· web viewexhibit 09 is a sample request for appraisal services for establishing a minimum bid...

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FOREST SERVICE HANDBOOKNATIONAL HEADQUARTERS (WO)

WASHINGTON, DCDRAFT – 07/2006

FSH 5509.11 – TITLE CLAIMS, SALES, AND GRANTS HANDBOOK

CHAPTER 20 – SALES

Amendment No.: The Directive Manager completes this field.

Effective Date: The Directive Manager completes this field.

Duration: This interim directive expires on mm/dd/yyyy.

Approved: NAME OF APPROVING OFFICIAL

Title of Approving Official

Date Approved: mm/dd/yyyy

Posting Instructions: Amendments are numbered consecutively by Handbook number and calendar year. Post by document at the end of the chapter. Retain this transmittal as the first page(s) of this document. The last amendment was xxxx.xx-xx-x to xxxxx.

New Document 5509.11. 26 xx Pages

Superseded Document(s) by Issuance Number and Effective Date

xx Pages

Digest: In order by code, summarize the main additions or revisions of direction in this amendment.

This amendment provides new policy and procedures for conveyances (sales) of lands and facilities under special authorities. It does not revise any existing direction.

AMENDMENT D R A F TEFFECTIVE DATE: DURATION: This amendment is effective until superseded or removed .

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FSH 5509.11- TITLE CLAIMS, SALES, AND GRANTS HANDBOOKCHAPTER 20 - SALES

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Table of Contents26 – SPECIAL ACT SALES............................................................................................4

26.01 – Authorities..................................................................................................................426.02 – Objectives...................................................................................................................526.03 – Policy..........................................................................................................................626.04 – Responsibilities...........................................................................................................726.04a – Washington Office....................................................................................................726.04b – Field Units.................................................................................................................826.05 – Definitions................................................................................................................10

26.1– COORDINATION WITH OTHER FEDERAL AND STATE AGENCIES.................1126.11 – General Services Administration..............................................................................1126.12 – Office of the General Counsel..................................................................................1226.13 – State Historic Preservation Office............................................................................1226.14 – State Department of Environmental Quality or Equivalent Agency........................12

26.2 – GENERAL PROCEDURES...........................................................................................1326.21 – Property Identification..............................................................................................1326.22 – Sale Implementation Strategy...................................................................................1426.23 – Oversight...................................................................................................................1526.24 – Valuation Services for Conveyances........................................................................1626.24a – Request for Appraisal Services...............................................................................1626.24b – Market Value..........................................................................................................1626.25 – Property Inspections................................................................................................1726.25a – Environmental Site Assessment..............................................................................1726.25b – Use and Occupancy Property Inspection................................................................1826.26 – Facilities....................................................................................................................2026.27 – National Environmental Policy Act..........................................................................2126.27a – Notice of Proposed Realty Action..........................................................................2126.27b – Categorical Exclusions...........................................................................................2226.27c – National Environmental Policy Act of 1969 Requirements Specific to the Forest

Service Realignment and Enhancement Act (FSFREA)...........................................2226.29 Tracking and Reporting..............................................................................................24

26.3 – COMPETITIVE SALE PROCEDURES........................................................................2426.31 -– Marketing and Advertising.....................................................................................2426.32 – Invitation for Bids.....................................................................................................2526.33 – Using Real Estate Brokers........................................................................................2526.33a – Utilization of Real Estate Brokers..........................................................................2626.33b - Scope of Work for the Real Estate Broker..............................................................2626.33c – Condition in the Real Estate Broker Contract.........................................................2826.33d – Real Estate Broker Commission.............................................................................2926.34 – Auctions....................................................................................................................2926.34a – Sealed Bid and Oral Auction..................................................................................2926.34b – Progressive Auction................................................................................................31


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26.34c – Bid Processing.........................................................................................................3126.4 – DIRECT SALE PROCEDURES...................................................................................32

26.41a – Agreement of Intent................................................................................................3326.5 – THE PURCHASE AND SALE AGREEMENT, QUITCLAIM DEED AND PATENT

.......................................................................................................................................3326.6 – CLOSING AND POST CLOSING PROCEDURES.....................................................34

26.61 – Escrow Closing.........................................................................................................3526.62 – Over-the-Counter Closing.........................................................................................3526.63 – Deposit and Expenditure of Special Act Sales Proceeds..........................................3526.64 – Post Closing Actions.................................................................................................36

26.7 – EXHIBITS......................................................................................................................36


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26 – SPECIAL ACT SALES

26.01 – Authorities

See FSM 5401 for general authorities to convey lands or interests in land through land exchange. See FSH 5509.11, chapter 20, for Townsite Act, Small Tracts Act, Education Land Grant Act, and authorities related to conveyances involving title claim resolution.

1. State-wide or National Forest Special Acts. Congress has enacted laws authorizing or directing the sale of National Forest System lands, including lands developed with administrative facilities. These laws are commonly limited to one State or National Forest and include a listing of specific properties. Each act has unique provisions that may require assistance from the Office of the General Counsel for interpretation. Some acts may contain an established expiration date, however, most do not expire, unless amended or rescinded, or until all identified properties are conveyed. Authority for sales has also been granted through provisions of annual Interior Appropriations Acts. (See sec. 26.7, ex. 01 for a list of Special Act Sale Authorities.)

2. Forest Service Facilities Realignment and Enhancement Act of 2005 (FSFREA). This authority was enacted on August 3, 2005 as Title V of the FY 2006 Interior and Related Agencies Appropriations Act (P.L. 109-54). FSFREA (sec. 26.7, ex. 02) provides that an unlimited number of administrative sites, and up to 10 isolated, undeveloped parcels per year acquired for administrative purposes, may be conveyed through sale or exchange. The maximum tract size for administrative sites or isolated parcels is 40 acres. Improvements may be conveyed with or without (offsite disposal) associated land. The authority to initiate conveyances under this act expires on September 30, 2008. Proceeds from sales or exchange are retained and may be used for the acquisition, improvement, maintenance, reconstruction, or construction of a facility or improvement for the National Forest System, and for costs associated with conveyances under this act, including brokerage services. Notice is required to various Congressional Committees and local governmental entities. Planned and accomplished conveyances will be identified in the annual Forest Service Budget Justification document.

3. Pilot Conveyance. Beginning in 2002 (Pub. L. 107-63, sec. 329(a)), and amended in subsequent fiscal years 2003, 2004 and 2005, the Interior and Related Agency Appropriations Acts have authorized the sale of a limited number administrative facilities and associated lands. Congress did not identify specific properties, but requires approval of properties selected as pilot conveyances by the House and Senate Appropriations Committees. Pilot Conveyance projects are nominated by the Regional Forester and selected by the Washington Office Director of Engineering, in consultation


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with the Director of Lands. The Pilot Conveyance authority (sec. 26.7, ex. 03) limits the use of proceeds, allowing only some of the proceeds to be used for construction of facilities, with the majority to be used for maintenance or rehabilitation of existing facilities. This authority was repealed by the FSFERA, (Section 503(g)), however, FSFERA provides that projects initiated under the Pilot Conveyance authority prior to September 30, 2006 may be completed under that authority or, if the property meets FSFERA criteria, may be completed under FSFERA. Proceeds from Pilot Conveyances may be used for FSFERA purposes.

26.02 – Objectives

See FSM 5402 for general direction concerning the objectives of the landownership adjustment program and FSM 5403 for general policy for the landownership adjustment program.

The objectives of the special act sales program are to:

1. Provide for the efficient conveyance of administrative facilities identified for decommissioning or otherwise specified for disposal in legislation.

2. Implement Congressional direction as specified in each authority.

3. Demonstrate the ability to implement and manage a land and administrative site sale program for the benefit of the public and the United States.

4. Provide opportunities for local and State governments to acquire administrative facilities.

5. Establish standards and procedures to protect the interests of the United States.

6. Obtain market value for all properties conveyed under special act sales authorities as determined by appraisal (FSM 5410) or competitive sale, unless otherwise precluded by law.

7. Provide a source of revenue for the maintenance, construction and rehabilitation of facilities, acquisition of lands, and other purposes authorized by law.


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26.03 – Policy

26.03 – Policy

1. Implementation of the special act sales shall be in compliance with all applicable laws, regulations, and policy normally associated with lands and realty transactions. Where there is a conflict between legislative language and current regulation or policy, the most recent legislative language shall prevail. The Office of the General Counsel should be consulted if language is not easily interpreted.

2. Unless mandated by legislation, sales of resource land shall be made only if conveyance does not conflict with the applicable Forest Land Management Plan and sales involving administrative sites and facilities shall be made in accordance with the current Forest Facility Master Plan (FMP).

3. Competitive procedures are preferred for all special act sales, and are required when the:

a. Regional Appraiser determines that the property is unique within the market with little or no comparable sale data available, and that competitive sale may result in a more reliable value estimate, or

b. Lands are within a developing, urbanized, transitional, or other area where land values are rapidly changing due to their location or desirability in the competitive market.

4. A non-competitive direct sale may be made only to an Indian Tribe, Federal, State or local governmental entity unless approved by the Washington Office Director of Lands.

5. Direct sales shall be discouraged as a normal sale procedure since they do not allow for equal opportunity to obtain property, broad exposure to the market and may not result in the Federal Government receiving the highest return for its property.

6. A sale implementation strategy (SIS) shall be developed for all planned sales. (sec. 26.22)

7. Ensure the broadest possible exposure of special act sale properties to the open market when they are offered competitively.

8. At a minimum, secure and protect developed properties scheduled for sale and, whenever practicable, improve their condition to increase their marketability.


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9. Third-party entities may provide services to the agency such as appraisal, if approved by the Regional Appraiser, survey, marketing and auction processes associated with the sale of special act properties. However, the agency shall maintain overall responsibility for public notice, acceptance of work products, valuation procedures, issuance of the decision, administrative appeal procedures, acceptance and award of high bid, and closing procedures of the sale.

10. All appraisal services for sales shall be in compliance with Forest Service policies and guidelines (FSM 5410 and FSH 5409.12).

