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FHWA → Real Estate → Federal Land Transfers → Toolkit → Mou

MOU for Processing Federal Land Easements in Idaho

Memorandum of Understanding

FOR PROCESSING FEDERAL LAND EASEMENTS IN IDAHO
(Last Updated 3-4-11)

This Memorandum of Understanding (MOU) between:

The Federal Highway Administration's Idaho Division;

The Idaho Transportation Department;

The U.S. Forest Service Northern Region (R-1);

The U.S. Forest Service Intermountain Region (R-4); and

The Bureau of Land Management Idaho State Office

provides procedural guidance specific to project Planning & Design, Environmental Processing, Federal Land Appropriation, Construction, and Operation & Maintenance of transportation facilities on National Forest System (NFS) lands and Bureau of Land Management (BLM) Public Lands in the State of Idaho

For the Federal Highway Administration (FHWA) and Idaho Transportation Department (ITD), effectiveness is manifested by transportation projects that are planned, designed, constructed and maintained with appropriate engineering standards and safety considerations, in a timely and cost efficient manner.

For the US Forest Service (USFS) and BLM, effectiveness is measured by transportation projects that are planned, designed, constructed and maintained with appropriate consideration of public land management objectives and with emphasis on conservation and enhancement of NFS and public lands and resources.

This MOU seeks to enhance interagency coordination, cooperation and the mutual understanding of transportation projects on NFS and public lands and resources. It documents mutual agreement regarding the specific "Implementing Procedures" to be followed as a means to achieve these purposes (See Implementing Procedures attached).

The existing MOU and its Appendices A and B dated December 6, 1982 and May 3, 1985, respectively are superseded and replaced by this MOU. The old MOU and Appendices were between the ITD and Forest Service Regions 1 and 4. The BLM (Idaho State Office) does not currently have an MOU with ITD or FHWA.

This MOU does not supersede or replace the requirements of any national agreements (See Attachment 5 for copy of existing national agreement). Any easements or permits between the affected parties that are currently in place will not be affected by this MOU.

ROLES and RESPONSIBILITIES

FHWA administers federal highway funding and is the lead agency for implementing the National Environmental Policy Act of 1969 (NEPA) as it relates to federal-aid projects (40 CFR 1500-1508, Title 23 U.S.C.).Federal-aid highways (Chapter One, Title 23 U.S.C.) include the Interstate System, the National Highway System, and selected state, city and county routes. The National Highway System consists of all Interstate and most State arterial highway routes.

FHWA – Western Federal Lands, is the lead agency for the development of projects on Forest Highways, forest development roads or trails (Chapter 2, Title 23 U.S.C.). In the event ITD, under agreement with FHWA – Western Federal Lands, leads the development of a project on a Forest Highway, forest development road or trail, such work would be pursuant to the procedures outlined in this MOU.

FHWA also facilitates the establishment (through the Federal Land Appropriation process) of an easement deed for use of NFS land for transportation purposes.

ITD is responsible for the planning, location, design, construction, operation, and perpetuation of a safe and efficient public transportation system needed for the benefit of the public in accordance with Title 23, U.S.C. while protecting the environment. ITD is the primary agency responsible for implementation and administration of this MOU.

The USFS and BLM are Cooperating Agencies for Federal-Aid highway projects crossing their respectively managed lands. Both are responsible for the protection and multiple use management of their respectively managed lands and resources for the benefit of the people of the United States. This responsibility extends to the development of a public lands transportation system both within and providing direct access to their lands.

The Idaho State Highway System and Forest Transportation System (including the Forest Highway System) are interdependent and of mutual benefit to the public. ITD and FHWA need consent and will coordinate with the USFS on issues such as waste areas, staging areas, material sources and maintenance sites for highway operations and construction projects within or providing direct access to NFS lands. The USFS, when developing improvements or approving other uses that may impact an ITD right-of-way, will consult with ITD and seek approval or concurrence.

Actions defined in this MOU will be coordinated between personnel at equivalent organizational levels within each agency. Forest Supervisors, BLM District Managers and ITD District Engineers, as well as USFS District Rangers, BLM Field Managers and ITD Resident Engineers or Maintenance Foreman, are encouraged to confer and reach agreement on all matters within their scope of responsibility. Unresolved problems and items requiring approval of higher authority will be referred to the appropriate ITD Executive staff and/or Regional Forester and/or State Director level.

A. Development:

Step 1:
The Idaho Transportation Department (ITD) will provide advance written notification to the responsible Federal land agency (FLA) and the Federal Highway Administration (FHWA) when it intends to request a permanent easement across Federal lands This notification will occur as early in the process as possible (See Attachment 1 for Federal and State contact information).

The notification letter will address the following:

1. Recognize that FHWA will serve as the lead Federal agency for the NEPA process;
2. Invite the potentially affected FLA(s) to participate in the NEPA process as a cooperating agency;
3. Request the FLA to identify known issues and concerns relating to protection of valid existing rights and resources on lands potentially affected by the projects; and
4. Request a determination from the FLA concerning whether the proposed project is in conformance with their current land use plan.

Step 2:
The FLA will, unless otherwise documented, recognize FHWA's NEPA approval as being adequate to address the proposed action. In some situations it could be necessary for the FLA to make an additional decision when the proposed project does not conform to the existing land use plan. In these situations it is incumbent upon the FLA to insure the NEPA document prepared by the FHWA contains the analysis necessary for the FLA to make its own decision to amend its land use plan.

It is understood that additional processing may be necessary in the event that the FLA determines that the proposed Federal land transfer would not be in conformance with the current land use plan for the affected area.

Step 3:
The FLA will be provided the opportunity to review the preliminary and final plans for the proposed activities on the easement to verify that adequate protection and utilization of the land has been addressed. For FHWA funded activities, FHWA or the ITD will be responsible for final approval of the design plans in accordance with Title 23 U.S.C. For non-FHWA funded activities, ITD will be responsible for final approval of the design plans.

B. Processing:

Step 1:
The ITD files its application for an easement with the FHWA Division Office setting forth its need for the lands in accordance with 23 CFR 710.601(d). Included in the application will be the following:

1. The purpose for which the requested land is to be used;
2. The estate or interest in the land required for the project;
3. The Federal-aid project number or other appropriate reference;
4. The name of the Federal agency exercising jurisdiction over the land;
5. A location map identifying the easement ;
6. A legal description of the easement;
7. A plat of the easement (See Attachment 2 for plat specifications);
8. A statement of compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4332, et seq.) and any other applicable Federal environmental laws, including the National Historic Preservation Act (16 U.S.C. 470(f)), and Section 4(f) of the Department of Transportation Act of October 15, 1966 (23 U.S.C. 138; 49 U.S.C. 303).
9. A copy of the NEPA approval and supporting documents (e.g., the Categorical Exclusion, E.A. or EIS documents; threatened and endangered species clearance; biological assessments; and cultural resources clearance).
10. A draft easement deed. Included in the deed will be a list of standard conditions currently agreed to by the applicable FLA along with any additional conditions agreed to by FHWA, ITD and the FLA (See Attachments 3 and 4 for lists of standard conditions).

