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FOREST SERVICE HANDBOOK
INTERMOUNTAIN REGION (REGION 4)
OGDEN, UT
FSH 2709.12 – ROAD RIGHTS-OF-WAY GRANTS HANDBOOK
CHAPTER 40 – FEDERAL LAND POLICY AND MANAGEMENT ACT
AUTHORIZATIONS
Supplement No.: 2709.12-2011-2
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Duration: This supplement is effective until superseded or removed.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 2709.12-2011-1 to chapter 30.
New Document(s):
2709.12_40
12 Pages
Superseded Document(s) by
Issuance Number and
Effective Date
2709.12_40-41 (Supplement 2709.12-96-4,
08/14/1996)
2 Pages
Digest: In order by code, summarize the main additions, revisions, or removal of direction
incorporated in this supplement.
42.1 – Adds title and instruction on the preparation of Federal Land Policy and Management Act
(FLPMA) easements.
42.2 – Identifies the objectives of accurate legal descriptions and diagrams.
42.3 – Provides direction on establishment of proper legal descriptions. Requires that legal
descriptions be reviewed and signed off by the appropriate zone land surveyor.
R4 SUPPLEMENT : 2709.12-2011-2
EFFECTIVE DATE: 11/7/2011
DURATION: This supplement is effective until superseded or removed.
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FSH 2709.12 – ROAD RIGHTS-OF-WAY GRANTS HANDBOOK
CHAPTER 40 – FEDERAL LAND POLICY AND MANAGEMENT ACT AUTHORIZATIONS
42.4 – Provides direction on the standards for diagrams, including plats, exhibits, and maps.
Adds or references where to obtain information on diagram content.
42.5 – Outlines coordination roles and responsibilities between the Forest and Regional Office of
Lands and Minerals for preparation and execution of FLPMA easements.
42.5 - Exhibit 01 – Provides a replacement signature page for Grantee and Grantor. Instructs to
replace the standard form signature block with this exhibit.
42.5 - Exhibit 02 – Provides a checklist of the roles and responsibilities for processing FLPMA
forest and private road use easements.
42.5 - Exhibit 03 – Lists major tasks to be performed by either the Forest or Regional Office for
FLPMA forest and private road use easements.
R4 SUPPLEMENT : 2709.12-2011-2
EFFECTIVE DATE: 11/7/2011
DURATION: This supplement is effective until superseded or removed.
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FSH 2709.12 – ROAD RIGHTS-OF-WAY GRANTS HANDBOOK
CHAPTER 40 – FEDERAL LAND POLICY AND MANAGEMENT ACT AUTHORIZATIONS
42.1 – FEDERAL LAND POLICY & MANAGEMENT ACT (FLPMA) 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).
42.2 – 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 appropriate land
use fee determinations and area of encumbrance on NFS land.
3. Provides required geographic location data for input into the special uses database
system (SUDS) and LSRS.
42.3 – 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.
1
The legal description 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.
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 : 2709.12-2011-2
EFFECTIVE DATE: 11/7/2011
DURATION: This supplement is effective until superseded or removed.
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Checked as to acreage, description, and
condition of easement, and found to be correct.
FSH 2709.12 – ROAD RIGHTS-OF-WAY GRANTS HANDBOOK
CHAPTER 40 – FEDERAL LAND POLICY AND MANAGEMENT ACT AUTHORIZATIONS
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.
42.4 – 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 : 2709.12-2011-2
EFFECTIVE DATE: 11/7/2011
DURATION: This supplement is effective until superseded or removed.
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FSH 2709.12 – ROAD RIGHTS-OF-WAY GRANTS HANDBOOK
CHAPTER 40 – FEDERAL LAND POLICY AND MANAGEMENT ACT AUTHORIZATIONS
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 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/).
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 : 2709.12-2011-2
EFFECTIVE DATE: 11/7/2011
DURATION: This supplement is effective until superseded or removed.
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FSH 2709.12 – ROAD RIGHTS-OF-WAY GRANTS HANDBOOK
CHAPTER 40 – FEDERAL LAND POLICY AND MANAGEMENT ACT AUTHORIZATIONS
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
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, etc. 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 the zone boundary and title
management surveyor).
Corner ties.
Date.
An explanatory note detailing what survey instrumentation or method was used to
locate the easement.
42.5 – Regional Office Coordination – FLPMA Easements
1. 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),
f. Ensuring that a permanent case file is created and relevant data is entered into
the Land Status Record System (LSRS).
