5409.17,60-61 Page 1 of 24 FOREST SERVICE HANDBOOK WASHINGTON FSH 5409.17 - RIGHTS-OF-WAY ACQUISITION HANDBOOK Amendment No. 5409.17-94-2 Effective September 12, 1994 POSTING NOTICE. Amendments are numbered consecutively by Handbook number and calendar year. Post by document name. Remove entire document and replace with this amendment. Retain this transmittal as the first page of this document. The last amendment to this Handbook was Amendment 5409.17-94-1 to 5409.17,60 Contents. This amendment supersedes Amendment 5409.17-91-1 to FSH 5409.17,61. Superseded New Document Name (Number of Pages) 5409.17,61 20 - 5409.17,60-61 - 24 Digest: 60.5 - Adds new code for "Definitions." 61 - Changes the caption to Standard Agreement (formerly, Standard Form Agreement) and revises and clarifies direction; lists authority in paragraph 1 of the agreement format in exhibit 01; amends sections 9, 11, and 12 of the agreement; adds a new section 16, Change in Ownership, to the agreement; and renumbers the remaining sections. JACK WARD THOMAS Chief FSH 5409.17 - RIGHTS-OF-WAY ACQUISITION HANDBOOK WO AMENDMENT 5409.17-94-2 EFFECTIVE 9/12/94 CHAPTER 60 - ROAD RIGHT-OF-WAY CONSTRUCTION AND USE AGREEMENTS 60.5 - Definitions. Administrative Traffic. Traffic generated by the landowner for the protection, management, and development of land and resources. This includes traffic for brush disposal, timber- stand improvement, timber sale layout, and engineering, as well as traffic generated by sale administrators, road inspectors, fire patrols, and other resource management activities, but does not include associated logging traffic such as fallers, machine operators, and so on. Agreement. Common term for the Road Right-of-Way Construction and Use Agreement (FSH 5409.17, ch. 60) containing the general requirements for an agreement area. Agreement Area. An area designated in exhibit A of the agreement, where the involved parties cooperatively develop, use, and maintain a road system that best serves their mutual needs. Anticipated Use. The expected traffic use on a road over the next 20 years. Associated Traffic. Vehicle use in support of the removal of forest products such as fallers, machine operators, crews, and so on. Balance Sheet. A listing by agreement area of the obligations, payments, and offsetting (see definition for offsetting) of excess costs for each supplement. Collection Right. The right of the constructing party to recover excess costs incurred on behalf of the cooperating party. Construction Cost. The cost of constructing or reconstructing a road or structure. Contribution Value. The difference between the current cost of constructing a new road to standard and the current cost of reconstructing an existing road to the same standard. Cooperator. A signatory party to a road right-of-way construction and use agreement or a forest landowner who has or will grant easements to the United States in the same Region, share in the cost of the road, and use the road for the harvest of timber. Cost Share. Common term for cooperative road construction and use; the process of cooperating in the joint construction, use, and maintenance of a road or road system. Design Elements. The physical characteristics of a road such as width, shoulders, slopes, curve widening, and pavement structures. Design Standards. Specific lengths, widths, and depths of individual design elements such as a 12-foot width, 2-foot shoulders, 3/4:1 cut slopes, 3-foot curve widening, and 6 inches of crushed aggregate. Engineering Cost. The cost of engineering a road or structure including survey, design, testing, and inspection. Engineering Cost Estimate. An estimate of the total construction cost of a road or structure by an engineer using cost data collected for similar work. Excess Cost. The cost that a cooperator incurs in a particular supplement that exceeds its share of the facilities involved. Existing Road Value. The current cost of replacing a road with one of equal use, less a deduction for depreciation of structures, road surface, and so forth. See replacement cost. FLPMA. The acronym for the Federal Land Policy and Management Act of October 21, 1976 (90 Stat. 2743; 43 U.S.C. 1715). Forested Land. Land at least 10 percent occupied by forest trees of any size or formerly having had such tree cover and not currently developed for non-forest use. FRTA. The acronym for the Forest Road and Trail Act of October 13, 1964 (78 Stat. 1089; 16 U.S.C. 533). Maintenance. Activities to sustain roads to the last constructed or reconstructed standard. Off-highway Loads. Vehicles that exceed the maximum weight, length, height, or width limitations permitted on State or county road systems. Offsetting. Process in which one party does construction or reconstruction on a road in excess of its share to compensate for construction or reconstruction done by another party in excess of its share. Public Road. Any road under the jurisdiction of a public road authority such as a city, county, or State. Reconstruction. Construction activity that changes the traffic-service level of a road or improves its safety or operating efficiency. Replacement Cost. The current cost of constructing an equivalent road with depreciation deductions. See existing road value. Restoration. Work necessary to rebuild a road to its previously approved traffic-service level due to damage caused by unusual natural events such as floods. Road Abandonment. Closing the road to traffic and returning the area to resource production. No future use of the land as a road is envisioned; easements are terminated; and the road is removed from the transportation system. Road Standard. The road as