Wallowa-Whitman Supplement 5509.11-91-1
Effective 05/15/91
21.21.32b
Page 1 of 6
FOREST SERVICE HANDBOOK
BAKER CITY, OREGON
FSH 5509.11 – TITLE CLAIMS, SALES AND GRANTS HANDBOOK
Wallowa-Whitman Supplement No. 5509.11-91-1
Effective May 15, 1991
POSTING NOTICE. Supplement to this handbook are numbered consecutively. Check the last transmittal received for this title to see that the above supplement number is in sequence. If not, obtain intervening supplement(s) at once on Form 1100-6. Do not post this supplement until the missing one(s) is received and posted. After posting, place this transmittal sheet at the front of the title and retain until the first transmittal of the next calendar year is received.
21-21.32.b
Document Name
Digest
Entire text is replaced except for ID’s.
No. of Sheets
Superseded
0
New
6
Subsequent supplements will be issued by document.
/s/Charles L. Ernst for
R.M. RICHMOND
Forest Supervisor

Wallowa-Whitman Supplement 5509.11-91-1
Effective 05/15/91
21.21.32b
Page 2 of 6
TITLE CLAIMS, SALES AND GRANTS HANDBOOK
CHAPTER 20 – SALES
The outline which follows lists the steps and the responsible party in the Small Tracts Act process but does not represent an accurate timeline, since many steps can be accomplished simultaneously.
Numbers in parentheses following most items in this outline are included to lead the reader to the applicable section of Chapter 20 in this Handbook.
At the beginning of an encroachment case, a chart will be developed jointly by the Lands Zone Team
Leader and the District Ranger(s). The chart designates the level of responsibility for each step and gives a date for completion of items requiring action at the District, Forest or Zone level. The charts, which identifies a critical path for each project, will be approved by the District Ranger when the
Small Tracts Act Application has been submitted by an applicant.
Cases can be completed in a timely and cost effective manner if communication is maintained among all involved Forest Service personnel. This will help achieve the compilation of accurate data and an appropriate resolution for each case.
For additional information on Northeast Oregon Lands Zone and Forest responsibilities pertinent to
Small Tracts Act cases, refer to Wallowa-Whitman Forest Supplement No. 91-2 in FSM 5400.

Wallowa-Whitman Supplement 5509.11-91-1
Effective 05/15/91
21.21.32b
Page 3 of 6
TITLE CLAIMS, SALES AND GRANTS HANDBOOK
NORTHEAST OREGON LANDS ZONE
PROCEDURES FOR SMALL TRACTS ACT CASES
FSH 5509.11 – Chapter 20
DR – District Ranger
Surveyor – Forest Surveyor
Zone – Northeast Oregon
Lands zone
RESPONSIBILITY
DR Surveyor Zone
X
DISCOVERY/EVALUATION/NEGOTIATION (21.2)
Submit Encroachment Report.
X
X
Notify private party of encroachment. If applicable, provide landowner with application.
* X
Acknowledge receipt of Application and advise applicant when decision will be made on proposal. Request additional information requested as necessary.
Prepare Federal land status report (e.g. mining claims, mineral leases, easements, special uses, water rights, withdrawls, etc.)
X * Review application proposal, investigate history of case and prepare a
Small Tracts Act report (include Decision Notice/FONSI in report).
X Send borderline or unique case documents and/or coast waiver requests to
Regional Forester for review.
X * Negotiate with applicant for a more suitable proposal – less acres, interchange, etc., when necessary.
X Responsible Party
* Provides consultation and technical assistance