11. Constraint and discretion shall be used with regard to the terms, conditions, and reservations placed on the conveyed Federal land, except where the inclusion of these provisions are required by law or for the protection of valid existing rights.

12. Ensure that adequate environmental analysis and public participation are conducted prior to issuing the Invitation to Bid for competitive sales, and prior to making an official offer to any party for a non-competitive direct sale (FSH 1909.15).

13. Competitive sale Invitations for Bid must include a minimum bid price provided by the assigned review appraiser in compliance with FSM 5410 and FSH 5409.12, Chapter 10, Section 14.6 and Chapter 40.

14. Direct Sales, when approved, shall be for a sales price based on an agency-approved appraisal report in compliance with FSM 5410 and FSH 5409.12, Chapter 10 and 14.6.

15. Ensure compliance with the provisions of Section 102(h) of the Comprehensive Environmental Response and Compensation and Liability Act of 1980 (CERCLA) (42 U.S.C. 9620(h)).

16. Ensure that excess administrative sites and research facilities are conveyed through appropriate land sale authorities for the benefit of existing or new administrative facilities.

26.04 – Responsibilities

26.04a – Washington Office

1. Director of Lands. The Director of Lands is responsible for approving all Sale Implementation Strategy Reports submitted by the Regional Forester for review by the National Landownership Adjustment Team, and for approving a request for non-competitive sale to a non-governmental entity.


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2. Chief Appraiser. In addition to the responsibilities in FSM 5404.15 and FSM 5410.41b, the Chief Appraiser, Lands Staff, Washington Office, is responsible for ensuring that special act sales comply with all statutory, regulatory, and Forest Service valuation requirements. The Chief Appraiser shall be a permanent member of the National Landownership Adjustment Team.

3. National Landownership Adjustment Team. The National Landownership Adjustment Team (NLAT) is responsible for:

a. Reviewing and concurring with the findings of Sale Implementation Strategy Reports submitted by the Regional Forester.

b. Providing review and guidance, as needed, to Regional landownership adjustment staff and real property management staff regarding sale case processing and documentation.

26.04b – Field Units

1. Regional Forester. The Regional Forester is responsible for:

a. Review and concurrence of sale implementation strategies and decision documents.

b. Developing, in coordination with the Office of the General Counsel, purchase and sale agreements, and deeds.

c. Execution of purchase and sale agreements and deeds.

d. Reporting of sale accomplishments to the WO.

e. Submitting required cases to the National Landownership Adjustment Team for review.

.

These functions may be delegated to the Regional Director of Lands or equivalent official.

2. Regional Director of Lands or Equivalent Official. The Regional Director of Lands or equivalent official is responsible for:


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a. General oversight of the special act sales program and establishing Regional procedures and policy direction.

b. Reviewing Sale Implementation Strategy Reports.

c. Approving Invitation for Bids (IFB) for land sales not involving administrative sites.

3. Regional Appraiser. The Regional Appraiser is responsible for:

a. Providing oversight, assistance, and advice on the sale implementation strategy, and other valuation services. This authority may be delegated to a staff qualified review appraiser.

b. Serving as the Contracting Officer’s Representative (COR) on appraisal contracts. This authority may be delegated to a staff qualified review appraiser.

4. Regional Property Management Officer. The Regional Property Management Officer is responsible for:

a. Conducting utilization surveys and providing real property management recommendations to the Regional Forester and Forest Supervisors.

b. Managing and conducting competitive sale procedures for the disposal of administrative sites and facilities.

c. Approving Invitation for Bids (IFB) for administrative site sales.

d. Approving and accepting the final bid for administrative site competitive land sales when the final bid meets or exceeds the minimum bid price.

5. Regional Environmental Engineer. The Regional Environmental Engineer is responsible for:

a. Providing oversight for all environmental site assessment activities in support of the sale of lands and improvements.

6. Regional Attorney (OGC). The Regional Attorney is responsible for


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a. Approving deed forms and any covenants, conditions, indemnifications, or deed restrictions/reservations.

b. Providing advice with respect to brokers contracts, Invitation for Bid, and other legal instruments.

7. Forest Supervisor. The Forest Supervisor is responsible for:

a. Recommending and identifying properties for decommissioning or conveyance through the Facility Master Planning (FMP) and other Forest Planning process.

b. Conducting appropriate studies and analyses (environmental site assessment, heritage, threatened and endangered species, and so forth), title, legal description review, and other property inspections.

c. Developing the Sale Implementation Strategy Report, Notice of Realty Action, Agreement of Intent, and other required documents. Accomplishes necessary newspaper publications and other public notices.

d. Unless responsibility is held in the Regional Office, executing (signs) sale decision documents after review and concurrence by the Regional Forester.

e. Providing recommendations concerning selection of best acceptable bid in competitive sale process.

f. Conducting sale closing and post closing actions.

g. Determining, in consultation with the Regional Forester, use of sale proceeds.

h. Preparing complete Requests for Appraisal Services, including requests for valuation consultation.

26.05 – Definitions

The following terms are used throughout this section as they apply specifically to special act sales. For this section the term conveyance is intended to imply sale. Additional definitions applicable to this section are found in Title 36 Code of Federal


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Register, Part 254; FSM 5410.5; FSM 5430.5; FSH 5409.13, section 30.5 and FSM 6440.

Administrative Site. The term “administrative site” means Federal land, improvements, and any associated facility and curtilage, which were acquired or used specifically for Forest Service administrative purposes such as forest headquarters, ranger stations, research stations and labs, dwellings, warehouses, scaling stations, parking areas, fire-retardant mixing stations, lookouts, visitor centers, guard stations, storage facilities, telecommunication facilities, or similar installations for conducting Forest Service activities. The definition of “administrative sites” that are authorized for conveyance pursuant to the FSFREA is contained in Section 502 of that act (see sec. 26.7, ex. 02.)

Competitive Sale. A competitive sale involves soliciting offers through an invitation for bids.

Direct Sale. A direct sale is a non-competitive sale offering the property to a specified party at the market value based upon an approved appraisal of the offered property. No bidding or other selection process is used.

Market Analysis. The term “Market Analysis” means the identification and study of the real estate market for a particular economic good or service.

Market Value. The amount in cash, or on terms reasonably equivalent to cash, for which in all probability the property would have sold on the effective date of the appraisal, after a reasonable exposure time on the open competitive market, from a willing and reasonably knowledgeable seller to a willing and reasonably knowledgeable buyer, with neither acting under any compulsion to buy or sell, giving due consideration to all available economic uses of the property at the time of the appraisal (FSM 5410.7, para. 2).

26.1– COORDINATION WITH OTHER FEDERAL AND STATE AGENCIES

26.11 – General Services AdministrationThe General Services Administration (GSA) is responsible for general administration and management of Federal real property under the Federal Property and Administrative Services Act of 1949 (Property Act) (40 U.S.C. 471, et seq.). This act established GSA as the agency responsible for disposal of real property no longer needed by a Federal agency where that Federal agency does not have its own disposal authority. Federal agencies are required to report “excess” real property to GSA for disposal under the Property Act. This requirement does not apply to National Forest


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System (NFS) lands authorized for conveyance under special legislation, including the Forest Service Facilities Realignment and Enhancement Act of 2005 (FSFREA) sales program.

In 2003, the Forest Service and GSA entered into a Master Service-wide Memorandum of Understanding, 03-SU-11132426-082 (sec. 26.7, ex.04) that provides for procurement of GSA’s services in marketing, auction, and other realty services. These realty services are authorized under the Economy Act and do not require that the property be submitted through the excess property process to receive GSA assistance. GSA is capable of providing a broad array of auction approaches, including online (preferred in most cases), bid by phone or fax, oral, and sealed bid auctions.

GSA is also a good source of information concerning property disposal. The GSA website (www.gsa.gov) contains information on a variety of property disposal topics, including an Environmental Guidebook for Realty Specialists. Current and upcoming GSA online auctions may be viewed at the www.auctionrp/auction2/ website.

26.12 – Office of the General Counsel

The Office of the General Counsel (OGC) is responsible for advising the Forest Service on all legal issues. Sale of land does not require a preliminary or final title opinion for the land being conveyed. However, OGC should be consulted regarding binding sale agreements, including the invitation for bid when uses in lieu of a purchase and sale agreement, and any conveyance documents, and should be involved in the preparation or review of non-standard terms and conditions used in the invitation for bid, purchase and sale agreement, and deeds. This is especially important when addressing indemnification of liability and disclosure of hazardous environmental conditions. Involve both Realty and Pollution Control Team attorneys in these situations.

26.13 – State Historic Preservation Office

The State Historic Preservation Office (SHPO) is responsible under the National Historic Preservation Act (NHPA) for review and concurrence of Forest Service reports and recommendations concerning disposal of properties containing significant cultural and historic resources that may be eligible for the National Register of Historic Places. Properties considered eligible may require mitigation through documentation, data recovery, long-term protection through deed restrictions, or retention in Federal ownership. SHPO should be consulted early in the process where eligibility is expected to facilitate a cooperative approach towards identifying the appropriate retention, mitigation or disposition strategy.

http://www.auctionrp/auction2/

http://www.gsa.gov/


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26.14 – State Department of Environmental Quality or Equivalent Agency

The State Departments of Environmental Quality (DEQ), or equivalent State agency, is responsible for concurrence with all termination of Federal government operations (TFGO) related findings that properties are “uncontaminated” by hazardous substances under Section 120(h)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (42 U.S.C. 9620). This consultation is generally required for all administrative site conveyances where termination of government operations is planned. Transaction screening worksheets and/or Phase I/II reports must be submitted for DEQ review no less than 6 months in advance of expected disposition of property. Concurrence is deemed obtained if the State does not respond within 90 days. Because of the Constitutional principle of Supremacy of the Federal Government, a State’s non-concurrence cannot prevent a Federal agency from transferring the property. In many cases the State will provide comments or a letter stating that no further action is needed. Although State approval is not required, the authorized officer should make every effort to address any comments or concerns offered by the State prior to conveyance (See sec. 26.17a and EM-2160-2, Forest Service Guide to Land Transactions, for additional information related to TFGO). Consult with the OGC Pollution Control Team concerning issues relating to obtaining State concurrences under CERCLA Section 120(h)(4).

