5509.11,22-25 Page 1 of 13 FSH 5509.11 TITLE CLAIMS, SALES, AND GRANTS HANDBOOK WO AMENDMENT 5509.11-92-4 EFFECTIVE 8/3/92 22 - NATIONAL FOREST TOWNSITES. 22.01 - Authority. Certain National Forest System lands in the 11 contiguous Western states and Alaska may, based upon a qualified application from a community, be set aside and designated for townsite purposes and may be conveyed to the community upon a satisfactory showing that they meet essential community needs and objectives that outweigh other public objectives and values that would be served if the lands remained under Federal ownership (FSM 5570.11b and 36 CFR 254.20b). 22.03 - Policy. 1. Weigh the conveyance of National Forest System lands under the Townsite Act against the community capability of adequately meeting essential community needs by other means, or by acquisition of other available and equally suitable private, local government, State, or other Federal lands. 2. Consider land exchange as an alternative to use of the Townsite Act when conveyance or use of needed lands is in the public interest. 22.04 - Responsibility. (FSM 5504). 22.1 - Application. Upon receipt of an application the authorized Forest Official shall: 1. Determine if the proposal meets the requirements at 36 CFR 254.20(a) and 254.21. 2. Ensure the application includes: a. A legal description of the land desired. b. A development plan for the area applied for, consisting of a narrative section, map description, other appropriate maps, charts, and drawings. c. Statement of reasons why transfer of the land would serve indigenous community objectives that outweigh the public objectives and values which would be served by maintaining the tract in Federal ownership. d. Evidence that there are no equally suitable private, local government, State, or other Federal lands available for townsite purpose. e. A copy of current zoning ordinances, covenants, and standards affecting development and use of the described lands that contain provisions consistent with the protection of adjacent National Forest System lands. 3. Accept or deny the application for further consideration within 30 days of receipt. a. When the application is denied as not meeting the requirements, a Forest Official shall, in writing, explain the reasons why the application does not meet the requirements, and suggest possible alternatives under other authorities or possible qualifying modifications or notify applicant of appeal rights. b. When a proposal is accepted, the Forest Official shall: (1) Notify the applicant of acceptance of application and the extent of studies required to determine what lands are to be conveyed. (2) Prepare draft Designation Order and Public Notice to be processed under Regional Forester instructions (sec. 22.21). 22.2 - Designation and Public Notice. 22.21 - Designation Order. The authorized Forest Service Official shall, upon receiving a copy of the documents transmitted under section 22.1, issue a Designation Order (ex. 01) designating the lands for townsite purposes and segregating them from other forms of entry (36 CFR 254.22), and transmit a copy of the order to the Bureau of Land Management and the appropriate State Clearing House. 22.21 - Exhibit 01 DESIGNATION ORDER TONTO NATIONAL FOREST, ARIZONA Order setting aside and designating National Forest System land pursuant to 36 CFR 254.22 for townsite purposes. The Mayor of the Town of Payson , County of Gila , State of Arizona , filed an application for the sale of land to said Town for townsite purposes under the National Forest Townsite Act of July 31, 1958 (72 Stat. 438, 7 U.S.C. 1012a, 16 U.S.C. 478a) as amended by the Act of October 21, 1976 (90 Stat. 2760). In accordance with 36 CFR 254.22(b) and (c), the following lands are hereby set aside and designated for townsite purposes. The lands set aside by this order are segregated from other forms of entry as long as the application remains in force, but does not preclude compatible land adjustments under the Secretary of Agriculture Authority. (Insert property description. See sec. 22.4) All communications concerning this townsite should be addressed to: (Regional Forester or Forest Supervisor) This order, dated this 10th day of January ,1985, has been executed pursuant to the above Act and Delegation of Authority promulgated in Title 7 CFR 2.60, and 49 FR 34283, 8/30/84. (Signature of authorized executor). (Type in name of authorized executor). (Type in title of executor). 22.22 - Public Notice. 1. The Regional Forester shall prepare a notice and arrange to have it published weekly for 4 consecutive weeks in a newspaper with circulation in the community that the proposed townsite would affect. See exhibit 01. 2. The notice shall include: a. A description of the area. b. Name of the community or governmental body making the application. c. A narrative section from the development plan. d. Instructions and location of the plan for public viewing. e. A description of the segregative effect of the Designation Order. 3. Allow a period of 45 days from the date of the first publication notice for the public to file comments with the Regional Forester. 4. Consider the need for a public meeting and/or a news release for general circulation to ensure that the public has adequate opportunity to learn about the proposal. 