Step 2:
The FHWA Division Office will review the application for completeness and accuracy in accordance with 23 CFR 710.601(d) and make a determination as to the necessity of the requested land for the project or activity.

Step 3:
If the application is determined to be both satisfactory in content and necessary and reasonable in purpose and scope, the FHWA Division Office will forward the application and supporting documentation to the designated contact for the FLA office having jurisdiction over the land in question (See Attachment 1 for Federal and State contact information) and request the FLA to issue a Letter of Consent.

Step 4:
The FLA, after receipt of the request with the accompanying complete application, shall review the material and, within a period of four months, notify FHWA, in writing, either (a) that the FLA is in agreement with the easement subject to conditions of adequate protection and utilization of the public lands or (b) that the easement would be contrary to the public interest or inconsistent with the purpose for which the public lands or materials are being managed.

The FLA's concurrence to the easement will be in the form of a Letter of Consent (LOC). The LOC will clearly state any conditions under which agreement to the easement is given in addition to those in the standard deed conditions list (See Attachments 3 and 4). The FHWA Division Office and the ITD will review the FLA's conditions and may coordinate with the FLA if it determines that further discussion on the content or intent of these conditions is necessary.

The signing date of the easement deed will constitute the date at which the right of entry to the land commences.

Denial by the FLA of the easement request will be in the form of a letter, signed by the USFS Regional Forester or the BLM State Director, as appropriate, which explains and provides supporting documentation to clearly substantiate that:

1. The easement would be contrary to the public interest;
2. The easement would be inconsistent with the planned use of the Federal land; or
3. The FHWA and ITD will not accept the conditions the FLA determines necessary for protection of the FLA-administered land or resources.

If, within a period of four months, the FLA has not responded in writing to the request for a LOC, the easement will be approved by FHWA as requested.

Step 5:
Upon receipt of an LOC, the FHWA reviews it for content and forwards it to the ITD for incorporation of conditions into the easement deed.

Upon receipt of a letter in which the FLA does not consent to the requested easement, the FHWA Division Office will consult with the ITD and the FLA to determine if there is reasonable opportunity for resolving the impasse.

Step 6:
Upon receipt of the LOC, the ITD prepares the easement deed, including the incorporation of all conditions specified in the LOC along with any other conditions previously cited in the request and subsequently agreed to by the FLA. The ITD then submits the easement deed to the FHWA Division Office. Included with this submission should be a request for authorization of the easement, the responses of the FLA, the conditions of the easement, the easement deed with the legal property description, and findings that the easement is reasonably necessary for the proposed highway project.

Step 7:
The FHWA Division Office reviews the deed and accompanying information for completeness and accuracy, signs the deed as appropriate, and returns the signed easement deed to the ITD.

Step 8:
The ITD signs and records the easement deed and forwards three copies to the affected FLA and two copies to the FHWA.

Step 9:
The FHWA forwards a copy of the recorded easement deed to the BLM Records Office (at the BLM State Office in Boise, ID) for notation on the Master Title Plat.

C. Management:

Step 1:
The ITD, when constructing or operating the highway or the materials source, shall comply with the conditions set forth in both the LOC and the easement deed. The FLA will act as agent for FHWA in the monitoring and enforcement of the easement deed conditions. FHWA will, in coordination with the FLA, issue written notification to the ITD of any violations of the deed conditions. If the noncompliance is not corrected within 30 days, the FHWA will, upon notification from the FLA, first pursue compliance by ITD informally and, if necessary, follow up with action pursuant to 23 CFR 1.36.

Step 2:
The ITD will notify the FLA when the need for the easement no longer exists. Upon notification from the ITD the FLA shall determine whether to accept relinquishment of the easement as is, or shall specify facility removal and rehabilitation requirements for completion by the ITD. The ITD shall include these rehabilitation measures in a Scope of Work Report.

Step 3:
Upon approval of the easement relinquishment, the FLA shall notify the FHWA of this approval and the ITD shall issue and record the easement termination document with the County. The ITD shall forward three copies of the recorded termination document to the affected FLA and two copies to the FHWA.

Step 4:
The FHWA shall forward a copy of the recorded easement termination documents to the BLM Records Office Idaho State Office for notation on the Master Title Plat.

TERMS AND CONDITIONS

The signatory agencies to this memorandum of understanding agree:

1. To follow the procedures of this MOU along with the contacts, specifications, and deed conditions provided in Attachments 1 through 4;
2. To make a good faith effort to carry out their assigned responsibilities as detailed in the procedures;
3. To promptly consult with the Federal Highway Administration, Idaho Division Office concerning any conflicts with and/or proposed modifications to these procedures;
4. That it will be the responsibility of Federal Highway Administration, Idaho Division Office to coordinate any conflicts with and/or proposed modifications to these procedures with the participating agencies;
5. That this MOU will automatically expire in ten years from the date of signing unless otherwise amended or renewed by all of the participating agencies;
6. Any of the parties, with 60 days written notice, may terminate this MOU in whole or in part, at any time before the date of expiration;
7. Any information furnished to the Forest Service under this instrument is subject to the Freedom of Information Act (5 U.S.C. 552);
8. This instrument in no way restricts any of the parties hereto from participating in similar activities with other public or private agencies, organizations, and individuals;
9. This MOU may be amended upon written request of any of the parties hereto and the subsequent written concurrence of the others;
10. All the parties hereto and their respective agencies and office(s) will handle their own activities and utilize their own resources, including the expenditure of their own funds, in pursuing these objectives. Each party will carry out its separate activities in a coordinated and mutually beneficial manner;
11. Nothing in this MOU shall obligate any of the parties hereto to obligate or transfer any funds. Specific work projects or activities that involve the transfer of funds, services, or property among the various parties will require execution of separate agreements and be contingent upon the availability of appropriated funds. Such activities must be independently authorized by appropriate statutory authority. This MOU does not provide such authority. Negotiation, execution, and administration of each such agreement must comply with all applicable statutes and regulations;
12. This MOU is not intended to, and does not create, any right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity, by a party against the United States, its agencies, its officers, or any person.

The Agencies further understand and agree that this memorandum of understanding and its included procedures have been established for the convenience and mutual benefit of the Agencies and that it is neither expressed nor implied that these procedures supersede or supplant the requirements for Federal land transfers governed by Title 23 USC 317 or its implementing regulations; 23 CFR 710.601.

