2709.12_30 Page 1 of 17 FOREST SERVICE HANDBOOK INTERMOUNTAIN REGION (REGION 4) OGDEN, UT FSH 2709.12 – ROADS RIGHTS-OF-WAY GRANTS HANDBOOK CHAPTER 30 – FOREST ROAD AND TRAIL ACT EASEMENTS Supplement No.: 2709.12-2011-1 Effective Date: November 7, 2011 Duration: This supplement is effective until superseded or removed. Approved: HARV FORSGREN Regional Forester Date Approved: 10/21/2011 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 2709.12-96-4 to chapter 40. New Document(s): 2709.12_30 17 Pages Superseded Document(s) by Issuance Number and Effective Date 2709.12,30-34 (Supplement 2709.12-96-2, 08/14/1996) 2709.12_35-38 (Supplement 2709.12-96-3, 08/14/1996) 2 Pages 2 Pages Digest: 31.2 – Directs to add two supplemental clauses to Cost Share easements in Region 4 forests in Idaho. Instructs to replace the “IN WITNESS WHEREOF” standard clause with the regional clause to reflect the appropriate delegation of authority to Forest Supervisors to execute over Cost Share easements. 32.3 – Clarifies instructions in the standard Non-Cost Share easement form to remove the word “construction” when it is not applicable. Provides instruction to replace the “IN WITNESS WHEREOF” standard clause with the Regional clause to reflect the appropriate delegation of authority to Forest Supervisors to execute over Non-Cost Share easements. R4 SUPPLEMENT: 2709.12-2011-1 EFFECTIVE DATE: 11/7/2011 DURATION: This supplement is effective until superseded or removed. 2709.12_30 Page 2 of 17 FSH 2709.12 – ROAD RIGHTS-OF-WAY GRANTS HANDBOOK CHAPTER 30 – FOREST ROAD AND TRAIL ACT EASEMENTS 39 – Adds title and instruction on preparation of Forest Road and Trail Act Easements (FRTA). 39.1 - 39.2 – Provides overview and objectives on preparing FRTA easements. 39.3 – Provides direction on the establishment of proper legal descriptions. Requires that legal descriptions be reviewed and signed off by the appropriate zone land surveyor. 39.4 – Provides direction on minimum standards for Diagrams, including Plats, Exhibits, and Maps. Adds or references guidance on diagram content. 39.5 – Outlines coordination roles and responsibilities between the Forest and the Regional Office of Lands and Minerals for preparation and execution of FRTA easements. 39.5 - Exhibit 01 – Provides a checklist of the roles and responsibilities for processing FRTA Cost Share and Non-Cost Share easements. 39.5 - Exhibit 02 – Lists major tasks to be performed by either the Forest or Regional Office for FRTA Cost Share and Non-Cost Share easements. 39.5 - Exhibit 03 - Provides a checklist of the roles and responsibilities for processing FRTA Public, Forest, and Private road use easements. 39.5 - Exhibit 04 - Lists major tasks to be performed by either the Forest or Regional Office for FRTA Public, Forest, and Private road use easements. 39.5 - Exhibit 05 – Provides a signature block for the Grantee and Grantor for FRTA Public, Forest, and Private road easements. Gives instruction to replace the standard form signature block with the signature block provided in this exhibit. R4 SUPPLEMENT: 2709.12-2011-1 EFFECTIVE DATE: 11/7/2011 DURATION: This supplement is effective until superseded or removed. 2709.12_30 Page 3 of 17 FSH 2709.12 – ROAD RIGHTS-OF-WAY GRANTS HANDBOOK CHAPTER 30 – FOREST ROAD AND TRAIL ACT EASEMENTS 31 – EASEMENT GRANTS TO COOPERATORS FOR COST SHARE ROADS 31.2 –Format of Easement Cost Share easements granted from Region 4 forests in Idaho must include the following clauses. Incorporate these clauses in Form FS-2700-9d after Section I, paragraph 4 of the easement. 5. On any road maintained by Grantor, Grantor shall have the right to charge purchasers of State timber and other commercial haulers, or to recover from available deposits held by the Grantee for such purchasers or haulers, reasonable maintenance charges based on the ratio that said hauling bears to the total hauling on such road. Grantor shall prohibit noncommercial use unless provision is made by Grantor or by the noncommercial users to bear proportionate maintenance costs. 