2709.12_40
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FOREST SERVICE HANDBOOK
ROCKY MOUNTAIN REGION (REGION 2)
DENVER, CO
FSH 2709.12 – ROAD RIGHTS-OF-WAY GRANTS HANDBOOK
CHAPTER 40 – FEDERAL LAND POLICY AND MANAGEMENT ACT
AUTHORIZATION
Supplement No.: 2709.12-2002-2.
Effective Date: .
Duration: This supplement is effective until superseded or removed.
Approved: RICK D. CABLES
Regional Forester
Date Approved: mm/dd/yyyy
Posting Instructions: Supplements are numbered consecutively by Handbook number and
calendar year. Post by document; remove 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 2709.12-2002-1 to 2709.12_30.
New Document(s):
2709.12-2002-2
7 Pages
Superseded Document(s) by
Issuance Number and
Effective Date
2709.12,40-41 (Supplement 2709.12-97-1,
12/8,/1997)
2 Pages
Digest:
41.1 – Adds checklist for processing of Federal Land Policy and Management Act (FLPMA)
easements. Sets standards for exhibits to FLPMA easements, provides clauses for the proper
execution of document, the acceptance by applicant, and the granting clause for a reciprocal
grant.
R2 SUPPLEMENT 2709.12-2002-2
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
2709.12_40
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FSH 2709.12 – ROADS RIGHTS-OF-WAY GRANTS HANDBOOK
CHAPTER 40 – FEDERAL LAND POLICY AND MANAGEMENT ACT AUTHORIZATION
41 – TYPES OF SPECIAL-USE AUTHORIZATIONS.
41.1 - Federal Land Policy and Management Act Road Easement.
Easements are typically for a longer term and convey property rights; therefore, the
plat/ map standards should be higher than for a permit. Include as Exhibit A a map
or plat of the right-of-way granted in all easements. In addition to the general
requirements outlined in section 42 these exhibits shall:
1. Be in black and white to ensure accurate copies over the life of the grant.
2. Show National Forest System lands and private lands. Use Primary Base Series
or other comparable base map.
3. Show the location of the road granted to the exclusion of other roads, and the land
accessed.
4. Include a legend with “Exhibit A” (or appropriate designation as described on the
front page of the easement); name of the Grantee; township, range and principal
meridian; north arrow; and approximate scale.
Use the checklist shown in exhibit 01 to confirm the process, considerations, and
document quality.
R2 SUPPLEMENT 2709.12-2002-2
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
2709.12_40
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FSH 2709.12 – ROADS RIGHTS-OF-WAY GRANTS HANDBOOK
CHAPTER 40 – FEDERAL LAND POLICY AND MANAGEMENT ACT AUTHORIZATION
41.1 – Exhibit 01
CHECKLIST
FLPMA EASEMENT GRANT
PROCESS
Check land status. Is it on National Forest System (NFS) lands or an assignable easement?
Take proposal through pre-application screening process within 60 days of receipt using preapplication screens at 36 CFR 251.51(e) checklist and document results. Advise proponent
regarding information needed and time required for processing.
Consider the following:
Is the road on NFS or private lands?
Is there more than one parcel or landowner served by this road? Should the road be
granted to a public road entity or a private road to a homeowner’s association?
Does ANICLA apply?
Is there more than one access route to the private property?
Is there access available over private land?
Is there an opportunity for reciprocal rights-of-way?
Is the road existing, new construction or reconstruction?
What Forest Plan standards and guidelines apply?
Enter proposal into Special Uses Data System (SUDS) as denied or accepted.
If accepted as application, have proponent file application with any required information.
Application reviewed for completeness and accuracy.
Follow Forest procedures for scoping and specialist review.
Complete environmental analysis and document.
Create authorization and rent sheet in SUDS.
Review document with checklist.
Standard Operating & Maintenance plan or snow removal plan?
Acceptance signed?