FHWA, ITD, USFS, and BLM Officials

Federal Highway Administration

Peter J. Hartman Date
Division Administrator - Idaho

Idaho Transportation Department

Brian W. Ness, Director Date

U.S.D.A. Forest Service - Northern Region (R-1)

Leslie Weldon, Regional Forester Date

The authority and format of this instrument has been approved for signature by:

Northern Region Agreements Coordinator Date

U.S.D.A. Forest Service - Intermountain Region (R-4)

Harv Forsgren, Regional Forester Date

The authority and format of this instrument has been approved for signature by:

Intermountain Region Agreements Coordinator Date

U.S.D.I. Bureau of Land Management

K. Lynn Bennett, Idaho State Director Date

ATTACHMENTS

ATTACHMENT 1: FEDERAL AND STATE AGENCY CONTACTS

ATTACHMENT 2: IDAHO PLAT SPECIFICATIONS FOR
BLM AND USFS FEDERAL LAND TRANSFERS

ATTACHMENT 3: STANDARD HIGHWAY EASEMENT DEED CONDITIONS
FOR USFS AND BLM FEDERAL LAND TRANSFERS
IN IDAHO

ATTACHMENT 4: STANDARD MATERIALS SOURCE DEED CONDITIONS
FOR BLM FEDERAL LAND TRANSFERS IN IDAHO

ATTACHMENT 5: MEMORANDUM OF UNDERSTANDING BETWEEN

USFS and USDOT (FHWA)

ATTACHMENT 6: INTERAGENCY AGREEMENT BETWEEN BLM and FHWA ATTACHMENT 1

FEDERAL AND STATE AGENCY CONTACTS - 06/26/06 update

(* denotes primary contact where more than one office contact is listed)

CONTACT	ADDRESS	PHONE/FAX/EMAIL
FEDERAL HIGHWAY ADMINISTRATION (FHWA)
FHWA Idaho Division Office
*Scott Frey Transportation Engineer	3050 Lakeharbor Ln. Suite 126 Boise, ID 83703	Phone: 208/334-9180x115 Fax: 208/334-1691 Email: scott.frey@fhwa.dot.gov
Peter Hartman Division Administrator	Same	Phone: 208/334-9180x118 Fax: 208/334-1691 Email: Peter.Hartman@fhwa.dot.gov
IDAHO TRANSPORTATION DEPARTMENT (ITD)
ITD Headquarters ROW Office
*Andrew White Senior ROW Agent	P.O. Box 7129 Boise, ID 83707	Phone: 208/334-8509 Fax: 208/334-8501 Email: Andrew.white@itd.idaho.gov
Janet Brown ROW Agent	Same	Phone: 208/334-8511 Fax: 208/334-8501 Email: Janet.brown@itd.idaho.gov
Jesse (Bill) Smith ROW Manager	Same	Phone: 208/334-8521 Fax: 208/334-8501 Email: Jesse.smith@itd.idaho.gov
ITD District 1 Office
Ron Harvey ROW Supervisor ITD District 1	600 West Prairie Coeur d'Alene, ID 83815-8764	Phone: 208/772-1217 Fax: 208/772-1203 Email: Ron.Harvey@itd.idaho.gov
ITD District 2 Office
Tim Long ROW Supervisor ITD District 2	P.O. Box 837 Lewiston, ID 83501-0837	Phone: 208/799-4216 Fax: 208/799-4301 Email: Tim.long@itd.idaho.gov
ITD District 3 Office
Lana Servatius ROW Supervisor ITD District 3	P.O. Box 8028 Boise, ID 83707-2028	Phone: 208/334-8343 Fax: 208/334-8917 Email: Lana.Servatius@itd.idaho.gov
ITD District 4 Office
Michael Scott ROW Supervisor ITD District 4	P.O. Box 2-A Shoshone, ID 83352-0820	Phone: 208/886-7806 Fax: 208/886-7895 Email: Mike.Scott@itd.idaho.gov
ITD District 5 Office
Chuck Heisler ROW Agent ITD District 5	P.O. Box 4700 Pocatello, ID 83205-4700	Phone: 208/239-3355 Fax: 208/238-3367 Email: Chuck. Heisler@itd.idaho.gov
ITD District 6 Office
Mark Layton ROW Supervisor ITD District 6	P.O. Box 97 Rigby, Idaho 83442-0097	Phone: 208/745-5626 Fax: 208/745-8735 Email: Mark.Layton@itd.idaho.gov
Bureau of land Management (BLM)
BLM Idaho State Office
Cathie Foster Realty Program Mgr	1387 S. Vinnell Way Boise, ID 83709	Phone: 208/373-3863 Fax: 208/373-3974 Email: cathie_foster@blm.gov
Natalie Cooper Realty Specialist	1387 S. Vinnell Way Boise, ID 83709	Phone: 208/373- Fax: 208/373-3974 Email: natalie_cooper@blm.gov
Kimberly Werven Records Office	1387 S. Vinnell Way Boise, ID 83709	Phone: 208/373-3895 Fax: 208/373-3974 Email: kimberly_werven@blm.gov
BLM BOISE District
Michael Truden Realty Specialist	3948 Development Ave Boise, ID 83705	Phone: 208/384-3450 Fax: 208/384-3493 Email: michael_truden@blm.gov
BLM Bruneau Field Office
Cecil Werven Realty Specialist	3948 Development Ave Boise, ID 83705	Phone: 208/384-3455 Fax: 208/384-3493 Email: cecil_werven@blm.gov
Morley Nelson Birds of Prey National Conservation Area
Kelley Moore Realty Specialist	3948 Development Ave Boise, ID 83705	Phone: 208/384-3339 Fax: 208/384-3338 Email: john_sullivan@blm.gov
BLM Four Rivers Field Office
Vacant Realty Specialist	3948 Development Avenue Boise, ID 83705	Phone: 208/384-3339 Fax: 208/384-3493 Email: @blm.gov
Effie Schultsmeier Realty Specialist	Same	Phone: 208/384-3357 Fax: 208/384-3493 Email: effie_schultsmeier@blm.gov
BLM Owyhee Field Office
Kelley Moore Realty Specialist	20 1st Avenue West Marsing, ID 83639	Phone: 208/896-5917 Fax: Email: kelley_moore@blm.gov
BLM COEUR D'ALENE District
BLM Coeur d'Alene Field Office
Scott Forssell Realty Specialist	1808 North Third St. Coeur d'Alene, ID 83814-3407	Phone: 208/769-5044 Fax: 208/769-5050 Email: scott_forssell@blm.gov
BLM Cottonwood Field Office
Vacant Realty Specialist	House 1, Butte Drive, Route 3, Box 181 Cottonwood, ID 83522-9498	Phone: 208/962-3680 Fax: 208/962-3275 Email: @blm.gov
BLM idaho falls District
BLM Challis Field Office
Tim Vanek Realty Specialist	801 Blue Mountain Rd Challis, ID 83226	Phone: 208/879-6200 Fax: 208/879-6219 Email: tim_vanek@blm.gov
BLM Idaho Falls Field Office
Skip Staffel Realty Specialist	1405 Hollipark Drive Idaho Falls, ID 83401-2100	Phone: 208/524-7562 Fax: 208/524-7505 Email: skip_staffel@blm.gov
BLM Salmon Field Office
Gloria Jakovac Realty Specialist	50 Highway 93 South Salmon, ID 83467	Phone: 208/756-5421 Fax: 208/756-5436 Email: gloria_jakovac@blm.gov
BLM Pocatello Field Office
Candi Miracle Realty Specialist	4350 S. Cliffs Drive Pocatello, ID 83204	Phone: 208/478-6357 Fax: 208/478-6376 Email: candi_miracle@blm.gov
BLM TWIN fALLS District
BLM Burley Field Office
*Scott Barker Realty Specialist	15 East 200 South Burley, ID 83318	Phone: 208/677-6678 Fax: 208/677-6699 Email: scott_barker@blm.gov
Vacant Realty Specialist	15 East 200 South Burley, ID 83318	Phone: 208/677- Fax: 208/677-6699 Email: @blm.gov
BLM Jarbidge Field Office
Fred Pence Realty Specialist	2620 Kimberly Road Twin Falls, ID 83301	Phone: 208/736-2360 Fax: 208/736-2375 Email: fred_pence@blm.gov
BLM Shoshone Field Office
Debra Kovar Realty Specialist	400 West F Street PO Box 2-B Shoshone, ID 83352	Phone: 208/732-7201 Fax: 208/732-7317 Email: debra_kovar@blm.gov
Tara Hagen Realty Specialist	Same	Phone: 208/732-7205 Fax: 208/732-7317 Email: tara_hagen@blm.gov
US FOREST SERVICE
USFS NORTHERN REGION (1)
Terry Egenhoff Realty Specialist	Northern Region P.O. Box 7669 Missoula, MT 59807-7669	Phone: 406/329-3601 Fax: 406/329-3132 Email: tegenhoff@fs.fed.us
Clearwater National Forest
Roberta Morin Realty Specialist	12730 Highway 12 Orofino, ID 83544	Phone: 208/476-8354 Fax: 208/476-8329Email: rmorin@fs.fed.us
Idaho Panhandle National Forests
Tom Ball	3815 Schreiber Way Coeur d'Alene, ID 83815-8363	Phone: 208/765-7289 Fax: 208/765-7307 Email: teball@fs.fed.us
Nez Perce National Forest
Mike Cook	Route 2, Box 475 Grangeville, ID 83530	Phone: 208/983-1950 Fax: 208/983-4099 Email: mjcook@fs.fed.us
USFS INTERMOUNTAIN REGION (4)
David Ream Special Uses	324 25th Street Ogden, UT 84401	Phone: 801/625-5688 Fax: 801/625-5378 Email: dream@fs.fed.us
Kay Shurtz Transportation Engineer	Same	Phone: 801/625-5222 Fax: 801/625-5229 Email: kshurtz@fs.fed.us
Boise National Forest
Jeff Alexander Christensen Forest Engineer	1249 S. Vinnell Way Suite 200 Boise, ID 83709	Phone: 208/373-4141 Fax: 208/373-4114 Email: jalexander@fs.fed.us
Alan Tschida Realty Specialist	1249 S. Vinnell Way Suite 200 Boise, ID 83709	Phone: 208/373-4250 Fax: 208/373-4114 Email: atschida@fs.fed.us
Payette National Forest
Susan Rainville Forest Supervisor	800 West Lakeside Ave Box 1026 McCall, ID 83638	Phone: 208/634-0700 Fax: 208/634-0744 Email: srainville@fs.fed.us
Sawtooth National Forest
Terry Clark	2647 Kimberly Road East Twin Falls, ID 83301-7676	Phone: 208/737-3216 Fax: 208/737-3236 Email: toclark@fs.fed.us
Caribou-Targhee National Forest
Brent Larson Forest Supervisor	1405 Hollipark Drive Idaho Falls, ID 83401-2100	Phone: 208/524-7500 Fax: Email: blarson@fs.fed.us
Salmon-Challis National Forest
Frank Guzman Forest Supervisor	50 Highway 93 South Box 729 Salmon, ID 83467-0729	Phone: 208/756-5100 Fax: 208/756-5151 Email: fguzman@fs.fed.us

