Federal Land Transfers - Mississippi



Mississippi Department of Transportation

Right of Way Operations Manual

Federal Land Transfers

The following procedures document the responsibilities of the Operation Section for transferring federal land to MDOT, as needed, for transportation projects.

Please review all pertinent chapters in the Roadway Design Operations Manual and the Right of Way Operations Manual.

1. Initiation of Federal Land Transfer Process

1.1 Identification of Federal Land Transfer Needs

When the Road Way Design Division (RWD) - Survey, Maps & Deeds Section (SMD) generates the deeds and maps for a project, they identify those parcels that are located on land owned by federal agencies.

2. Generate Highway Easement Deed for Federal Land Transfers

For federally-owned land, the RWD - Survey, Maps & Deeds Section generates a highway easement deed. Federal regulations (23 CFR 710.601(g) require that deeds for conveyance of lands or interests in lands owned by the United States be prepared by MDOT and certified as sufficient to convey title by an attorney licensed within the State of Mississippi. The deed must contain clauses required by FHWA and 49 CFR 21.7(a)(2). After MDOT prepares the deed, MDOT submits the proposed deed with the certification to FHWA for review and execution and delivery to the transferring agency for approval and execution back to FHWA who in turn delivers a transfer of the land back to the MDOT for final execution and recording.

3. Notification of and Provision of Materials to Acquisition Section

The RWD - Survey, Maps & Deeds Section provides the maps and deed descriptions of these parcels to the ROW Operation Section.

2. Federal Land Transfer Application Process

1. Federal Land Transfer Application Preparation

The Operations Section prepares the Federal Land Transfer Application Letter for FHWA in accordance with 23 CFR 710.601(d). The Federal Land Transfer Application Letter includes the following information:

1. Purpose for which the land is to be used;

2. Estate or interest in the land required for the project;

3. Federal-aid project number or other appropriate references;

4. Name of the federal agency exercising jurisdiction over the land and identity of the installation or activity in possession of the land;

5. Commitment to construct the highway on or to remove materials from the lands to be transferred within a period of not more than 10 years following the transfer of the lands to the State of Mississippi;

6. Letter from agency attorney certifying that the conveyance is sufficient to convey an interest to the agency for the construction of the project.

7. Map showing the survey of the lands to be acquired;

8. Legal description of the lands desired; and

9. Statement of compliance with the National Environmental Policy Act of 1969 (42 USC 4332, et seq.) and any other applicable federal environmental laws, including the National Historic Preservation Act (16 USC 470(f)), and 23 USC 138.

1

2.2 Federal Land Transfer Application Distribution

The Federal Land Transfer Application Letter is submitted to FHWA, except in the case of certain federal agencies that have special legislation for granting rights-of-way over lands under their jurisdictions and may proceed under their own laws. The Operations Section sends the Federal Land Transfer Application Letter to the FHWA Mississippi Division Administrator and a copy is delivered to MDOT’s ROW Operations Administrator for informational purposes.

3. Federal Land Transfer Application Processing

If the Federal Land Transfer Application Letter is submitted to FHWA, FHWA processes the application in accordance with 23 CFR 710.601(e). If FHWA concurs with the need for the transfer, the land-owning agency is notified and a right-of-entry is requested.

In cases of federal agencies with special legislation, MDOT submits the Federal Land Transfer Application Letter directly to that federal agency. Although they have special authority, the federal agencies sometimes wish to proceed under 23 USC 107(d) and 317 and, in such cases, the Federal Land Transfer Application Letter is filed with FHWA. The federal agencies that have special authority, which permits MDOT to file its application directly, include the following:

• Bureau of Indian Affairs. Federal Land Transfer Application Letter is submitted directly to the Bureau of Indian Affairs, Washington DC, for rights of way across tribal lands or individually owned lands in trust by the US or encumbered by federal restrictions. All other lands held by the Bureau of Indian Affairs are transferred under 23 USC 107(d) and 317.

• Army or Air Force. Mississippi submits its Federal Land Transfer Application Letter directly to the installation commander and the appropriate District Engineer of the Army Corps of Engineers.

• Navy. Federal Land Transfer Application Letter is submitted directly to the District Public Works Officer of the Naval District involved.

• Veterans Administration. Federal Land Transfer Application Letter is submitted directly to the Director of the Veterans Administration, Washington DC.

If the land-owning agency requests certain stipulations be added to the highway easement deed, these stipulations are included in the letter of consent to the FHWA’s Mississippi Division executed by the land owning agency. Once FHWA obtains a Letter of Consent from the land owning agency, they forward that letter to the Acquisition Section. During this process, the Operations Section communicates with FHWA’s Mississippi Division Administrator for status updates and other requests.

3. Federal Land Transfer Approval and Finalizing

1. Highway Easement Deed Approval

Upon receiving the Letter of Consent from the land owning agency, the highway easement deed is approved by the following entities:

• Mississippi Transportation Commission,

• MDOT’s Executive Director,

• FHWA’s Mississippi Division Administrator on behalf of itself and the land owning agency (except for the Bureau of Indian Affairs, the Army, the Navy, and the Air Force), and

• Land owning agency (unless FHW’s Mississippi Division Administrator approves on their behalf).

2

3.2 Deed Recorded at Courthouse

In accordance with 23 CFR 710.601(h), following execution of the highway easement deed, MDOT records the deed in the appropriate land record office and advises FHWA and the concerned land owning agency.

3.3 Certified Copies

FHWA and the land owning agency receive certified copies of the recorded instruments.

3.4 Federal Land Transfer Revert Back to Federal Agency1

When the need for the federal land acquired no longer exists, MDOT restores the land to the condition which existed prior to the transfer and gives notice to FHWA and to the concerned Federal Agency. The property immediately reverts to the control of the Federal Agency from which it was appropriated. Alternative arrangements may be made for the sale or reversion or restoration of property no longer required as part of a memorandum of understanding or separate agreement.

3.5 Right of Entry for Federal Land Transfers

MDOT may coordinate with FHWA to obtain a right of entry with the appropriate federal agency when it is deemed necessary to expedite a project. This right of entry permits MDOT to start construction on Federal land immediately rather than waiting for the approval, execution, and recording of the highway deed.

123 CFR 710.601(i)

3

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download