Wallowa-Whitman Supplement 5509.11-91-1
Effective 05/15/91
21.21.32b
Page 4 of 6
TITLE CLAIMS, SALES AND GRANTS HANDBOOK
RESPONSIBILITY
DR Surveyor Zone
COST ESTIMATES AND PRELIMINARY INVESTIGATIONS
X Investigate and obtain clearance from specialist on the following items: a. Cultural Resources. b. Threatened and Endangered Species. c. EO11990 (Wetlands) and EO11988 (Floodplain).
X
X
Estimate costs for staff work to complete (21.3): a. Survey – mark and post new boundaries, draft plat and description. b. Appraisal.
X
X c. Preparation and recording Deeds. d. Title Certificate or Insurance for land to be acquired (interchange).
X Notify applicant that proposal is accepted or denied. a. Denied. (21.23a)
b. Accepted – follow instructions below. (21.23b)
CASE INITIATION
X Notify BLM (if lands are described in aliquot parts) and publish Public
Notice to segregate the lands. (21.85)
X Notify Bonneville Power Administration. (RO Direction 11/89)
X Prepare, negotiate and execute cost collecting agreement. If applicant is to perform all the work, document in a letter. (21.3)
X Prepare bill for collection for work to be performed by Forest Service; collect fee.
X Obtain Preliminary Title Policy for private land (interchange only). (21.4)
X Responsible Party
* Provides consultation and technical assistance

Wallowa-Whitman Supplement 5509.11-91-1
Effective 05/15/91
21.21.32b
Page 5 of 6
TITLE CLAIMS, SALES AND GRANTS HANDBOOK
RESPONSIBILITY
DR Surveyor Zone
X
FIELD WORK/VALUATION
X
Inspect non-Federal lands for Certificate of Possesssion, 5400-37
(interchange only). (R-6 Swap Book, Chapter 3)
Perform hazardous materials record search and field inspection. (R-6
X
Swap Book, Chapter 16) record search – other agency
X
X record search – Forest Service field inspection – (Federal interchange only) and non-Federal land
X
X
Certification by landowner
Complete, review, and obtain approval of survey, plat, and description. (21.6)
X X Zone prepares an appraisal (sale only) or District Ranger makes an approximately equal value determination (interchange only) . Values are reviewed and approved by the Forest Service. (21.5)
X
Obtain applicant’s signature on the approximately equal value determination
(interchange only). (21.5)
TITLE/CASE APPROVAL
X Prepared Deed(s) and send to Certified Area Title Examiner for review and approval.
X Obtain Forest Supervisor signature on Deed. For STA sales, skip next six steps.
X 1. Submit additional items to Certified Area Title Examiner for review
(interchange only). a.
Preliminary Title Insurance for private land. b.
Certificate of Possession (Form 5400-37). c.
Certificate of Use and Consent (Form 5400-29). d.
Hazardous Materials Report
X 2. Send acquisition Deed to applicant after preliminary title opinion has been
obtained (interchange only). a.
Deed executed and acknowledged. b.
Executed deed to be received from applicant. c.
Deed to be recorded.
X Responsible Part
* Provides consultation and technical assistance

X
Wallowa-Whitman Supplement 5509.11-91-1
Effective 05/15/91
21.21.32b
Page 6 of 6
TITLE CLAIMS, SALES AND GRANTS HANDBOOK
RESPONSIBILITY
DR Surveyor Zone
TITLE CASE APPROVAL (continued)
X 3. Conveyance quitclaim deed (interchange only) for National Forest
System land will be: a.
Delivered to applicant after receipt of acquisition deed and any payments due. b.
Recorded (option of landowner).
4. Inspect non-Federal lands for Supplemental Certificate of Possession.
5400-38 (interchange only). (R-6 Swap Book, Chapter 3)
X 5. Obtain Final Title Insurance for non-Federal land (interchange only) and send to RO with the following (21.4): a.
Original and recorded warranty deed. b.
Supplemental Certificate of Possession (Form 5400-38).
CASE CLOSURE
X 6. Secure Final Title Approval (interchange only). (21.4)
X Enter case into FES Database. (21.9)
X Submit these case documents to RO for posting to Status and transmittal to the BLM: a.
STA Report b.
Application c.
Appraisal/Statement of Value d.
Deed(s) e.
Survey plat
X Responsible Party
* Provides consultation and technical assistance