R2 SUPPLEMENT 2709.12-2002-2
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
2709.12_40
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FSH 2709.12 – ROADS RIGHTS-OF-WAY GRANTS HANDBOOK
CHAPTER 40 – FEDERAL LAND POLICY AND MANAGEMENT ACT AUTHORIZATION
41.1 – Exhibit 01--Continued
CHECKLIST
DOCUMENT REVIEW
Correct Easement Form? (Use FSH 2709.12, 11.)
Grantee’s name spelled correctly? (Matches property deed.)
Consideration: annual fee or reciprocal? (Use reciprocal clause in R2 Supplement.)
Correct Description of lands crossed by easement? (aliquot parts or lots? Principal Meridian?) (Have
description checked by Forest Surveyor or other appropriate staff.)
Compare front-page description to exhibit A – are they the same location?
If using metes and bounds description, double-check calls. (Plat or Primary BaseSeries map required
also.)
Width of easement? (Copy clause from FLPMA Private Road Easement if clause is missing.)
Standard Clauses? (All non-standard clauses need to be reviewed & approved by Regional Office and Office
of General Council.)
Clause D – Identify purpose of land accessed or specify termination date (FSH 2709.12, 43)
Clause I (FLPMA Private Road) or H (FLPMA Forest Road)– Insert fee from SUDS rental
sheet.
Correct delegation in the “In Witness Whereof Clause”? (R2 Supplement.)
“In Witness Whereof Clause”, Forest Supervisor’s Signature and Notary all on same page?
Person signing easement has delegated authority?
Signed acceptance?
Person signing has authority to sign for holder?
Plat/Map (required for all easements)
Black and White (for copy work and microfiche)
Show land ownership?
Able to distinguish this road from all others?
Legend with north arrow, Township, Range, P.M., approximate scale, and exhibit ID
Survey Plat (if required).
If reciprocal grant, send accepted grant into the Regional Office with Acquisition for
signature.
AFTER EXECUTION
After execution, send one copy to Regional Office Group Leader for Non-Recreation
Special-Uses and one copy to appropriate Bureau of Land Management (BLM)
office.
R2 SUPPLEMENT 2709.12-2002-2
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
2709.12_40
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FSH 2709.12 – ROADS RIGHTS-OF-WAY GRANTS HANDBOOK
CHAPTER 40 – FEDERAL LAND POLICY AND MANAGEMENT ACT AUTHORIZATION
All FLMPA road easements must include an acceptance signed by the Grantee.
This acceptance should follow the "appropriate deed acknowledgment". It need not
be notarized. Ensure that the party signing the acceptance has authority to sign if
the easement is being granted to an association, a partnership or other entities
comprised of more than one (1) individual. Use format shown in exhibit 02.
41.1 – Exhibit 02
ACCEPTANCE OF FLPMA EASEMENT
This easement is accepted subject to all terms and conditions.
________________________________
Type in Grantee’s Name
________________________________
Date
Certain Forest Supervisors are delegated authority to grant standard FLPMA road
easements and reservations as listed in FSM 2700 Chapter 30, R2 Supplement
2700-2002-2. Those forests shall use the following execution clause in all FLPMA
easements and reservations:
IN WITNESS WHEREOF, the Grantor, by its Forest Supervisor, Forest
Service, has executed this easement pursuant to the delegation of authority
by the Secretary of Agriculture to the Assistant Secretary for Natural
Resources and Conservation, the delegation of authority by the Assistant
Secretary for Natural Resources and Conservation, to the Chief, Forest
Service, 7 CFR 2.60, the delegation of authority by the Chief, Forest Service,
dated August 16, 1982, (47 FR 36465), and by the Regional Forester, Forest
Service, on the day and year first written above.
This execution clause, Forest Supervisor’s signature, and notary for that signature
should be on the same page.