described and documented in the road plans, drawings, and specifications included in the most recent applicable supplement to the Road Right-of-Way Construction and Use Agreement. This description is expressed in measurements, items, and details included in the plans and specifications. Road Storage. The process/action of closing a road to vehicle traffic and placing it in a condition that requires minimum maintenance to protect the environment and preserve the facility for future use. Subdivision. Any division, platting, or splitting of land with the purpose of increasing residential density for either full-time or part-time residents. Supplement Area. That part of the agreement area within which a cost share project occurs. Third Party. Landowner other than the Government or a cooperating party. Tributary Area. The land area eligible for roading and/or timber removal within a boundary determined by transportation analysis using break-even points for timber haul routes for normal logging systems and practicable helicopter logging. The tributary area may extend beyond the agreement boundary. 61 - STANDARD AGREEMENT. (FSM 5467). Before entering into a Road Right-of-Way Construction and Use Agreement, ensure that discussions and investigations with potential cooperators take place on such key topics as the general area to be developed, tentative transportation routes, land management objectives, landownership, and timber availability. The criteria for cost sharing under an agreement are in FSM 5467.2. Agreements may be developed to cover simple or complex situations. A simple case may cover a small drainage with a checkerboard ownership pattern and a single cooperator. Complex cases may involve large drainages with several owners, some of whom might be unwilling, unable, or not ready to cooperate. Ownership patterns, land topography, equipment capabilities, hauling requirements, public use, and traffic regulation are factors that may add to the complexity of cases. Complex cases that are difficult to negotiate may indicate a need to divide the larger planning area into smaller road right-of-way construction and use agreement areas. The agreement consists of three parts: 1. Preamble; 2. Body, containing 19 numbered sections; and 3. Eight exhibits, including a map of the agreement area showing all landownership (labeled Exhibit A) and samples of the various permits and easements to be exchanged. Exhibit 01 is the standard agreement format. Exhibits 01a, 01b, 01c, and 01d are exhibits B, C, E, and G of the standard agreement. The agreement's exhibits D, F, and H are found in FSH 2709.12, sections 31, 32, and 41.24. All agreements must be in the same format as the standard agreement (ex. 01). Any proposed changes in language or format, not provided by Manual or Handbook instructions, must be approved by the Chief. 61 - Exhibit 01 Standard Agreement ROAD RIGHT-OF-WAY CONSTRUCTION AND USE AGREEMENT THIS AGREEMENT is entered into this day of 19 , by and between , hereinafter referred to as Cooperator, and the United States of America, in accordance with the Act of October 13, 1964 (78 Stat. 1089; 16 U.S.C. 532-538), by and through the Regional Forester, Forest Service, Department of Agriculture, hereinafter referred to as Government. WHEREAS, there is an area within and adjacent to the National Forest and situate in the County(ies) of , State of _____________________ hereinafter called the Agreement Area, and to be known as the Agreement Area, within the boundaries of which, as shown on the map marked Exhibit A attached hereto and made a part hereof, the parties have need for establishing access roads to their intermingled land ownerships for managing, protecting, and utilizing resources therefrom; and WHEREAS, Government and Cooperator desire to join in developing and maintaining such roads serving their ownerships and to share costs thereof; NOW THEREFORE, in consideration of the mutual benefits to be derived, the parties agree as hereinafter set forth. Section 1 - Agreement Supplement Prerequisite to Joint Financing of Roads In order for roads which are constructed hereafter or which are already constructed within the Agreement Area to be jointly financed, there must be mutual agreement, prior to construction or prior to use by the other party of roads already constructed by one party, on each of the elements set forth in Section 2 hereof, which agreement will be expressed in a consecutively numbered supplement substantially in the form of Exhibit B attached hereto. Section 2 - Necessary Elements of Agreement Supplement The elements to be agreed upon for a road to be jointly financed are: a. Identification by name or number of road or roads to be included, along with a map or plat showing as accurately as necessary for the road involved its location and length, all in accordance with procedures prescribed in Section 3 hereof. b. Plans and specifications for roads to be constructed, or reconstructed. 