Forest Service Handbook by c0JGZIi

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                                 FOREST SERVICE HANDBOOK
                              ROCKY MOUNTAIN REGION (REGION 2)
                                        DENVER, CO



           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Duration: This supplement is effective until superseded or removed.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Superseded Document(s) by                                                           None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.
R2 SUPPLEMENT 2709.12-2002-1                                                     2709.12_30
EFFECTIVE DATE:                                                                  Page 2 of 5
DURATION: This supplement is effective until superseded or removed.

                       FSH 270-9.12 – ROAD RIGHTS-OF-WAY GRANTS HANDBOOK
                       CHAPTER 30 – FOREST ROAD AND TRAIL ACT EASEMENTS



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.
R2 SUPPLEMENT 2709.12-2002-1                                                    2709.12_30
EFFECTIVE DATE:                                                                 Page 3 of 5
DURATION: This supplement is effective until superseded or removed.

                       FSH 270-9.12 – ROAD RIGHTS-OF-WAY GRANTS HANDBOOK
                       CHAPTER 30 – FOREST ROAD AND TRAIL ACT EASEMENTS


                                               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.
R2 SUPPLEMENT 2709.12-2002-1                                                          2709.12_30
EFFECTIVE DATE:                                                                       Page 4 of 5
DURATION: This supplement is effective until superseded or removed.

                       FSH 270-9.12 – ROAD RIGHTS-OF-WAY GRANTS HANDBOOK
                       CHAPTER 30 – FOREST ROAD AND TRAIL ACT EASEMENTS


                                           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.)
R2 SUPPLEMENT 2709.12-2002-1                                                    2709.12_30
EFFECTIVE DATE:                                                                 Page 5 of 5
DURATION: This supplement is effective until superseded or removed.

                       FSH 270-9.12 – ROAD RIGHTS-OF-WAY GRANTS HANDBOOK
                       CHAPTER 30 – FOREST ROAD AND TRAIL ACT EASEMENTS


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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