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fsH 2709.12 – ROAD RIGHTS-OF-WAY GRANTS HANDBOOK

CHAPTER 30 – FOREST ROAD AND TRAIL ACT EASEMENTS

SUPPLEMENT NO.: 2709.12-2002-1.

Effective Date: March 5, 2002

Duration: This supplement is effective until superseded or removed.

|Approved: rick d. cables |Date Approved: 02/19/2002 |

|Regional Forester | |

Posting Instructions: Supplements are numbered consecutively by Handbook number and calendar year. Post by document; remove entire document and replace it with this supplement. Retain this transmittal as the first page(s) of this document. The last supplement to this Handbook was 2709.12-97-1 to 2709.12_40.

|New Document(s): |2709.12_30 |5 Pages |

|Superseded Document(s) by | |None |

|Issuance Number and Effective Date | | |

Digest:

34 – Adds checklist for processing of Forest Road and Trail Act (FRTA) easements, sets standards for exhibits, and provides direction for the proper execution of document.

34 – GRANTS TO PUBLIC ROAD AGENCIES.

34.1 – Form of Easements.

Use form FS-2700-9f, Public Road Easement. Do not require a rent for these easements.

Use the following standard clause defining the width of the right-of-way on the front page of the easement below the description of the lands crossed by the easement:

Said easement shall be ______ feet on each side of centerline with such additional width as required for accommodation and protection of cuts and fills.

Include a map or plat of the right-of-way granted in all easements (Exhibit A, Plats and/or Land Descriptions). In addition to the general requirements outlined in 42, these exhibits shall:

1. Be in black and white to ensure accurate copies over the life of the grant.

2. Show National Forest System lands and private lands. Use Primary Base Series or other comparable base map.

3. Show the location of the road granted to the exclusion of other roads, and the land accessed.

4. Include a legend with “Exhibit A” (or appropriate designation as described on the front page of the easement); name of the Grantee; township, range and principal meridian; north arrow; and approximate scale.

The execution clause is the last paragraph in the body of the document, executing the easement. The execution clause, authorized officer signature and notary for that signature should be on the same page. Ensure that the delegated authorized officer is correct in the execution clause.

Use the checklist shown in exhibit 01 to confirm the process, considerations, and document quality.

34.1 – Exhibit 01

CHECKLIST

FRTA EASEMENT GRANT

PROCESS

| |Requesting proponent is a public road agency? |

| |Check land status. Is the requested route on National Forest System lands or an assignable easement? |

| |Take proposal through pre-application screening process within 60 days of receipt using pre-application screens at 36 CFR 251.54(e) |

| |checklist and document results. Advise proponent regarding information needed and time required for processing (no formal application is |

| |required). |

| |Consider the following: |

| |Is the road appropriate for public use? |

| |Is the road existing, new construction or reconstruction? |

| |What Forest Plan standards and guidelines apply? |

| |Are there authorized uses of the requested route that may be impacted? |

| |Enter proposal into Special Uses Data System (SUDS) as denied or accepted. |

| |If accepted as application, have proponent file application with any required information. |

| |Follow Forest procedures for scoping and specialist review. |

| |Complete environmental analysis and document. |

| |Create authorization in SUDS. |

| |Review document with checklist. |

34.1 – Exhibit 01--Continued

CHECKLIST

FRTA EASEMENT GRANT

DOCUMENT REVIEW

| |Correct Easement Form? (FS-2700-9f) |

| |Grantee’s name spelled correctly? |

| |Correct description of lands crossed by easement? (aliquot parts or lots? Principal Meridian?) (Have description checked by Forest |

| |Surveyor or other appropriate staff.) |

| |Compare front-page description to Exhibit A – are they the same location? |

| |If using metes and bounds description, double-check calls. (Plat or Primary Base Series (PBS) map required also.) |

| |Width of easement? (Add clause to front page.) |

| |Standard Clauses? (All non-standard clauses need to be reviewed & approved by the Regional Office and Office of General Council.) |

| |“In Witness Whereof Clause”, Forest Supervisor’s Signature and Notary all on same page? |

| |Person signing easement has delegated authority? |

| |Plat/Map (required for all easements). |

| |Black and White (for copy work and microfiche). |

| |Show land ownership? |

| |Able to distinguish this road from all others? |

| |Legend with north arrow, Township, Range, P.M., approximate scale, and Exhibit ID. |

| |Survey Plat (if required). |

| |Copy sent to appropriate BLM office for serialization? |

| |Copy sent to Regional Office Group Leader for Non-Rec Special-Uses? |

| |Did holder have the easement recorded? (Required by law.) |

For those Forests with delegated authority, after execution of FRTA public road easement:

1. Ensure that the holder has the deed recorded in the county records.

2. Send one copy to the Regional Office Group Leader for Non-Recreation Special-Uses.

3. Send a copy to the appropriate BLM office for serialization:

For Colorado:

Bureau of Land Management

Colorado State Office

Attn: Lands and Mineral Title Section

2850 Youngfield St.

Lakewood, CO 80215

For Nebraska and Wyoming:

Bureau of Land Management

Wyoming State Office

Attn: Lands and Mineral Title Section

2515 Warren Ave.

Cheyenne, WY 82003

For South Dakota:

Bureau of Land Management

Montana State Office

Attn: Lands and Mineral Title Section

P.O. Box 36800

Billings, MT 59107

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