61 - Exhibit 01--Continued c. Scheduling of construction or reconstruction, if any, and designation of party to perform such construction or reconstruction. d. Estimated costs of construction or reconstruction based on engineering appraisals, both for roads built and to be built, but subject always to the limitation expressed in Section 4 hereof; if the project is to be accomplished by contract, the costs may be determined on the basis of the lowest acceptable bid. e. Proportion of estimated costs to be borne by each party determined by application of the principles stated in Section 5 hereof. f. Provision for each party's meeting its share of the cost, based upon methods provided in Section 6 hereof. Section 3 - Road Construction Plans When either party is considering the construction of a road within the Agreement Area, it will give notice in writing to the other party accompanied by a map showing the approximate location of the proposed road. Within no more than thirty (30) days after receiving such notice, the other party will inform the initiating party whether it is interested in having the road constructed as a jointly financed road. If the road is not to be a jointly financed road, the initiating party may proceed as provided in Section 13 hereof. If the road is to be jointly financed, the initiating party will tentatively locate the road or cause it to be located and plainly marked on the ground. When a location has been so marked, notification in writing will be given to the other party. Promptly thereafter, the route will be jointly inspected and agreed upon and arrangements made for submission by the initiating party to the other party of such surveys, plans, and construction details as the parties agree are necessary. Agreement on location shall not be unreasonably withheld nor conditioned by the other party upon either a relocation or incorporation of features which add substantially to construction costs without a substantial and demonstrable benefit being preserved or created in return. Final approval of surveys, construction plans, right-of-way description and estimated construction costs shall be made in writing by the other party promptly after such submission, or if approval is withheld for reasonable cause, the parties shall attempt to achieve agreement. Once the plans and estimated construction costs are agreed upon, the basis for cost sharing, if not previously agreed to, and the method of paying shared costs shall be negotiated and the agreement supplement referred to in Section 1 shall be executed. 61 - Exhibit 01--Continued Section 4 - Limitation on Cost Sharing for Roads A party's right to participate in joint financing of a road within the Agreement Area and to enjoy the benefits of this agreement with respect thereto shall not be conditioned upon assumption of any more than that party's proportionate share of the estimated costs for constructing roads needed to serve the anticipated uses in the area tributary to the roads. Section 5 - Basis for Cost Sharing For all roads to be jointly financed within the Agreement Area the basis for sharing will be determined in each supplement by application of the following principles: a. Anticipated use of the roads by the public for noncommercial purposes and for public service traffic will be allocated to Government. b. Anticipated use of the roads for commercial purposes will be allocated to the parties in proportion to the resources expected to generate such use which are owned or controlled by each party; provided, that commercial use attributable to nonparticipating parties will be allocated to Government unless otherwise agreed. c. Anticipated use of the roads by each party for protection and administration; provided, that use for protection and administration attributable to nonparticipating parties will be allocated to Government. d. Anticipated use of the roads attributable to use and operation of commercial recreation activities will be allocated to the parties in accordance with the principle in item b. Section 6 - Methods of Sharing Costs The share of estimated construction costs to be borne by each party for each jointly financed road under this Agreement, whether the road is already constructed or is to be constructed, may be amortized by any one or a combination of the following methods: a. By a party's performing or having performed construction or reconstruction on the jointly financed road to the extent of its share. b. By a party's performing or having performed construction or reconstruction on another jointly financed road within an agreement area in excess of its share for that other road. 61 - Exhibit 01--Continued c. By a party's depositing funds with the constructing party either at the outset or as construction or reconstruction progresses or upon completion of construction, as the parties agree. d. By haulers paying, at rates mutually agreed upon, as timber or other products from Government lands are transported over the roads constructed or reconstructed by Cooperator. Such payments shall be collected by Government and paid to Cooperator. e. By Cooperator paying, at rates mutually agreed upon, as timber or other products from Cooperator's lands are transported over the roads constructed or reconstructed by Government. Section 7 - Right-of-Way Conveyances As soon as the roads are located and the agreement supplement has been executed as above provided, each party will grant easements to the other for such roads and concomitant rights-of- way across lands or interests in lands each may own. Easements will be in substantially the form attached hereto as Exhibits _________ and __________. Either party will issue when requested a permit in lieu of an easement. Section 8 - Road Construction, Inspection, and Acceptance The parties agree that written acceptance of road work by both parties is essential to the accomplishment of the cooperative objective. Each party will keep the other informed of construction progress, and the other will make periodic inspection as it deems necessary and will currently raise in writing any objections to the work performed. Right-of-way timber shall be disposed of as provided in the easements or permits unless otherwise agreed: Ten days prior to the expected completion of any construction, the constructing party will give written notice as to the completion date of a project, and the other party will, within thirty days after receipt of the notice, make a final inspection and give written notice of rejection or acceptance of the project. If weather or other conditions prevent inspection within said thirty-day period, the time during which such conditions prevail will be excluded in determining the thirty-day period. Rejection may only be based upon failure to comply with the stated plans and specifications. A rejection notice will identify the items of work to complete the project in accordance with the stated plans and specifications. Acceptance shall not be unreasonably withheld. In case of rejection, the items of work identified in the notice will be promptly done; thereupon the road shall be deemed accepted. 