FSH 5409.13 - LAND ACQUISITION HANDBOOK WO AMENDMENT 5409.13-91-1 EFFECTIVE 9/3/91 12 - PURCHASE UNITS. Purchase units are established to: 1. Place purchase unit boundaries around individual tracts, existing National Forest System units, or similar routine functions. 2. Establish new National Forest acquisition areas that are not part of any existing National Forest System unit. The second type requires a major establishment report. For purchase units in the first situation, the Regional Forester determines whether the land is within the watershed of a navigable stream and is suitable for the regulation of the flow of navigable streams or timber production, and recommends establishment to the Chief. Submit the original and one copy of this statement and two copies of amap. The map must be 8-1/2 x 11 inches, legible, and clearly show the tract and proposed purchase unit boundary, the adjoining National Forest System land, and pertinent natural and cultural features of the area. Show the proposed purchase unit boundary in red, National Forest land in green, and privately owned lands in white. Include a north arrow, a legend, and the scale. Weeks Law acquisitions in the western National Forests and former land utilization project areas or other elements of the National Forest System not originally established under the Weeks Law authority may also require the establishment of purchase units. 13 - ADMINISTRATIVE SITES. 13.1 - Planning and Coordination. Program proposed administrative site acquisitions as capital investment projects in the land acquisition appropriation. Refer to the current program budget instructions for the latest guidelines. Only minor (less than $50,000) needs that cannot be deferred may be purchased with benefiting function moneys. Directions for administrative site planning are provided in FSM 7312 and FSH 7309.11, secs. 22-23. These directions cover Facility Master Planning; preliminary project (alternative) analysis, including location analysis; and the documents required for use in review and evaluation of proposed acquisition of specific sites. The GSA has authorized the Department of Agriculture to purchase administrative, nursery, and similar sites in relatively isolated locations with the understanding that (1) before the Department acquires sites in or near larger cities, the appropriate GSA regional office is consulted, and (2) all such purchases are reported to GSA, furnishing the exact location, size, and cost as soon as arrangements for purchase have been made. The Forest Supervisor shall submit the Preliminary Project Analysis Report with the recommendation to the Regional Forester. If the Regional Forester approves the proposal, forward those requiring the Secretary's approval to the Chief (sec. 13.2). In other approved cases, the Regional Forester may authorize the Forest Supervisor to proceed with the acquisition of the site. 13.2 - Secretary's Approval. The Assistant Secretary for Administration approves purchases, donations, or exchanges to acquire an administrative site when the estimated fair market value of the site (land only) is $25,000 or more, or the site contains a completed building having an estimated cost of $250,000 or more (AGPMR 104-18.5007). Other than an appraisal where needed, initiate no action with the landowner before the Assistant Secretary's approval. Approvals are applicable only to acquisitions that are not specifically identified in appropriation authorities. The Regional Forester's transmittal letter should transmit a copy of the Forest Supervisor's Preliminary Project Analysis Report pursuant to FSM 7310 and summarize the following nine items: 1. An appraisal of land value and improvements by a qualified appraiser. 2. The legal description of the property, a description of any improvements on the property, and an explanation as to how these improvements may contribute to the planned use. 3. The estimated cost of the property, including cost of appraisal. 4. The need for the acquisition. 5. The source of funds and the legal authority for the acquisition. 6. The relationship of the property to other facilities of the Forest Service in the: a. Immediate vicinity. b. State or general locality. c. Region (with respect to those organizations operating on a Regional basis). 7. A brief description of any real property owned or controlled in the immediate vicinity by other Federal agencies. Check with the nearest General Services Administration office for this information. 8. Future plans (Generalize): a. What will be built on the site? b. When will the construction be completed? c. What will be the total cost? d. Where will the development funds come from--special appropriation or regular? 9. Where the proposed acquisition is an addition to anexisting administrative site, briefly describe the existing site, including its size, improvements, value of total investment, population of the community, and other general information for the area. If the Forest Service is acquiring a completed building instead of constructing one which contributes $250,000 or more to the property value, include the appropriate engineering analyses discussed in FSM 7310 with the proposal. Ensure that the purchase proposal has been fully coordinated with the concerned resource staffs, Program Development and Budget, Engineering, and appropriate administrative staffs before it is transmitted to the Chief. The Chief shall notify the Regional Forester as soon as the Assistant Secretary has either approved or disapproved the proposal. 14 - RECORDS AND REPORTS. See FSM 5490 for additional instructions about land acquisition records. 14.1 - Case Processing Documentation. Maintain individual case card records at each Supervisor's Office and Regional Office. Use either Form FS-5400-9, Proposed Land Purchases, (digest sheet) reduced to card size with entries onthe reverse to summarize case processing steps, or Form FS-5400-7 Case Card- Purchase, and Donation Card Record. Maintain cards alphabetically by vendor's name within management units. Make appropriate entries timely on the card as the case progresses. Donation cases follow many of the same procedures as purchase cases. Maintain either a reduced digest sheet (form FS-5400-9) or the card record shown in exhibit 01. The Washington Office, Lands Staff, furnishes reduced copies of form FS-5400-9 after the Secretary approves Weeks Law and related acts cases. The Washington Office periodically distributes reduced copies for all other acquisitions. Since this reduced digest sheet is not available during the early stages of case processing, maintain a tabular record or case log until the cards are received. 