R4 SUPPLEMENT : 2709.12-2011-2
EFFECTIVE DATE: 11/7/2011
DURATION: This supplement is effective until superseded or removed.
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FSH 2709.12 – ROAD RIGHTS-OF-WAY GRANTS HANDBOOK
CHAPTER 40 – FEDERAL LAND POLICY AND MANAGEMENT ACT AUTHORIZATIONS
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
Replace the standard easement form signature block with the signature blocks provided in
this supplement as exhibit 01.
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 02 and 03 for a checklist and table describing Forest and Regional Office
roles and responsibilities for processing FLPMA Public, Forest, and Private Easements.
R4 SUPPLEMENT : 2709.12-2011-2
EFFECTIVE DATE: 11/7/2011
DURATION: This supplement is effective until superseded or removed.
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FSH 2709.12 – ROAD RIGHTS-OF-WAY GRANTS HANDBOOK
CHAPTER 40 – FEDERAL LAND POLICY AND MANAGEMENT ACT AUTHORIZATIONS
42.5 - Exhibit 01
Replacement Signature Block
Replace the standard form signature block in FRTA and FLPMA 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
holder have read, understand, and accept the terms and conditions of this easement.
Type 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 : 2709.12-2011-2
EFFECTIVE DATE: 11/7/2011
DURATION: This supplement is effective until superseded or removed.
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FSH 2709.12 – ROAD RIGHTS-OF-WAY GRANTS HANDBOOK
CHAPTER 40 – FEDERAL LAND POLICY AND MANAGEMENT ACT AUTHORIZATIONS
42.5 - Exhibit 01--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.
R4 SUPPLEMENT : 2709.12-2011-2
EFFECTIVE DATE: 11/7/2011
DURATION: This supplement is effective until superseded or removed.
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FSH 2709.12 – ROAD RIGHTS-OF-WAY GRANTS HANDBOOK
CHAPTER 40 – FEDERAL LAND POLICY AND MANAGEMENT ACT AUTHORIZATIONS
42.5 – Exhibit 02
FLPMA Forest and Private Road Easement Checklist
Process at Forest Level
 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 there more than one parcel or landowner served by the road? Should the road be granted to
a public road entity or a private road to a homeowners or road user association?







Does ANILCA apply?
Is there more than one access route to the Non-Forest property?
Is there access available over private land or other Non-Forest property?
Is there an opportunity for reciprocal right-of-way?
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.
 Require cost recovery fees and collect, unless subject to a waiver (36 CFR 251.58(f)).
 Follow forest procedures for scoping and specialist review, including consultation with
appropriate zone boundary and title management surveyor regarding legal descriptions, and
diagram needs.
 Perform the appropriate level of environmental analysis and document.
 Create the authorization 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 : 2709.12-2011-2
EFFECTIVE DATE: 11/7/2011
DURATION: This supplement is effective until superseded or removed.
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FSH 2709.12 – ROAD RIGHTS-OF-WAY GRANTS HANDBOOK
CHAPTER 40 – FEDERAL LAND POLICY AND MANAGEMENT ACT AUTHORIZATIONS
42.5 – Exhibit 02--continued
Process at Regional Level
Upon receipt of unsigned easement from Forest:
 Verify that legal description has been reviewed by the zone boundary and title management
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.
 Transmit a copy of the recorded easement to the Bureau of Land Management for
serialization.
Document Review
 Correct easement form, authority (FLPMA) 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
management 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
 Land use fee correctly calculated and specified in the authorization? (Fee waivers do not apply
for easements; see FSH 2709.11, Ch. 31.22a). If reciprocal grant negotiated, coordinate with zone land
adjustment staff.
 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.
Diagrams are attached and include information specified in this supplement at 42.2 and 42.4.
Original sent to Regional Office for execution?
Original returned for recordation?
Recordation complete?
Original recorded copy sent to holder?
Case file created and SUDS data current.
R4 SUPPLEMENT : 2709.12-2011-2
EFFECTIVE DATE: 11/7/2011
DURATION: This supplement is effective until superseded or removed.
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FSH 2709.12 – ROAD RIGHTS-OF-WAY GRANTS HANDBOOK
CHAPTER 40 – FEDERAL LAND POLICY AND MANAGEMENT ACT AUTHORIZATIONS
42.5 - Exhibit 03
Table of Roles and Responsibilities for FLPMA 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
Transmits easement to RO
Review easement and transmit to applicant for
signature
Execute easement once signed by applicant
Transmit easement to Forest for county(ies)
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