5409.17,10 Page 1 of 16 FSH 5409.17 - RIGHTS-OF-WAY ACQUISITION HANDBOOK WO AMENDMENT 5409.17-91-1 EFFECTIVE 9/3/91 CHAPTER 10 - ACQUISITION PROCEDURES AND DOCUMENTS This handbook is intended for the use of field personnel to provide the guidance and direction needed to obtain legally and administratively acceptable rights-of-way needed to reach and utilize National Forest System lands. It also provides a ready reference to final answers to questions frequently encountered in negotiations with landowners who are frequently uninformed on Federal real estate acquisition law. 11 - FORMS OF EASEMENT CONVEYANCE. 11.1 - Easements for Roads To Be Constructed. Exhibit 01 shows the general form for easement for roads to be constructed. The example is for a conveyance by individual grantors. The naming of the grantor and signature block would be different for other grantors, such as corporations or partnerships (sec. 12.1). The Regional Attorney may redraft the form to conform to the requirements of the state or states where it is to be used. The easement deed should provide the ordinary warranty as specified by state law. Exhibit 01 conveys an unrestricted road easement. It does not contain any reservations, covenants, or conditions. The termination clause may be included or deleted (sec. 12.5). The United States would wholly own the road constructed on the easement, and such road would be subject to administration by the Forest Service under regulations of the Secretary of Agriculture. See section 12 for a discussion of each element of the easement form. That code also includes some suggested modifications and additional clauses that may be used when appropriate. 11.1 - Exhibit 01 RAW-LAND EASEMENT THIS EASEMENT, dated this day of , 19 , from of the County of , State of , hereinafter called "Grantors," to the United States of America, hereinafter called "Grantee." WITNESSETH: Grantors, for and in consideration of , received by Grantors, do hereby grant to Grantee and its assigns, an exclusive easement for a road over and across the following described lands in the County of , State of . (List of subdivisions or tracts crossed by the easement.) The said easement is in conformity with and located upon the ground according to the survey line, figures, measurements, widths, and other references shown on the plat hereto attached and made a part hereof. The acquiring agency is the Forest Service, Department of Agriculture. If the Regional Forester determines that the road, or any segment thereof, is no longer necessary, the easement traversed thereby shall terminate. Evidence for such termination shall be a statement in recordable form furnished by the appropriate Regional Forester to the Grantors or their successors or assigns in interest. The Grantor hereby covenants that it and its heirs, executors, administrators and assigns shall warrant and forever defend unto the Grantee, its successors and assigns the quiet and peaceable use and enjoyment of the herein granted easement against the lawful claims and demands of all persons whomsoever. This grant shall be binding upon the Grantor, its heirs, administrators, executors, and assigns, and shall run with and constitute a servitude upon the above described land. IN WITNESS WHEREOF, Grantors have hereunto subscribed their names on the day and year first above written. (Appropriate acknowledgment) 11.2 - Easements on Existing Roads. Exhibit 01 shows the general form for easements on existing roads. The example is for individual grantors. Changes necessary to accommodate the type of grantor or to conform to state laws may be made as indicated in section 11.1. The easement is intended to preserve to the grantors the right to continue to use the road on their property in order to minimize the damages to the property. The use is subject to the Secretary's regulations for traffic control, but does not require the grantor to bear a share of the road construction costs for that portion of the road crossing the grantor's land. 11.2 - Exhibit 01 EXISTING ROAD THIS EASEMENT, dated this day of , 19 , from of the County of , hereinafter called "Grantors," to the United States of America, hereinafter called "Grantee." WITNESSETH: Grantors, for and in consideration of , received by Grantors, do hereby grant to Grantee and its assigns an exclusive easement for and title to the existing road over and across the following described lands in the County of , State of . (List of subdivisions or tracts crossed by the easement.) The said easement is in conformity with and located upon the ground according to the survey line, figures, measurements, widths, and other references shown on the plat hereto attached and made a part hereof. The acquiring agency is the Forest Service, Department of Agriculture. The Grantors reserve to themselves and their successors in interest the right to use the existing road or any segment thereof, subject only to compliance with traffic-control regulations and rules as provided in 36 CFR 261.12 and subject to the bearing of road maintenance costs only, proportionate to use as provided in 36 CFR 212.7(d). If the Regional Forester determines that the road, or any segment thereof, is no longer necessary, the easement traversed thereby shall terminate. Evidence for such termination shall be a statement in recordable form furnished by the appropriate Regional Forester to the grantors or their successors or assigns in interest. The grantor hereby covenants that it, its heirs, executors, administrators, and assigns shall warrant and forever defend unto the grantee, its successors and assigns the quiet and peaceable use and enjoyment of the herein granted easement against the lawful claims and demands of all persons whomsoever. This grant shall be binding upon the grantor, its heirs, administrators, executors, and assigns, and shall run with and constitute a servitude upon the above described land. IN WITNESS WHEREOF, Grantors have hereunto subscribed their names on the day and year first above written. (Appropriate acknowledgment) 11.3 - Easements for Cooperatively Built Roads. Section 63 shows the form of easement the Government must obtain from the cooperator. That code includes instructions for use of the form and approved modifications to the form. An easement deed obtained by the Government from a third party, on which a road is to be built cooperatively, shall be in the general form specified. A subsequent conveyance from the United States conveys an interest in such easement to the cooperator in the form of a permit or easement (sec. 63). 