5409.13_30
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FSH 5409.13 – LAND ACQUISITION HANDBOOK
CHAPTER 30
– LAND EXCHANGE
Supplement No.: R-10 5409.13-2004-1
Effective Date: February 9, 2004
Duration: This supplement is effective until superseded or removed.
Approved: /s/ Steven A. Brink for Date Approved: 01/27/2004
DENNIS E. BSCHOR
Regional Forester
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 R-10 supplement to this Handbook was 5409.13-98-1 to chapter 30.
New Document 5409.13_30 3 Pages
Superseded Document(s) by
Issuance Number and
Effective Date
5409.13, 30-33 (5409.13-98-1, 8/31/98) 2 Pages
Digest:
32 - Updates instructions to reflect current direction in item 10.
38.3 - Adds further instructions to complete Form FS-5400-38, Supplemental Certificate of
Possession, as a step in closing land exchange cases.

R-10 SUPPLEMENT 5409.14-2004-1
EFFECTIVE DATE: 02/09/2003
DURATION: This supplement is effective until superseded or removed.
FSH 5409.13 – LAND ACQUISITION HANDBOOK
CHAPTER 30 – LAND EXCHANGE
32 – LAND EXCHANGE STEPS
5409.13_30
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10. Field Examination. Field examinations of Federal and non-Federal lands are necessary to evaluate the merits of a land exchange proposal. Both the Federal and non-Federal lands shall be inspected for hazardous substances, materials, and petroleum products (FSM
2160). The inspection, referred to as transaction screening, shall be documented on worksheets 1 through 5 in the Forest Service Guide to Land Transactions (EM-2160-2). Completion of the five worksheets documents the review of historic and current aerial photos, maps, records, interviews, and site inspections. Both the Agreement to Initiate (ATI) and exchange agreement shall include a statement that if evidence of hazardous substances or petroleum prodects are found, either party may reject, without liability or penalty, the tract affected or refuse to complete the exchange. In addition, the presence of hazardous substances or petroleum products shall be disclosed in the National Environmental Policy Act (NEPA) of 1969 (43 U.S.C. 4321-4346) analysis. The exchange agreement shall detail requirements and responsibilities for any remediation identified as a condition of the acceptance or conveyance of title. A chain of title search is required for transactions involving termination of government operations. A chain of title search is not required for other transactions where diligent field inspections, interviews and records research indicate no potential for hazardous material contamination.
The authorized officer has the responsibility to contact the Regional Environmental Engineer or
Comprehensive Environmental Response Compensation and Liability Act (CERCLA) coordinator if there is a suspicion or actual evidence of hazardous substances or petroleum products to further define the level of contamination, if any. The authorized officer shall not proceed with an exchange involving contaminated property until an assesment of the potential clean up costs and long-term liability of acquiring or conveying the property is provided by the
Office of General Counsel (OGC) and Regional Environmental Engineer or CERCLA
Coordinator. Procedures for the “bona fide prospective purchaser exemption” shall be followed if the decision is made to acquire contaminated property. Title evidence typically compiled or procured for appraisal purposes and title review should be described on Worksheet 2, and provided to the CERCLA coordinator for consideration in Phase I/II reports.
Appraisal consultations do not require prior completion of any of the five worksheets for feasibility analysis. However, requests for any valuation service resulting in a value opinion specific to any property requires, at a minimum, completion of Worksheet 2 for inclusion in the
Request for Appraisal Services (RFAS) package. All other Worksheets will be provided to the appraiser as soon as possible, and must be received prior to final approval of the appraisal report.
If the authorized officer has determined, at the time of the RFAS, that the property does not contain “recognized environmental conditions” as defined in the American Society for Testing and Materials (ASTM) E-1527-00, “Standard Practice for Environmental Site Assessments:
Phase I Environmental Site Assessment Process”, that conclusion shall be stated in the RFAS and no extraordinary assumption is needed in the appraisal instructions. If there is no such determination, the RFAS shall include a statement similar to:

R-10 SUPPLEMENT 5409.14-2004-1
EFFECTIVE DATE: 02/09/2003
DURATION: This supplement is effective until superseded or removed.
FSH 5409.13 – LAND ACQUISITION HANDBOOK
CHAPTER 30 – LAND EXCHANGE
5409.13_30
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“I request that the appraisal instructions for this assignment include an extraordinary assumption that the property is unaffected by hazardous material and, if found to be so affected, the property shall be cleaned up or the effect of the hazardous substances or petroleum products shall be remediated prior to conveyance. I understand that any condition other than the property being free from a “recognized environmental condition” may invalidate an approved appraisal report.”
The United States cannot accept or convey title to lands contaminated with hazardous materials.
38 - TITLE EVIDENCE, CONVEYANCE INSTRUMENTS, AND TIMBER CUTTING
38.3 - Final or Preliminary Title Docket
In addition to the procedure outlined in FSH 5409.13, 38.3, the Region adds the following requirements to Step 7, and an additional Step 23.
7. The Forest Supervisor shall prepare, Form FS-5400-38, Supplemental Certificate of
Possession, prior to closing and recording the deed to the United States. The prepared form shall be attached to, and made part of, the title docket. The form should be prepared immediately prior to closing; it must have been prepared no more than six months prior to closing. If the responsible forest has not prepared Form FS-5400-38 within this time limit, the responsible Land
Ownership Adjustment Group must elevate the case to the Regional Office, Lands Staff
23. The Forest Supervisor shall forward to the Regional Forester (Lands Staff) final title documents. If the case closed prior to issuance of the Final Title Opinion, the Forest Supervisor shall forward all necessary documents for final title within one year of case closings. The Lands
Staff shall assist the Office of the General Counsel in the assembly of the final title docket. Once assembled, the final title docket shall be forwarded to the Office of the General Counsel for a
Final Opinion of Title.