6. Grantor shall have the right to charge and to enforce collections from purchasers of timber or other materials when removed from Grantee's lands over the road at such rate per unit of material hauled, or at such higher rate as may be approved by the Grantee, as set forth in State of Idaho/Forest Service Road Right-of-Way Construction and Use Agreement dated January 13, 2003, until such time as the amounts paid by such means or by credits received from Grantee shall total the amount set forth in said agreement. Timber or other materials hauled by Grantor from lands of the Grantee shall be regarded as though hauled by someone else. Forest Supervisors are delegated the authority to execute FRTA Cost Share easements over their own name and title. (Refer to FSM 2700 Zero Code and FSM 2730.) Replace the standard form “IN WITNESS WHEREOF” with the following appropriate execution clause in all Intermountain Region FRTA Cost Share easements (FS-2700-9d). IN WITNESS WHEREOF, the Grantor, by its duly authorized representative, has executed this easement pursuant to the delegation of authority to the Chief of the Forest Service in Title 7 CFR 2.60 and the delegation of authority by the Regional Forester, Intermountain Region, dated September 15, 1995 (60 FR, 47930) on the day and year first above written. R4 SUPPLEMENT: 2709.12-2011-1 EFFECTIVE DATE: 11/7/2011 DURATION: This supplement is effective until superseded or removed. 2709.12_30 Page 4 of 17 FSH 2709.12 – ROAD RIGHTS-OF-WAY GRANTS HANDBOOK CHAPTER 30 – FOREST ROAD AND TRAIL ACT EASEMENTS 32 – EASEMENT GRANTS TO COOPERATORS FOR NON-COST SHARE ROADS 32.3 – Procedure for Issuance Remove the word (construction) from the following standard clause if not applicable. Provided, that as long as the <Insert Name of Agreement> Road Right-of-Way Construction and Use Agreement dated <insert date> remains in full force and effect, the terms and conditions thereof shall govern all aspects of use of the premises, including, but not limit to (construction), reconstruction, and maintenance of the road. Forest Supervisors are delegated the authority to execute FRTA Cost Share easements over their own name and title. (Refer to FSM 2700 Zero Code and FSM 2730.) Replace the standard form “IN WITNESS WHEREOF” with the following appropriate execution clause in all Intermountain Region FRTA Non-Cost Share easements (FS-2700-9e). IN WITNESS WHEREOF, the Grantor, by its duly authorized representative, has executed this easement pursuant to the delegation of authority to the Chief of the Forest Service in Title 7 CFR 2.60 and the delegation of authority by the Regional Forester, Intermountain Region, dated September 15, 1995 (60 FR, 47930) on the day and year first above written. R4 SUPPLEMENT: 2709.12-2011-1 EFFECTIVE DATE: 11/7/2011 DURATION: This supplement is effective until superseded or removed. 2709.12_30 Page 5 of 17 FSH 2709.12 – ROAD RIGHTS-OF-WAY GRANTS HANDBOOK CHAPTER 30 – FOREST ROAD AND TRAIL ACT EASEMENTS 39 – PREPARATION OF FOREST ROAD AND TRAIL ACT (FRTA) ROAD EASEMENTS AND REGIONAL OFFICE COORDINATION 39.1 – FRTA Road Easement Preparation Road easements are typically granted when the use contemplated will be for a longer term. Easements also convey a limited and transferable interest in National Forest System land. It is essential that legal descriptions, surveys/plats, and maps are accurate, but also are of sufficient detail and format to facilitate the data entry into the Land Status Record System (LSRS). 39.2 – Objectives of Accurate Legal Descriptions, Diagrams, Plats, Exhibits and Maps 1. Sufficient detail to locate the authorized use and improvements on the ground, to the exclusion of all other uses. 2. Sufficient detail to determine the area and length of the easement for area of encumbrance on NFS land and to determine a land use fee, if appropriate. 3. Provides required geographic location data for input into the special uses database system (SUDS) and LSRS. 39.3 – Legal Descriptions 1. Format and style of legal descriptions are to follow the “Specifications for Descriptions of Tracts of Land Use in Land Orders and Proclamations” (USDI 1979, GPO, Washington) and the agency standards established in the Boundary Management Handbook (FSH 5509.15, sec. 15)1 (http://fsweb.r1.fs.fed.us/lands/land_uses/guidelines/R1_5509.15_suppl_locationexhibits.pdf ) 2. Short legal descriptions are appropriate for identification on the face of the easement. Lengthy or detailed legal descriptions should be attached as an exhibit. 