FSH 2709.12 - ROAD RIGHTS-OF-WAY GRANTS HANDBOOK 9/85 WO 26 - AGREEMENTS WITH STATE HIGHWAY DEPARTMENTS. Prompt exchange of information between the State and the Forest Service materially aids in the final processing of any application for rights-of-way. Desirably, each Regional Forester should enter into such an agreement with each State within the Region. Where two or more Regions are involved with the same State highway department, execute a joint agreement. Exhibit 1 shows a sample format of a memorandum of understanding that establishes suitable procedure between State highway agencies and Regional Foresters. The provisions are suggestions for use as deemed appropriate. Mandatory use is not intended nor implied. Make deletions and additions as appropriate as long as the resulting provision does not conflict with any conditions or provisions that might be included in a subsequent highway easement deed or stipulation. Exhibit 1 MEMORANDUM OF UNDERSTANDING ON PROCEDURES RELATED TO HIGHWAYS OVER NATIONAL FOREST LANDS This memorandum of understanding by and between the State of (Divison)(Department) of Highways, hereinafter called the "State," and the Regional Forester of Region , United States Department of Agriculture, Forest Service, hereinafter called the "Forest Service," establishes procedures for coordinating the location, construction, maintenance, signing, access, and other matters related to State highway use and occupancy of National Forest lands. The parties mutually recognize that: The State is responsible for planning, designing, constructing, and perpetuating public highways of the State Highway System for the safety and benefit of the using public, and The Forest Service is responsible for the protection and multiple-use management of National Forest lands and resources for the use and benefit of the people of the United States, and is vitally interested in the development of a public highway system that integrates with other Forest transportation facilities and provides access for use and enjoyment of the National Forests, and The State needs authorization to use National Forest lands for highway rights-of-way, waste areas and material sources for highway construction, and maintenance, and Because many National Forest access, development, and administrative facilities are appurtenant or adjacent to public highways, the Forest Service should confer with the State before developing physical improvements that may have an effect on highway administration, and Exhibit 1--Continued Lack of advance coordination and full understanding can result in differences that are often costly and time consuming to reconcile, and Nothing in this agreement is to be construed as conflicting with existing laws, regulations, and prescribed responsibilities, and In recognition of the responsibilities, interests, and limitations set forth above; and the mutual benefits of established procedures to facilitate agreement on specific highway matters on National Forest lands, the State and the Forest Service mutually agree as follows: I. Highway Location A. Planning 1. The State shall: a. Keep the Forest Service currently informed of route reconnaissance studies for highway locations involving National Forest land. b. Before field or aerial surveys start, request a stage I multiple-use survey report from the Forest Supervisor on resource impacts and management situations related to the proposed highway development. The State should allow 6 to 12 months, depending upon the complexity of the case, for the Forest Supervisor to investigate and report before the survey begins. c. Give the Forest Supervisor the termini of the survey and sufficient other information to determine with accuracy the affected area to be studied. The State shall provide a reconnaissance contour map if available. Exhibit 1--Continued d. Suggest a desired date for the final decision notice for a project and work with the Forest Supervisor in the gathering of the data needed for the environmental analysis and the environmental assessment or environmental impact report when required. 2. Upon receiving the State's request, the Forest Service shall: a. Begin field investigation and environmental analysis to determine the scope of the environmental assessment and the documentation required for the decision on the project. This information will be helpful to the State in field surveys and will define areas in need of advance coordination in planning and design. b. Concur with the State's suggested date for receiving the decision document or negotiate a mutually agreeable alternative. B. Surveys 1. The State shall: a. Annually notify the Forest Service of planned location surveys across National Forest land. b. Instruct its employees responsible for field work on ground surveys or controls to contact the Forest Supervisor before starting work. c. Request a joint Forest Supervisor and State presurvey field review. Exhibit 1--Continued 2. The Forest Service shall: a. Furnish available data and information on such matters as land corner locations, property line boundaries, maps, and access routes. b. Explain Forest Service organization and regulations pertaining to fire prevention and suppression. c. Review requirements and limitations related to clearing survey lines and material source investigations. d. Provide on-the-ground review and interpretation of details of the multiple-use survey report for assistance to State and survey parties. C. Design Review 1. The State shall: a. Furnish the Forest Supervisor with two copies of the proposed design brochure or other project documents as soon as available. b. Furnish the Forest Supervisor with two sets of preliminary plans in time to allow for a reasonable Forest Service review. c. Arrange for joint review of the preliminary design prior to completing final design. 