26.2 – GENERAL PROCEDURES

The following are general procedures applicable to all disposals, unless different direction is stated by a specific legislative authority. Although these procedures are for sale of property, it is recognized that many special disposal statutes also authorize land exchange to accomplish the disposal. Unless alternative procedures are specified in the applicable disposal statute, land exchanges shall be conducted following procedures described in FSH 5409.13 Chapter 30.

For additional program direction, as well as budget direction related to the funding of special act sale processing, refer to USDA Forest Service - FY 2006 Program Direction, Permanent Appropriations, Working Funds, Land and Facility Enhancement Fund (EXSC/EXSL) (pp. 19-19 through 19-24).

26.21 – Property Identification

Property to be sold may be specifically identified in the applicable legislation. In most cases, all rights, title, and interest in the property are sold, including the mineral estate. Often reservations by the United States are needed to protect the public interest.


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When legislation identifies a specific property, but provides that the conveyance is discretionary, it may be determined, through the environmental or market analyses, that it is in the public interest to delay or phase a conveyance, or convey only certain portions of a property. Properties authorized under the 2002-2005 Pilot Conveyance authorities were selected through a nomination process that included concurrence from the House and Senate Interior Appropriation Committees. Planned, as well as completed Forest Service Facilities Realignment and Enhancement Act (FSFREA) properties, along with other administrative site properties conveyed under other authorities, will be identified in the annual Forest Service Budget Justification document.

26.22 – Sale Implementation Strategy

Once a property has been identified for possible sale, the Forest and/or Regional Office shall prepare a pre-decisional sale implementation strategy (SIS) for the proposal. The SIS is not an agency decision, but is an important planning tool for describing the sale proposal, considering the feasibility of the proposal, identifying methodologies, and proposing a schedule for processing and completion of the sale. It is similar to the feasibility analysis conducted for all Forest Service land exchange proposals and provides a framework for processing the sale proposal. The SIS will typically be prepared and submitted to the Regional Forester by the Forest Supervisor; however, the SIS may also be jointly developed between the Forest Supervisor and the Regional Director of Lands. A SIS Report must include the following:

1. A description of property (legal description and Federal Land Status Report).2. Compliance with Facility Master Plan and Forest Plan3. A discussion of the sale authority and requirements.4. Projected level of National Environmental Policy Act compliance (CE, EA,

EIS).5. A discussion of known or suspected environmental contamination issues,

known institutional engineering or land use controls affecting the property, and a description of the general condition of structures and other improvements.

6. Other known issues, complications, support, and opposition.7. A discussion of intended marketing strategy, including:

a. Reasonably foreseeable future use.b. Recommendations for selling as a whole versus parcelization.c. Sale method (including justification for direct or competitive sales).d. Advertising.e. Recommendation for contracting of realty services (GSA, real estate

broker).


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8. Valuation consultation.9. Proposed implementation schedule.

Section 26.7, exhibit 05 includes further explanation on developing a Sale Implementation Strategy. Pertinent supporting information shall be attached with the SIS. This includes maps, photos, Federal Land Status Report, land description verification, valuation consultation, environmental site assessment documents, if available, and an implementation schedule. Draft copies of other documents should be included, including, the drafts of the decision memo (if categorically excluded), invitation for bid or agreement of intent, purchase and sale agreement and quitclaim deed. Section. 26.7, exhibits 06, 07, and 08, provide examples of the proper format for SIS reports and implementation schedules for both competitive and direct sales. When an environmental assessment and decision notice will be prepared, there may be a need to delay the completion of the SIS to ensure consideration of mitigation measures or other pertinent information that will be developed as a result of the environmental analysis. In all cases, the SIS can be utilized as both a feasibility analysis and an action plan.

The SIS shall be developed in coordination with the Regional Appraiser, Regional Real Property Program Manager, Regional Facilities Program Manager and Regional Lands Director. Regional Forester approval of the SIS and Sale Implementation Strategy Review Report (SISRR) must be obtained prior to being transmitted to the Washington Office for National Landownership Adjustment Team review.

26.23 – Oversight

All special act sales require oversight at the Regional and National levels, regardless of estimated market value. The Regional Forester, or when delegated, the Regional Director of Lands and Director of Acquisition Management, or equivalent, has the primary responsibility for oversight and is expected to ensure that sales meet the basic requirements of the applicable legislative authority, related legal requirements, and Forest Service policy and guidance. This oversight is evidenced by the review and preparation of a Regional SISRR and ongoing monitoring and participation throughout the sale process. Oversight by the Washington Office (WO) Director of Lands and the National Landownership Adjustment Team (NLAT) is streamlined from the process used for land exchanges (FSH 5409.13 ch. 30). The Washington Office Real Property Program Manager will serve as a permanent member of the NLAT for all administrative site sales and exchanges. A copy of the SISRR and sale implementation strategy report with attachments shall be forwarded to the WO Director of Lands and NLAT for review and approval to proceed prior to publishing the notice of proposed realty action (sec.


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26.17a). The Regional Forester shall ensure that any additional findings or requirements of the NLAT review are accomplished prior to completion of the sale. There will be additional oversight related to competitive sale marketing and auction processes. This oversight is the responsibility of the Washington Office Director of Acquisition Management (FSM 6440). The Regional Forester shall provide oversight for all remaining actions (sec. 26.04b).

26.24 – Valuation Services for Conveyances

Valuation for conveyances shall follow policy and procedures provided in FSM 5410 and FSH 5409.12. Unless directed otherwise by legislation, all special act sales shall be made at a price not less than market value. Early and continued consultation with the Regional Appraiser and appraisal staff assigned to the sale is essential to ensure achieving the most appropriate marketing strategy and valuation for the property. Informal discussion with the appraisal staff is encouraged throughout the sale process.

26.24a – Request for Appraisal Services

The authorized officer shall request valuation advice using the Request for Appraisal Services (RFAS) format during development of the Sale Implementation Strategy (SIS). The consultation RFAS should be accompanied with as much information about the sale proposal as possible, including a description of the property, improvements and the estate to be sold; the proposed method of sale and marketing; copies of draft terms, conditions and reservations to be included in the conveyance instrument; information about environmental site assessments (hazardous substances); heritage resources and other resource characteristics; and color copies of maps and photos of the property. Subsequent to NLAT approval of the SIS, the authorized officer shall prepare the RFAS requesting that an appraisal report be prepared for either direct or competitive sale. Section 26.7, exhibits 08 and 09, provide sample RFAS for valuation consultation, minimum bid price, or appraisal, for either a competitive or direct sale. Exhibit 08 can also be used to request a market analysis to meet NEPA requirements.

26.24b – Market Value

1. Direct Sales. For direct sales, the opinion of value in the Forest Service-approved appraisal report is the market value and sale price of the property.

2. Competitive Sales. For competitive sale proposals, the minimum bid price for the property shall be the price provided by the assigned review appraiser and


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include the date through which the minimum bid price is valid. The assigned review appraiser shall include a statement in the recommendation to the authorized officer similar to, “A final bid price that meets or exceeds the minimum bid price represents market value so long as the estate to be conveyed is the same estate that was analyzed by the assigned review appraiser in recommending the minimum bid price and is within the prescribed time frame.” This statement negates the need to go back to the valuation staff after acceptance of any bid that meets or exceeds the minimum bid price.

Values of property proposed for sale may change rapidly depending on local market factors. It is the responsibility of the assigned review appraiser to monitor market conditions and advise the authorized officer if there is a significant change in market conditions subsequent to providing the minimum bid price, but prior to sale. It is the responsibility of the authorized officer to advise the assigned review appraiser if the condition of the property proposed for sale changes.

26.25 – Property Inspections

26.25a – Environmental Site Assessment

1. Initial Planning. A critical part of the sale procedure is to conduct the appropriate environmental site assessment to determine the presence of hazardous substances and identify the need for cleanup or remedial action. The Authorized Officer or designee should make early contact with the Forest’s or Regional Environmental Engineer or Comprehensive Environmental Responses, Compensation and Liability Act (CERCLA) Coordinator to consult on the appropriate level of investigation and analysis needed to determine the environmental site condition, and offer input to the Sale Implementation Strategy.

2. Environmental Site Assessment. Guidance related to environmental site assessments may be found in the Forest Service Guide to Land Transactions, EM-2160-2, dated September 1999; Chief’s letter of October 31, 2002 (sec. 26.7, ex.11); Washington Office Director of Lands letter of March 14, 2003, Updated Transaction Screening Process for Land Adjustments Washington Office Director of Engineering letter of March (sec. 26.7, ex. 13); and 42 U.S.C. 9620(h) Requirements For Sale or Transfer of Real Property (sec. 26.7, ex. 23.)

Prior to issuance of the Decision, Invitation for Bids or Purchase and Sale Agreement, the Regional Environmental Engineer should review and approve environmental site assessment documentation and determine the need for mitigation or remediation.

3. Contaminated Property. If property is found to be contaminated, cleanup or other remedial action may be required before it can be sold. In some cases the proposed


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purchaser may agree to assume responsibility for clean up or remedial action. This is common in situations where existing buildings will be demolished and removed by the purchaser to allow for new construction. The purchaser may also be willing to conduct abatement actions to facilitate use of a property. These arrangements should be discussed with the Regional Environmental Engineer and Office of the General Counsel Pollution Control Team (OGCPCT), and proper wording must be included in the Invitation for Bids, Purchase and Sale agreement and deed. The purchaser may be given a limited period of time to complete cleanup or remedial actions and proof of completion is required. The Forest Service may have monitoring and enforcement obligations under these scenarios.

4. Lead Based Paint and Asbestos Construction and Building Materials. Section 504(d)(3) of the Forest Service Realignment and Enhancement Act of 2005 (FSFREA) exempts the agency from abatement of lead based paint or asbestos. However, risk assessments and disclosure are still required.