11.4 - Easements Across Railroad Rights-of-Way. Railroad crossings for forest development roads require (1) permission from the state commission charged with administering the state law governing public railroad crossings, (2) sufficient ownership by the Government of an interest in the land on which the crossing is to be constructed, in order to meet requirements for spending public funds, and (3) arrangements with the railroad company for constructing and maintaining the crossing. Railroad crossings include underpasses and overpasses as well as grade crossings. The three requirements listed usually apply to all crossings. However, the kind of crossing has a considerable effect on the nature of the problem in connection with requirements (1) and (3). In some states, the state commission has no responsibilities or jurisdiction except for crossings at grade. Private road crossings may be used for temporary roads or roads that serve limited purposes and exclude public travel. Generally, the state commissions are not concerned with private road crossings, but this is not a universal practice. Some states have laws that require railroads to construct and maintain railroad crossings at their own expense. In others, crossing construction may be covered by franchise conditions or regulations of the state regulatory agency. If the railroad is located on an easement across Federal land, check the granting document for language that may require the railroad to construct and maintain road crossings. 11.41 - Permission From State Commission. Most states consider railroad crossings for forest development roads to be public road crossings. As such, they are subject to state law governing construction of public road railroad crossings. The responsibility for administration of the state law and the authority to regulate and authorize establishment of crossings generally rest with a state regulatory body, such as a public utilities commission or railroad commission. The state statutes vary, but in general, they are designed to: 1. Establish a state commission with power to administer the provisions of the statutes. 2. Require railroads to permit installation of necessary and desirable crossings. 3. Authorize the public commission to specify conditions of installation and signing to make the crossing safe for public use. 4. Authorize the commission to apportion the cost of installation between the railroad and the agency applying for the crossing. 11.42 - Railroad-Crossing Easement. The permission of the state commission to construct and use a railroad crossing does not constitute a conveyance of an interest in the land. Unless the United States owns the fee underlying the proposed crossing, it is necessary to obtain an easement from the owner of the land. The following situations may be encountered and require the indicated action: 1. The railroad company owns its right-of-way in fee. Obtain an easement from the railroad. 2. The railroad company has only an easement and a third party owns the underlying fee. Obtain from the third party an easement subject to the railroad easement. 3. The railroad company has only an easement and the United States owns the underlying fee. The United States need acquire no further interest, however, if the land is under the jurisdiction of another agency, that agency must secure an appropriate authorization. 11.43 - Arrangements for Construction. In addition to obtaining authorization from the state commission and an easement on which the crossing is to be constructed, make arrangements with the railroad company for constructing the crossing and for financing the cost. Generally, negotiate these arrangements before application for the crossing is made to the commission. They may be formalized in an agreement with the railroad company or they may be incorporated in the easement obtained from the railroad company when it owns the railroad right-of-way in fee. Agreement with the railroad company must cover the following elements: 1. The physical characteristics of the crossing-location, design, and specifications; and the safety facilities, such as signs and automatic signals or gates. 2. Agreement on how and when the railroad company is to construct the crossing and associated facilities. Railroad companies always insist on making the installation except for the road approaches. 3. Agreement on costs the Forest Service is to bear and how these are to be paid. If it is possible to reach agreement on these arrangements before going to the commission, the commission action is usually quite prompt and usually results in approval of the agreement. When it is not possible to reach agreement, some state commissions will resolve the disputed issues, often following a hearing at which both sides will be given the opportunity to present information for the commission to use in making its decision. The most common disagreement is over the safety features of the crossing. Be sure to have thorough knowledge of the commission's rules and requirements concerning safety features before contacting the railroad. 11.44 - Procedure. Each Region must study the problem for each of the states in the Region and develop procedures and instructions for handling railroad crossing cases. Take the following actions, as a minimum, for each state where the transportation plan shows railroad crossings are going to be necessary or already exist. 