3. The legal description of FRTA Public, Forest, and Private easements shall be reviewed by the appropriate zone land surveyor and signed off as to its accuracy. Include the following check box within the side margin of all easements. 1 Pending future direction by the Washington Office or Intermountain Region, an interim draft of R1 Supplement to the Boundary Management Handbook FSH 5509.15 provides guidance on legal descriptions and diagrams. This guidance is posted at the following Region 1 website: http://fsweb.r1.fs.fed.us/lands/land_uses/guidelines/R1_5509.15_suppl_locationexhibits.pdf). Region 4 Boundary and Title has reviewed and supports the use of this guidance. R4 SUPPLEMENT: 2709.12-2011-1 EFFECTIVE DATE: 11/7/2011 DURATION: This supplement is effective until superseded or removed. 2709.12_30 Page 6 of 17 Checked as to acreage, description, and condition of easement, and found to be correct. FSH 2709.12 – ROAD RIGHTS-OF-WAY GRANTS HANDBOOK CHAPTER 30 – FOREST ROAD AND TRAIL ACT EASEMENTS a. Left click on box. Move the cursor over the right, center, blue square to capture the graphic for purposes of copying. b. Right click once and select copy. c. Paste box in the left margin of the easement. 4. Legal descriptions for Cost Share and Non-Cost Share easements are reviewed and signed by the cost share specialist and is included in the cost share authorization. Review by the zone boundary and title surveyor and check box is not required. 39.4 – Diagrams: Plats, Exhibits, and Maps A. All easements must include a diagram. The type of diagram shall be either a survey plat, exhibit, or map based on the location standards needed to adequately support the legal description and the limits of the use to be authorized. For further classification and distinction between plats, exhibits, and maps, see the Boundary Management Handbook supplement (FSH 5509.15, Ch. 50, sec. 3)2. The authorized officer for managing the road use is responsible for determining the necessary location standards with its associated diagram by examining the value of the land encumbered by the easement, and the risk of future adverse consequences as a result of the inability to identify the limits of the use. The authorized officer should analyze the risks and values as described in the Boundary Management Handbook supplement (FSH 5509.15, Ch. 50, sec. 2)2. Some elements of risk and value are: 1. Land and improvement values. 2. Potential conflict with other uses in the area. 3. Complexity of landownership pattern. 4. Area of encumbrance on NFS land. 2 Pending future direction by the Washington Office or Intermountain Region, an interim draft of R1 Supplement to the Boundary Management Handbook FSH 5509.15 provides guidance on legal descriptions and diagrams. This guidance is posted at the following Region 1 website: http://fsweb.r1.fs.fed.us/lands/land_uses/guidelines/R1_5509.15_suppl_locationexhibits.pdf). Region 4 Boundary and Title has reviewed and supports the use of this guidance. R4 SUPPLEMENT: 2709.12-2011-1 EFFECTIVE DATE: 11/7/2011 DURATION: This supplement is effective until superseded or removed. 2709.12_30 Page 7 of 17 FSH 2709.12 – ROAD RIGHTS-OF-WAY GRANTS HANDBOOK CHAPTER 30 – FOREST ROAD AND TRAIL ACT EASEMENTS 5. Degree of construction, reconstruction, and annual operation and maintenance tasks to be performed. 6. The quality of the existing survey to which the easement is tied, including its age, type of monuments used, and legal standing. The authorized officer is encouraged to consult with the appropriate regional boundary and title management zone team leader. Refer to the Boundary Management Handbook supplement (FSH 5509.15, Ch. 50)3. B. Diagram Content—Refer to the Boundary Management Handbook supplement (FSH 5509.15, Ch. 50, sec. 4)3 for guidance and examples of diagram content. Additional clarification is provided below. 