OGCPT must review and approve language related to notice, indemnification, access reservations, and other CERCLA related language included in the invitation for bid, purchase and sale agreement, and deeds.

26.25b – Use and Occupancy Property Inspection

Document all uses or occupancy observed and identify whether it is authorized under a Forest Service special use or grazing permit, other Federally issued license or permit (e.g. FERC), is an outstanding right, or is an encroachment or trespass. Include this information, along with any necessary curative actions, on the Federal Land Status Report. Disposition of all permits, licenses, withdrawals, or other encumbrances or outstanding rights must be disclosed in the Request for Appraisal Services (Section 26.24a). A Certificate of Possession (Form FS-5400-37) may be used to document the field inspection, but is not required if inspection results are included as a part of the Federal Land Status Report and Environmental Site Assesment/Transaction Screening Worksheets. The Certificate of Use and Consent for a Purchase, Donation or Land Exchange (Form FS-5400-29) is also not required for conveyances.

1. Forest Service Land Use Authorization. Actively encourage and facilitate an agreement for the disposition of permits, leases, or easements between the non-Federal purchaser and the authorization holder when considering the conveyance of National Forest System (NFS) lands being used and occupied pursuant to a special use authorization. When the revocation of a special use authorization is made a part of the land sale transaction, and it is determined that doing so is in the public interest, the action to revoke must be made pursuant to the terms and conditions of each


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authorization. Advance notice of such actions are required in 36 Code of Federal Regulations, section 251.60 (36 CFR 251.60). When the holder of an authorization is a party to the sale, document in the purchase and sale agreement the holder's intent to voluntarily revoke or terminate the authorization(s) upon or before conveyance of the Federal land to the non-Federal party.

2. Withdrawals. Do not convey NFS lands under withdrawal until the withdrawal is revoked or modified, except for lands withdrawn from entry under the general mining laws that do not require revocation. The authorized officer must submit an application to the Regional Office (43 CFR 2310.1-2) to initiate modification or revocation of a withdrawal (FSM 2370 and 2760).

a. Administrative Sites and Public Service Sites (Executive Order 10265). For administrative and public service sites follow the requirements in 43 CFR 2370 when requesting revocation. Early withdrawals (pre-1950) were usually from all forms of entry and removal must occur before the Federal land can be patented or deeded. This action generally takes 2 or more years. Withdrawals since 1950 (E.O.10265) were from mineral entry only and revocation is unnecessary if the lands are non-mineral in character or if the United States reserves the mineral rights.

b. Power Withdrawals. Generally, sites withdrawn for hydropower generation must be revoked or modified in accordance with Bureau of Land Management’s regulations at 43 CFR 2320 or Federal Energy Regulatory Commission’s (FERC) regulations at 18 CFR 25.1. However, lands may also be conveyed with the approval of FERC when the conveyance is made subject to the provisions of Section 24 of the Federal Power Act of June 10, 1920 (Federal Power Act), as amended (16 U.S.C. 818). (See Ch. 60 of this handbook.).

Lands withdrawn solely for existing or proposed power transmission lines do not require revocation as noted in the Federal Power Commission's General Determination of April 17, 1922. These lands may be exchanged without FERC approval, providing the conveyance is made subject to provisions of Section 24 of the Federal Power Act.


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c. Reclamation Withdrawal or Other Agency Withdrawals. Request the agency holding the withdrawals to revoke or modify the withdrawal. This action generally takes 6 to 9 months.

3. Outstanding Rights. Ensure that the use and occupancy allowed through a deeded outstanding right is consistent with the use and occupancy observed on the ground. For example, is the road located as it is described in the vesting deed? Discrepancies need to be addressed and resolved prior to conveyance whenever possible. Disclosure of known discrepancies should be noted in the Invitation for Bid (IFB), and if purchaser actions are necessary, also in the purchase and sale agreement. A purchaser may voluntarily accept the discrepancy, or agree to work out correction actions directly with the party holding the outstanding right.

4. Encroachments. When encroachments are discovered, the authorized officer shall resolve the encroachment prior to conveyance, as provided for in Forest Service Handbook 5509.11 Title Claims, Sales, and Grants, Chapter 10 Title Claims and Encroachment, and Chapter 20 Sales. A disclaimer of interest or quitclaim deed secured as a resolution of an encroachment shall be recorded and included with other title evidence given to the purchaser. In some cases, the purchaser may be willing to work directly with the encroaching party to provide for continued use under a lease, a separate direct sale, or some other resolution. Any encroachments that remain unresolved at the time of issuing the IFB must be disclosed in the IFB.

26.26 – Facilities

1. Protection of Offered Facilities. Many properties sold contain facilities, such as office buildings, residences, warehouses, and so forth. These facilities may be in use or may be vacant. The authorized officer should try to maintain and protect structures throughout the sale process as funding allows, in order to maximize the value of the property and minimize problems that may require cleanup or repair. Maintain a presence on the property to discourage vandalism and keep electrical power on if needed for heat, light, and protection of infrastructure. Regular monitoring of the property should be done, if vacant, especially once advertising begins.

2. Occupied Facilities. If facilities are currently occupied, the schedule for vacating the property prior to closing of the sale should be included in the implementation strategy. The privacy of tenants should be respected, and advance notice afforded tenants prior to any in-house or public inspections. Normally, the property should be vacated prior to closing of the sale transaction.

If during the sale process there are delays in the schedule for vacating the property, it is preferable to delay closing of the sale to coincide with the date the property will be


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vacated. Short delays (a month or two) should not be a problem. However, long delays could result in the need to update valuation and other information or result in additional maintenance costs. It may be possible to close the sale and delay possession of the property by the new owner until vacation is completed. However, this arrangement is not preferred since it complicates the situation and, if not clearly disclosed in the IFB, the purchaser could expect to be reimbursed for loss of use or income from the property.

3. Personal Property. All Forest Service personal property not considered a fixture or part of the property to be sold should be removed prior to sale. Any personal property to remain on the land should be listed in the IFB and purchase and sale agreement.

4. “As is” Condition. In most cases, improved properties will be sold “as is” with no warranties related to structures, fixtures or appliances, and so forth. The following paragraph should be included in all IFB documents:

The property is being offered for sale and will be sold “AS IS” and “WHERE IS” without representation, warranty, or guarantee as to quantity, quality, title, character, condition, size, or kind, or that the same is in condition or fit to be used for the purpose for which intended, and NO claim(s) for any allowance or deduction upon such grounds will be considered after the bid opening.

This language does not relieve responsibilities related to termination of government operations required by Section 120(h) of CERCLA, where applicable.

5. Curb Appeal. Cleaning up and maintaining the exterior and grounds of a facility can greatly enhance the market or “curb” appeal of a property, increasing market interest and possibly the ultimate sale price of the property. Likewise, cosmetic improvements to the exterior, as well as interior could be relatively inexpensive but yield big returns if the property becomes more appealing to bidders. Fresh paint, replacement of damaged light switches, receptacles, and window panes, removal of dead shrubs and debris, thorough cleaning of appliances and fixtures, and so forth may improve the overall marketability of a property.

26.27 – National Environmental Policy Act

Unless otherwise specified by the authorizing legislation, conveyances are subject to National Environmental Policy Act (NEPA) analysis with a formal decision being issued by the authorized officer.


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26.27a – Notice of Proposed Realty Action

As early as possible in the sale process, public notice of the proposed special act sale should be given. The notice of proposed realty action (notice) should be published one time in a newspaper of general circulation in the location of the property and sent to interested parties, including adjoining landowners, affected special use or grazing permit holders, Tribes, Federal agencies, State and local governmental entities, and the Congressional delegation. The notice should be published during the initial scoping period, and if categorically excluded from an environmental assessment or environmental impact statement, at least 60 days prior to offering the sale and should provide for a 30-day period for submission of pubic comments. Comments shall be considered in the environmental analysis. The notice should include citation of the sale authority, proposed method of sale, a general description of the property, description of improvements on the property, any terms, conditions, covenants or reservations to be made on the property, the name and address of an agency contact person who can provide additional information, and the name of prospective purchaser for direct sales. If applicable, the notice should include the disclosure that the sale will be categorically excluded. See Section 26.7, exhibit 14 for a sample of a Notice of Proposed Realty Action for competitive or direct sale.

For FSFREA administrative site sales, the authorized officer must consult with local governmental officials of the community in which the administrative site is located. This initial consultation should occur prior to publication of the notice of proposed realty action.

26.27b – Categorical Exclusions

If the reasonably foreseeable future use of the property will remain essentially the same as it was in Federal ownership, and there are no significant impacts to resource conditions which can give rise to extraordinary circumstances, then the conveyance action may be categorically excluded pursuant to FSH 1909.15, sec. 31.1b, para. 7. This determination will typically be based on the highest and best use of the property, identified in the valuation consultation, market analysis, or appraisal. See Sec. 26.27c for specific analysis requirements for FSFREA sales.

26.27c – National Environmental Policy Act of 1969 Requirements Specific to the Forest Service Realignment and Enhancement Act (FSFREA)

The following National Environmental Policy Act (NEPA) requirements must be addressed for all sales proposed for conveyance under the FSFREA. These requirements apply even when the


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sale may be categorically excluded from an EA or EIS. Conformance with these requirements must be documented in the sale decision document.

1. Analyze the most reasonably foreseeable use of the administrative site, as determined through market analysis;

2. Determine whether or not to reserve any right, title, or interest in the administrative site under Section 504(a)(3) of FSFREA; and

3. Evaluate the alternative of not conveying the administrative site, consistent with NEPA.

26.28 – Decisions to Approve or Disapprove a Land Sale Proposal

Special act sales may be mandated (shall do) or discretionary (may do) depending on the specific language in the legislation. When the sale is discretionary, the decision to approve or disapprove the land sale proposals vests with the authorized officer (FSM 5404.22). Decisions to approve should be based on an environmental analysis conducted in conformance with National Environmental Policy Act of 1970 (NEPA) (43 U.S.C. 4321(note)) and FSH 1909.15, however, an environmental analysis is not required to disapprove a discretionary land sale.

