|
 |
Forest Service Request for Letter of Consent Forms
June 11, 2002
U.S. Department of [Interior, Army (corps) or Agriculture
Bureau of Land Management, Corps of Engineers or Forest Service
P.O. Box _______
City, ST. ZIPCODE
Attention: Pat Doe
Dear Mr./Ms. Doe
Project i.e. Oregon Forest Highway 159-1(1)
Elk Creek Road
Rogue River National Forest, Jackson County, Oregon
Under the provisions of the Act of Congress of August 27, 1958, as amended (23 U.S.C., Section 317 [and Section 107(d)(1/)], the Federal Highway Administration has determined that an easement over certain land owned by the United States in the state of __________, which is in the Jurisdiction of the Department of [Interior, Army or Agriculture], [B.L.M., Corps of Eng. Or Forest Service], is necessary for the construction and maintenance of a portion of the PROJECT NAME i.e. Elk Creek Road.
The construction of this project is scheduled for completion or was completed DATE HERE.
By this letter we request the Regional Forester's [B.L.M. or Corps.] final letter of consent to transfer the federal land, required for road right-of-way, to _________ County.
The Area applied for is within the [______ National Forest, _______ B.L.M. District or _______C.O.E. District.] are as follows:
DESCRIPTION
Willamette Meridian
T.39 N., R.35 E.
Section 21, the SW 1/4 NW 1/4, NW 1/4 NW 1/4, Government Lot 3.
Section 20, the SE 1/4 NE 1/4, SW 1/4 SW 1/4.
Section 19, Government Lots 1 & 2.
and as shown on the attached plats marked Exhibit "A".
One set of the right-of-way plats/plans needs to be signed and returned with the letter of consent. Also enclosed is one copy of the Environmental Assessment and the Highway Easement Deed with the stipulations for your review.
Please direct right-of-way correspondence to this office, to my attention, as I will prepare the highway easement deed for signature of the Division Engineer.
If you have any questions, comments or concerns please contact me at (360) 696-7527 or e-mail me at jbrophy@wfl.fha.dot.gov.
Sincerely yours,
James Brophy
Right-of-Way & Utilities Coordinator
Enclosures:
Highway Easement Deed
Environmental Assessment
Exhibit "A" (3 copies)
cc: Guess Who, Participating County
Mike Engineer, Design Operations Engineer
John Engineer, Design Project Manager
P.E. Hold File
Project File
Correspondence File
HIGHWAY EASEMENT DEED
THIS DEED, made this __________ day of _________________ ,2001, by and between the UNITED STATES OF AMERICA, acting by and through the DEPARTMENT OF TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION, hereinafter referred to as the DEPARTMENT, and ________________ COUNTY, of the STATE OF ______________ , hereinafter referred to as the GRANTEE:
WITNESSETH:
WHEREAS, the GRANTEE has filed application under the provisions of the Act of Congress of August 27, 1958, as amended (23 USC Section 317), for the right-of-way of a highway over certain land owned by the United States in the State of __________, which is under the jurisdiction of the Department of Agriculture - Forest Service; and
WHEREAS, this transfer is further authorized under the provisions of the Act of Congress approved October 15, 1966 {80 Stat. 931, 937, Section 6(a) (1) (A)}; and
WHEREAS, the Federal Highway Administrator, pursuant to delegation of authority from the Secretary of Transportation, has determined that an easement over the land covered by the application is reasonably necessary for a right-of-way for the _____________________ Highway/Road; and
WHEREAS, the United States Department of Agriculture, acting by and through the Forest Service, has agreed to the transfer by the DEPARTMENT of an easement over the land to the GRANTEE;
NOW THEREFORE, the DEPARTMENT as authorized by law, does hereby grant to the GRANTEE an easement for a right-of-way for the operation and maintenance of a highway and use of the space above and below the established grade line of the highway pavement for highway purposes on, over, across, in, and upon the following described land of the United States within the __________ National Forest:
Township South, Range East, Meridian.
Section: SE1/4 SW1/4.
Section: NE1/4 NW1/4, NW1/4 NW1/4, Govt. Lot 1
Township South, Range East, Meridian.
Section: NW1/4 NW1/4.
Section: NE1/4 NE1/4, NW1/4 NE1/4, SW1/4 NE1/4
And as shown on Exhibit A attached hereto and made a part hereof, subject, however, to the following terms, conditions, and covenants:
- The Grantee shall obtain such permission as may be necessary on account of any such outstanding valid claims existing on the date of this grant.
- The Grantee and the (Forest Supervisor/Regional Forester) shall make determination as to the necessity for archaeological and paleontological reconnaissance and salvage within the right-of-way, and such reconnaissance and salvage to the extent determined necessary because of reconstruction of the highway facility, is to be undertaken by the Grantee in compliance with the acts entitled, An Act for the Preservation of American Antiquities, approved June 8, 1906 (34 Stat. 225, 16 USC 432-433), the Archaeological Resources Protection Act of 1979 (93 Stat. 721, 16 USC 470aa-470ll), and State laws where applicable.
