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FSH 2709.12 ROAD RIGHTS-OF-WAY GRANTS HANDBOOK
12/88 R6 SUPPLEMENT 4
CHAPTER 20 - DEPARTMENT OF TRANSPORTATION EASEMENTS
26 - AGREEMENTS WITH STATE HIGHWAY DEPARTMENTS. The States of
Washington and Oregon and the US Department of Agriculture, Forest Service,
have entered into Memorandums of Understanding related to highways over
National Forest lands. They establish procedures for coordinating State highway
use and occupancy of National Forest lands and are contained in FSM 1535.
The State highway departments will submit annually their plan for the application
of chemicals within highway rights-of-way across National Forest land. It is
recommended that Forest representatives meet annually with various State
highway maintenance superintendents who maintain highways across their Forest.
The purpose of the meeting would be to reach agreement on the use of chemicals on
National Forest lands (FSM 2153). The agreement will involve types of chemicals,
mix, location, time of year, method of application, etc. Approval of the State's
annual plan, based upon this agreement, should result in few complications.
The Forest Supervisor should prepare an Environmental Analysis (EA's). EA's have
replaced the Multiple-Use Survey Reports as a result of the National
Environmental Policy Act.
The Department of Transportation is responsible for development of Federal aid
highways.
The Federal Highway Administration is the administrative agency within the
Department of Transportation responsible for issuance of Department of
Transportation easements to the states for Federal-aid highways. In addition, the
Federal Highway Administration has various administrative and engineering
responsibilities.
A Memorandum of Understanding, related to highways constructed by the Federal
Highway Administration over National Forest lands, by and between the US
Department of Transportation, Federal Highway Administration, and the US
Department of Agriculture, Forest Service, may be found in FSM 1535.13.
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26 - Exhibit 01
GUIDELINES FOR PROCESSING FEDERAL LAND TRANSFERS
PURSUANT TO 23 USC 107(D) & 317
Forest Service - Forest Highway Easement Deeds
A. Transfer of right-of-way on the Federal-aid system
1. The State, after determining Forest lands are necessary for highway
rights-of-way, normally advises the Regional Forester, and necessary oral
agreements with division office input at the plan-in-hand stage are made as to
construction right-of-way limits in accordance with Paragraph 11, E, 2 of
Memorandum of Understanding between the State and Forest Service.
2. State submits a formal written request together with two copies of the
design report and construction plans to the Forest Service 1/ and sends a copy of the
concurrence in necessity to Forest Service and agrees to any specific conditions
thereto. Sends a copy to Regional Counsel.
3. The Regional Office of the Forest Service then forwards to the State its
consent letter, setting forth the stipulations previously agreed to and granting an
immediate right of entry to construct the project, with a copy to the Division
Engineer and to Regional Counsel.
4. Upon completion of the project, the State submits its final as constructed
plans and/or plat delineating the right-of-way to be transferred by the Forest
Service. Forest Service concurrence to the right-of-way description will be
evidenced by a final letter of consent. 2/
5. Upon agreement between the State and Forest Service as to the lands to
be transferred, the State forwards the following to the Regional Counsel:
(
a) an application for transfer of Federal lands pursuant to Appendix 1,
Application for Federal Land Transfers, of Part 712, Subpart E, Federal Land
Transfers and Direct Federal Acquisition, 23 CFR, section 712.501, et seq. Section
(e) of Appendix 1 is not required where the project is completed;
(b) the original copy of the Forest Highway Easement Deed;
(c) one copy of the plat delineating the lands to be acquired, forwarded with
the deed, as Exhibit A. A legal description is not required.
1/ Forest Supervisor
2/ To Regional Administrator, FHWA
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26 - Exhibit 01 -- Continued
6. The Regional Counsel, after review, executes the original deed and
forwards it to the State to execute and record.
7. The State will submit four copies of the conformed deed with recording
data to the Forest Service, with one copy of the transmittal letter to Regional
Counsel.
8. In those cases where special-use permits previously issued by the Forest
Service are being converted to Highway Easement Deeds, the process can begin at
Step 5. In those cases where no instrument exists, Steps 1 and 5 through 7 will be
followed as appropriate.
The foregoing procedure is applicable to either Section 107(d) or 317
transfers.
B. Direct Federal
1. The Office of Federal Highway Projects meets with the Forest Service and
obtains the right-of-way necessary for construction.
2. Upon completion of construction, as-built plans and right-of-way plat are
prepared and forwarded to the State.
3. The procedures outlined above in Part A, 4 through 7, are then applicable.
It is the State's responsibility to initiate formal transfer requests once as built plans
are received.