Reciprocal Rights-of-Way Grants. Prepare the grant for signature by the Regional
Forester in cases of reciprocal rights-of-way, and include accepted grant with the
right-of-way acquisition package submitted to the Regional Office. The grant will
not be processed until the Office of General Counsel has approved title to the
R2 SUPPLEMENT 2709.12-2002-2
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
2709.12_40
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FSH 2709.12 – ROADS RIGHTS-OF-WAY GRANTS HANDBOOK
CHAPTER 40 – FEDERAL LAND POLICY AND MANAGEMENT ACT AUTHORIZATION
acquisition (FSM 5466). See section 45.3 and subsequent sections for direction
regarding fee waivers on reciprocal rights-of-way.
Use the standard formats shown in 41.11 exhibit 01, and 41.12 exhibit 01 with the
following granting clause if the easement is in reciprocation for a grant to the
United States:
NOW THEREFORE, Grantor, for and in consideration of (the payment of an
annual use fee paid by Grantee and) 1/ the grant of reciprocal rights-of-way
recorded in Book
at Page
, in the public records of the County of
, State of
, does hereby grant to the Grantee, subject to
existing easements and valid rights, a non-exclusive easement for use of a road,
along and across a strip of land, over and across the following described lands in
the County of
, State of
:
1/ Omit phrase in parenthesis if not applicable.
Copies to Regional Office and Bureau of Land Management. After execution of
FLPMA road easement:
1. Send one copy to the Regional Office Group Leader for Non-Rec Special-Uses.
2. And another copy must be sent to the appropriate BLM office for
serialization:
For Colorado:
Bureau of Land Management
Colorado State Office
Attn: Lands and Mineral Title Section
2850 Youngfield St.
Lakewood, CO 80215
For Nebraska and Wyoming:
Bureau of Land Management
Wyoming State Office
Attn: Lands and Mineral Title Section
2515 Warren Ave.
Cheyenne, WY 82003
For South Dakota:
Bureau of Land Management
Montana State Office
Attn: Lands and Mineral Title Section
P.O. Box 36800
Billings, MT 59107
R2 SUPPLEMENT 2709.12-2002-2
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
2709.12_40
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FSH 2709.12 – ROADS RIGHTS-OF-WAY GRANTS HANDBOOK
CHAPTER 40 – FEDERAL LAND POLICY AND MANAGEMENT ACT AUTHORIZATION
Transfers of FLPMA Road Easements. Standard FLPMA road easements (FS-27009i and FS-2700-9j) state that the easement may, upon the change of ownership of
the land or facility accessed, be transferred to the new owner upon written
notification to the Regional Forester. For those Forests with delegated authority,
this notification is to the Forest Supervisor.
Upon written notification, a FLPMA road easement may be transferred under the
following conditions:
1. The requested transfer is during the life of the existing authorization.
2. There are no changes to the authorized use or occupancy of National Forest
System lands.
3. The use had previously been analyzed pursuant to NEPA.
If one or more of these conditions are not met, the easement may not be transferred
and must be considered as a new application for a road easement.
If the conditions are met, a transfer may proceed. Do not apply the special use
screenings pursuant to 36 CR 251 as these screenings apply to new or substantially
amended proposals. Ensure that the potential new holder owns the lands or
facilities accessed by the road easement by the holder providing:
1. A Bill of Sale; or
2. A deed to the property or facilities accessed, or
3. A FS-2700-3a, Holder Initiated Revocation and Request for Special Use Permit.
Document to the file that the above conditions were met, that ownership had been
verified and that the action was taken under Category 7 of the categorical
exclusions at FSH 1909.15, 31.1b: Sale or exchange of land or interest in lands and
resources where resulting land uses remain essentially the same. This action is not
appealable pursuant to 36 CFR 215.
Have the holder sign a Region 2 Acceptance (exhibit 02) of the easement terms and
conditions, and attach this Acceptance to the back of the existing easement. No
other modification to the easement is necessary or appropriate. Notify the holder of
the transfer by letter with a copy of the easement as an enclosure. Additionally,
send a copy to the Regional Office Group Leader for Non-Recreation Special-Uses
and the appropriate BLM office. Update the SUDS database by using the transfer
function in the SUDS database.