61 - Exhibit 01--Continued Section 9 - Maintenance Maintenance shall be performed on jointly financed roads in accordance with the easements or permits granted in accordance with Section 7 herein, pursuant to a road maintenance agreement separately entered into and in accordance with the annual maintenance plan made at the annual meeting as provided for in Section 12 hereof. Use by a party's licensee will be the maintenance responsibility of that party. Maintenance shall be performed so as to preserve the road to standards of original construction or reconstruction. Section 10 - Additional Capital Expenditures If exhaustion or severe damage or destruction occurs to any portion of a road jointly financed under this agreement, or if it is mutually agreed reconstruction or betterment or a road is needed, the parties will endeavor to agree upon: (1) the work to be performed, and (2) the share of cost to be borne by each. Agreement shall be expressed in a supplement substantially in the form of exhibit B. It is intended that the share of the cost to be borne by each party shall be determined by application of the principles stated in section 5. Except that, restoration work needed within 5 years of the construction or reconstruction of a road shall be shared using the shares in the supplement by which the work was agreed upon. Payment of shares shall be by any one or a combination of the methods stated in section 6. Section 11 - Annual Accounting A mutual accounting by the parties to this agreement shall be made as of each December 31. The accounting will determine the debits and credits accrued on a commitment and earned basis by each party in the year just completed with respect to their obligations under this agreement for new construction, reconstruction, and restoration involving capital expenditures. Any failure by either party to meet its commitments in any supplement in a timely fashion should be identified and remedial action taken to reduce delays in meeting commitments. The accounting will also determine the debits and credits accrued by each party during the year just completed with respect to their agreed maintenance obligations for roads in the Agreement Area and will achieve a net balance for the year between the parties with respect to maintenance matters. In those areas where deposits are not being made for the cost of deferred maintenance, the shares incurred by the parties will be agreed to and documented in writing. 61 - Exhibit 01--Continued Section 12 - Annual Meeting On or before the day of of each year, the parties shall meet to apprise each other of their logging and use plans and of anticipated road construction or reconstruction needs for the coming year toward the objective of efficiently developing the agreement area. Each party will make available for examination or provide a long term plan, covering the next 4 or more years to the other party or parties to the agreement. The plan shall be in accordance with the jointly developed long-term transportation plan for the area and include anticipated sales areas, road construction or reconstruction, seasons and volume of haul, and any other information that will affect the joint development and use of the road system in the agreement area. At such annual meeting, the parties will also agree on and document in writing the annual maintenance plan for the coming season. The annual maintenance plan will use the Road Maintenance Agreement as a reference, and include the following information: a. The anticipated volume of traffic, the type of vehicle use (such as load height, weight, and width), the conditions of use, provisions for preventing or repairing major damage caused by use, the work to be performed, and estimated cost of doing it. b. The method of measuring total use and the means of apportioning such total use to each party in order to comply with the easements or permits covering jointly financed roads within the agreement area. c. Designation of the maintainer and roads, road segments, and classes of work for which the maintainer is responsible. d. How the planned program is to be financed. The annual maintenance plan shall also include provisions for maintenance on roads in storage and, when appropriate, deferred maintenance work to be performed. Section 13 - Roads Not Jointly Financed When a party desiring to construct a particular road or road segment is informed by the other party that it has no need for the road and will not share construction costs, the initiating party may proceed alone. It will prepare maps showing the proposed location of the road or road segment on the land of the other party and will furnish such maps to the other party along with construction specifications and a description of the proposed location. The other party will promptly issue a permanent easement in the appropriate form attached hereto 61 - Exhibit 01--Continued marked Exhibits