of debris and functioning as designed.
Repairing fills and sunken grades.
Replacing surface culverts 18 inches in diameter and smaller which are located
at an average depth of not more than three feet below the running surface.
Removing minor slides, fallen timber and obstructions, and repairing minor
washouts (minor being defined as slides and washouts under 50 cubic yards).
Brush control.
Spot surfacing.
B.
Annual Maintenance Plan
At each annual meeting the parties will agree on maintenance arrangements
for the coming season at the Forest level, which arrangements will include four
aspects of the job as defined in section 12 of each USFS-DNR Road Construction
and Use Agreement.
Users may perform their share of maintenance, or may deposit sufficient funds with
the road maintainer to provide for their share. The appropriate method of
accomplishing user's share will be determined on a case-by-case basis.
5465.4 - Exhibit 02--Continued
The objective of the annual maintenance policy is to balance work performance
responsibility between the parties in as short a time as possible, by each party
assuming responsibility for and performing its commensurate share of
maintenance. Only in the case of deferred maintenance 1/ performance by one of
the parties is it anticipated that imbalances could occur that would carry over in
excess of two field seasons. Such maintenance work will be agreed upon at the
annual meeting and handled in the annual maintenance plan as any other item of
maintenance.
1/ Deferred maintenance is referred to as replacement by the State.
Agreement must be reached between the parties on the work to be
accomplished during the plan period, and also expected work performance
standards for the work agreed upon. The annual plan should define the desired
performance standard for each work activity, so that all personnel have an
understanding of expected performance.
Section VII -- Fact Sheets for Supplements
A fact sheet must accompany each Supplement submitted for approval and
signature. This is a Forest Service requirement.
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The purpose of developing a "Fact Sheet" is to expedite signing of the cost share
Supplement and thereby facilitate the advertising and selling of the State's or
Forest Service's timber sale and construction of the road required. Facts are
recorded as agreement is reached during negotiation. For instance, agreement by
the party's respective engineers as to location and standard will be put in writing
promptly, even though this may predate by a year the completing of the fact sheet.
Each such fact should be dated, thus providing continuity to the ongoing
development towards the Supplement.
The key elements in the fact sheet include (R-6 Supplement to FSH 5409.17,
Chapter 60):
1.
2.
3.
4.
5.
Identification of Project
History of existing roads involved
Tributary commercial acreage of each party
Plan and specifications
Estimated construction costs
Elements of costs, such as survey and design, engineering supervision,
project overhead, rights of way, purchases, and materials furnished
should not be overlooked. These costs, if not offset by each party doing
its proportionate share of the work, should be credited to the party
which incurs them.
6.
Cost share to be borne by each party.
5465.4 - Exhibit 02--Continued
The State is to develop the Fact Sheet and the Supplement for projects which it
originates, and the Forest Service does likewise for its projects. The development of
the six facts listed above will be a mutual exercise. The parties will in a timely
manner exchange available information needed for the consummation of the
Supplement.
Section VIII -- S.H.P.O. Requirements
The State Historic Preservation Officer stands available to define the role of the
State and the Forest Service regarding protection of cultural resources, i.e., historic
or prehistoric sites related to American history, architecture, archaeology, and
culture such as settlers or Indian artifacts, protected by the American Antiquities
Act of 1906, the National Historic Preservation Act of 1966, and the Archeological
Resources Protection Act of 1979. Any proposed activity such as road construction
and timber sales which involves substantial disturbance of the surface of either
Federal, State or private lands must have formal assurance that S.H.P.O. is
satisfied with the action being taken to protect cultural resources.
This includes literature review, field inventory, and avoidance and/or mitigating
action. Each case stands on its own and requires individual evaluation to
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determine the level and timing of each action. The party proposing each road
supplement will initiate with the other the cultural resource action to be taken.