1. Ask the Regional Attorney to review the state law concerning railroad crossings and the regulations and practices of the state commission. 2. Establish contacts with the state commissions and the railroads. Discuss with them the procedures for railroad- crossing cases. 3. Inventory the railroad crossings on existing forest development roads for compliance with the requirements of this code. The road right-of-way status record should provide this information. Schedule action to bring existing crossings in compliance with this code. 4. Review the deeds or permits that granted the access for the railroad where it crossed Government-owned lands. They may contain provisions concerning future Government needs for road crossings. 5. Prepare and maintain in the Regional Office a file that contains the results of the work done according to items 1 through 4. 12 - PREPARATION AND CONTENTS OF EASEMENTS. References in this section apply to the sample form of easement deed in exhibit 01 in section 11.1, but the comments apply equally to corresponding clauses in other easement deeds in this handbook. 12.1 - Date and Grantor-Grantee Recitation. The date entered shall be the date of execution and must not be later than the date of earliest acknowledgment. The name of the grantor(s) must be identical to the name under which they hold record title as revealed by the preliminary title evidence. Show marital status of individual grantors in the manner required by state law. Always show the grantee as "the United States of America." 12.2 - Granting Clause. The clause in exhibit 01 of section 11.1 is in its simplest form and is suitable for most forest development roads. Occasionally, it is necessary to acquire additional interests, such as the timber on the right-of-way. It is necessary to specifically describe and convey such interest. When acquiring timber, see section 12.21 for instructions on wording of the grant. Do not specify or convey rights to do on the right-of-way those things that are properly a part of the planned road or that serve the purposes for which the road is constructed; for example, the right to plant grass or other vegetation to prevent erosion on cuts and fills or to make plantings to enhance the beauty of the roadside. However, when there are plans for fencing, set forth the rights to fence in the easement to avoid later claim of severance. The consideration recited must be the true consideration. 12.21 - Timber Clause. When there is commercial timber on the right-of-way, include a clause that specifies how to treat it. Although a clause is not needed technically or legally if the timber is to remain the property of the landowner, an appropriate clause should be included. See section 12.41 for appropriate wording for a timber reservation that will leave the ownership of the timber with the landowners. When the United States is to acquire timber on the right-of-way, the deed must specifically convey such timber. When the deed conveys an easement "and all timber thereon, including timber hereafter growing" there will be no question in the future as to ownership of the timber on the right-of-way. However, the Forest Service will have to administer and protect any timber which remains on the right-of-way as well as timber that later grows on the right-of-way. This may require permanent or recurrent marking of the right-of-way boundary or other measures to avoid loss of Government property. An alternative method is to acquire only the timber that needs to be cut or removed in construction of the road, and not take title to timber expected to remain after construction is completed, or future timber crops on the right-of-way. The timber to be conveyed must be marked or otherwise designated. Use the following wording to acquire ownership of only the timber to be removed during initial construction: "The title to all timber currently marked and designated for removal during road construction shall pass to the Grantee. The Grantee shall have the right to cut unmarked timber to the extent necessary for constructing, reconstructing, and maintaining the road. All unmarked timber so cut shall, unless otherwise agreed, be cut into logs or lengths specified by the timber owner and decked along the road for disposal by the timber owner." 12.3 - Naming Acquiring Agency. The Department of Justice requires that the easement deed contain a statement naming the acquiring agency. Always include this statement in all easements following the description of the right-of-way. 12.4 - Reservations and Covenants. Before considering the need for adding reservations or covenants to the easements described in section 11, it is necessary to understand the rights and obligations of the grantor and grantee created by the sample deed wording. In the absence of outstanding rights, acquisition of the easement in accordance with the samples carries with it the right to clear timber, crops, and improvements from the right-of- way to the extent necessary for construction of the road. Any material or timber removed remains the property of the grantor. The road may occupy the entire right-of-way or only a portion of it. The road may be widened during later reconstruction to occupy a greater portion of the right-of-way. Although the Government has only an easement over the land, it is the sole owner of the road it builds under the rights involved. The acquisition of the easement carries with it the obligation to ensure that the grantor or others do not use the right-of-way in a manner that interferes with its use by the Government for the purposes granted (sec. 12.2). The grantor may use the area within the right-of-way for purposes that do not interfere with its use for road purposes. The grantor has title to the timber on the right-of-way before and after it is cut. The same rule applies to crops, improvements, and