26.28a – Decision Documents

Reference FSH 1909.15 – Environmental Policy and Procedures Handbook for the appropriate decision documentation. When the conveyance is categorically excluded (26.27b) from conducting an environmental assessment or environmental impact statement, a decision memo or equivalent documentation should be prepared (sec. 26.7, ex. 15). Although the category itself does not require a case file or decision memo to document the NEPA analysis, the 5570 land transaction casefile must contain adequate documentation that the conveyance is in compliance with relevant laws and policies. A decision memo is one way to record this in one document.

In addition to the documentation requirements in FSH 1909.15, the decision document should contain:

1. As part of the description of the estate(s) being sold, include a discussion of any outstanding interests or reservations, such as, water rights to be conveyed, and so forth. (See 26.27c (2) for FSFREA). Disclose the physical location of the tracts relative to roads and towns and the county in which each tract is located.

2. A summary of public interest determination.


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3. For administrative sites, documentation that the proposed sale is consistent with the forest facilities master plan.

26.28b – Notice of the Sale Decision

When a decision on a land sale proposal is made, distribute the decision documents required by FSH 1909.15 and applicable appeal regulations. In addition, distribute the notice to the local and State units of government, authorized users of the involved Federal land, landowners with property adjoining the involved Federal lands, the prospective purchaser for a direct sale, the Congressional delegation, local governmental entities, and others as appropriate.

26.29 Tracking and Reporting

Regional Foresters shall track and report progress and accomplishment for all special act conveyances using the Facility Conveyance Tracking and Reporting Spreadsheet (sec. 26.7, ex. 22). This spreadsheet should be kept current and shall be submitted to the Washington Office Director of Lands at the end of the 2nd and 4th quarter of the fiscal year, and as requested to facilitate responses to Congress and other interested parties.

26.3 – COMPETITIVE SALE PROCEDURES

(This section of FSH 5509.11 will be moved to FSM 6440 prior to expiration).

26.31 -– Marketing and Advertising

An effective marketing and advertising plan is the key to a successful sale. The Regional or Forest Property Management Officer (PMO) shall develop a sales promotion and advertisement plan as part of the marketing strategy designed to expose the property to the largest number of potential bidders. Allow adequate time for full market exposure and for property inspections. Develop an attractive sales brochure using maps and color photographs detailing property attributes and instructions for requesting additional information. This should be done prior to/or in conjunction with development of the invitation for bids (IFB) and in proportion to the type of property and expected level of interest. For high value or complicated properties, it may be appropriate to put out the brochure well in advance of the actual sale to give interested parties an adequate time to plan for the purchase, obtain financing, or deal with restrictions or complications.


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Advertise broadly through legal notices; newspaper articles; notices posted at prominent locations; direct mailings to targeted groups, such as the local chamber of commerce, commercial real estate brokers, and other trade groups; and posting sales information and the IFB at Forest, Regional Office and Washington Office Internet sites. Newspaper advertising can be expensive, but may be justified for high value sale properties. Investing in advertising and marketing may more than pay for itself in higher bids. Advertising and marketing services may be available from some brokers and professional marketing companies through service contracts or task orders where the company is already on the GSA schedule. It may also be appropriate to prepare a news release to local newspapers.

26.32 – Invitation for Bids

The invitation for bid (IFB) provides specific information, including the terms and conditions related to the property sale procedures. The executed and accepted IFB establishes a legally binding contract between the successful bidder and the United States. The IFB should include all pertinent information about the property offered for sale, bidder requirements, including a minimum bid price, the scheduled starting date for bidding, approximate bid closing date, requirements and instructions for bidding, payment and other closing procedures. The IFB includes the legal description, description of improvements, outstanding rights, proposed reservations, and all other restrictions applying to the property to be sold. The IFB should also include directions to the property and dates the property will be open for inspection and include the name, address, and phone number of the contact person who can provide more information and answer questions. All IFBs must include the applicable Comprehensive Environmental Response, Compensation, and Liability Act notification and other information related to the environmental site assessment, as well as applicable indemnification clauses. The IFB should be sent to all known interested parties prior to opening of the competitive bidding process and throughout the competitive sale as requests are made.

The standard GSA format for the IFB is recommended, and can be easily tailored to an individual or group of properties. Care should be taken in drafting the IFB to ensure that it is consistent with Forest Service requirements and specific conditions related to hazardous substances and other reservations and covenants, if needed.

The IFB may ultimately serve as the binding purchase and sales contract if so described under the General Terms and Conditions - Closing provision of the IFB. The IFB must be reviewed and approved by OGC prior to distributing (see sec. 26.12).

See section 26.7, exhibit 16, for a sample IFB for a competitive sale.


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26.33 – Using Real Estate Brokers

Competitive procedures shall be used in the acquisition of real estate broker services in accordance with Federal Acquisition Regulations ((See 48 CFR ch. 1; FSH 6309.32 - FAR).

26.33a – Utilization of Real Estate Brokers

Utilization of a qualified real estate broker (broker) is encouraged, in conjunction with other appropriate tools, when the Forest Service elects to sell a property or properties without assistance from General Services Administration (GSA). The rationale for utilizing a broker instead of GSA should be outlined and justified in the marketing plan.

Brokers are not to be utilized for direct sales.

The scope in which a broker will assist should be clearly outlined and incorporated in the marketing and advertising plan as provided by the Regional or Forest PMO.

26.33b - Scope of Work for the Real Estate Broker

When utilized, a broker should serve as a catalyst to further expose the property to the largest number of potential bidders. This may be achieved through a variety of services offered by a broker. When deemed to be in the best interest of the project, a broker may be utilized in a limited capacity or a full-service capacity to facilitate the sale.

Most brokers subscribe to Multiple Listing Services. The Multiple Listing Service (MLS) is the primary tool real estate agents utilize to locate available tracts for potential buyers and clients. In addition, when a property is input in the MLS, the tract is automatically published within a variety of real estate search engines and global websites; such as realtor.com.

1. Limited Capacity Scenario

The PMO may only desire the broker to list the property in the MLS, with the PMO and Forest Service coordinating all other aspects of marketing and facilitation of the sale. Under this scenario, an upfront fee (not commission based) would be paid to a broker to list the property on the MLS with instructions and data as outlined by the PMO.


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When advertising on the MLS, the Forest Service should offer a commission to any licensed broker procuring a successful buyer with the commission to be paid upon closing the transaction. If a commission is not offered, there will be no incentive for a broker to bring the Forest Service a buyer. In this limited service capacity, a reasonable commission should consist of approximately 50% of the customary commission a landowner would typically pay a broker to list their property and facilitate all aspects of the sale. The commission offered in this limited service capacity may range between 1% and 3% of the purchase price.

Bidding instructions, along with appropriate Forest Service contact information, should be state within the Multiple Listing Service data sheet. The PMO should review and approve the draft MLS submittal before it is finalized and submitted in the MLS. The broker should also be provided a copy of the Invitation for Bid to provide potential bidders or other brokers that may contact his office directly.

In the event the Forest Service procures a buyer for the property when using a broker in a limited capacity, no commissions would be owed to any broker.

2. Full Service Capacity

The PMO may desire a broker to assume a greater role in facilitating the sale process. Under this scenario, the selected broker may be the primary contact/facilitator with the public throughout the competitive sale process as instructed by the PMO.

Working through appropriate Federal Acquisition Regulations a broker would be selected based upon a scope of services outlining the expectations of the PMO. In addition, broker candidates being considered would be evaluated based on multiple criteria and information provided. The following criteria should be evaluated prior to awarding the assignment to any broker to be utilized in more than a limited capacity:

a. Commission fee b. Schedule of sales promotion and advertisingc. Multiple listing service subscription/subscriptionsd. Knowledge/experience within market areae. Escrow account capabilitiesf. Accessibility g. Any additional skills and services benefiting project

Once selected, the broker would initiate the assignment in accordance with their contract and letter of engagement from the PMO. There are several variations in which a broker may be


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utilized in this full service capacity. The extent in which the broker is to be utilized must be clearly outlined in the marketing and advertising plan.

In a sealed bid scenario, it is recommended sealed bids be sent directly to the PMO or designated Forest Service staff to protect the integrity of the sealed bid process. Once opened and reviewed by the Forest Service, the PMO may, depending on the scope of services to be provided, have the broker notify the successful bidder to facilitate signature of the Forest Service contract, if the Invitation for Bid is not to serve as the contract. The broker would then return the contract to the Forest Service for processing.

A closing involving a broker to be utilized in any capacity is most easily coordinated through a title company or escrow/closing agent. Upon closing, the escrow/closing agent will disburse 100% of the proceeds to the Forest Service who will then pay its portion of closing fees, including commissions, under separate payment.. This would be reflected within the closing statement generated by the escrow/closing agent.

26.33c – Condition in the Real Estate Broker Contract

The contract must state whether the property is to be offered as a whole or as separate marketable units and identify any other terms or conditions affecting the conveyance. The PMO shall determine the time within which the first public advertising of the property is made. The PMO must identify the term in which the broker is expected to market and facilitate the competitive sale process. The term will be based on the circumstances of the individual case but the original term should not exceed 12 months.

Depending on the scope of services to be provided by the broker, the Forest Service field unit may provide the broker with title information, inspection and other related reports prepared for the property, a list of prospective purchasers and any brochures, pamphlets, photographs, or other promotional material previously published by the agency. The PMO establishes the minimum bid price, in consultation with the assigned review appraiser and broker.

The contract with the broker shall make it clear the Forest Service:

1. Reserves the right to negotiate directly with any prospective buyer.2. Has the sole responsibility to accept or reject any bid and to commit the Forest

Service to a bid proposal.

If a broker is working in a full-service capacity under contract with the Forest Service and the Forest Service elects to negotiate directly with a prospective buyer, the agreed to commission to be retained by the broker will not be affected. In this scenario, the broker would continue to be contractually obligated to work towards closure of the transaction, at the discretion of the PMO.


