5440-2001-2
Page 1 of 2
FOREST SERVICE MANUAL
EASTERN REGION (REGION 9)
MILWAUKEE, WI
FSM 5400 – LANDOWNERSHIP
CHAPTER 40 – PARTIAL LAND INTERESTS, EXCEPT RIGHT-OF-WAY
Supplement No.: R9 RO 5400-2001-1
Effective Date: November 2, 2001
Duration: This supplement is effective until superseded or removed.
Approved: DAVID S. DILLARD
Acting Deputy Regional Forester
Date Approved: 11/02/2001
Posting Instructions: Supplements are numbered consecutively by Handbook number 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 Handbook was 5400-2000-1.
New Document
R9 RO 5400-2001-1
2 Pages
Superseded Document(s)
R9 RO 5400-91-1, chapter 40
2 Page
Digest:
40
Reissues supplement in MSWord format without any change in content.
R9 RO SUPPLEMENT
EFFECTIVE DATE: 11/02/2001
DURATION: Effective until superseded or removed
5400
Page 2 of 2
FSM 5400 – LANDOWNERSHIP
CHAPTER 40 – PARTIAL LAND INTERESTS, EXCEPT RIGHT-OF-WAY
5440.2 - Objectives
Consider partial interest acquisition as an alternative to fee aquistion to protect resources and
meet management objectives of the National Forests. Conservation and scenic easements should
complement fee acquisition and zoning, not compete with them.
Consider scenic conservation easements where the primary objective is to maintain existing land
uses, or protect critical resources.
Most easements will be a combination of both negative and positive requirements. While
easements cannot require landowners to actively maintain certain land uses, such as agriculture,
they can prevent undesirable land use changes.
5440.3 - Policy
Determine minimum interests needed to meet management objectives during Forest Plan
implementation. Decide at that time whether to acquire all rights, only a portion of the rights, or
rely on State regulations and local use controls. This decision is basic to the entire
landownership adjustment program. Partial interest acquisition shall include only those rights
necessary to meet management objectives.
1. Consider full range of management and protection alternatives, including appropriate
landownership options during Forest Plan implementation.
2. The analysis of management and protection alternatives shall consider cost
effectiveness, compliance with policy (such as Secretary's land use policy), effectiveness in
meeting objectives, and opportunities to develop public support.
3. Review the standards and guidelines for a management prescription in the Forest Plan
to evaluate whether less-than-fee acquisition is adequate to meet the goal.
4. Develop agreement on enforcement procedures in cooperation with the Regional
Attorney and U.S. Attorney prior to initiating negotiations.
5. The easement area should be contiguous with NF land, but this is not a requirement
where State statutes provide for easements in gross to transfer with the land. Staff Director shall
consult with the Regional Attorney. Such easements must contribute to resource objectives for
the area.