and for a road considered permanent by the initiating party, or will issue a permit in the form attached hereto marked Exhibits _______ and _______ for a road considered temporary by the initiating party. The other party may refuse to issue the easement or permit for the proposed location only if the proposed location would unreasonably conflict with existing or planned facilities or improvements, or would conflict with existing or planned facilities or improvements, or would unduly interfere with logging of the said party's timber, or if the proposed construction specifications are not adequate to prevent undue damage to adjacent resources or values. In the case of a refusal for such reasons, the parties will endeavor to agree upon a reasonable and practicable alternative route or change in specifications. Section 14 - No Rights of Use Without Cost Sharing Except as provided in the easement, permit, or other title document a party who has not shared in costs of constructing a road or a road segment on lands of either party within the Agreement Area, in accordance with Section 4 and Section 5 herein, shall make no use of the road or road segment until it pays or makes arrangements acceptable to the other party to pay its share in accordance with Section 6. A party shall at all times have the right to acquire rights of use in a road or road segment within the Agreement Area in accordance with the principles for sharing costs stated in Section 5 and by one or more of the methods of payment prescribed in Section 6. Section 15 - Rights of Entry Upon Land of Other Party Either party, upon giving notice in writing to the other party, shall have the right to go and be upon the lands of the other party within the Agreement Area to the extent necessary for purposes related to or connected with this agreement. Section 16 - Change in Ownership When a transfer of ownership of a party's lands within the Agreement Area occurs, the parties shall update all records for the affected roads and determine the outstanding obligations. All outstanding obligations as of the date of conveyance attributable to such lands are to be satisfied by payment or other provisions between the parties hereto. Section 17 - Termination This agreement may be terminated by either party upon at least ninety (90) days prior written notice, except that such termination shall in no way affect any permit, right-of-way grant, or easement deed that may have been executed by either party hereto prior to such notice, or any other operations dependent upon its 61 - Exhibit 01--Continued continuance, which are in progress at time of notice; provided, that such termination shall in no way affect the agreement of the parties hereto with respect to any obligations incurred under this agreement until a full settlement has been made. Section 18 - Federal Requirements No resident commissioner nor member of or delegate to Congress shall be admitted to any share or part of this agreement or to any benefits that may arise therefrom unless this agreement is made with a corporation for its general benefit. Where applicable any contract, agreement, or understanding entered into pursuant to this agreement providing for work to be performed shall include the requirements of Federal laws, Executive Orders, and regulations except that no present or future administrative rules or regulations shall reduce the rights herein. Section 19 - Notices and Payments Until notice is given by either party to change the address for delivery of notices and payments, all notices and payments to Cooperator shall be delivered to _________ ___________ and all notices to Government shall be delivered to Supervisor, National Forest, and all payments to Government shall be delivered to the Collection Officer at the same address. IN WITNESS WHEREOF, the parties hereto have caused this Road Right-of-Way Construction and Use Agreement to be properly executed by their authorized representatives on the day and year first above written. UNITED STATES OF AMERICA (Cooperator) By Regional Forester Title Forest Service Department of Agriculture 61 - Exhibit 01a (NOTE: This Exhibit becomes an attachment to the standard agreement as Exhibit B.) EXHIBIT B SUPPLEMENT NO. TO ROAD RIGHT OF WAY CONSTRUCTION AND USE AGREEMENT WHEREAS hereinafter referred to as "Cooperator", and the UNITED STATES OF AMERICA, by and through the Regional Forester, Forest Service, Department of Agriculture, hereinafter referred to as "Government", on the day of , 19 , entered into a Road Right of Way Construction and Use Agreement, hereinafter referred to as "Agreement", providing for construction and use of roads within the agreement area within and adjacent to the National Forest in _________________ County, State of , and WHEREAS, said Agreement provides that a supplement thereto will be executed to cover any jointly financed roads, and WHEREAS, the parties have now determined that the roads hereinafter described are to be jointly financed roads, NOW, THEREFORE, in accordance with the provisions of said Agreement, the parties agree as follows: 1. Identification of Road(s) The road(s) to be jointly financed (is) (are) as follows: 2. Plans and Specifications 3. Construction Program and Agreed Costs a. Construction Program b. Cost estimates 4. Basis of Cost Sharing The parties agree that the share of the cost of construction or reconstruction to be borne by each party (is set forth below) (is set out in Schedule attached hereto). 