ATTACHMENT 2

IDAHO PLAT SPECIFICATIONS FOR

BLM AND USFS FEDERAL LAND TRANSFERS

Easement plats are used to identify the boundaries of Federal lands approved for transportation related activities. These easements are granted by the Federal Highway Administration to States across Public Lands administered by the BLM or National Forest System (NFS) Lands administered by the Forest Service. To ensure permanence in the location of these easements, the plats shall contain sufficient survey information for a subsequent resurvey. To this end, these plats¹ shall contain² the following information:

1. Title block containing federal aid number, project designation, etc.

2. Master sheet showing relation of each sheet to others (when applicable).

3. Sheet number of each sheet and total number of sheets, e.g., 1 of 3, etc.

4. Vicinity map showing project location in relation to nearby cities, towns, or prominent natural features (when applicable).

5. Legend explaining any symbols used.

6. Scale.³

7. North arrow, state, county, meridian, township, range, and section(s).

8. Reported bearings shall be true or grid bearings derived from GPS or astronomic observations or control ties to existing control nets. For grid bearings, either a project mapping angle or the actual mapping angle at a coordinated corner shall be provided on each sheet.

9. Centerline geometry (curve elements and bearing and length of tangent) with specified width from centerline to easement boundary at each change of width and stationing of change point or, as an alternative, the bearings and distances along each easement boundary.

10. Ties to the Public Land Survey System (PLSS). Show only surveyed PLSS ties to the centerline where the easement crosses each Federal Land property boundary between private and federal interests. These boundaries include subdivision of sections lines, reservation boundaries, and various types of metes and bounds surveys. No scaled or calculated ties shall be shown. Graphic locations of corners, without tie information, can be shown in solid NFS or BLM ownership where no ties are made. Regardless of solid federal ownership, a tie to the PLSS shall occur not less than one corner for every two sections crossed, except through areas (townships) where the PLSS remains unsurveyed.

11. Geo-references and the method of geo-referencing, by annotating points along the right-of-way at centerline stations with coordinate pairs. This shall require, at a minimum, two points for the entire project (plat) and at least one point per sheet for a multi-sheet plat. If the plat is based on a plane coordinate projection, indicate the projection, system and zone, and datum used (e.g., US State Plane, Idaho West, NAD83(1999)). If geographic coordinates are used to reference the plat (i.e., latitude and longitude), indicate the datum used.