22.22 - Exhibit 01 DEPARTMENT OF AGRICULTURE Forest Service PUBLIC NOTICE OF THE City of Rockville TOWNSITE APPLICATION Notice is hereby given that the Forest Service, United States Department of Agriculture, is considering an application by city of Rockville, Gila County, State of New Mexico, for the conveyance of land for townsite purposes, pursuant to the National Forest Townsite Act of July 31, 1958 (72 Stat. 438; 7 U.S.C. 1012a; 16 U.S.C. 478a) as amended by the Act of October 21, 1976 (90 Stat. 2760). The application includes the following lands under jurisdiction of the Forest Service: Gila National Forest Gila County State of New Mexico Sixth Principal Meridian (Insert property description. See sec. 22.4) The area described contains 52.34 acres more or less. Any or all of the above described land may be conveyed to the City of Rockville for a price at not less than the fair market value thereof and subject to the restrictions imposed by the above act and the Regulations of the Secretary of Agriculture (36 CFR 254.20). Conveyance will be limited to those lands essential to community needs. A prerequisite to the conveyance will be an approved development plan and zoning ordinances, covenants, or standards needed for protection of the adjacent or contiguous National Forest System land and to protect or mitigate valid existing rights and uses. Complete developmental plans and zoning ordinances including appropriate maps, charts, and drawings, are available for public review at the District Ranger's, Forest Supervisor's, or Regional Forester's Office. A Designation Order setting the above described lands aside for townsite purposes was issued by the Regional Forester, Southwestern Region on July 6 , 19 86 . In accordance with 36 CFR 254.22(b) and (c), this Designation Order segregates the described lands from mineral entry, but has no effect on valid, prior existing rights. The Designation Order will remain in effect until the described lands are conveyed or until it is cancelled by the Regional Forester. 22.22 - Exhibit 01--Continued In accordance with 36 CFR 254.22, public comments must be filed within 45 days from first date of publication of this Notice. Public comments must be sent to Regional Forester (or Forest Supervisor) Joe Doe, Forest Service, USDA, 510 Trent St., Rockville, NM . Regional Forester or Forest Supervisor Publication dates: , , , , . 22.3 - Studies and Reports. After publishing the initial public notice, a Forest Service Official shall conduct the necessary studies and assessments required under 36 CFR 254.23. 22.31 - Tract Examination. The complete examination involves site inspection, reconnaissance surveys, and an appropriate record search. Determine if the lands will meet essential community needs resulting from internal growth and if the lands would serve community objectives that outweigh other public objectives and values that would be served by retention in Federal ownership. Examine the designated lands to determine whether mining claims or mineral leases, special land uses, Forest Service administrative facilities, cultural resources, threatened and endangered species of plants and animals, or flood plains or wetlands are present. Determine measures needed to eliminate, resolve, or mitigate other adverse impacts, such as: 1. Conflicts with mining claims and/or mineral leases. 2. Conflicts with special uses, easements, reservations and other encumbrances. 3. Continued use or a satisfactory alternative location for an administrative or other similar site occupied or used by the United States. 4. Impacts on cultural resources in compliance with the National Historic Preservation Act and 36 CFR 800 (Procedures for the Protection of Historic and Cultural Properties). 5. Conflict with the requirements of Executive Order 11988 (flood plains) and Executive Order 11990 (wetlands). 6. Conflicts with the Endangered Species Act and 50 CFR 402. 22.32 - Environmental Assessment. A Forest official shall determine if the area is a categorical exclusion or shall assess the environmental effects of the proposed conveyance and alternatives required by the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190). The environmental assessment shall consider the environmental effects of the applicant's proposed development and the mitigating effects of applicable State and local laws, zoning ordinances, covenants, and standards. The applicant may make needed environmental studies. 22.33 - Recommendations. Submit a final package to the Regional Forester with a recommendation regarding conveyance of the lands within the designated townsite. The package should include the following: 1. Tract examination information. 2. Environmental assessment and draft decision notice or environmental statement (original report and three copies of the approval page). 3. Public notice information and public responses. 4. Draft deed (if recommendation is to convey). 5. Applicable covenants, standards and zoning ordinances needed to protect public and private rights and interests. 6. Other information or material that clarifies or supports the final recommendation. 