14.1 - Exhibit 01 Card Record Donor Under Act of Ad- dress Action Date Land Offered State For- est Examined County Approved by Descrip- tion Forest Supervisor Chief (Where required) Area acres General Counsel Approximate value (Estimated) So- il Timber MBF) ( Acceptance By Regional Other( ) Forester Letter to Total donor value Records Status records posted Forest Supervisor notified Reservations & Outstanding Rights 14.2 - Document and Processing Summary Chart. Exhibit 01 summarizes the documents and steps required to process a land purchase case. Some steps may be carried out at other levels or in a different sequence because of organizational differences. This summary assumes that funds are available, and the acquisition is a willing-seller purchase and is consistent with land management plans and required environmental assessments. See FSM 5480 for condemnation policy. 14.2 - Exhibit 01 Land Purchase Documents and Processing Summary Chart Step 1. Obtain permission from X owner to enter property for survey and appraisal work. Advise owner that owner's representative may accompany the appraiser. 2. Obtain sufficient X description to appraise property and other title evidence. 3. Obtain title evidence. X 4. Obtain mineral X determination when needed. 5. Request preliminary X opinion to send title file to Regional Attorney for review with copy to Regional Forester. Includes preliminary title binder, Form FS-5400-37, Certificate of Possession, description, statement on acquisition authority and funds to be used, and any other data that may be helpful to attorney in preparing opinion and deeds. 14.2 - Exhibit 01--Continued Step 6. Determine interests to be X acquired (FSM 5420.3). 7. Advise Supervisor of X title defects that must be removed. This can be done while steps 9-14 are being accomplished. 8. Appraise property - staff X or contract. 9. Submit appraisal for X agency approval. 10. Appraisal approved. Approving level depends on delegated authority (FSM 5404.) 11. Negotiate purchase at approved estimated just compensation, giving vendor a brief written statement on how value was determined and advising vendor of rights under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Displacement notice may be given at this time. 14.2 - Exhibit 01--Continued Step 12. Obtain Option From X Vendor. 13. Review case material X and option and submit to Regional Forester. This should include: A. Justification report (separate from appraisal report.) 1. Title page - complete designation of case - recommendations and approval of Forest Supervisor or acting. 2. Authority and funds to be used. 3. Narrative statement clearly stating the public benefits to be derived. Purchases under Weeks Law authority should clearly show the watershed and/or timber benefits. Purchases using Land and Water Conservation Fund Act (L&WCF) money should show the overall nature of the property factors contributing to public recreational benefits. Include administrative benefits and other factors. 13. B. Other Documents. X 1. Original and one copy of the option, with authority of the vendor when needed. 2. Reprogramming proposals for L&WCF cases in accordance with current instructions (if needed). 3. Copies of advice letters to the counties, congressional delegation, and protests and approvals if any. Where a current continuing consent has been granted, submit a copy of the consent letter. 4. Evidence of compliance with any enabling legislation requirements. 5. Maps - Submit one copy of map showing tract in relation to other National Forest System lands, usually ½" = 1 mile scale. 6. Statement of probable P.L. 91-646 benefits. 7. Other relevant material. 13. C. Copies of the approval appraisal review. Cases requiring reprograming of funds or oversight by the appropriation subcommittees must also include two copies of the appraisal. 14. Review, assemble, and send the following package to the Chief's Office. a. Original, second copy, and one machine copy of option. b. Reprograming request documents, when needed. c. One copy of advice to counties, congressional delegation, and county approvals or protests. Evidence of compliance with enabling legislation, if needed. d. Copy of map showing property in relation to other National Forest System lands. (½" = 1 mile). e. Original of form 5400-9. 14.f. Request for purchase X unit establishment with maps, if needed. g. Two extra copies of the appraisal if reprograming or Appropriation Subcommittee approval is required. h. Copy of the appraisal review. i. Letter signed by Regional Forester or acting recommending action to be taken in the case or cases. 15. Review case and accept X options where funds are available and Secretary's review and/or congressional oversight is not required. Send original and copy of accepted option to Region. 16. Submit reprograming X actions. 17. Submit Weeks and X related acts cases $25,000 and over for Secretary's approval and congressional oversight. 18. Submit acquisitions X over $250,000 to the House Subcommittee on Forests for 30-day oversight. 19. Submit L&WCF composite X and inholding acquisitions exceeding $150,000 for approval to the appropriations subcommittees. 20. After approvals and X oversight, accept option and send original and copy to Region. 21. Send three sets of X approved program submisions to Regions. 22. Send notices of X approval and accepted option to Forest Supervisor and landowner. 23. Send two copies of X accepted option and copy of P.L. 91-646, Certificate of Compliance to Regional Attorney. 24. Prepare deeds and send X to Forest Supervisor to have executed. 25. Check deed and have X deed executed and recorded. 26. Order final title X policy or certificate. 27. Notify county to remove X land from tax rolls. 28. Prepare supplemental X certificate, form 5400-38. 29. Return title package to X Regional Attorney with copy to Regional Forester. 30. Prepare payment X voucher, form 1034. 31. Send final title X opinion to Forest Supervisor and copy to Regional Forester. 32. Check deed, option and X title opinion to be sure papers are correct. 33. Release voucher for X payment subject to General Counsel's instructions. 34. Prepare title file for X microfilming and submission to Federal Record Center. 35. Post status records and X X X case records. 36. Send certification of X case closing to Chief. 37. After taxes paid, X release money withheld.