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The broker should be authorized to accept the earnest money deposit from any qualified bidder. Upon acceptance by the Forest Service of the winning bid, the broker will transmit the earnest money to the title company’s or closing agent’s escrow account following instructions provided in the contract or by the PMO. Earnest money deposits, if collected, should be returned to all rejected bidders in a timely manner. Procedures for the handling of earnest money deposits shall be described in the broker’s contract and letter of engagement.

26.33d – Real Estate Broker Commission

Real estate brokers (broker) are entitled to the payment of a commission for the consummation of a sale of the property as a percentage of the sale price or a scale for determining such commission in accordance with the terms and conditions of the contract and within the scale of fees customarily paid for such services in similar private market transactions. If the property is withdrawn from sale, or it is determined by the Government that it would be in the public interest to reject an offer otherwise acceptable as to the purchase price and responsibility of the bidder, the broker should be reimbursed for direct expenses incurred for advertising as documented.

26.34 – Auctions

Auctions are an open, competitive bidding approach and may be conducted using a sealed bid process, oral bidding process, electronic bidding process (online, phone or fax machine), or any combination of these approaches. Determination of the procedure should be made during the sale implementation strategy stage and involve the Property Management Officer (PMO) and assigned review appraiser. A minimum bid and required deposit will normally be stated in the invitation for bid (IFB). All sales are for cash consideration and only a cashier’s check, a certified check, or a bank/postal money order, in United States funds, may be accepted as payment.

26.34a – Sealed Bid and Oral Auction

In a sealed bid sale, qualified bidders may make only one bid which remains secret until the auction ends and sealed bids are publicly opened and considered by the authorized officer. If there is an acceptable high bid, one that meets or exceeds the minimum bid price, the PMO may accept that bid and award the sale.


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An oral auction allows for multiple bidding in an open environment and stops when the bid has met or exceeded the minimum bid price and no additional bids are made. The high bidder may be awarded the sale.

A combination of sealed bid and oral auction methods should be used together to give bidders a second chance to increase their bid and helps ensure that there are no tied bids at the end of the sale. Sale of lower value properties, such as small residences, may be accomplished with a sealed bid and/or oral auction conducted by the PMO using in-house staff or through a contracted auctioneer. When anticipating the sale of multiple similar properties within a common geographic area, consider grouping them together for one auction event. This may draw a broader audience.

Bids are solicited in a manner described in the IFB. The PMO is responsible for all in-house auctions and must ensure that qualified staff is present during the auction to handle checks and other funds.

1. Bid Opening and Recording. All sealed bids received are opened and logged in on the date specified. Certify that each bid and bid deposit meets all requirements as provide in the IFB. The PMO must account for all bid deposits and secure them with the unit collection officer. Once sealed bids are opened and recorded, the oral auction is conducted and oral bids are recorded in the same manner as the sealed bids. If an oral bid is the highest bid, require the bidder to submit the bid deposit immediately at the end of bidding.

2. Unsuccessful Bids. The PMO shall return all bid deposits to unsuccessful bidders with a written cover letter sent “Certified - Return Receipt Requested”.

3. Highest Acceptable Bid. The highest acceptable sealed or oral bid shall be declared and an offer to award the sale made within the time period allowed in the IFB. The award letter should be sent “Certified - Return Receipt Requested” mail and include the purchase and sale agreement, specific instructions on how to fill it out, and any other additional instructions needed to complete the conveyance (sec. 26.7, ex. 17). The award letter and purchase and sale agreement should normally allow for a period of 30 to 90 days for submitting the full purchase price for the property. For sales involving complicated issues, a longer period may be allowed for closing to provide added flexibility. If the longer period is not needed, a shorter closing date can be negotiated and specified in the Purchase and Sale Agreement. If the standard GSA IFB is used, the closing period is specified under the “General Terms and Conditions”, under the heading “Tender of Payment and Delivery of Instrument of Conveyance”. The GSA IFB also provides for an “interest payment” if closing is delayed by the successful purchaser under the heading of “Delayed Closing”. Issue a bill for collection for the final purchase price, less deposit, and any amount shown in the IFB for


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proponent administrative costs and provide receipt for payment for the bid guarantee and for administrative costs upon payment.

If no bids are received at or above the minimum bid price, the assigned review appraiser, in consultation with the Regional Appraiser, shall reanalyze the market in the context of the no-bid result and make a written recommendation to the authorized officer as to how to proceed with sale of the property.

4. Sale Closing. The sale closes as specified in the general procedures section upon submission of the full purchase price.

26.34b – Progressive Auction

The PMO should use the General Services Administration (GSA) for a progressive (online, phone, fax) auction for high value, high demand, and/or complex special act sales. This request may be made using the procedures outlined in the GSA Master Agreement (sec. 26.7, ex. 04).

26.34c – Bid Processing

1. Sealed and Oral Auction Bids. - For sealed bid and oral auction bid the Property Management Officer and appropriate staff will open bids, determine the acceptability of each bid, secure bid deposits, and identify the high bidder.

2. GSA Progressive Bids. - GSA forwards the highest bids to the PMO for consideration. The high bidder should be offered the property as soon as possible after close of bidding (sec. 26.7, ex. 17). If for some reason the high bid is not acceptable, or the high bidder withdraws from the sale, the second highest bidder becomes the high bidder. If the second bidder also drops out, the IFB should have a provision to continue down the line of bidders, with the bidder’s concurrence, until an offer to a qualified bidder is accepted at a price that represents market value, or a decision is made to cancel the sale or re-offer the property at a later time.

3. Rejection of Bids. The Forest Service may reject any bid made if determined that it is not responsive or not in the public interest. The IFB should include a provision that the agency may waive any minor technical defects in bids. Examples of situations where rejection of bids may be considered include:

a. Filing of bids beyond the date and time specified for bid opening.

b. A bid that did not include a bid guarantee.


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c. A bid in which collusion or price-fixing is suspected.

d. Failure to close within period of days allowed from bid acceptance.

e. Failure to execute the Purchase and Sale Contract, if required, in number of days allowed.

f. The party submitting a bid is later found to be unqualified or cannot be bound to a legally binding contract.

Rejection of the accepted bid after it has been awarded may require that the sale be re-advertised and subsequently offered again for competitive sale, or an award may be made to the second or next highest acceptable bidder from the initial offering. It is important to state which process will be used in the IFB.

4. Tie Bids. If two or more equal-value high bids meet all the requirements of the IFB, an award may be made by providing the high bidders with an opportunity to submit a written or oral bid modification. Under terms of the IFB, a modification which makes the terms of the otherwise successful bid more favorable to the government may be accepted any time it is received prior to award. Offer the tie bidders the opportunity to modify their bid in person or by written notice. Bid modifications that increase the amount of a bid already submitted must provide for an increased bid deposit. Procedures for modification of bid must be covered in the invitation for bids.

26.4 – DIRECT SALE PROCEDURES

Competitive sales are the preferred method of processing most conveyances. However, a non-competitive (direct) sale may be made to an Indian Tribe, Federal, State or local governmental entity when deemed to be in the public interest (sec. 26.03) and approved in advance by the Regional Forester. Direct sale to non-governmental entities will be considered on a case by case basis and must be approved by the Washington Office Director of Lands. The authorized officer’s sale implementation strategy report and decision document shall document the need and rationale for any direct sale. Examples of demonstrated need include:

1. The property is needed to protect the equities of current existing governmental entities holding a valid special use authorization.

2. The property is needed to provide an essential public service and other land is not available.


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3. The property is significantly encumbered by privately owned improvements authorized under a special use permit and revocation in the public interest is undesirable or unsupportable.

Procedures for direct sales will follow the General Procedures (sec. 26.2). An appraisal report reviewed and approved by the assigned Forest Service staff review appraiser is required to determine the sale price at market value for all direct sales.

Since an Invitation for Bid is not used for a direct sale, all of the terms and conditions of the sale must be covered in the purchase and sale agreement.

26.41a – Agreement of Intent

For all direct sales, an Agreement of Intent (sec. 26.7, ex. 18) is required prior to appraisal to set out the basic terms and conditions, responsibilities for accomplishing required actions, and the parties responsible for paying costs of processing the sale. This agreement is similar to the agreement to initiate a land exchange and ensures that the proposed governmental or other approved non-federal entity understands and accepts the intended sale procedures, such as use of a Federally approved appraisal to establish the sale price, an expectation of a full cash payment within a reasonable amount of time, and no availability of financing or discounting of the purchase price.

26.5 – THE PURCHASE AND SALE AGREEMENT, QUITCLAIM DEED AND PATENT

Except under rare circumstances, or unless otherwise authorized in the special sales act, a patent should be used whenever conveying lands with reserved public domain status. The Bureau of Land Management (BLM) issues all patents, as well as quitclaim deeds for lands acquired through General Exchange Act exchanges. Quitclaim deeds may be issued directly by the Forest Service when conveying lands with acquired status. Under certain limited circumstances, if legally permissible, the Forest Service may issue a quitclaim deed for a conveyance of public domain land, however, notice and submission of the deed and surveys to BLM are still needed to ensure the accuracy of land status records maintained by the BLM. Circumstances that may warrant issuance of a FS quitclaim deed instead of a patent would include a significant cost or time delay associated with completion of BLM surveys or patenting of public domain land. Consult with the Regional Surveyor in making this determination. Whenever possible, it is preferable to follow the normal patenting procedures.


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The Regional Forester or when delegated, the Regional Director of Lands, in consultation with the Property Management Officer for all competitive sales, shall ensure that the purchase and sale agreement, or the Invitation for Bid when serving as the purchase and sale contract, and quitclaim deed or patent are accurate, and that terms and conditions are described consistently between documents. Both documents must be reviewed and approved by the Office of the General Counsel (OGC) prior to distribution to the purchaser.