22.34 - Action on Proposal. Based on the assessment, studies, and report, the authorized Forest Service official shall approve or disapprove the conveyance of lands in whole or in part. Process the case in accordance with 36 CFR 254.23(b) and (c). Provide copies of the decision document to the applicant and all individuals and entities submitting comments as a result of public notification. All decisions shall be subject to appeal in accordance with 36 CFR 211.18. 22.4 - Survey and Property Description. Describe the lands proposed for conveyance, whenever possible, by use of an existing survey or by using the language by which they were reserved in, excluded from, or conveyed by a former deed or patent issued by or to the United States. The Applicant must provide for or bear the cost of any new survey needed to adequately describe the applied for lands. All new National Forest property boundaries resulting from a townsite conveyance shall be monumented, marked, and posted (36 CFR 254.25). 22.41 - Standards. 1. Surveys shall comply with applicable State and Federal standards. 2. Monumentation, marking, and posting of new National Forest property boundaries shall comply with appropriate Forest Service standards. 22.5 - Appraisal. The sale of any land to a governmental subdivision for townsite purposes shall be at fair market value (36 CFR 254.26 and FSM 5410). 22.6 - Conveyance Document. (36 CFR 254.24). 1. Type of Document. Make conveyances from the United States by following direction and examples in exhibit 01. Also see section 13.36 and 21.7 for other examples that may be useful. 2. State and Local Requirements. Adapt the proposed form to conform with State and local legal requirements. 3. Delivery. Hold executed deeds for delivery to the governmental body upon adoption of needed zoning ordinance, covenants, or standards (36 CFR 254.23(a)(6)) and upon notice from the Regional Fiscal Agent that the governmental body has paid in full for the lands described in the executed deed. 4. Recording. The applicant bears the responsibility and expense of recording the deed in the county records. 5. Filing and Posting. File the recorded deed(s) and other title documents in a permanent title file (FSM 5591.2) and post the landownership status record (FSM 5590). 6. Notice to the Bureau of Land Management. Submit a copy of the recorded deed and survey plat to the Bureau of Land Management State Office as needed. 22.6 - Exhibit 01 QUITCLAIM DEED THIS DEED, made this 3rd day of August, 1986, between the United States of America, acting by and through the Forest Service, Department of Agriculture, hereinafter called Grantor, and the 1a/ , County of 1b/ State of 1c/ , hereinafter called Grantee. WITNESSETH: The Grantee has applied for conveyance of National Forest System lands under the Townsite Act of July 31, 1958 (72 Stat. 438, 7 U.S.C. 1012a, 16 U.S.C. 478a) as amended by the Act of October 21, 1976 (90 Stat. 2760); the provisions of which have been met. NOW THEREFORE, the Grantor, for and in consideration of (Insert amount of consideration), the receipt whereof is hereby duly acknowledged, does hereby remise, release, and quitclaim unto the Grantee, its successors and assigns all its right, title, interest, and claim in and to the real property situated in the County of Gila, State of New Mexico, described as follows: (Insert legal description of land. 2/) (Insert appropriate reservation, conditions, terms, or covenants.) (Insert outstanding rights.) IN WITNESS WHEREOF, the Grantor, by its duly authorized representative has executed this deed pursuant to the delegation of authority promulgated in Title 7 CFR 2.42 and 49 F.R. 34283, August 29, 1984. UNITED STATES OF AMERICA By: (Signature of authorized executor.) (Type in name of authorized executor.) (Type in title of executor; Director of Lands, Regional Forester, or Forest Supervisor, for example.) (Type in name of Region or other unit.) Forest Service United States Department of Agriculture ACKNOWLEDGMENT 3/ UNITED STATE OF AMERICA ) ) ) ) SS DISTRICT OF COLUMBIA 22.6 - Exhibit 01--Continued Before me, the undersigned , on this day personally appeared , , Forest Service, United States Department of Agriculture, known to me to be the person whose name is subscribed to and who executed the foregoing instrument, and acknowledged to me that execution of the same was for the purpose and consideration therein expressed as the act and deed of the United States of America. Given under my hand and seal on this day of , 19 . 1/ Enter name of (a) Grantee; that is, local governmental unit such as city or town for example, (b) county (if county is a Grantee enter name here only), and (c) State. 2/ Insert the legal description of the land or interest in land to be conveyed. (See sec. 22.4). a. For descriptions not requiring a survey, use standard area clause at the end of the description. b. For metes and bounds descriptions and others requiring surveys, insert "Containing acres, more or less, according to the plat entitled (name plat) , dated attached hereto and made a part hereof." 3/ The form and content of the acknowledgement must conform to State laws. 23 - EXCESS PROPERTY. As used in this chapter, excess property is any property that is not essential to carry out Forest Service activities and responsibilities. Lands with National Forest status or lands dedicated and administered for National Forest purposes are excepted. FSM 5571.5. 