so forth. The grantor may graze the unused portion of the right-of-way or grow agricultural crops or timber on it. The grantor may cross the road and the right-of-way with stock or equipment, may construct connections to the road so the grantor can cross or reach the road with vehicles, and use the road on the easement as long as the grantor's use does not interfere with safe use of the road or damage it. The grantor may also put improvements on the unused portion of the right-of-way as long as they do not interfere with the purposes for which the easement was granted. However, the grantor would have to move such improvements if the Government should need the area on which they are located to reconstruct or widen the road. Ensure that grantors understand this point and discourage any but the most temporary improvements inside the right-of-way limits. When the grantor places an improvement, such as a fence, inside the right-of-way, notify the grantor in writing that it will be necessary to move the fence, at the grantor's own expense, if it interferes with any subsequent widening of the road. The grantor may grant easements for other purposes over the unused portion of the right-of-way, such as for an electric transmission line or pipeline. Because the second easement would be subordinate to the road easement granted the United States, a public utility would have to move their line if the road was widened. The law in some states that authorizes public utilities to use state and county roads rights-of-way without securing the permission of the owner of the underlying land does not apply to Federally-owned rights-of-way. 12.41 - Timber Reservation. If the right-of-way includes merchantable timber of more than nominal value that the United States is not acquiring, the grantor often desires a specific reservation of the timber and provisions for its disposal. Provide for this with a reservation such as: The grantor reserves the right to all timber now or hereafter growing within the right-of-way subject to grantee's right to cut timber within the right-of-way to the extent necessary for constructing, reconstructing, and maintaining the road. Unless otherwise agreed to, timber so cut shall be cut into logs of standard lengths and decked along the road for disposal by the grantor. The Forest Service may make arrangements for purchase of the timber by the road contractor or a timber purchaser. Do not include such agreement in the easement deed. 12.42 - Right To Cross Right-of-Way. The grantor has the right to cross the right-of-way and road and make connections to the road without a specific reservation of this right in the conveyance. The grantor may insist that the conveyance state this right as a reservation. An acceptable reservation follows: The right to cross and recross the right-of-way and road by any reasonable means and for any purpose in such manner as does not interfere with Grantee's use of the road. In a few special cases, it may be necessary to restrict crossing or connections to one or a few places. A reservation of a right to cross or make connections only at specified locations has the effect of limiting the right the grantor would have under the sample easement deed in section 11. A reservation to fit the needs of the particular case must be drafted with the assistance of or approved by the Regional Attorney. 12.43 - Assurance to Grantor. Quite often, facilities the Government plans to build as part of the road project are important to the grantor. Do not include in the easement deed assurance that the Government will construct the facilities in question. Furnish written assurance in the form of a letter from the District Ranger or a copy of the road plans. If the grantor insists that the assurance be by a provision in easement conveyance, have the Regional Attorney draft the provision to fit the particular case to avoid creating a situation that might result in future challenges to the deed. 12.44 - No-Fencing Clause. In western range areas, a ranch owner may ask that the easement deed the ranch owner grants include a condition that the Government will not fence the right-of-way. When the Forest Service does not plan to fence the right-of-way, this condition may be included in the easement deed when requested. A suitable statement follows: This easement does not include the right for the Grantee to construct any fence along the road within the specified right-of-way. A later decision to fence the right-of-way would require acquisition of the additional interest. 12.45 - Provisions for Road Use by Grantor of a Raw-land Easement. When the Forest Service acquires a raw-land easement, place no provision in the conveyance that would ensure the grantor rights of use in the road to be constructed. The grantor has a common-law right to use the right-of-way and any road constructed on it as long as such use does not interfere with the use of the United States or its authorized users and does not place an additional maintenance burden on the Government or its users. The grantor may wish to secure a right to use without charge the road to be constructed under the easement authority for commercial hauling. To obtain this right the grantor must bear its proportionate share of the cost of the completed road. Ordinarily this sharing would be accomplished under the terms of a cooperative agreement and the grantor would obtain the desired right of use in the road it has agreed to help build (FSM 5467). In rare instances the value of the easement granted to the United States may constitute the grantor's estimated proportionate share of the completed road on the easement. If this is true and if the grantor is interested in a right to use the portion of road covered by the easement and is willing to contribute the easement, the grantor then has contributed its fair share of the road within the meaning of the regulations (36 CFR 212.11(b)(2)). In such a case wording substantially as follows may be used in the conveyance: The Grantor and Grantee specifically agree that the easement herein granted is in consideration for and represents the grantor's proportionate share of the road planned for construction thereon by the Grantee. They further agree that the grantor may use the road when constructed subject to compliance with traffic control regulations and rules as provided in 36 CFR 261.12. When such use is for commercial hauling, the grantor agrees to bear road maintenance costs proportionate to use as provided in 36 CFR 212.7(d). 