The draft quitclaim deed or patent should be prepared at the time the purchase and sale agreement or IFB is being finalized. Normally, the Forest/Land Adjustment Zone staff can draft the deed with assistance from OGC and the Regional Office Landownership Adjustment program manager or Title Examiner. As with other types of conveyances, reservations and restrictions should be kept to the minimum necessary to comply with law and regulations. Covenants required to protect wetlands and other resource values may be appropriate. Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) notices, reservations and covenants language must be included, if applicable. Consult with OGC Pollution Control Team to determine the applicability of CERCLA Section 120(h) requirements to a particular transaction and for the development of appropriate language for the purchase and sale agreement and deed or patent.

Upon purchaser’s signing of the purchase and sale agreement, the authorized officer shall submit the signed purchase and sale agreement, along with the draft quitclaim deed and other supporting case documents, to the Regional Forester or Regional Director of Lands for final execution. The quitclaim deed may be executed at the same time as the purchase and sale agreement is executed. Regional Office Lands shall provide copies of the executed Purchase and Sale Agreement to the Authorized Officer and Purchaser. Follow guidance in FSH 5409.13, sec. 37.42b when requesting the issuance of a patent or quitclaim deed from BLM.

The Regional Forester, or when delegated, the Regional Director of Lands will sign the quitclaim deed and return to the authorized officer along with specific closing instructions. See section 26.7, exhibit 19 for sample Purchase and Sale Agreement and exhibit 20 for sample closing instructions.

26.6 – CLOSING AND POST CLOSING PROCEDURES

The sale transaction may be closed through an escrow arrangement or over-the-counter, depending upon the complexity of the situation and the desire of the purchaser.


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Normally, the purchaser should pay for escrow and recording costs and the closing handled in accordance with the approved closing instructions (sec. 26.7, ex. 20).

26.61 – Escrow Closing

An escrow closing usually involves a simultaneous closing using a title company or attorney as an escrow officer. The purchase price, deed, and any other documents are simultaneously exchanged and documents recorded. The escrow officer shall be provided with escrow instructions approved by Regional Office and OGC (sec. 26.7, ex. 21). After closing, the escrow officer should provide a closing statement and copies of all recorded documents.

26.62 – Over-the-Counter Closing

Over-the-counter closing involves the authorized officer meeting with the purchaser and exchanging documents without use of an independent escrow officer. Closing instructions approved by the Regional Office and OGC shall be carefully followed to ensure proper closing. OGC should participate in closings as necessary. The authorized office shall ensure that proper payment is received and documents are properly recorded and copies provided to both parties.

26.63 – Deposit and Expenditure of Special Act Sales Proceeds

The final purchase price is submitted in the form specified in the IFB, purchase and sale agreement, and closing instructions. The fiscal staff is responsible for ensuring that collected proceeds are deposited into the proper account.

Most sale authorities specifically require the deposit of sale proceeds into a fund established under Public Law 90-171 (16 U.S. C. 484a) (commonly known as the “Sisk Act”.) In addition to the EXEX account, two fund codes have been established to facilitate deposits and subsequent spending of sale related proceeds. Proceeds from Forest Service Facilities Realignment and Enhancement Act (FSFREA) and Pilot Conveyance sales must be deposited into the EXSC account. Proceeds from all remaining special act sale authorities shall be deposited in the EXSL or EXEX account depending on the specific requirements for reappropriation. See Forest Service Handbook 6509.11g Appropriation Use and Annual Program Budget Advice (Permanent Appropriations, Working Funds) for additional guidance. Funds deposited into these accounts shall not be spent prior to their apportionment by the Treasury. Periodic apportionments will be requested based on balances posted to these accounts.


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The Regional Forester shall monitor the accounts and assist in determining how the funds will be used in consultation with the authorized officer to ensure that funds are used only as the legislation directs.

26.64 – Post Closing Actions

The authorized officer shall ensure that the following post closing actions have been accomplished:

1. All required documentation is in the official case file and information has been provided to the Regional Office for posting to the land status and INFRA records. A copy of the sale deed should also be sent to the Bureau of Land Management for notation of the official land status records.

2. All Forest Service personal property has been removed from the property sold.

3. Any outstanding Forest Service permits have been terminated or revoked.

4. Any required easements have been executed.

5. All pertinent title and inspection related documents have been provided to the purchaser.

6. Any required water rights transfer documents have been filed.

7. Forest Service boundary signs have been removed or posted.

26.7 – EXHIBITS

The exhibits in this section provide samples and templates for documents and forms used in the sales program.

1. Exhibit 01 . Exhibit 01 is a list of Special Act Sale Authorities.

2. Exhibit 02 . Exhibit 02 is a copy of the Forest Service Facilities Realignment and Enhancement Act of 2005 (FSFREA).

3. Exhibit 03 . Exhibit 03 is a copy of the Pilot Conveyance Act (P.L. 107-63).


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4. Exhibit 04 . Exhibit 04 is a GSA Master Agreement.

5. Exhibit 05 . Exhibit 05 provides a sample template for a Sale Implementation Strategy.

6. Exhibit 06 . Exhibit 06 is an Implementation Schedule for a Competitive Sale.

7. Exhibit 07 . Exhibit 07 is an Implementation Schedule for a Direct Sale.

8. Exhibit 08 . Exhibit 08 is a sample Request for Appraisal Services for a Valuation Consultation or Market Analysis for a competitive or direct sale.

9. Exhibit 09 . Exhibit 09 is a sample Request for Appraisal Services for establishing a minimum bid price recommendation for a competitive sale or appraisal for direct sale.

10. Exhibit 10 . Exhibit 10 is a Conveyance Responsibility Flowchart showing roles and key tasks for Lands, Property Management and the Line Officer.

11. Exhibit 11 . Exhibit 11 is a copy of the Washington Office Director of Lands letters of 10/31/2002 on Environmental Site Assessment and 3/14/2003 on Updated Transaction Screening Process.

12. Exhibit 12 . Exhibit 23 discusses the 42 U.S.C. 9620(h) Requirements for Conveyance or Transfer of Federal Real Property

13. Exhibit 13 . Exhibit 13 are the Minimum Requirements for Lead Based Paint and Asbestos Containing Materials for FSFREA projects

14. Exhibit 14 . Exhibit 14 is a sample Notice of Proposed Realty Action for a Competitive or Direct Sale.

15. Exhibit 15 . Exhibit 15 is a sample of a Decision Memo for Categorical Exclusion.

16. Exhibit 16 . Exhibit 16 is a sample Invitation for Bids for a Competitive Sale.

17. Exhibit 17 . Exhibit 17 is a sample letter for an offer or award for successful bid or offer.

18. Exhibit 18 . Exhibit 18 is a sample Agreement of Intent for a Direct Sale.


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19. Exhibit 19 . Exhibit 19 is a sample Purchase and Sale Agreement for Direct Sale.

20. Exhibit 20 . Exhibit 20 is sample closing instructions.

21. Exhibit 21 . Exhibit 21 is sample escrow instructions.

22. Exhibit 22 . Exhibit 22 is a sample of the Facilities Conveyance Tracking and Reporting Spreadsheet.

26.7 - Exhibit 01

SPECIAL ACT SALE AUTHORITIES

Region 1IDAHO PANHANDLE NATIONAL FOREST IMPROVEMENT ACT (P.L. 108-436)

Region 2BLACK HILLS AND ROCKY MOUNTAIN RESEARCH STATION IMPROVEMENT ACT (South Dakota) (P.L. 106-329)

Region 3ARIZONA NATIONAL FOREST IMPROVEMENT ACT OF 2000 (P.L. 106-458)

Region 4WASATCH-CACHE NATIONAL FOREST (Forest Service - Administrative Provisions Dept of the Interior and Related Agencies Appropriations Acts FY 2003-2006)

Region 6BEND PINE NURSERY LAND CONVEYANCE ACT (OREGON) (P.L. 106-526)

ROGUE RIVER NATIONAL FOREST (Oregon) (P.L. 105-282)

Region 8FLORIDA NATIONAL FOREST LAND MANAGEMENT ACT (P.L. 108-152)

OZARK-ST. FRANCIS AND OUCHITA NATIONAL FORESTS (P.L. 108-350)

MISSISSIPPI NATIONAL FOREST IMPROVEMENT ACT OF 1999 (Title IV Sec 401-403 of FY 1999 Dept of the Interior and Related Agencies Appropriations Act)


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NATIONAL FORESTS OF TEXAS (P.L. 106-330)

VIRGINIA (P.L. 105-171)

Region 9GREEN MOUNTAIN NATIONAL FOREST (Vermont) (Forest Service – Administrative Provisions, Department of the Interior and Related Agencies Appropriation Acts FY 2002-2006)


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26.7 - Exhibit 02

FOREST SERVICE FACILITIES REALIGNMENT AND ENHANCEMENT ACT OF 2005 (FSFREA))

TITLE V--FOREST SERVICE FACILITY REALIGNMENT AND ENHANCEMENTSECTION 501. SHORT TITLE.

This title may be cited as the `Forest Service Facility Realignment and Enhancement Act of 2005'.

SEC. 502. DEFINITIONS.In this title:

(1) ADMINISTRATIVE SITE- The term `administrative site' means--(A) any facility or improvement, including curtilage, that was acquired or is used

specifically for purposes of administration of the National Forest System;(B) any Federal land associated with a facility or improvement described in

subparagraph (A) that was acquired or is used specifically for purposes of administration of Forest Service activities and underlies or abuts the facility or improvement; or

(C) not more than 10 isolated, undeveloped parcels per fiscal year of not more than 40 acres each that were acquired or used for purposes of administration of Forest Service activities, but are not being so utilized, such as vacant lots outside of the proclaimed boundary of a unit of the National Forest System.

(2) FACILITY OR IMPROVEMENT- The term `facility or improvement' includes-(A) a forest headquarters;(B) a ranger station;(C) a research station or laboratory;(D) a dwelling;(E) a warehouse;(F) a scaling station;(G) a fire-retardant mixing station;(H) a fire-lookout station;(I) a guard station;(J) a storage facility;(K) a telecommunication facility; and(L) other administrative installations for conducting Forest Service activities.

(3) MARKET ANALYSIS- The term `market analysis' means the identification and study of the real estate market for a particular economic good or service.

(4) SECRETARY- The term `Secretary' means the Secretary of Agriculture.