1. Electronic Data: Request and encourage that the applicant or grantee/holder provide georeferenced digital files compatible with Forest Service GIS (ArcInfo Format, see FSH 6609.15, ch. 30) for entry into the corporate database. Consult with the appropriate boundary and title management zone surveyor or Forest GIS specialist to establish proper datum, metadata, and projection specifications. The following are suggested GIS projection specifications: Projection Zunits Units Spheroid Xshift Yshift Parameters ALBERS EQUAL AREA NO METERS CLARKE1866 0.0000000000 0.0000000000 46 0 0.000 /* 1st standard parallel 48 0 0.000 /* 2nd standard parallel -109 30 0.000 /* central meridian 44 0 0.000 /* latitude of projection's origin 600000.00000 /* false easting (meters) 0.00000 /* false northing (meters) Additional guidance on data requirements for digital files and paper maps submitted for digitizing can be found at the Geospatial Service and Technology Center’s Metadata User’s Guide (http://fsweb.gsc.wo.fs.fed.us/metadata/). 2. Paper Diagrams: The paper diagram copy must be of a size that can be easily stored in the 8½” x 11” hard copy file. Reduced copies of diagrams are acceptable provided that 3 Pending future direction by the Washington Office or Intermountain Region, an interim draft of R1 Supplement to the Boundary Management Handbook FSH 5509.15 provides guidance on legal descriptions and diagrams. This guidance is posted at the following Region 1 website: http://fsweb.r1.fs.fed.us/lands/land_uses/guidelines/R1_5509.15_suppl_locationexhibits.pdf). Region 4 Boundary and Title has reviewed and supports the use of this guidance. R4 SUPPLEMENT: 2709.12-2011-1 EFFECTIVE DATE: 11/7/2011 DURATION: This supplement is effective until superseded or removed. 2709.12_30 Page 8 of 17 FSH 2709.12 – ROAD RIGHTS-OF-WAY GRANTS HANDBOOK CHAPTER 30 – FOREST ROAD AND TRAIL ACT EASEMENTS all required elements are clearly legible in the reduced format. The paper diagram must be suitable for digitizing if electronic data is unavailable (minimum scale of 1:24,000, with tic marks showing suitable geo-referenced coordinates such as latitude and longitude, UTM coordinates, and so forth). A statement of the geo-positioning method shall accompany the reporting of the geo-referenced data. The positional accuracy of the geo-referenced data shall be within 10 meters. 3. Legends: Diagrams should contain a legend that illustrates the meaning of symbols used, show improvements associated with the road (e.g. bridges, culverts, etc.), utilize shading or hatching to delineate land ownership, and use appropriate line weight and style to identify road centerline, sections lines, and so forth. Diagrams should also display the following information: a. b. c. d. e. f. g. h. i. North Arrow with a statement of the basis of bearings for the direction of all lines Bar Scale Section(s), Township, Range, Meridian, County and State Right-of-way length, width, and acreage, subtotaled by county, state, and Forest Service administrative units (it’s permissible to add this as an addendum to the exhibit) Point of origin of the use and destination Centerline description, as appropriate (discuss with zone boundary and title manager) Corner ties Date An explanatory note detailing what survey instrumentation or method was used to locate the easement. 39.5 – Regional Office Coordination – FRTA Easements 1. Cost Share and Non-Cost Share Road Easements: Refer to exhibits 01 and 02 for a checklist and table describing Forest and Regional Office roles and responsibilities for FRTA Cost Share and Non-Cost Share Easements. 2. Public, Forest and Private Road Easements: The Director of Lands and Minerals is responsible for: a. b. c. d. e. Submitting the easements to applicants for signature (as applicable), Easement execution, Obtaining recordation through the forest in the appropriate county of record, Issuance of the easement to the applicant upon execution/recordation, Supplying a copy of the easement to the forest and Bureau of Land Management (BLM), R4 SUPPLEMENT: 2709.12-2011-1 EFFECTIVE DATE: 11/7/2011 DURATION: This supplement is effective until superseded or removed. 2709.12_30 Page 9 of 17 FSH 2709.12 – ROAD RIGHTS-OF-WAY GRANTS HANDBOOK CHAPTER 30 – FOREST ROAD AND TRAIL ACT EASEMENTS f. Ensuring that a permanent case file is created and relevant data is entered into the Land Status Record System (LSRS). The Forest Supervisor is responsible for: 1. Processing, making approval decisions and preparing the easement for signature. 