61 - Exhibit 01a--Continued 5. Method of Payment 6. Continued Effectiveness of Agreement Except as otherwise specifically agreed herein, all terms, provisions and agreements of the aforesaid Agreement shall be and continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Supplement to be properly executed by their authorized representatives on this ________ day of , 19 . UNITED STATES OF AMERICA (Cooperator) By Title Regional Forester Forest Service Department of Agriculture 61 - Exhibit 01b (NOTE: This exhibit becomes an attachment to the standard agreement as Exhibit C.) EXHIBIT C From the Cooperator to the United States EASEMENT THIS EASEMENT, dated this day of , 19 , from ___________________________ a of the State of hereinafter called "Grantor," to the United States of America, hereinafter called "Grantee," WITNESSETH: Grantor, for and in consideration of received by Grantor, does hereby grant to Grantee and its assigns, subject to existing easements and valid rights, a perpetual easement for a road along and across a strip of land, hereinafter defined as the "premises," (over and across the following described lands in the County of , State of __________ :) 1/ (Over and across the lands in the County of , State of ____________, as described on Exhibit A attached hereto).1/ The word "premises" when used herein means said strip of land, whether or not there is an existing road located thereon. Except where it is defined more specifically, the word "road" shall mean roads now existing or hereafter constructed on the premises or any segment of such roads. (The location of said premises is shown 1/ (approximately)1/ on Exhibit attached hereto.) 1/ (Said premises are more specifically described by a centerline description contained in Exhibit attached hereto.)1/ 1/Strike out if not applicable. 61 - Exhibit 01b--Continued Said premises shall be on each side of the centerline with such additional width as required for accommodation and protection of cuts and fills. If the road is located substantially as described herein, the centerline of said road as constructed is hereby deemed accepted by Grantor and Grantee as the true centerline of the premises granted. If any subsequent survey of the road shows that any portion of the road, although located substantially as described, crosses lands of the Grantor not described herein, the easement shall be amended to include the additional lands traversed; if any lands described herein are not traversed by the road as constructed, the easement traversing the same shall be terminated in the manner hereinafter provided. The acquiring Agency is the Forest Service, Department of Agriculture. This grant is made subject to the following terms, provisions, and conditions applicable to Grantee, its permittees, contractors, and assigns: A. Except as hereinafter limited, Grantee shall have the right to use the road on the premises without cost for all purposes deemed necessary or desirable by Grantee in connection with the protection, administration, management, and utilization of Grantee's lands or resources, now or hereafter owned or controlled, subject to such traffic-control regulations and rules as Grantee may reasonably impose upon or require of other users of the road. Grantee shall have the right to construct, reconstruct, and maintain roads within the premises. Grantee alone may extend rights and privileges for use of the premises to other Government Departments and Agencies, States, and local subdivisions thereof, and to other users including members of the public except users of lands or resources owned or controlled by Grantor or its successors: Provided, That such additional use also shall be controlled by Grantee so it will not unreasonably interfere with use of the road by Grantor or cause the Grantor to bear a share of the cost of maintenance greater than Grantor's use bears to all use of the road. B. Grantee shall have the right to cut timber upon the premises to the extent necessary for constructing, reconstructing, and maintaining the road. Timber so cut shall, unless otherwise agreed to, be cut into logs of lengths specified by the timber owner and and decked along the road for disposal by the owner of such timber. C. Grantor shall have the right to charge and to enforce collections from purchasers of timber or other materials when removed from Grantee's lands over the road at such rate per unit of material hauled, or at such higher rate as may be approved by the Regional Forester, as set forth in Road Right-of-Way Construction and Use Agreement dated , until such time as the amounts paid by such means or by credits received from Grantee shall total the amount set forth in said agreement. Timber or other materials hauled by Grantor from lands of the Grantee shall be regarded as though hauled by someone else. 61 - Exhibit 01b -- Continued D. The costs of road maintenance shall be allocated on the basis of respective uses of the road. During the periods when either party uses the road or Grantee permits use of the road by others for hauling of timber or other materials, the party so using or permitting such use will perform or cause to be performed, or contribute or cause to be contributed that share of maintenance occasioned by such use of the road. On any road maintained by Grantor, Grantor shall have the right to charge purchasers of National Forest timber and other commercial haulers, or to recover from available deposits held by Grantee for such purchasers or haulers, reasonable maintenance charges based on the ratio that said hauling bears to the total hauling on such road. Grantee shall prohibit noncommercial use unless provision is made by Grantee or by the noncommercial users to bear proportionate maintenance costs. This easement is granted subject to the following reservations by Grantor, for itself, its