(Minutes '78 and '79, FSM 2360 and R-6 Sale Contract Clause C6.24 # Protection of
Cultural Resources (5.84))
Section IX -- State Liability Insurance Requirements
The parties agree to require liability insurance in the same manner, amounts and
under the same conditions as is done under the road rights-of-way construction and
use agreements between the Forest Service and Industry.
Section X -- Land & Timber Appraisal
A. With the exception of non-cost-share roads, neither agency's appraisal of rightof-way will charge for bare land value or reproduction.
B. Both agency's appraisal of right-of-way timber will allow all normal costs the
same as if it were in decks alongside an existing road.
1. The State, in acknowledging the application, will charge for right-of-way
timber on a cash basis. Statutes do not permit selling by log scale or permit cutting
and decking timber by the Forest Service or its contractor or timber purchaser for
subsequent sale by the State.
It should also be noted the State appraises right-of-way timber to domestic markets
with appropriate adjustments made to reflect the Fair Market Value of right-of-way
timber as if it were sold at Public Auction.
5465.4 - Exhibit 02--Continued
The State cannot issue a right-of-way document until payment is received for
right-of-way timber to be cut. Nor can additional timber - as a result of relocation
during construction - be cut until payment is received.
2. The Forest Service in acknowledging such an application will specify in
each case, whether to: (i) require timber to be decked, (ii) sell the timber to the
State's purchaser on a log scale basis, or (iii) sell it to the purchaser on a lump sum
basis.
Section XI -- Road Use Regulations
Road use rules and regulations applicable to Forest Service controlled roads are
found in a Commercial Road Rules Document which is on file at each National
Forest. The Commercial Road Rules Document and its application to the State
should be discussed at the Forest Cost share Agreement Annual Meeting.
Rules and Regulations for the Public Use of State Lands and Roads applicable to
State controlled roads are found in a State of Washington Department of Natural
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Resources publication on file at each State Regional Manager's office. The State has
no rules and regulations for commercial use.
Road Use Rules and Regulations are subject to outstanding rights such as those
cited in right-of-way easements.
Section XII -- General Provisions
1.
This Memorandum may be terminated by either party upon 180 days
notice in writing except that such termination shall in no way affect any easements
or permits that may have been executed by either party hereto prior to such notice,
or any specific agreement entered into as contemplated in this Memorandum;
provided, that such cancellation shall in no way affect the agreement of the parties
hereto with respect to an obligation incurred under this Memorandum until a full
settlement has been made.
2.
Nothing herein contained shall be construed to obligate either the State
or the Forest Service beyond the extent of available appropriated funds allocated or
programmed for this work or contrary to applicable laws, rules and regulations.
3.
No member of or delegate to Congress or Resident Commissioner shall
be admitted to any share or part of this Agreement or to any benefit that may arise
therefrom, unless it is made with a corporation for its general benefit.
4.
It is understood that any default by a purchaser of National Forest or
State timber or other authorized user under this Memorandum creates no liability
on the part of the Forest Service or State nor a forfeiture or reversion of any
easement held by the Forest Service or the State.
5465.4 - Exhibit 02--Continued
5.
Both the State and Forest Service will allow to remain in force all
existing standard language, local cost share agreements, and procedures currently
approved and accepted by both agencies, provided that such language, agreements
and procedures may be amended by mutual consent at the State (Olympia) and the
Forest Service (Regional) level.
IN WITNESS WHEREOF, the parties hereto caused this Memorandum of
Understanding to be properly executed by their authorized representatives.
For the State of Washington, Department of Natural Resources
8/21/92
Date
/s/ James A. Stearns
JAMES A. STEARNS
Supervisor
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For the Forest Service, United State Department of Agriculture
8/4/92
Date
/s/ Mike Edrington
for
JOHN E. LOWE
Regional Forester
Pacific Northwest Region
5467 - ROAD RIGHT-OF-WAY CONSTRUCTION AND USE AGREEMENTS.
5467.04b - Regional Foresters, Region 1, 4, 5, 6, 8, and 10. Region 6 designated
Journeyman Cost-Share Specialists Douglas Campbell, Chet Haney, Dick Harlan,
Linda Vore, and Dick Walker.