2. Ensuring that the easement is recorded with the county of record and returned directly from either the Forest or from the County Clerk and Recorder’s Office to the Regional Director of Lands and Minerals. Cost for recordation can be at either Forest Service expense or grantee expense. Include the following statement to the top of the easement: WHEN RECORDED MAIL TO: Region 4 Director of Lands and Minerals USDA Forest Service 324 25th Street Ogden, UT 84401-2301 3. Ensuring accurate data entry into the special uses database system (SUDS). 4. Administration of the easement for compliance with its terms and conditions and any associated operation and maintenance plan. Refer to exhibits 01 through 04 for checklists and tables describing Forest and Regional Office roles and responsibilities for processing FRTA Easements. Refer to exhibit 05 for replacement signature page for FRTA Public, Forest, and Private road easements. R4 SUPPLEMENT: 2709.12-2011-1 EFFECTIVE DATE: 11/7/2011 DURATION: This supplement is effective until superseded or removed. 2709.12_30 Page 10 of 17 FSH 2709.12 – ROAD RIGHTS-OF-WAY GRANTS HANDBOOK CHAPTER 30 – FOREST ROAD AND TRAIL ACT EASEMENTS 39.5 – Exhibit 01 FRTA Cost Share and Non-Cost Share Easement Checklist Process at Forest Level Verify that applicant is a current cooperator in a Road Right-of-Way Construction and Use Agreement for a cost share or non-cost share easement. Check land status. Upon receipt of a request from a cooperator for a cost share or non-cost share easement, ensure appropriate data is entered in the SUDS application screen. Follow national procedures for cost share/non-cost share easements and agreements. Processing of the request is supervised by a journey level cost share specialist. Perform the appropriate level of environmental analysis and document. Create the easement in SUDS and add the return mail address to the authorization document. Ensure that the appropriate “In Witness Whereof” statement is replaced in the standard form (refer to sections 31.2 and 32.2 of this supplement). Cost Share easements in Idaho include the R4 supplement clauses (refer to section 31.2). Review document checklist (see below). Execution of easement by Forest Supervisor. Upon execution of easement: Easement is recorded in county(ies) records. Copy of executed and recorded easement is sent to the Regional Special Uses Staff. Copy of executed and recorded easement is transmitted to the Bureau of Land Management for serialization. Relevant data entered into SUDS, including date of easement issuance. Document Review Correct easement form, authority (FRTA) and use code cited? Grantee/Holder’s name and address correct? Does the grantee/holder have the authority to sign the easement on behalf of entity or themselves? Legal description has been reviewed and documented by zone boundary and title zone surveyor. Compare face page abbreviated legal description with lengthier legal description (if applicable), do they reflect the same location? Length and width of the road is identified on the face page and in associated diagrams. Do they match? Y N R4 SUPPLEMENT: 2709.12-2011-1 EFFECTIVE DATE: 11/7/2011 DURATION: This supplement is effective until superseded or removed. 2709.12_30 Page 11 of 17 FSH 2709.12 – ROAD RIGHTS-OF-WAY GRANTS HANDBOOK CHAPTER 30 – FOREST ROAD AND TRAIL ACT EASEMENTS 39.5 – Exhibit 01--continued Easement and agreements have been certified as to correctness by a journey level cost share specialist. The “In Witness Whereof” Clause, Authorized Officer Signature Block, and Notary all on the same page. Plat/Exhibits/Maps are attached and include information specified in this supplement at 39.3 and 39.4. Process at Regional Level Upon receipt of executed easement from Forest: Create permanent case file. Ensure data entry into LSRS. R4 SUPPLEMENT: 2709.12-2011-1 EFFECTIVE DATE: 11/7/2011 DURATION: This supplement is effective until superseded or removed. 2709.12_30 Page 12 of 17 FSH 2709.12 – ROAD RIGHTS-OF-WAY GRANTS HANDBOOK CHAPTER 30 – FOREST ROAD AND TRAIL ACT EASEMENTS 39.5 - Exhibit 02 Table of Roles and Responsibilities of Forest and Regional Office for Cost Share and NonCost Share Road Easements Task Process request and make approval decisions for FRTA Cost Share and Non-Cost Share Easements as supervised by a journey level cost share specialist. Prepare and execute easements and agreements between the Forest and cooperator Record easement with County(ies) Transmit original easement to cooperator Transmit copy of recorded easement and appropriate diagrams/maps/survey’s etc. to RO Develop case file Data Entry into LSRS Send copy to BLM for serialization Administer easement and agreements Forest X RO X X X X X X X X X R4 SUPPLEMENT: 2709.12-2011-1 EFFECTIVE DATE: 11/7/2011 DURATION: This supplement is effective until superseded or removed. 