permittees, contractors, assigns, and successors in interest: 1. The right to use the road for all purposes deemed necessary or desirable by Grantor in connection with the protection, administration, management, and utilization of Grantor's lands or resources, now or hereafter owned or controlled, subject to the limitations herein contained, and subject to such traffic-control regulations and rules as Grantee may reasonably impose upon or require of other users of the road without reducing the rights hereby reserved: Provided, however, That any timber or other materials hauled by the Grantor from lands now owned by third parties in the agreement area as shown on exhibit attached hereto shall be treated as though hauled by someone else and: Provided further, That the right to use the road for the purpose of operating and moving specialized logging vehicles and other equipment shall not be restricted, except as follows: 2. The right to cross and recross the premises and road at any place by any reasonable means and for any purpose in such manner as will not interfere unreasonably with use of the road. 3. The right to all timber now or hereafter growing on the premises, subject to Grantee's right to cut such timber as hereinbefore provided. 4. The right to require any user of the road for commercial or heavy hauling purposes to post security guaranteeing performance of such user's obligations with respect to maintenance of the road and with respect to payment of any charges hereinbefore stated as payable to Grantor for use of the road: Provided, the amount of such security shall be limited to the amount reasonably necessary to secure such payment, as approved by the Regional Forester. 5. The right to require any user of the road for commercial hauling to procure, to maintain, and to furnish satisfactory evidence of liability insurance in a form 61 - Exhibit 01b--Continued generally acceptable in the trade and customary in this area, insuring said party against liability arising out of its operation on the premises. The amount of insurance that may be required shall be established by the Grantee based on the amount customarily carried by commercial haulers in this area: Provided, it is customary in the industry in this locality to require liability insurance at the time commercial users are allowed to use the road. (Provided, That so long as the Road Right-of-Way Construction and Use Agreement dated remains in full force and effect, the terms and conditions thereof shall govern all aspects of use of the premises, including, but not limited to, (1/construction), reconstruction, and maintenance of the road and the allocation and payment of costs thereof.)1/ If for a period of five (5) years the Grantee shall cease to use, or preserve for prospective future use, the road, or any segment thereof, for the purposes granted, or if at any time the Regional Forester determines that the road, or any segment thereof, is no longer needed for the purpose granted, the easement traversed thereby shall terminate. In the event of such nonuse or of such determination by the Regional Forester, the Regional Forester shall furnish to the Grantor, its successors, or assigns a statement in recordable form evidencing termination. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed by its duly authorized officers and its corporate seal to be hereunto affixed on the day and year first above-written. By Title Attest: By Title APPROPRIATE ACKNOWLEDGMENT 1/ Strike out if not applicable. 61 - Exhibit 01c (NOTE: This exhibit becomes an attachment to the standard agreement as Exhibit E.) EXHIBIT E (From the Cooperator to the United States for non-cost share roads in an agreement area.) EASEMENT THIS EASEMENT, dated this day of ,19 , from a of the State of hereinafter called "Grantor," to the United States of America, hereinafter called "Grantee," WITNESSETH: Grantor, for and in consideration of the grant of reciprocal easements received by Grantor, does hereby grant to Grantee and its assigns, subject to existing easements and valid rights, a perpetual easement for a road along and across a strip of land, hereinafter defined as the "premises," 1/ (over and across the following described lands in the County of , State of :) 1/(over and across the lands in the County of State of , as described on Exhibit attached hereto). The word "premises" when used herein means said strip of land whether or not there is an existing road located thereon. Except where it is defined more specifically, the word "road" shall mean roads now existing or hereafter constructed on the premises or any segment of such roads. (The location of said premises is shown (approximately) 1/ on Exhibit attached hereto.) 1/ (Said premises are more specifically described by a centerline description contained in Exhibit attached hereto.) 1/ 1/ Strike out if not applicable. 