The Regional Cost-Share Specialists are responsible for preliminary and final
reviews involving supplements submitted for Regional Forester approval and
signature. They are also responsible for conducting audits of supplements executed
by Forest Supervisors.
1. Journeyman Cost-Share Specialist Qualifications. The following review
procedures are established for supplement audits and monitoring of designated
Specialist's competency:
a. One copy of the fully executed supplement, fact sheet, and two copies
of the current agreement balance sheet shall be forwarded to the
Regional Forester. All supplement packets, including supplement
amendments, shall be submitted within 15 days of the date of the
supplement. The supplement must be dated by the last party signing.
b. Executed supplements shall be audited in the Regional Office for
compliance with policy, application of cost-share procedures and
principles, document content, and format.
c. Audits not meeting requirements in Item b above shall be followed by
a review letter to the Certifying Specialist and Forest Supervisor.
Recommended actions may include cancellation of the amended
supplement or procedural changes made to assure requirements are met
in future supplements.
d. A member of the Regional Lands Staff shall meet with the Certifying
Specialist to review audit results annually, or more often as warranted.
e. Where audits disclose that certified supplements do not meet the
above requirements and are considered to contain significant errors, the
(1) Director of Lands and Minerals, (2) Forest Supervisor, (3) immediate
supervisor of the Certifying Specialist, and (4) Certifying Specialist shall
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review the concerns disclosed by the audit(s).
This review will
determine, among other items, whether significant errors are involved.
f. A Certifying Specialist shall be placed in probationary status when audits
and the review discussed in Item e above have shown significant errors in two
supplements. The probationary period shall last until five successive supplements
are prepared or received by the Certifying Specialist and are submitted to the
Regional Forester, acceptable in all aspects and containing no major technical or
mathematical errors which substantially affect the respective shares of the costshare parties. During the probationary period, the Certifying Specialist shall lose
certification if an audit shows a significant error in any supplement prepared or
certified by that specialist.
2. Journeyman Cost-Share Specialist Duties/Responsibilities.
a. Certified Specialists shall receive sample audits based on the
previous 10-year average number of supplements prepared and/or
certified on the Forest to which they are assigned as follows:
Average number of
Supplements per year
0-5
5 - 12
12 - 20
20+
Percent to be Audited
100%
33%
25%
20%
b. Audits must be made on all supplements which are not certified by
Certified Cost-Share Specialists.
c. In addition to the above, one in every 15 executed supplements by the
Forest, randomly selected, shall be reviewed in the field for compliance
with the requirements of FSM 5467.04b, Item 2, and for accuracy of onthe-ground implementation.
5467.04d - Forest Supervisors.
Forest Supervisors shall initiate negotiations. Once the prospective cooperator
indicates definite interest, the Forest shall notify Regional Office Lands and
Minerals that an agreement is under discussion, outline in general terms the
situation, and suggest an approach.
The Forest Supervisor may request a member of the Regional Office Lands and
Minerals Unit to participate in negotiations, particularly with a major company or
when company attorneys will be present. It is highly desirable and generally
beneficial for Lands and Minerals to be represented during final negotiations with
timber companies, railroad companies, and so forth, who do business with more
than one Forest. The Forest Supervisor is responsible for the preparation of a
memorandum for the record following each meeting with the cooperator.
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It may be desirable and beneficial to request assistance from the Lands and
Minerals Unit when negotiating a new agreement with a prospective cooperator
who has had no prior experience in the cost-share road program. Negotiations with
a cooperator, which have resulted in an impasse or are stalemated and are causing
substantial delays in meeting specific project or program targets or goals, shall be
called to the attention of the Director of Lands and Minerals.
Forest Supervisors shall execute cost-share supplements, provided a journeyman
cost-share specialist designated by the Regional Forester, has certified the
correctness of the supplement.
Develop and update an Excess Cost Plan (FSM 5467.53).