2. The Forest Service shall: Exhibit 1--Continued a. Following the in-service review, have the Forest Supervisor meet with State representatives to discuss details of the planned highway work, which may concern Forest Service responsibilities. b. Within a reasonable time after the preliminary plans review, advise the State of any recommended changes in preliminary design, as determined by the stage II multiple-use survey report. c. Furnish the State advice and assistance on design matters involving National Forest interests, such as preservation and restoration of fish and game habitat and food sources likely to be affected by construction and subsequent maintenance, and the materials and criteria for establishing and maintaining vegetal cover on disturbed areas. d. Mark merchantable right-of-way timber, locate sites for decking logs, designate areas for storage or disposal of clearing and grubbing debris, and designate disposal sites for excess excavation. e. Provide information on probable limits of fire season, inherent fire hazards, fire prevention and control requirements, possible use of contractor's forces, and equipment for fire suppression to be included in the Fire Protection Plan. f. Provide information on the need for detours for National Forest traffic, maintenance of Forest Service roads used for detours during construction, use of Forest Service roads for work roads, replacement of Forest Service facilities and signs. The temporary use of such Forest Service roads will be authorized under special-use permit. Exhibit 1--Continued g. Collaborate to minimize dust, noise, objectionable odors, and water supply pollution or contamination associated with construction work. D. Plan Approval Forest Service approval of plans and specifications is required. Such approval does not relate to highway engineering functional items, but acknowledges that the State has met Forest Service requirements relating to service needs and impacts on National Forest lands. The Regional Forester and the State shall enter into a separate stipulation for each project concerning disposal of merchantable timber, vegetating cut and fill slopes, relocation of Government-owned buildings or other improvements, and other details of construction considered to be inadequately covered in the highway plans and specifications. Applicable provisions from the attached approved draft of stipulation will be used to prepare the stipulations for the specific project. When necessary, the provisions may be supplemented upon approval of the Forest Service. E. Right-of-Way Approval 1. Upon State request through and with concurrence of the Regional Federal Highway Administrator, the Forest Service will agree to the appropriation and transfer of the right-of-way to the State under the terms and conditions set forth in the letter of consent and the separate stipulation. The transfer will be effected under the provisions of Sections 317 and 107(d) of the Federal Highway Act of August 27, 1958, by the issuance of a highway easement deed substantially in the form attached hereto. Exhibit 1--Continued 2. The easement granted under the provisions of paragraph 1 above is limited to use of the described right-of-way and the space above and below the established grade line of the highway pavement for the purpose of construction, operation, and maintenance of a highway in accordance with the approved plans; it does not include the grant of any rights for nonhighway purposes or facilities. No other use or occupancy of the right-of-way will be made or permitted by the Forest Service without first consulting with the State and the Federal Highway Administration. A separate permit will be issued for removal of mineral materials necessary for use in construction or maintenance of the highway under the authority of the Act of July 23, 1955 (69 Stat. 367). II. Construction and Maintenance A. Construction 1. The State shall: a. Control construction under its contracts to assure work is in accordance with approved plans and agreements. b. Require the District Engineer to obtain agreement from the appropriate Forest Supervisor prior to starting work under changed conditions that develop prior to or during construction and that alter the land use aspect of approved plans. c. Have the District Engineer advise the appropriate Forest Supervisor in writing of award of construction contract and furnish the name and title of the Engineer's on-the-job representative whom the Forest Supervisor or a designated Exhibit 1--Continued representative should contact about matters relating to the construction work. 2. The Forest Service shall: Advise the Forest Supervisor to consult only with the District Engineer or a designated representative on matters pertaining to project construction. B. Maintenance 1. The State shall: Coordinate with the Forest Supervisor all maintenance activities that involve additional clearing, slash disposal, disposal of slough material, changes in road drainage patterns, materials source and storage, and similar actions that involve National Forest lands. 