2709.12_30 Page 13 of 17 FSH 2709.12 – ROAD RIGHTS-OF-WAY GRANTS HANDBOOK CHAPTER 30 – FOREST ROAD AND TRAIL ACT EASEMENTS 39.5 – Exhibit 03 FRTA Public, Forest, Private Easement Checklist Process at Forest Level Requesting entity is a public agency? If other, verify their eligibility to receive a FRTA easement vs. a FLPMA easement. Check land status. Is the requested route on NFS land or on an assignable easement? Request has been evaluated in conformance with the pre-application screening criteria. Reference 36 CFR 251.54 and FSH 2709.11, chapter 10. Consider the following: Is the road appropriate for public use? Is the road existing, require new construction or reconstruction? Forest Plan standards and guidelines have been reviewed. Are there other authorized use/activities relative to the route that may be impacted? If request passes screening criteria enter the application into SUDS. If additional information needed, request the applicant provide information and formal written application if applicable. Follow Forest procedures for scoping and specialist review, including consultation with appropriate zone boundary and title surveyor regarding legal descriptions, survey and mapping needs. Perform the appropriate level of environmental analysis and document. Create the easement in SUDS. (Following creation, add the surveyor check box, return mail address block, and replace the signature statements with that provided in this supplement.) Review document checklist (see below). Transmit easement to Regional Director of Lands and Minerals, including exhibits and operating plan if applicable. Upon return of the executed easement from Regional Office: Ensure recordation of the easement in county(ies) records. Ensure either forest or county provides original copy of easement to Regional Office for transmittal to holder. Enter relevant update information into SUDS, including date of easement issuance. Ensure a copy of easement is retained at the Forest for administration. R4 SUPPLEMENT: 2709.12-2011-1 EFFECTIVE DATE: 11/7/2011 DURATION: This supplement is effective until superseded or removed. 2709.12_30 Page 14 of 17 FSH 2709.12 – ROAD RIGHTS-OF-WAY GRANTS HANDBOOK CHAPTER 30 – FOREST ROAD AND TRAIL ACT EASEMENTS 39.5 – Exhibit 03--continued Document Review Correct easement form, authority (FRTA) and use code cited? Holder’s name and address correct? Does the holder have the authority to sign the easement on behalf of entity or themselves? Legal description has been reviewed and documented by zone boundary and title zone surveyor. Compare face page abbreviated legal description with lengthier legal description (if applicable), do they reflect the same location? Length and width of the road is identified on the face page and in associated diagrams. Do they match? Y N Does the easement require supplemental clauses, for example, Noxious Weed Control, Inclusion of an operating plan. Refer to FSH 2709.11, ch. 50. The “In Witness Whereof” Clause, Authorized Officer Signature Block, and Notary all on the same page (refer to exhibit 05). Plat/Exhibits/Maps are attached and include information specified in this supplement at 39.3 and 39.4. Original sent to Regional Office for execution? Original returned for recordation? Recordation complete? Case file created and SUDS data current. Process at Regional Level Upon receipt of unsigned easement from Forest: Verify that legal description has been reviewed by the zone boundary and title surveyor (check box on easement document) Transmit easement to applicant for signature and execute the easement following applicant signature. Transmit original easement to Forest for recordation at county(ies). Upon receipt of recorded easement: Create permanent case file. Ensure data entry into LSRS Transmit original recorded copy of easement to the holder. Transmit a copy of the recorded easement to the Forest, with instructions to update SUDS database. Transmit a copy of the recorded easement to the Bureau of Land Management for serialization. R4 SUPPLEMENT: 2709.12-2011-1 EFFECTIVE DATE: 11/7/2011 DURATION: This supplement is effective until superseded or removed. 