12.5 - Termination Clause. Regional Foresters have the option of acquiring easement deeds with or without a termination clause. When the decision is to use a termination clause, it must conform to the wording in the sample documents in section 11. The easement or a segment thereof terminates when the Regional Forester determines that the road or a segment thereof is no longer necessary and furnishes a statement to this effect in recordable form to the owner of the servient estate. This clause provides the authority for terminating in whole or in part an easement that for any reason is no longer necessary, without reconveying to the grantor or disposing of the easement through surplus property procedures (sec. 41). The statement called for when recorded by the grantor effectively clears title to the land crossed of the encumbrance of the easement or easement segment covered by the statement. 12.6 - Warranty Clause. The Department of Justice has specified that land or interest in land should be acquired by a general warranty deed. The delegation of title approval authority to the Department of Agriculture also limits this authority to transactions using a general warranty deed. 13 - DEED EXECUTION, CERTIFICATION, AND RECORDING. 13.1 - Execution. 1. Date. Enter the date of execution. 2. Signatures. A signature for a corporation must be by the officer of the corporation authorized to make the conveyance. Generally, the secretary or acting secretary of the corporation must attest to the signature of the corporation officer executing the conveyance. Only the original should be signed. Type or print the names on copies. In some states, the grantor's signature must be witnessed by one or more persons. This may be in addition to or in lieu of acknowledgment before a notary. 3. Seal. If the state has a law requiring corporations that have a corporate seal to affix the seal to the easement deed, or if the deed mentions a seal, have the grantor affix a seal to ensure its legality. 4. Acknowledgment. The acknowledgment must be in the form required by the state in which the easement is located. When using a printed easement form, be sure to insert the correct words and strike out inappropriate words. Be sure the notary's seal is affixed and that it is legible. Refer questions on form of acknowledgment to the Regional Attorney. Prepare Regional instructions relating to acknowledgments with the Regional Attorney's help. Unless the negotiator has a notary's commission and can notarize signatures at the time the grantor's sign the easement, delays may be encountered that may result in failure to obtain the rights-of- way when needed. Negotiators should be notaries. 13.2 - Certification. Carefully check easement conveyances before execution to ensure that the description is correct and that the conveyance is correct in all respects. After execution and before transmittal of the conveyance to the Regional Office for preliminary title review and authorization to record, the individual authorized by the Regional Forester to review and approve easement deeds must sign and date a certification that the conveyance is "correct as to consideration, description and conditions." The term "conditions" includes all provisions, convenants, and reservations in the conveyance. When available, use a suitable stamp for this certification. Place the certification on the left margin of the first page of the easement proper, not on later pages or on the backing sheet. 13.3 - Recording. Record easements as soon as the Regional Attorney or other authorized reviewer has completed the review of the executed easement and preliminary title evidence. 14 - NEGOTIATIONS. Use care in all contacts with private landowners to ensure compliance with the Uniform Relocation Assistance and Land Acquisition Policies Act of 1970 (84 Stat. 1894) and the regulations in 7 CFR, Part 21. If in doubt about the propriety of an action, contact the Regional Attorney for advice. 14.1 - Preliminary Contacts. Keep landowners advised of projects that may affect them. Secure written permission to enter private land for surveying and appraisal purposes. Do not discuss compensation for the easement until after the appraisal is completed and the authorizing officer has established the estimated just compensation. Discussion of potential impacts on the property is appropriate, but limit the discussion to location alternatives and do not discuss estimates of costs or value losses. 14.2 - Description. Prepare a legally adequate description in accordance with FSM 7153. The plat should include information on the location of existing fences and structures that the road construction or operation will affect and the location of planned replacement facilities or structures that the Government will construct at Government expense. 14.3 - Initial Offer. Provide the negotiator with a letter signed by the authorized officer that includes: 1. A deed for the easement ready for signature by the owner or owners. 