FSH 1509.11 - GRANTS AND AGREEMENTS HANDBOOK
1/85 R-6 SUPPLEMENT 3
CHAPTER 30 - AGREEMENTS FOR WHICH EXCEPTIONS HAVE BEEN
GRANTED UNDER PUBLIC LAW 95-224
32 - FOREST ROAD AGREEMENTS. Execute the amendment shown in Exhibit 2
whenever it is necessary to enter into new project agreements or revise Schedule A
with Counties. If a new agreement is entered into, use Exhibit 1 (Parent Text) but
incorporate the change shown in Exhibit 2. Regional approval is necessary to
modify this procedure.
Exhibit 2
Amendment No.
with
dated
to Forest Development Road Cooperative Agreement
and Forest Service, USDA,
, 19 .
The undersigned agrees to the following changes to the above referenced agreement:
a. Change the title of the agreement to read "Forest Development Road
Agreement."
b. Delete item 1d and revise as follows:
(1) "1d. Provide for maintenance of the roads identified in Schedule A by the
party that owns the roads, unless the parties agree otherwise."
c. Delete Item 3 in its entirety and revise as follows:
(1) "3. Maintenance Plans. Since each party agrees that it is responsible for
maintenance of the road it owns, an annual maintenance plan is not needed except
in those cases where one party agrees to perform maintenance on certain roads
owned by the other. If needed, maintenance plans may be developed at the annual
meeting set forth in item 6. Two types of arrangements may be included in a
maintenance plan:
-Type A Arrangement. Performance of specified maintenance or related
restoration work with crediting or cash reimbursement to the performer by the
owner. The plan will define the work, its location, and will provide for payment or
credit to the party performing the work. If the cooperator performs and cash
payments are agreed, funds will be paid upon receipt of work and when billed. If
the Forest Service performs and cash payment is agreed the cooperator will deposit
sufficient funds in advance of work. If crediting of work is agreed to, an annual
accounting shall be made on how to liquidate any imbalance at the end of the year.
-Type B Arrangement. Assumption of part or all of the maintenance
responsibility without compensation or sharing of costs by the owner. The parties
agree to continue with certain of these prior arrangements, but only on an interim
basis. Any roads subject to these arrangements must be identified in the
maintenance plan, in Schedule A, or in a subsequent project agreement, together
with a recognition that it is a temporary measure and with a schedule documenting
when the interim arrangement will terminate. The plan will identify the type and
description of activities for which the performing party will be temporarily
responsible."
ACKNOWLEDGMENTS
Name of Cooperator
By
Forest Service
Department of Agriculture
By
Title
By
By
Date of Last Signature
, 19
Authorization for the County to snowplow Forest Service roads need not be covered
in this agreement. These arrangements may be covered in a Road Use Permit.
If in a Type A arrangement offsetting is used, work performed by different
appropriations (for example FR or CWFS) should be accounted for separately to
avoid overlapping of appropriations.
Exhibit 3 is an example of an interim Type B maintenance agreement. This type of
agreement may be appropriate where the County agrees to have jurisdiction of lowstandard road, but because of its current standard, is a heavy maintenance burden
on them. Forests may agree to temporarily assume responsibility for some or all of
the maintenance on these roads providing there is a commitment on the County's
part to work with the Forest Service in improving the road and then resuming all
responsibility for its care and maintenance.
Exhibit 3
Project Agreement for Roads in the
Forest Development Road Cooperative Agreement
Between
Deschutes County, Oregon
and
Forest Service, U.S. Department of Agriculture
Dated
19
China Hat Road - FR 18 (1821)
This is an interim agreement to share maintenance on the cooperator's road in
accordance with Type B arrangements set forth in Section 3 of the agreement. The
portion of this road is from the pavement end (T. 18 S., R. 12 E., S 20) to the forest
boundary (T. 18 S., R. 12 E., S 29). The cooperator agrees that improvement of the
road is necessary and is on their program for planned reconstruction.
The Forest Service agrees that full maintenance for all traffic on the road in its
current condition is an undue burden on the cooperator.
The Forest Service will continue with this Type B maintenance arrangement
providing there is progress in advancing the priority for completion of
reconstruction on the cooperator's road program. (If the Forest Service has the
opportunity for funding through a timber sale or other funding, it intends to share
some of these reconstruction costs.)
This agreement will be reviewed annually for currency with these objectives. It will
be terminated upon completion or reconstruction or if plans to reconstruct are
unduly delayed.
I. THE FOREST SERVICE SHALL:
Provide surface blading on the dirt portion from the pavement end to the forest
boundary to the same standard as the rest of the road as far as Arnold Ice
Cave.
II. THE COOPERATOR SHALL:
Provide the remaining road maintenance activities such as drainages, signs,
surfacing, etc.
This agreement shall be attached to and become a part of the general Forest
Development Road Cooperative Agreement and be in effect until terminated by the
USDA Forest Service.
Approved:
Deschutes County, Cooperator
Forest Service
U.S. Department of Agriculture
By
Commissioner
Forest Supervisor
Date
Date