- The easement herein granted is limited to use of the described right-of-way and the space above and below the established grade line of the highway pavement for the purpose of reconstruction, operation, and maintenance of a highway in accordance with the approved plans described in the following condition No. 4 and does not include the grant of any rights for nonhighway purposes or facilities: Provided, that the right of the Forest Service to use or authorize the use of any portion of the right-of-way for nonhighway purposes shall not be exercised when such use would be inconsistent with the provisions of Title 23 of the United States Code and of the Federal Highway Administration regulations issued pursuant thereto or would interfere with the free flow of traffic or impair the full use and safety of the highway, and in any case the Grantee and the Federal Highway Administration shall be consulted prior to the exercise of such rights: and Provided further, that nothing herein shall preclude the Forest Service from locating National Forest and other Department of Agriculture signs on the portions of the right-of-way outside of construction clearing limits.
-
The design and reconstruction of highway project(s) situated on this right-of-way will be in accordance with the provisions of Title 23, United States Code--Highways and amendments; the Regulations for the Administration of Federal-Aid for Highways, effective May 11, 1960; and amendments and established procedures for Federal-Aid projects, including the requirements of Title 23, Code of Federal Regulations, Part 771, and the construction specifications of the State Highway Department as approved by the Federal Highway Administration for use on Federal-Aid projects.
The (Forest Supervisor/Regional Forester) will be provided an opportunity to review plans relative to effects, if any, that the project works as planned will have upon adequate protection and utilization of the land traversed by the right-of-way and adjoining land under the administration of the Forest Service for the purposes for which such land is being administered. Those features of design, reconstruction, and maintenance of the highway facility and of use of the right-of-way that would have effect on the protection and utilization of the land under the administration of the Forest Service are to be mutually agreed upon by the (Forest Supervisor/Regional Forester) and the Grantee by conference or other communication during the preparation of the plans and specifications for each reconstruction project, and the plans shall be revised, modified, or supplemented to meet the approval of the (Forest Supervisor/Regional Forester) or when deemed appropriate, supplemented by written stipulation between the Forest Supervisor and the Grantee prior to start of reconstruction.
The final design and the construction specifications for any highway reconstruction project on the right-of-way will be presented to the (Forest Supervisor/Regional Forester) for approval; reconstruction shall not begin until such approval is given: Provided, that if it is subsequently deemed necessary that the approved plans, specifications, or stipulation be amended or supplemented, any amendment or supplement shall be approved by the (Forest Supervisor/Regional Forester) and the Grantee before being placed in effect.
- Consistent with highway safety standards, the Grantee shall:
- Protect and preserve soil and vegetative cover and scenic and aesthetic values on the right-of-way outside of construction limits.
- Provide for the prevention and control of soil erosion within the right-of-way and adjacent lands that might be affected by the reconstruction, operation, or maintenance of the highway, and shall vegetate and keep vegetated with suitable species all earth cut or fill slopes feasible for revegetation or other areas on which ground cover is destroyed where it is deemed necessary during a joint review between the (Forest Supervisor/Regional Forester) and the Grantee prior to completion of the highway and the Grantee shall maintain all terracing, water bars, leadoff ditches, or other preventive works that may be required to accomplish this objective. This provision shall also apply to slopes that are reshaped following slides which occur during or after reconstruction.
- The Grantee shall establish no borrow, sand, or gravel pits; stone quarries; permanent storage areas; or sites for highway operation and maintenance facilities, camps, supply depots, or disposal areas within the right-of-way unless shown on approved reconstruction plans without first obtaining approval of the (Forest Supervisor/Regional Forester).
- The Grantee shall maintain the right-of-way clearing by means of chemicals only after consultation with the Forest Service. Consultation must address the time, method, chemicals, and the exact portion of the right-of-way to be chemically treated.
- The Grantee, in consideration of the grant of this easement, does hereby covenant and agree as a covenant running with the land for itself, its successors that the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 242) shall be complied with and assigns that:
- No person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed,
- That the Grantee shall use said easement and right-of-way so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation, effectuation of Title VI of the Civil Rights Act of 1964, and said regulations as may be amended.
- When need for the easement herein granted no longer exists, the Grantee shall give notice of that fact to the Secretary of Transportation and the rights herein granted shall terminate and the land shall revert immediately to the full control of the Department of Agriculture.
IN WITNESS WHEREOF, I, Ronald W. Carmichael, Division Engineer, pursuant to delegations of authority from the Secretary of Transportation and the Federal Highway Administrator, by virtue of authority in me vested by law, have hereunto subscribed my name as of the day and year first above written.
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
By: ______________________________
Title: ______________________________
STATE OF __________
COUNTY OF __________ |
)
) ss:
) |
I, _____________________ , a Notary Public in and for the State of Washington, do hereby certify that on this the __________ day of ____________________ , 20____ , before me personally appeared Ronald W. Carmichael, Division Engineer, Western Federal Lands Highway Division, Federal Highway Administration, and acknowledged that the foregoing instrument bearing date of ___________________ , 20____ , was executed by him in his official capacity and by authority in him vested by law, for the purposes and intents in said instrument described and set forth, and acknowledged the same to be his free act and deed as Division Engineer, Western Federal Lands Highway Division, Federal Highway Administration.
Witness my hand and seal this __________ day of ________________ , 20____ .
(SEAL)
_____________________________________ Notary Public
My commission expires: ____________________ .
|
|