2. A statement of estimated just compensation based on an approved appraisal and that includes a statement of the appraised fair market value of the interest the United States is to acquire if the appraised value is less than the estimated just compensation. Do no offer less than the appraised value. The negotiator must be familiar with the location of the road on the ground and be able to correlate features on the ground with features on the plat. The negotiator must also have a thorough knowledge of the Secretary's regulations in 7 CFR, Part 21 and their effect, in any, on the landowner. Provide the negotiator with an understanding of the appraisal and the effect of title encumbrances on the value of the easement. The negotiator should also have knowledge of the alternative routes considered and be able to explain why they were not selected. Discuss with the landowner any defects or encumbrance on the landowner's title that affects title to the easement. Also discuss the required curative action. In some cases, the landowner must take certain actions or furnish certain information. Sometimes it is only necessary that the landowner know that it must be resolved by the landowner before the Government can make payment. Ensure that the landowner understands any special title problems related to taxes due or delinquent. Failure of the landowner to understand the tax status and its relation to title approval requirements can result in misunderstandings and delays in title approval. If an authorization to withhold a portion of the purchase price to ensure payment of taxes is necessary, obtain such authorization in writing at the time the landowner signs the deed. 14.4 - Offers and Counteroffers. Before making or accepting an offer or counteroffer higher than the initial estimate of just compensation, make an analysis to determine if such a decision is in the public interest. Include in the analysis a history of negotiations, basis for anticipated cost of condemnation, probable effect of condemnation on public relations, and probable effect of the higher approved price on the purchase of future easements in the affected area. Include the written analysis as a part of the case file. Use the term offers in settlement for any offers or counteroffers made by the Government. Avoid making visits or contacts over a long period of time to barter over price and conditions. Prolonged negotiations normally tend to complicate the action and create hostilities on both sides. Conduct negotiations in a businesslike manner for the best results. 14.5 - Fiscal, Legal, and Administrative Limitations and Guides. 14.51 - No Trading. Do not agree to landowners' demands or conditions that would require the United States to perform certain acts in connection with the facility, either on or off the right-of-way, that would be of value to the grantor but not primarily for the benefit of the United States. Occasionally, landowners attempt to condition the grant on the granting of a privilege or other favorable administrative action unrelated to the planned facility. Although this practice is common in agreements between private parties, do not authorize or sanction such arrangements. 14.52 - What United States May Do. The Forest Service may construct, replace, or repair facilities within the right-of-way to: 1. Protect, or provide for the safe use of the road, such as cattle-guards, fences, and so forth. 2. Maintain the usefulness of previously existing facilities, such as irrigation ditches, waterlines, culverts, siphons, bridges, pipelines, and fences. 3. Mitigate any damages to the landowner's property that otherwise would be included as a cost-to-cure item in the appraisal. 4. Construct facilities or structures in the right-of-way that are needed to prevent damage to property adjacent to the right-of-way. Examples are culverts under the road to eliminate impoundments or swamps created by fills across drainages, or to permit pipes or wires to pass under the road without the need to dig a ditch across the road at a later date. The facilities constructed under items 1, 3, and 4 above would be Government property; those under item 2 would remain the property of the landowner. When the Government project requires the construction of a private facility outside the right-of-way, such as a road, the Forest Service may construct the facility under a cooperative agreement with the landowner. Section 5 of the Granger-Thye Act grants authority for the cooperative arrangement. 14.53 - Consideration To Include All Compensation. Include a statement of the total consideration in the deed to the United States and an acknowledgement for receipt of the consideration. If the Regional Attorney has made a preliminary title review and authorized payment upon execution of the deed, payment may be delivered on execution of the deed, provided that the Forest Officer has determined that no additional encumbrances have been filed on the land. Otherwise, make actual payment after final title approval. 14.54 - Other Limitations. Do not accept deeds with provisions that are unrelated to the road or its use or with provisions that relate to National Forest management or to administrative functions now or in the future (36 CFR 212.11 (g)). Accept deeds only if they give the Government the right to regulate and control all traffic on the road, including that of the grantor. However, the nature of such regulation may be specified in the deed to the United States when the grantor has made a valid reservation of a right to use an existing road. Do not obtain deeds for floating easements. The deed must describe the location of the right-of-way across the grantor's property. For raw-land easements, this requires a description of the specific tract of land that is the right-of-way covered by the easement deed. The Forest Officer may execute a separate agreement with the grantor whereby the Forest Service agrees to aid in disposing of the timber to which the grantor retained title. 14.55 - Release of Grantor's Liability. Do not accept deeds with language which attempts to make the United States responsible for any liability due to use of the road by others. The United States cannot assume such responsibility, and no agent or employee of the United States shall commit the United States to such responsibility.