2709.12,T of C Page 1 of 8 FSH 2709.12 - ROAD RIGHTS-OF-WAY GRANTS HANDBOOK Contents ZERO CODE CHAPTER 10 APPLICATION PROCESSING 20 DEPARTMENT OF TRANSPORTATION EASEMENTS 30 FOREST ROAD AND TRAIL ACT EASEMENTS 40 FEDERAL LAND POLICY AND MANAGEMENT ACT AUTHORIZATIONS 50 WILDERNESS ACT RIGHT-OF-WAY AUTHORIZATIONS 60 ALASKA NATIONAL INTEREST LANDS CONSERVATION ACT RIGHTS-OF- WAY [RESERVED] 70 RECORDS AND REPORTS ZERO CODE Contents 05 DEFINITIONS CHAPTER 10 - APPLICATION PROCESSING Contents 11 SELECTING APPROPRIATE GRANTING AUTHORITY 12 PREPARATION OF GRANTS 13 APPLICATIONS AND ENVIRONMENTAL ASSESSMENTS 14 PLANS AND SPECIFICATIONS CHAPTER 20 - DEPARTMENT OF TRANSPORTATION EASEMENTS Contents 21 HIGHWAYS ON THE FEDERAL-AID SYSTEM 21.1 Qualifications for Grant 21.2 Form of Documents 21.21 Easement 21.22 Stipulation 21.23 Letter of Consent 21.3 Procedure for Issuance 21.4 Nondiscrimination in Federally Assisted Programs 22 HIGHWAYS CONSTRUCTED UNDER PROVISIONS OF CHAPTER 2 OF THE FEDERAL HIGHWAY ACT 22.1 Forest Highways 22.11 State Constructs and Maintains 22.12 State Operates and Maintains Existing Highway 22.13 Procedure for Issuance 22.2 Public Lands Highways 23 HIGHWAYS NOT BUILT WITH FEDERAL-AID FUNDS (RESERVED) 24 HIGHWAYS ACROSS FORMER LAND UTILIZATION LANDS UNDER CONTRACT OF SALE 24.1 Qualifications for Grant 24.2 Form of Grant 24.21 Easement 25 REPLACEMENT OF PRIOR GRANTS 25.1 Qualifications for Grant 25.2 Form of Easement 25.3 Procedure for Issuance 26 AGREEMENTS WITH STATE HIGHWAY DEPARTMENTS 27 RECORDING 28 TERMINATION CHAPTER 30 - FOREST ROAD AND TRAIL ACT EASEMENTS Contents 31 EASEMENT GRANTS TO COOPERATORS FOR COST SHARE ROADS 31.1 Qualifications for Grant 31.2 Format of Easement 31.3 Procedure for Issuance 31.4 Easements Authorizing Off-Highway Hauling 31.41 Wording of Off-Highway Hauling Authorization 31.42 Administration of Off-Highway Hauling Clause 32 EASEMENT GRANTS TO COOPERATORS FOR NON-COST SHAREROADS 32.1 Qualifications for Grant 32.2 Format of Easement 32.3 Procedure for Issuance 33 REPLACEMENT OF PRIOR GRANTS TO COOPERATORS. 33.1 Qualifications for Grant 33.2 Form of Easements 33.3 Procedure for Issuance 34 GRANTS TO PUBLIC ROAD AGENCIES 34.1 Form of Easements 34.2 Procedure for Issuance 34.3 Nondiscrimination in Federally Assisted Programs 35 EASEMENT GRANTS TO LANDOWNERS WHO COOPERATE IN THE CONSTRUCTION OF SYSTEM ROADS OUTSIDE OF COST SHARE AREAS 35.1 Qualifications for Grant 35.2 Format of Easements 35.3 Consideration for Grant of Easement 35.31 Forest Road and Trail Act Forest Road Easements 35.32 Forest Road and Trail Act Private Road Easements 35.4 Procedure for Issuance 35.5 Survey and Plat Requirements 36 FILING WITH BUREAU OF LAND MANAGEMENT 37 RECORDING 38 TERMINATION CHAPTER 40 - FEDERAL LAND POLICY AND MANAGEMENT ACT AUTHORIZATIONS Contents 41 TYPES OF SPECIAL-USE AUTHORIZATIONS 41.1 Federal Land Policy and Management Act Road Easements 41.11 Federal Land Policy and Management Act Forest Road Easement 41.12 Federal Land Policy and Management Act Private Road Easement 41.13 Right-of-Way Reservations 41.2 Federal Land Policy and Management Act Permits 41.21 Road Use Permits 41.22 Forest Road Special-Use Permits 41.23 Private Road Special-Use Permits 41.24 Temporary Road Permits to Cooperators in Cost-Share Agreement Areas 41.25 Licenses 42 APPLICATIONS 43 TERM OF AUTHORIZATION 44 CONSTRUCTION STIPULATIONS 45 DETERMINATION OF FEES 45.1 Land Use Fees 45.2 Road Use Fees 45.3 Waiver of Rental Fees 45.31 Waiver for Federal Agencies 45.32 Waiver for Construction of a Road That is Part of the Forest Development Road System or the Grant of Reciprocal Rights-of-Way 45.33 Partial Waiver 46 ADMINISTRATION OF RIGHTS-OF-WAY 46.1 Easements 46.11 Termination 46.2 Permits 46.21 Suspension 46.22 Termination 46.22a Replacement With Easement 46.22b Transfer of Permit 46.22c Land Exchange 46.22d Nonpayment of Fees 46.22e Abandonment of Use 46.23 Revocation 46.3 Additional Users of Roads 46.31 Additional Non-Federal Users 46.32 Additional Federal Users CHAPTER 50 - WILDERNESS RIGHTS-OF-WAY Contents 51 WILDERNESS ACT RIGHTS-OF-WAY 51.1 Form of Grant 52 CONSERVATION SYSTEM UNITS RIGHTS-OF-WAY CHAPTER 70 - RECORDS AND REPORTS Contents 71 RECORDS 71.1 Case Files 71.2 Status Records 72 REPORTS (Reserved)