61 - Exhibit 01c--Continued Said "premises" shall be on each side of the centerline with such additional width as required for accommodation and protection of cuts and fills. If the road is located substantially as described herein, the centerline of said road as constructed is hereby deemed accepted by Grantor and Grantee as the true centerline of the premises granted. If any subsequent survey of the road shows that any portion of the road, although located substantially as described, crosses lands of the Grantor not described herein, the easement shall be amended to include the additional lands traversed; if any land described herein is not traversed by the road as constructed, the easement traversing the same shall be terminated in the manner hereinafter provided. The acquiring agency is the Forest Service. This grant is made subject to the following terms, provisions, and conditions: A. Grantee, its permittees, contractors, and assigns shall have the right to cut timber upon the premises to the extent necessary for constructing, reconstructing, and maintaining the road. Timber so cut shall, unless otherwise agreed to, be cut into logs of lengths specified by the timber owner and decked along the road for disposal by the owner of such timber. B. Grantor shall have the right to use for all useful purposes the road(s) to be constructed, subject to traffic control regulations as provided in 36 C.F.R. 212.7(a) (1) and (2)(i), the bearing of road maintenance costs proportionate to use as provided in 36 C.F.R. 212 7(d), and the bearing of the cost of construction proportionate to use as provided in 36 C.F.R. 212.11. The foregoing notwithstanding, this easement is granted subject to the following reservations by Grantor, for itself, its permittees, contractors, assigns, and successors in interest: 1. The right to use the road without costs for all purposes deemed necessary or desirable by Grantor in connection with the protection and administration of Grantor's lands or resources, now or hereafter owned or controlled, and for removal of timber cut on the premises in construction of the road, subject to the limitations herein contained. 2. The right to cross and recross the premises and road at any place by any reasonable means and for any purpose in such manner as will not unreasonably interfere with use of the road. 61 - Exhibit 01c--Continued 3. The right to all timber now or hereafter growing on the premises, subject to Grantee's right to cut such timber as hereinbefore provided. (Provided that so long as the Road Right-of-Way Construction and Use Agreement dated remains in full force and effect, the terms and conditions thereof shall govern all aspects of use of the premises including, but not limited to (construction), reconstruction, and maintenance of the road.) 1/ If for a period of five (5) years the Grantee shall cease to use, or preserve for prospective future use, the road, or any segment thereof, for the purposes granted, or if at any time the Regional Forester determines that the road, or any segment thereof, is no longer needed for the purposes granted, the easement traversed thereby shall terminate. In the event of such nonuse or of such determination by the Regional Forester, the Regional Forester shall furnish to the Grantor, its successors, or assigns a statement in recordable form evidencing termination. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed by its duly authorized officers and its corporate seal to be hereunto affixed on the day and year first above-written. By Title Attest: By Title APPROPRIATE ACKNOWLEDGMENT 1/ Strike out if not applicable. 61 - Exhibit 01d (NOTE: This exhibit becomes an attachment to the standard agreement as Exhibit G.) EXHIBIT G PERMIT Permission is hereby granted to the UNITED STATES OF AMERICA, acting by and through the Forest Service, USDA, hereinafter called the permittee, to use, subject to the conditions set out below, the following described lands: This permit covers a right-of-way miles in length and containing approximately acres and is issued for the purpose of constructing, reconstructing, maintaining, and using a road for the protection, administration, management and utilization of lands and the resources thereof now or hereafter owned or controlled by the permittee. 1. This permit is subject to all valid rights existing on this date. 2. The permittee shall cut only such timber as necessary in clearing for road construction, reconstruction, and maintenance. Timber so cut shall, unless otherwise agreed to, be cut into logs of lengths specified by and decked along the road for disposal by . 3. The permittee shall do everything reasonably within the permittee's power to prevent forest fires and will not allow disposal of material by burning in open fires during the closed season established by law without a written permit from the proper fire protection agency. 4. The permittee shall fully repair all damage, other than ordinary wear and tear, to roads and trails caused by the permittee in exercise of the privileges granted by this permit. 5. This permit shall terminate , or earlier when requested by the permittee; provided that the permit may be terminated or suspended upon breach of any of the conditions herein. 61 - Exhibit 01d--Continued 6. The right-of-way covered by this permit shall be on each side of the centerline as shown on the attached plat with such additional width as required for accommodation and protection of cuts and fills. 7. In consideration for this use the permittee has granted reciprocal rights-of-way to . 8. Construction of the road shall be in accordance with the specifications set forth in exhibit attached hereto. 9. The permittee shall provide maintenance so that at the termination of this permit the road will be in a condition equal to that normally prevailing on roads of like standard, and unless otherwise agreed to, lead-off drainage and water barriers to prevent erosion will be constructed on the road as directed by the . 10. Use of roads constructed under authority of this permit shall be subject to control by the permittee except that they shall at all times be open to use by ________________________ employees on official business. The exercise of any of the privileges granted hereby constitutes acceptance of all conditions of this permit. (Date) (Signature of issuing officer) (Title) This permit is accepted subject to the conditions herein set forth. (Date) (Signature of permittee) (Title)