12. Legal description of each parcel of NFS or BLM land crossed (40-acre aliquot part or government lot, or the appropriate irregular metes and bounds tract, as a minimum). NFS parcels should be labeled "NFSL" and BLM parcels should be labeled "BLM."

13. Acreage of easement on NFS and/or BLM land (may be stated "approximately" when servient parcel is unsurveyed).

14. Easement area identified by shading, crosshatching or other appropriate means reproducible in black and white. In realignment projects or other cases where new easement area would be granted adjacent to existing DOT easement area, the identification should show both new easement area requested and existing easement area to be retained.

15. Statement on each NFS or BLM property line showing how it was placed on the plat (by survey, projection of GLO record, other surveys of record, fence lines, etc.).

16. Approval for easement purposes by responsible Forest Service or BLM official(s) with date(s) of signing and title(s) of official(s).

17. Plat signed and stamped by a state licensed land surveyor or accepted and filed under federal authority.

18. Monuments placed on the easement boundaries shall be of a type that meets or exceeds minimum state monumentation standards for boundary surveys and be conducted by or under the direction of the surveyor responsible for the approved plat.

ATTACHMENT 3
STANDARD HIGHWAY EASEMENT DEED CONDITIONS

FOR USFS AND BLM FEDERAL LAND TRANSFERS IN IDAHO

1. If outstanding valid claims exist on the date of this grant, the Grantee shall obtain such permission as may be necessary on account of any such claims.
2. The use right herein authorized is limited to the described easement and the space above and below for highway purposes and does not include any use rights for non-highway purposes.
3. The easement granted herein is nonexclusive with the <INSERT FEDERAL LAND MANAGING AGENCY> retaining all rights to issue authorizations for uses not inconsistent or incompatible with highway use. The <INSERT FEDERAL LAND MANAGING AGENCY> shall consult with the Grantee on appropriate stipulations to protect the roadway facility prior to the issuance of such authorization.
4. The Grantee and the <INSERT FEDERAL LAND MANAGING AGENCY> shall determine the necessity for archaeological and paleontological reconnaissance and salvage within the easement, and the Grantee shall undertake such reconnaissance and salvage to the extent determined necessary because of construction of the highway facility, in compliance with the acts entitled "An Act for the Preservation of American Antiquities," approved June 8, 1906 (34 Stat. 225, 16 U.S.C 432-433), the "Archaeological Resources Protection Act of 1979," as amended (93 Stat. 721, 16 U.S.C. 470aa-470mm), the "Native American Graves Protection and Repatriation Act," as amended (104 Stat. 3048, 75 U.S.C. 3001-3013), and State laws where applicable. In the event of discovery of potential sites, the Grantee shall contact the <INSERT FEDERAL LAND MANAGING AGENCY CONTACT INFO>.
5. The Grantee shall submit for review and approval by the <INSERT FEDERAL LAND MANAGING AGENCY> plans for those features of design, construction, and maintenance of the highway facility and use of the right-of-way by the Grantee that would have an effect on the protection and utilization of land under the administration of the <INSERT FEDERAL LAND MANAGING AGENCY>, including land outside of the easement. Prior to start of construction, the Grantee shall revise, modify, or supplement such plans to meet the approval of the <INSERT FEDERAL LAND MANAGING AGENCY>, or when deemed appropriate, enter into written stipulations between the <INSERT FEDERAL LAND MANAGING AGENCY> and the Grantee.
6. 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 easement, without advance written approval of the <INSERT FEDERAL LAND MANAGING AGENCY>.
7. The <INSERT FEDERAL LAND MANAGING AGENCY>retains the right to any merchantable timber, mineral, and all other resource materials not specifically appropriated, within the boundaries of the easement. The Grantee shall notify the <INSERT FEDERAL LAND MANAGING AGENCY> regarding which timber, mineral, or other resource materials within the easement are scheduled to be removed and the <INSERT FEDERAL LAND MANAGING AGENCY> shall determine whether a sale or other authorization for removal is appropriate.
8. The Grantee shall install and maintain all signing within the easement in accordance with the Manual on Uniform Traffic Control Devices. As provided by the <INSERT FEDERAL LAND MANAGING AGENCY>, the Grantee shall install signs to mark <INSERT FEDERAL LAND AREA DESIGNATION> boundaries (both for entering and leaving), intersecting <INSERT FEDERAL LAND MANAGING AGENCY> roads, directional signs to nearby <INSERT FEDERAL LAND MANAGING AGENCY> information facilities which are staffed throughout the year, and signs to geographic or recreation areas. The <INSERT FEDERAL LAND MANAGING AGENCY> reserves the right to install temporary signs for fire or other incident management purposes. The <INSERT FEDERAL LAND MANAGING AGENCY> also reserves the right to install information signs conforming to the Manual on Uniform Traffic Control Devices (MUTCD) on the portions of the easement outside of clear zone limits, however, such signs shall not be located on easements for the Interstate System. The <INSERT FEDERAL LAND MANAGING AGENCY> shall consult with the Grantee before installing information signs, and as soon as practicable before or after installing temporary incident signs.
9. Consistent with highway safety standards, the Grantee shall:
   1. Protect and preserve soil and vegetative cover and scenic and aesthetic values on the easement outside of construction limits.
   2. Provide for the prevention and control of soil erosion within the easement and adjacent lands that might be affected by the construction, operations, or maintenance of the highway.
   3. Ensure that all disturbed soil/vegetation areas are revegetated immediately after construction activity is completed.
10. The Grantee shall maintain the easement free of noxious weeds that have been identified in Federal, State, county, or local laws, regulations or orders. The Grantee shall control noxious weeds or other vegetation by means of chemicals only after consultation with the <INSERT FEDERAL LAND MANAGING AGENCY>. Consultation must address the time, method, chemicals, and the exact portion of the easement to be chemically treated.
11. The Grantee shall comply with all applicable Federal laws and regulations existing or hereafter enacted or promulgated. The Grantee shall be responsible for the removal and cleanup of hazardous spills originating within the highway easement, including those that extend beyond the boundaries of the easement to adjacent lands and resources managed by the <INSERT FEDERAL LAND MANAGING AGENCY>. The Grantee shall indemnify the United States against any liability arising from the release of any hazardous substance or hazardous waste (as these terms are defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. 9601 et seq. or the Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901 et seq.) on the right-of-way (unless the release or threatened release is wholly unrelated to Grantee's activity on the right-of-way). This agreement applies without regard to whether a release is caused by the holder, its agent, or unrelated third parties.
12. The Grantee, in consideration of the grant of this easement, does hereby covenant and agree as a covenant running with the land for itself and its successors that it will comply with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 242) and that:
    1. 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, and
    2. The Grantee shall use said easement 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, including any future amendments thereto.
13. The Grantee shall notify the <INSERT FEDERAL LAND MANAGING AGENCY> if the need for the highway easement, or segments thereof, no longer exists. Upon notification the <INSERT FEDERAL LAND MANAGING AGENCY> will either (1) accept the easement as is, or (2) if a roadway or other improvements are in place and are to be removed, identify rehabilitation standards that the Grantee must complete. Upon notice of <INSERT FEDERAL LAND MANAGING AGENCY> intent to accept the easement as-is, or upon notification of <INSERT FEDERAL LAND MANAGING AGENCY>acceptance of completed rehabilitation, the Grantee shall notify the Grantor, in writing, of its request to relinquish the easement. Upon acceptance of this notice of relinquishment by the Grantor, the easement will immediately revert to the <INSERT FEDERAL LAND MANAGING AGENCY>. The Grantor shall submit a formal relinquishment documents to the appropriate County Recorder's Office and to the Bureau of Land Management's Records Office (at the Bureau's State Office in Boise, Idaho) for notation to the official records.
14. This easement shall terminate if construction or use by the Grantee is not started within ten (10) years from the date of execution of this deed by the Grantor, unless agreed otherwise by the <INSERT FEDERAL LAND MANAGING AGENCY>.