23.1 - Determination. The act specifically excludes lands reserved or dedicated for National Forest purposes whether such lands are within or outside a National Forest boundary. For instance, acquired lands within an established purchase unit have National Forest status and would therefore be excluded. Also lands acquired under Title III of the Bankhead-Jones Act have not been subject to utilization surveys by the General Service Administration. A recent Court decision confirms the position that these lands are effectively dedicated for National Forest purposes and therefore exempt. 23.2 - Procedure. All Federal bureaus or agencies are required to report excess real property to the General Services Administration (GSA) for disposition. Use the pertinent parts of the outline in section 13.11 as a guide for preparing background information for the report, which is required under FSH 6409.31. Identify excess real property that is no longer used or needed (1) for the purposes for which it was acquired, (2) for other Forest Service program needs or uses, or (3) as a base for acquisition of other land to meet essential National Forest management or resource conservation needs. The Director of Lands, Washington Office, shall make the final determination that the property is excess to Forest Service program needs. 24 - NATIONAL GRASSLAND AND LAND UTILIZATION PROJECT LAND. 24.1 - Procedure. The likelihood of the sale of land with Bankhead-Jones Act status is remote. The Washington Office must approve the Region's request to sell lands under this authority. The Washington Office will send instructions for sale procedure and preparation of necessary documents to the Regional Forester along with the approval. Use section 13.11 of this Handbook as guidance for preparing reports and sections 13.34 and 21.7 for preparing conveyance documents. 25 - FIRE CONTROL IMPROVEMENTS AND LAND OUTSIDE THE NATIONAL FOREST. 25.1 - Applications. States or political subdivisions or their agencies, wishing to obtain improvements for fire control purposes, must apply in writing to the Regional Forester, who must acknowledge receipt of the application. The application shall accurately describe the desired property, the need for the property, and the reasons for wishing a transfer of ownership for fire control purposes. 25.2 - Public Domain Land. When a proposed transfer includes public domain land, the Regional Forester shall send notice of the proposed transfer to the appropriate Bureau of Land Management (BLM) State Director and request (1) comments and recommendations, (2) advice as to whether an agency other than the Forest Service has any jurisdiction over or rights to the land, (3) information as to valid rights or privileges held thereon under the public lands laws, and (4) specific reservations needed by the BLM to protect the public interests. 25.3 - Studies and Reports. A Forest Service official shall conduct the necessary studies and assessments to determine if the lands should be transferred. Use the general outline under section 22.3 as a procedural guide in determining the feasibility of the transfer. 25.4 - Appraisals. Appraisals of transfer property shall be in compliance with instructions in FSM 5410 and FSH 5409.12. 25.5 - Negotiations. When the appraisal report has been approved by the authorized officer, the Regional Forester shall inform the applicant of the conditions of sale and appraised value, and request confirmation (or withdrawal) of the application. This step is not necessary in transfers without reimbursement. The Regional Forester is authorized to approve the transfer of improvements, with or without the land used in connection with them, when the total market value of the items to be transferred does not exceed the following amounts: 1. $5,000 without reimbursement by the State. 2. $10,000 with reimbursement by the State. Only the Chief may approve transfers of property valued in excess of the amounts above. 25.6 - Deeds. In every case involving a transfer of land, the conveyance shall be by quitclaim deed. The deed shall include a provision for immediate reversion and revestment of title in the United States if the State political subdivision or agency does not use the property for the purpose for which it was transferred within 2 years from the date of transfer, or for any 2 year period within 15 years of the date of transfer (16 U.S.C. 565b- 1958). See section 22.6 for direction. 25.7 - Bills of Sale. Transfers involving only fire control improvements shall be pursuant to a bill of sale or by such instrument as the Regional Attorney may recommend. The Regional Forester or the Washington Office Director of Lands shall execute bills of sale depending on the appraised price of the property. (FSM 5571.6) 25.8 - Closing Transfer. The Regional Forester shall furnish all deeds or bills of sale to the recipient agency. In transfers requiring reimbursement, the Regional Forester shall submit form FS-6500-89, Bill for Collection, to the agency for payment prior to delivery of the transferring instrument. A copy of form FS- 6500-89 should be sent to the Forest Supervisor for accounting purposes. Retain complete files in the Regional and Supervisor's Office for a period of 15 years following the transfer because of the reversionary provisions. Post all transfers involving lands on the status records.