r6 supplement 2709.12-88-4 effective 12/88 2709.12, 26-28 page 3 of 3 fsh 2709.12 road rights-of-way grants handbook 12/88 r6

R6 SUPPLEMENT 2709.12-88-4
EFFECTIVE 12/88
2709.12, 26-28
Page 3 of 3
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.
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
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.

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