ATTACHMENT 4
STANDARD MATERIALS SOURCE DEED CONDITIONS

FOR BLM FEDERAL LAND TRANSFERS IN IDAHO

1. If outstanding valid claims exist on the date of this grant, the Grantee shall obtain such permission as may be necessary on account of any such claims.
2. The use right herein authorized is limited to the described easement and the space above and below for the purpose of a materials source and/or associated access road and does not include the grant of any rights for non-highway purposes.
3. The easement granted herein is exclusive.
4. The Grantee and the Bureau of Land Management shall determine the necessity for archaeological and paleontological reconnaissance and salvage within the easement, and the Grantee shall undertake such reconnaissance and salvage to the extent determined necessary because of development of the materials source, in compliance with the acts entitled "An Act for the Preservation of American Antiquities," approved June 8, 1906 (34 Stat. 225, 16 U.S.C 432-433), the "Archaeological Resources Protection Act of 1979," as amended (93 Stat. 721, 16 U.S.C. 470aa-470mm), the "Native American Graves Protection and Repatriation Act," as amended (104 Stat. 3048, 75 U.S.C. 3001-3013), and State laws where applicable. In the event of discovery of potential sites, the Grantee shall contact the Bureau of Land Management contact.
5. The Grantee shall submit for review and approval by the Bureau of Land Management plans for those features of design, construction, and maintenance of the highway facility and use of the right-of-way by the Grantee that would have an effect on the protection and utilization of land under the administration of the Bureau of Land Management, including land outside of the easement. Prior to start of construction, the Grantee shall revise, modify, or supplement such plans to meet the approval of the Bureau of Land Management, or when deemed appropriate, enter into written stipulations between the Bureau of Land Management and the Grantee.
6. Consistent with highway safety standards, the Grantee shall:
   1. Protect and preserve soil and vegetative cover and scenic and aesthetic values on the easement outside of construction limits;
   2. Provide for the prevention and control of soil erosion within the easement and adjacent lands that might be affected by the materials source site or the associated access road;
7. The Grantee shall maintain the easement free of noxious weeds that have been identified in Federal, State, county, or local laws, regulations or orders. The Grantee shall control noxious weeds or other vegetation by means of chemicals only after consultation with the Bureau of Land Management. Consultation must address the time, method, chemicals, and the exact portion of the easement to be chemically treated.
8. The Grantee shall comply with all applicable Federal laws and regulations existing or hereafter enacted or promulgated. The Grantee shall be responsible for the removal and cleanup of hazardous spills originating within the highway easement, including those that extend beyond the boundaries of the easement to adjacent lands and resources managed by the Bureau of Land Management. The Grantee shall indemnify the United States against any liability arising from the release of any hazardous substance or hazardous waste (as these terms are defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. 9601 et seq. or the Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901 et seq.) on the right-of-way (unless the release or threatened release is wholly unrelated to Grantee's activity on the right-of-way). This agreement applies without regard to whether a release is caused by the holder, its agent, or unrelated third parties.
9. The Grantee, in consideration of the grant of this easement, does hereby covenant and agree as a covenant running with the land for itself and its successors that it will comply with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 242) and that:
   1. 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, and
   2. The Grantee shall use said easement 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, including any future amendments thereto.
10. The Grantee shall notify the Bureau of Land Management if the need for the highway easement, or segments thereof, no longer exists. Upon notification the Bureau of Land Management will either (1) accept the easement as is, or (2) if a roadway or other improvements are in place and are to be removed, identify rehabilitation standards that the Grantee must complete. Upon notice of Bureau of Land Management intent to accept the easement as-is, or upon notification of Bureau of Land Management acceptance of completed rehabilitation, the Grantee shall notify the Grantor, in writing, of its request to relinquish the easement. Upon acceptance of this notice of relinquishment by the Grantor, the easement will immediately revert to the Bureau of Land Management. The Grantor shall submit a formal relinquishment documents to the appropriate County Recorder's Office and to the Bureau of Land Management's Records Office (at the Bureau's State Office in Boise, Idaho) for notation to the official records.
11. This easement shall terminate if construction or use by the Grantee is not started within ten (10) years from the date of execution of this deed by the Grantor, unless agreed otherwise by the Bureau of Land Management.

ATTACHMENT 5

MEMORANDUM OF UNDERSTANDING

BETWEEN

UNITED STATES DEPARTMENT OF AGRICULTURE
Forest Service

and

UNITED STATES DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Regarding the Appropriation and Transfer of
National Forest System Lands for Highway Purposes

I. Purpose: The United States Department of Agriculture, Forest Service (hereinafter called the FS) and the United States Department of Transportation, Federal Highway Administration (hereinafter called the FHWA) recognize the need for streamlined, nationally consistent procedures by which the FHWA may appropriate National Forest System lands for the use of Interstate and certain highways under Chapters 1 and 2 of Title 23, United States Code (23 U.S.C.). Chapter 1 highways are owned, planned, developed, constructed, operated and maintained by State and local governments (hereinafter called State) ; the FHWA's responsibilities consist of transferring rights-of-way, providing funds for the construction of the facility, and ensuring compliance with Federal requirements. Forest highways are generally constructed by the FHWA and then transferred to State ownership and control. Within this agreement, the term Highway Agent is used to identify the organization that undertakes the construction and/or maintenance of the highway facility, which organization is typically a State or local government, or the Federal Lands Highway Office of the FHWA.

