Wallowa-Whitman Supplement 5409.13-91-1
Effective 05/15/91
30.5-31-9
Page 1 of 6
FOREST SERVICE HANDBOOK
BAKER CITY, OREGON
FSH 5409.13 – LAND ACQUISITION HANDBOOK
Wallowa-Whitman Supplement No. 5409.13-91-1
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.
Document Name
30.5-31.9
Digest
Entire text is replaced except for ID’s.
Subsequent supplements will be issued by document.
/s/Charles L. Ernst for
R.M. RICHMOND
Forest Supervisor
No. of Sheets
Superseded
0
New
6
Wallowa-Whitman Supplement 5409.13-91-1
Effective 05/15/91
30.5-31-9
Page 2 of 6
LAND ACQUISITION HANDBOOK
CHAPTER 30 – LAND EXCHANGE
The outline which follows lists the steps and the responsible party in the exchange process but does not
represent an accurate timeline, since many steps can accomplished simultaneously. Numbers in
parentheses following most items in the outline are included to lead the reader to the applicable section
of Chapter 30 in this Forest Service Handbook.
At the beginning of a land adjustment 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 chart,
which identifies a critical path for each project, will be approved by the District Ranger(s) when the
Statement of Intent is approved by the Forest Supervisor(s).
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
Land Exchanges, refer to Wallowa-Whitman Forest Supplement No. 91-2 in FSM 5400.
Wallowa-Whitman Supplement 5409.13-91-1
Effective 05/15/91
30.5-31-9
Page 3 of 6
LAND ACQUISITION HANDBOOK
NORTHEAST OREGON LANDS ZONE
PROCEDURES FOR LAND EXCHANGE CASES
FSH 5409.13 – Chapter 30
DR – District Ranger
FS – Forest Supervisor/
Appropriate Staff
AME – Area Mining Engineer
Zone – Northeast Oregon
Lands Zone
RESPONSIBILITY
DR FS AME Zone
PROGRAM PLANNING/BUDGET DEVELOPMENT/TRAINING
X
X
Determine need for land adjustment. (31.2)
X
Develop Forest land adjustment plan and monitor long term land
adjustment needs.
X
X
Annual consultation to review and update the3-to-5 year Land
Adjustment Action Plan.
X
X
Requests land adjustment monies annually.
X
Assesses and provides for appropriated training of District and
Forest personnel in lands processes.
X Responsible Party
* Provides consultation and technical assistance
Wallowa-Whitman Supplement 5409.13-91-1
Effective 05/15/91
30.5-31-9
Page 4 of 6
LAND ACQUISITION HANDBOOK
RESPONSIBILITY
DR FS AME Zone
INITIATION/NEGOTIATION/NOTIFICATIONS
X
*
Prepares response to exchange proposals; determine whether proposal
is in public interest and meets the intent of laws, regulations and policy.
X
*
Preliminary negotiations. (31.3 & 32.3)
Negotiate each party’s responsibilities and investment in the
exchange – costs incurred by each party (i.e. advertisement, title
insurance/clearance, curise/appraisal).
X
Prepare Statement of Intent (31.9)
X
Notify all District personnel of specific lands in the exchange proposal
and assure that any planned activities on the Federal lands are compatible
with disposal of the land (i.e. seed tree selection, construction of
improvements, timber sales, issuance of special use authorizations.
X
Request water right inventory from State Water Resources Department
(SWAP Book, Chapter 10)
X
Request BLM leasable minerals report.
X
Request BLM serialization and segregation. (32.8)
X
Notify Bonneville Power Administration. (RO Direction, 11/89)
X
X
X
X
*
X
X
Public Involvement. (33)
Publish notice of exchange.
Notify permittees and other affected publics.
Respond to resultant inquiries.
Prepare Congressional, State and County notifications.
Utilize Early Warning Alert form (FS-1600-13).
X Responsible Part
* Provides consultation and technical assistance
Wallowa-Whitman Supplement 5409.13-91-1
Effective 05/15/91
30.5-31-9
Page 5 of 6
LAND ACQUISITION HANDBOOK
RESPONSIBILITY
DR FS AME Zone
TITLE EVIDENCE/LAND STATUS
X
X
Order preliminary title evidence. (32.4 52 & 53)
Identify unacceptable encumbrances & obtain remedies.
*
Prepare Federal land status report. (32.2)
Identify rights previously conveyed or permitted by the U.S.
(i.e. agreements, MOUs, outstanding rights, special use permits,
grazing permits, oil & gas leses, mining claims).
X
FIELD STUDIES AND NEPA DOCUMENTATION
X
Prepare Certificate of Possession, 5400-37 – initial inspection of private lands.
X
X
*
X
X
X
X
X
X
X
X
Prepare FS mineral potential report; coordinate technical review and
management approval of report with the Regional Office and BLM. (32.7)
X
NEPA documentation. (34)
Collect specialist reports and compile NEPA & decision document.
hazardous materials record search & field insp.
record search – other agency
record search – Forest Service
field inspection – Federal & non-Federal land
certification by landowner
floodplains & wetlands, threatened & endangered sp.,
cultural resource inventory and SHPO concurrence.
other resources
Identify post-exchange needs (i.e. ROWs and landline location).
TIMBER CRUISE AND LAND APPRAISAL
X
*
Timber Cruise (35)
contract prep and administration, or force account
X
Land Appraisal (35)
contract preparation and administration
X Responsible Party
* Provides consultation and technical assistance
Wallowa-Whitman Supplement 5409.13-91-1
Effective 05/15/91
30.5-31-9
Page 3 of 6
LAND ACQUISITION HANDBOOK
RESPONSIBILITY
DR FS AME Zone
TITLE/CASE APPROVAL
X
Cultural resource mitigation, if necessary.
X
Prepare and get approvals fro Exchange Agreement. (37)
X
Prepare title docket 7 obtain preliminary title approval. (38.3)
X
Prepare conveyance documents – patent, deeds, etc. (38)
X
Prepare Digest and Certificate of Use & Consent (5400-10 & 5400-29)
X
Get conveyance documents signed, recorded & delivered.
Supplemental Certificate of Possession – final inspection of non-Federal
lands, 5400-38.
X
CASE CLOSURE
X
X
X
Complete closing and obtain final title approval. (39.1 & .2)
X
Establish 5590 file for permanent retention and 5430 case file for 3-year
retention; distribute to appropriate Forest.
X
Notify appropriate Counties, Forests, and Districts of case completion.
*
Post land status records. (39.4)
X Responsible Party
* Provides consultation and technical assistance