2. The Forest Service shall: a. Expedite review and agreement on maintenance items requiring Forest Service concurrence. b. Assist State maintenance forces with matters related to equipment parking and materials storage, emergency communications needs, materials sources, designation of slough and slide material disposal areas. c. Advise the State of planned Forest Service activities that may have an impact on highway maintenance. Exhibit 1--Continued III. Signing A. National System and Interstate and Defense Highways The State shall install all signing within the right-of-way limits on the National System of Interstate and Defense Highways in conformance with Federal requirements. B. State and U.S. Numbered Highways on National Forest Lands 1. Regulatory and warning signs are under jurisdiction of the State and shall be installed and maintained by the State. 2. Guide signs shall be installed and maintained as follows: a. The State shall install and maintain all U.S. or State highway route markers; all destination signing at junctions of two U.S. or State highways; other major road intersections; Forest Service and other minor road intersections and distance type guide signs along the route. b. The Forest Service may install and maintain rustic type Forest Service guide signs where the State does not provide appropriate alternative signing. These include, but are not limited to, signs for: National Forest boundaries; Forest Service picnic, camping, recreation and resort areas, and administrative sites, including approach signs thereto; availability of public service facilities and accommodations; directions and destination of junctions of Forest Service trails; temporary posters calling attention to hazardous forest conditions, such as high fire danger; the naming of important streams, mountain peaks, and special features. C. General Conditions 1. The location of special features and informational signs that require a parking area so the public can stop and read them require State approval prior to installation. 2. Signs installed or authorized by the State or the Forest Service shall not include names of commercial establishments, guides and outfitters, or private concerns. 3. Signing shall conform to mounting height, location, and lateral placement provisions of the Uniform Manual on Traffic Control Devices. IV. Access Control A. Access to the National System of Interstate and Defense Highways shall be only by way of the established interchanges, except where knockout panels in fencing have been provided for emergency use. B. The State shall approve all approaches to a State or U.S. Highway on National Forest land under a permit for encroachment. C. The Forest Service shall obtain a permit for encroachment for its permanent roads that connect within the State rights-of-way with State and Exhibit 1--Continued U.S. Highways. The Forest Service also shall stipulate in its permits to others that approval for road construction over National Forest land within the State rights-of-way is contingent upon approval by the State for connections to State and U.S. Highways. D. Approved permanent new approaches to State and U.S. Highways on National Forest land will be at the expense of the Forest Service or its permittee. Further maintenance of such approaches within the right-of-way shall be by and at the expense of the State. E. The Forest Service may construct temporary approaches required during fire fighting operations or other emergencies as necessary without formal approval by the State. Construction and obliteration of such temporary approaches and restoration measures necessary shall be at no expense to the State. V. Conclusion A. District Engineers and Forest Supervisors are encouraged to consult with each other and to agree on such matters as fall within their scope of responsibility. They shall refer matters that require consideration at a higher level to the State Highway Engineer and the Regional Forester. B. This memorandum may be amended or supplemented by mutual agreement between the signers or their successors. Either party may terminate this memorandum through written notice to the other. Exhibit 1--Continued C. We have read the foregoing and agree to accept and abide by the procedures herein. (Division) STATE OF , (DEPARTMENT OF HIGHWAYS) Date: BY: State Highway Engineer U.S. DEPARTMENT OF AGRICULTURE FOREST SERVICE Date: BY: APPROVED OGC Regional Forester - Region Date: 27 - RECORDING. The grantee must record the deed from the United States to the State or political subdivision thereof in the appropriate land record office as required by 23 U.S.C. 712.503(c). 28 - TERMINATION. Department of Transportation easements may be terminated as provided by 23 U.S.C., Section 317(c), or through failure to construct as provided by condition 3 of the deed. The act provides that when the need for the easement no longer exists, the grantee shall give notice of that fact to the Secretary of Transportation, and the rights granted therein shall terminate and the lands shall revert immediately to the full control of the Secretary of the Department from which they were appropriated. The Regional Counsel, Federal Highway Administration (FHWA), prepares the instrument acknowledging receipt of the State's notice and certifying to the revesting of title in the United States or in its assigns. The State files its notice and the FHWA acknowledgment in the recording office where the original document was recorded.