As a result of our mutual desire to reduce the time and effort of processing Federal land transfers for public projects, this Memorandum of Understanding (MOU) provides procedures by which the Secretary of Transportation, acting through the FHWA may appropriate and transfer, to States, National Forest System lands for highway rights-of-way. The appropriation is subject to conditions the Secretary of Agriculture, acting through the FS authorized officer, may deem necessary for adequate protection and utilization of National Forest System lands and protection of the public interest.

FS requirements imposed by this MOU on States will be 1) negotiated by the FS with the State; and 2) implemented pursuant to contractual requirements and guidance between the FHWA and the States.

II. Authority: The Act of August 27, 1958, as amended,
23 U.S.C., Sections 107(d), 204(f) and 317.

III. Procedures: Existing procedures for the development of forest highways are contained in the ?Memorandum of Understanding Related to Forest Highways Over National Forest Lands" dated May 11, 1981. This MOU amends and supplements the 1981 MOU, providing simplified appropriation/transfer procedures for both forest highways and Chapter 1 highways. The FHWA and the FS agree to the following procedures:

A. The Highway Agent will notify the FS, as far in advance as possible, of any highway project being contemplated and arrange a meeting with the FS, the FHWA, and the participating Highway Agent to discuss the proposal and to determine if the appropriation of the lands or interest in lands for the highway is consistent with the appropriate National Forest Land and Resource Management Plan (Forest Plan) . If the proposal is consistent with the Forest Plan, a time schedule will be developed to assure that the requested appropriation will be processed within a reasonable time. The time schedule will identify any reports, public scoping requirements, or other information required from the FHWA, the FS, or the Highway Agent.

If the proposal is not consistent with the Forest Plan, the FS will determine whether the proposal justifies a plan amendment. If so, then a time schedule will be developed for the FS to complete the plan amendment prior to processing the requested appropriation.

B. The FHWA or the Highway Agent is responsible for final approval of road design for both Chapter 1 and Chapter 2 highways.

C. In accordance with 23 CFR Part 771, 40 CFR 1501.6, and 1501.5(b), (c), and (e), it will be the responsibility of the FHWA to comply with the National Environmental Policy Act (NEPA) and other legal requirements in arriving at its determination that the lands are necessary for the project, and the FS will act as a cooperating agency or in limited situations as a joint lead agency in the development of any required NEPA document. The FHWA and the FS will coordinate on the determination of the appropriate environmental analysis.

D. The FHWA will submit to the FS, a detailed and documented request for lands needed for the project including lands required for temporary construction activities. This will include a map, a copy of the environmental documentation, and other required reports.

E. Within a period of four months, the FS will review the material submitted by the FHWA and will notify the FHWA, in writing, (a) that the FS is in agreement with the appropriation subject to terms and conditions for construction, operation and maintenance of the highway that assures adequate protection and utilization of National Forest System lands, or (b) that the action is inconsistent with the purposes for which the lands are being managed. If the FS has not responded, in writing, within a period of four months to the request for appropriation, the requested right-of-way will be deemed appropriated by the FHWA, for transfer to the Highway Agent.

F. The FS agrees to participate in the project development process once the required information has been presented by the Highway Agent and/or the FHWA. Every effort will be made by all parties to resolve major differences identified through this cooperation in the project development process. If agreement cannot be reached, the details of the disagreement must be stated in the form of a letter from the FS to the FHWA, within four months of the FHWA request for the right-of-way. This letter must clearly state the reasons why an appropriation would be contrary to the public interest or would be inconsistent with the purpose for which the National Forest System lands are being managed.

G. Forest Service agreement to the appropriation will be in the form of a "Letter of Consent" which clearly states the conditions under which the agreement is given and will be sent to both the FHWA and the State. These conditions involve the following considerations:

1. Any valid existing claims and/or use authorizations outstanding to third parties, not administratively waived by the FS, shall be eliminated.

2. The right-of-way should be nonexclusive with the FS retaining all rights to issue authorizations for uses not inconsistent or incompatible with highway use. The FS shall consult with the Highway Agent on appropriate stipulations to protect the roadway facility prior to the issuance of such authorization.

3. The FS will retain the right to any merchantable timber and all other resource materials not specifically appropriated, within the boundaries of the appropriation. The Highway Agent will notify the FS which timber or other resource materials within the appropriation are scheduled to be removed and the FS will determine whether a timber sale or other authorization for removal is appropriate

4. All signing within the right-of-way will be installed and maintained by the Highway Agent. The Highway Agent will provide signs to mark National Forest boundaries (both for entering and leaving) , intersecting Forest Service roads, directional signs to nearby National Forest information facilities which are staffed throughout the year, and signs to geographic or recreation areas. All signing will be in accordance with the Manual on Uniform Traffic Control Devices. Where feasible, the Highway Agent will install displays (panels or posters), furnished by the FS, at Interstate rest stops near National Forests.

5. The FS may provide conditions protecting the adjacent National Forest System lands from construction and maintenance activities which may cause off-right-of-way adverse effects, such as wildfire, chemical control of vegetation and animals, runoff drainage, and re-vegetation with nonnative species.

H. The FHWA shall provide in the contractual guidance between the FHWA and the State that the State is responsible for the removal and cleanup of all releases or threatened releases of hazardous substances originating on the highway right-of-way, including those that extend beyond the boundaries of the appropriated right-of-way to adjacent National Forest System lands and resources. The FHWA will not assume or undertake the construction or maintenance of any highway described in Section I unless the State has agreed to be responsible for the removal and cleanup of all releases or threatened releases of hazardous substances described in the previous sentence. In the event of threat or damage to adjacent National Forest System lands, the FS will notify the Highway Agent of its concerns and, if necessary, request assistance from the FHWA as provided in Section 111(J) of this MOU. Nothing in this MOU or the contractual guidance between the FHWA and the State shall affect the authority of the FS pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9601, et. seq., or any other law.

I. The Highway Agent, when constructing the highway will comply with the conditions set forth in the Letter of Consent. The FS, acting as the Agent for the FHWA, will be responsible for the monitoring and enforcement of these conditions, including written notification, to the Highway Agent, of violations of these conditions and any subsequent action necessary to enforce compliance of the conditions. If necessary, the FS will request assistance from the FHWA as provided in Section 111(1) of this MOU.

J. The highway easement deed issued by the FHWA will incorporate and subject the conveyance to the conditions and terms provided by the FS. The FS, acting as the Agent for the FHWA, will work directly with the Highway Agent in monitoring these conditions. If a Highway Agent is not complying with FS conditions, the FS will give notice of noncompliance. If the noncompliance is not corrected within 30 days, the FHWA upon notice from the FS will secure compliance informally or, if necessary, take action pursuant to 23 CFR 1.36.