2709.12_30 Page 15 of 17 FSH 2709.12 – ROAD RIGHTS-OF-WAY GRANTS HANDBOOK CHAPTER 30 – FOREST ROAD AND TRAIL ACT EASEMENTS 39.5 - Exhibit 04 Table of Roles and Responsibilities for FRTA Public, Forest, and Private Road Easements Task Process proposal/application and make approval decision Prepare easement and coordinates review by zone boundary and title management surveyor Transmit easement to RO Review easement and transmit to applicant for signature Execute easement once signed by applicant Transmit easement to Forest for county recordation Record original easement with County Send copy of recorded easement w/exhibits to RO Send original copy of recorded easement to holder and copy to Forest Develop Case File Data Entry into LSRS Send copy to BLM for serialization Administer easement Forest X RO X X X X X X X X X X X X X R4 SUPPLEMENT: 2709.12-2011-1 EFFECTIVE DATE: 11/7/2011 DURATION: This supplement is effective until superseded or removed. 2709.12_30 Page 16 of 17 FSH 2709.12 – ROAD RIGHTS-OF-WAY GRANTS HANDBOOK CHAPTER 30 – FOREST ROAD AND TRAIL ACT EASEMENTS 39.5 - Exhibit 05 Replacement Signature Block Replace the standard form signature block in FRTA Public, Forest, and Private Easements with the following. Ensure that the Paperwork Reduction Act and Privacy Act statements are retained at the end of the easement. Delete these instructions prior to printing. ACCEPTANCE On this ________ day of _________________, 2011, I, the undersigned grantee/holder have read, understand, and accept the terms and conditions of this easement. Type Grantee/Holder Name Here ACKNOWLEDGEMENT STATE OF___________________________) ) ss. COUNTY OF_________________________) On this ___day of ________, 2011, before me, a Notary Public in and for the State of _____________, personally appeared <Insert Holder Name>, known representative of the <Insert company, association name if applicable> that executed the within instrument and acknowledged to me that the company executed the same. IN WITNESS WHERREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. _________________________________________ Notary Public for the State of _________________ Residing at _______________________________ My commission expires _____________________ R4 SUPPLEMENT: 2709.12-2011-1 EFFECTIVE DATE: 11/7/2011 DURATION: This supplement is effective until superseded or removed. 2709.12_30 Page 17 of 17 FSH 2709.12 – ROAD RIGHTS-OF-WAY GRANTS HANDBOOK CHAPTER 30 – FOREST ROAD AND TRAIL ACT EASEMENTS 39.5 - Exhibit 05--continued IN WITNESS WHEREOF, the Grantor, by its duly authorized representative, has executed this easement pursuant to the delegation of authority to the Chief of the Forest Service in Title 7 CFR 2.60; the delegation of authority by the Chief, Forest Service, to the Regional Forester, Intermountain Region, dated August 16, 1982 (47 FR 36465); and the delegation of authority by the Regional Forester, Intermountain Region, to the Director of Lands and Minerals dated May 1, 1992 (F57 FR 18864), on the day and year first above written. UNITED STATES OF AMERICA _____________________________________ Type Regional Forester Name Regional Forester Intermountain Region Forest Service, Department of Agriculture ACKNOWLEDGEMENT STATE OF <Insert State Name> ) ) ss. COUNTY OF <Insert County Name> ) On this ______ day of ______________, 2011, before me, _______________________, a Notary Public in and for <Insert Name> County, personally appeared before me <Insert Name>, Director of Lands and Minerals, Intermountain Region, Forest Service, U.S. Department of Agriculture, the signer of the within instrument, who acknowledged to me that he executed the foregoing instrument acting for and on behalf of <Insert Name>, Regional Forester, by duly delegated authority. ___________________________________________ Notary Public for the State of <Insert Name> Residing in _________________________________ My commission expires _______________________ Note: Ensure that the standard Paperwork Reduction Act and Privacy Act Statement follows here. Delete these instructions prior to printing.