K. An executed copy of the Highway Easement Deed issued by the FHWA to the Highway Agent will be furnished to the FS.

L. The Highway Agent will notify the FS when the need for the appropriation no longer exists. Upon notification the FS will either (1) accept the road as is, or (2) If a roadway or other improvements are in place and are to be removed, identify rehabilitation standards that the Highway Agent must complete. Upon completion of the rehabilitation and acceptance of same by the FS, the Highway Agent will notify the FHWA, in writing, of the relinquishment. In either case, upon receipt of this notice of relinquishment by the FHWA, the lands appropriated will immediately revert to the FS and a formal relinquishing document will be prepared.

M. The appropriation will terminate if construction is not started within twenty (20) years, unless agreed otherwise.

IV. Other MOUs: To the extent that it is inconsistent, this MOU amends and supersedes existing MOUs for Federal-aid and Forest highways.

This MOU expressly amends and replaces the following provisions in the "Memorandum of Understanding Related to Forest Highways over National Forest System Lands" signed May 11, 1981:

1. Relating to consent and appropriation, Item I - Final Plan Approval, and Item 2 - Right-of-Way (a) (b) (c), and

2. On-the-ground approval of deviation of the highway location without a Letter of Consent, Item 3 - Construction (e).

V. Term This MOU becomes effective upon signing by both agencies. Section III, items G(6) and K apply to existing and future appropriations. This MOU will remain in effect unless terminated by mutual agreement or by either agency giving the other agency thirty (30) days' prior written notice. Amendments to or modifications of this MOU may be initiated by either agency, but will not become effective or binding until agreed upon by both agencies.

ATTACHMENT 6

INTERAGENCY AGREEMENT

Bureau of Land Management
and
Federal Highway Administration

I. Purpose. This Interagency Agreement provides procedures by which the Secretary of Transportation acting through the Federal Highway Administration (FHWA) may appropriate public lands for highway rights-of-way and sources of materials for the Federal-aid Highway System and those classes of highways provided for in Chapter 2, 23 U.S.C. The lands appropriated are for use by the States for highways and/or highway material purposes. The appropriation is subject to conditions the Secretary of the Interior acting through the Bureau of Land Management (BLM) may deem necessary for adequate protection and utilization of the public land and protection of the public interest.

II. Authority.

1. The Federal Land Policy and Management Act of 1976, 90 Stat. 2766, 43 U.S.C. 1737.
2. The Act of August 27, 1958, as amended, 23 U.S.C., Sections 107(d) and 317.

III. Procedures. BLM and FHWA recognize the need for streamlined procedures by which the FHWA may appropriate BLM-administered public lands for highway and highway materials for the Federal-aid System and those classes of highways provided for in Chapter 2, 23 U.S.C. To accelerate the appropriation process, FHWA and BLM agree to the following procedures:

1. FHWA will notify BLM, as far in advance as possible, of any highway project being contemplated and arrange a meeting with the BLM authorized officer and the participating State agency to discuss the proposed project to ascertain whether or not the appropriation of the lands for highway or highway materials is consistent with BLM resource management programs and develop a plan of action to complete the appropriation within a reasonable time.
2. It will be the responsibility of FHWA to comply with the National Environmental Policy Act and other legal requirements in arriving at its determination that the lands are necessary for the project.
3. FHWA shall submit to the authorized officer of BLM a written request for appropriation, accompanied by a map showing the location of lands it desires to appropriate, a statement of its determination that the lands are necessary for the project, a copy of the environmental assessment, and/or a copy of the environmental impact statement.
4. The authorized officer of the BLM, after receipt of the request and attachments, shall review the material and, within a period of four months, notify FHWA, in writing, either (a) that the appropriation would be contrary to the public interest or inconsistent with the purposes for which the public lands or materials are being managed or (b) that BLM is in agreement with the appropriation subject to conditions of adequate protection and utilization of the public lands. If within a period of four months, the BLM has not responded, in writing, to the request for appropriation, such lands may be considered appropriated by FHWA and transferred to the State for right-of-way purposes as requested.
5. Disagreement to the appropriation will be in the form of a letter, from BLM to FHWA, clearly stating the reasons why such an appropriation would be contrary to the public interest or inconsistent with the purposes for which the public lands or materials are being managed.
6. Agreement to the appropriation will be in the form of a "Letter of Consent" which clearly states the conditions under which the agreement is given. These conditions involve the following:
   1. Resolution of existing valid claims and use authorizations.
   2. Granting authority to FHWA within the appropriation is limited to rights-of-way for the Federal-aid Highway System and those classes of highways provided for in Chapter 2, 23 U.S.C.
   3. BLM retains the authority to grant additional right-of-way uses within and across the appropriated highway or material site right-of-way. Such additional uses include, but are not limited to, transportation and utility systems for water, power, communications, oil and gas, or any other facilities which are in the public interest, are not directly associated with highway use, operation, and related highway purposes, and are not inconsistent with Title 23 of the U.S. Code. The FHWA shall be consulted prior to the issuance of such authorizations.
   4. The appropriation will automatically terminate if construction is not started within 10 years or sooner if agreed upon.
   5. Conditions providing for development and use of the adjacent public lands, such as, reasonable access and signing.
   6. Conditions protecting the adjacent public lands from right-of-way construction and maintenance activities which may cause off right-of-way adverse effects, such as, wildfire, chemical control of vegetation and animals, runoff drainage and, re-vegetation with non-native species.
7. FHWA, when transferring the highway right-of-way or highway material appropriation to the State, will make it subject to BLM's conditions as contained in the "Letter of Consent." FHWA will administer these conditions. BLM will work with or through FHWA when they observe non-compliance to the appropriation "Letter of Consent" conditions.
8. When the need for the appropriation no longer exists and the State has reasonably rehabilitated the area to protect the public and environment, FHWA will notify BLM in writing. Upon receipt of this notice and acceptance of the rehabilitation, the lands appropriated shall revert to the BLM.
9. A copy of the right-of-way use document from FHWA to the respective State shall be furnished to the BLM authorized officer.
10. Amendments to or modification of this Interagency Agreement may be initiated by either party, but shall not become effective or binding until agreed upon by both parties.

IV. Tenure. This document shall become affective upon the revocation of 43 CFR 2820-Roads and Highways and shall remain in effect unless terminated by mutual agreement or one agency after giving the other agency 30 days prior written notice.

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1 Where possible, the State should provide plats and plat data to the Federal land agencies in a digital format as well as in document form.

2 When older surveys of existing highways are used for easement applications, the application should discuss the difficulties in obtaining the listed specification data, explain any alternative methods used, and request an exception to those requirements, which cannot reasonably be met.

3 Bar scale is preferred to allow scaling in plat reductions.

Updated: 11/12/2021