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26.7 - Exhibit 02 – Continued

SEC. 503. AUTHORIZATION FOR CONVEYANCE OF FOREST SERVICE ADMINISTRATIVE SITES.

(a) Conveyances Authorized- In the manner provided by this title, the Secretary may convey an administrative site, or an interest in an administrative site, that is under the jurisdiction of the Secretary.

(b) Means of Conveyance- The conveyance of an administrative site under this title may be made--

(1) by sale;(2) by lease;(3) by exchange;(4) by a combination of sale and exchange; or(5) by such other means as the Secretary considers appropriate.

(c) Size of Conveyance- An administrative site or compound of administrative sites disposed of in a single conveyance under this title may not exceed 40 acres.

(d) Certain Lands Excluded- The following Federal land may not be conveyed under this title:

(1) Any land within a unit of the National Forest System that is exclusively designated for natural area or recreational purposes.

(2) Any land included within the National Wilderness Preservation System, the Wild and Scenic River System, or a National Monument.

(3) Any land that the Secretary determines--(A) is needed for resource management purposes or to provide access to

other land or water;(B) is surrounded by National Forest System land or other publicly owned

land, if conveyance would not be in the public interest due to the creation of a non-Federal inholding that would preclude the efficient management of the surrounding land; or

(C) would be in the public interest to retain.(e) Congressional Notifications-

(1) NOTICE OF ANTICIPATED USE OF AUTHORITY- As part of the annual budget justification documents provided to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate, the Secretary shall include-

(A) a list of the anticipated conveyances to be made, including the anticipated revenue that may be obtained, using the authority provided by this title or other conveyance authorities available to the Secretary;

(B) a discussion of the intended purposes of any new revenue obtained using this authority or other conveyance authorities available to the Secretary, and a list of any individual projects that exceed $500,000; and


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(C) a presentation of accomplishments of previous years using this authority or other conveyance authorities available to the Secretary.(2) NOTICE OF CHANGES TO CONVEYANCE LIST- If the Secretary

proposes to convey an administrative site under this title or using other conveyance authorities available to the Secretary and the administrative site is not included on a list provided under paragraph (1)(A), the Secretary shall submit to the congressional committees specified in paragraph (3) written notice of the proposed conveyance, including the anticipated revenue that may be obtained from the conveyance.

(3) NOTICE OF USE OF AUTHORITY- At least once a year, the Secretary shall submit to the Committee on Agriculture, the Committee on Appropriations, and the Committee on Resources of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry, the Committee on Appropriations, and the Committee on Energy and Natural Resources of the Senate a report containing a description of all conveyances of National Forest System land made by the Secretary under this title or other conveyance authorities during the period covered by the report. (f) Duration of Authority- The authority of the Secretary to initiate the conveyance of an

administrative site under this title expires on September 30, 2008.(g) Repeal of Pilot Conveyance Authority- Effective September 30, 2006, section 329 of

the Department of the Interior and Related Agencies Appropriations Act, 2002 (16 U.S.C. 580d note; Public Law 107-63), is repealed. Notwithstanding the repeal of such section, the Secretary may complete the conveyance under such section of any administrative site whose conveyance was initiated under such section before that date.

SEC. 504. CONVEYANCE REQUIREMENTS.(a) Configuration of Administrative Sites-

(1) CONFIGURATION- To facilitate the conveyance of an administrative site under this title, the Secretary may configure the administrative site--

(A) to maximize the marketability of the administrative site; and(B) to achieve management objectives.

(2) SEPARATE TREATMENT OF FACILITY OR IMPROVEMENT- A facility or improvement on an administrative site to be conveyed under this title may be severed from the land and disposed of in a separate conveyance.

(3) RESERVATION OF INTERESTS- In conveying an administrative site under this title, the Secretary may reserve such right, title, and interest in and to the administrative site as the Secretary determines to be necessary.(b) Consideration-

(1) CONSIDERATION REQUIRED- A person or entity acquiring an administrative site under this title shall provide to the Secretary consideration in an


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amount that is at least equal to the market value of the administrative site. (2) FORM OF CONSIDERATION-

(A) SALE- Consideration for an administrative site conveyed by sale under this title shall be paid in cash on conveyance of the administrative site.

(B) EXCHANGE- If the administrative site is conveyed by exchange, the consideration shall be provided in the form of a conveyance to the Secretary of land or improvements that are equal in market value to the conveyed administrative site. If the market values are not equal, the market values may be equalized by--

(i) the Secretary making a cash payment to the person or entity acquiring the administrative site; or

(ii) the person or entity acquiring the administrative site making a cash equalization payment to the Secretary.

(c) Determination of Market Value- The Secretary shall determine the market value of an administrative site to be conveyed under this title or of non-Federal land or improvements to be provided as consideration in exchange for an administrative site--

(1) by conducting an appraisal that is performed in accordance with--(A) the Uniform Appraisal Standards for Federal Land Acquisitions,

established in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.); and

(B) the Uniform Standards of Professional Appraisal Practice; or(2) by competitive sale.

(d) Relation to Other Laws- (1) FEDERAL PROPERTY DISPOSAL- Subchapter I of chapter 5 of title 40,

United States Code, shall not apply to the conveyance of an administrative site under this title.

(2) LAND EXCHANGES- Section 206 of the Federal Land Policy and Management Act (43 U.S.C. 1716) shall not apply to the conveyance of an administrative site under this title carried out by means of an exchange or combination of sale and exchange.

(3) LEAD-BASED PAINT AND ASBESTOS ABATEMENT- Notwithstanding any provision of law relating to the mitigation or abatement of lead-based paint or asbestos-containing building materials, the Secretary is not required to mitigate or abate lead-based paint or asbestos-containing building materials with respect to an administrative site to be conveyed under this title. However, if the administrative site has lead-based paint or asbestos-containing building materials, the Secretary shall--

(A) provide notice to the person or entity acquiring the administrative site of the presence of the lead-based paint or asbestos-containing building material; and


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(B) obtain written assurance from the person or entity acquiring the administrative site that the person or entity will comply with applicable Federal, State, and local laws relating to the management of the lead-based paint and asbestos-containing building materials.(4) ENVIRONMENTAL REVIEW- The National Environmental Policy Act of

1969 (42 U.S.C. 4321 et seq.) shall apply to the conveyance of administrative sites under this title, except that, in any environmental review or analysis required under such Act for the conveyance of an administrative site under this title, the Secretary is only required to--

(A) analyze the most reasonably foreseeable use of the administrative site, as determined through a market analysis;

(B) determine whether or not to reserve any right, title, or interest in the administrative site under subsection (a)(3); and

(C) evaluate the alternative of not conveying the administrative site, consistent with the National Environmental Policy Act of 1969.

(e) Rejection of Offers- The Secretary shall reject any offer made for the acquisition of an administrative site under this title if the Secretary determines that the offer is--

(1) not adequate to cover the market value of the administrative site; or(2) not otherwise in the public interest.

(f) Consultation and Public Notice- As appropriate, the Secretary is encouraged to work with the Administrator of the General Services Administration with respect to the conveyance of administrative sites under this title. Before making an administrative site available for conveyance under this title, the Secretary shall consult with local governmental officials of the community in which the administrative site is located and provide public notice of the proposed conveyance.

SEC. 505. DISPOSITION OF PROCEEDS RECEIVED FROM ADMINISTRATIVE SITE CONVEYANCES.

(a) Deposit- The Secretary shall deposit in the fund established under Public Law 90-171 (commonly known as the Sisk Act; 16 U.S.C. 484a) all of the proceeds from the conveyance of an administrative site under this title.

(b) Use- Amounts deposited under paragraph (1) shall be available to the Secretary, until expended and without further appropriation, to pay any necessary and incidental costs incurred by the Secretary in connection with--

(1) the acquisition, improvement, maintenance, reconstruction, or construction of a facility or improvement for the National Forest System; and

(2) the conveyance of administrative sites under this title, including costs described in subsection (c).


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(c) Brokerage Services- The Secretary may use the proceeds from the conveyance of an administrative site under this title to pay reasonable commissions or fees for brokerage services obtained in connection with the conveyance if the Secretary determines that the services are in the public interest. The Secretary shall provide public notice of any brokerage services contract entered into in connection with a conveyance under this title.


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26.7 - Exhibit 03

PILOT CONVEYANCE AUTHORITIES FY 2002-2005

P.L. 107-63, FY 2002 Interior and Related Appropriations Act. SEC. 329. (a) PILOT PROGRAM AUTHORIZING CONVEYANCE OF EXCESS FOREST SERVICE STRUCTURES.--The Secretary of Agriculture may convey, by sale or exchange, any or all right, title, and interest of the United States in and to excess buildings and other structures located on National Forest System lands and under the jurisdiction of the Forest Service. The conveyance may include the land on which the building or other structure is located and such other land immediately adjacent to the building or structure as the Secretary considers necessary.

(b) LIMITATION.--Conveyances on not more than 10 sites may be made under the authority of this section, and the Secretary of Agriculture shall obtain the concurrence of the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate in advance of each conveyance.

(c) USE OF PROCEEDS.--The proceeds derived from the sale of a building or other structure under this section shall be retained by the Secretary of Agriculture and shall be available to the Secretary, without further appropriation until expended, for maintenance and rehabilitation activities within the Forest Service Region in which the building or structure is located.

(d) DURATION OF AUTHORITY.--The authority provided by this section expires on September 30, 2005.

P.L. 108-7, FY 2003 Interior and Related Appropriations Act, as follows: TITLE III--GENERAL PROVISIONS. Sec. 325. Extension of Forest Service Conveyances Pilot Program.--Section 329 of the Department of the Interior and Related Agencies Appropriations Act, 2002 (16 U.S.C. 580d note; Public Law 107-63) is amended--

(1) in subsection (b), by striking ``10'' and inserting ``20'';(2) in subsection (c) by inserting at the end of the subsection ``Additionally,

proceeds from the sale of conveyances on no more than 3 sites shall be available for construction of replacement facilities.''; and

(3) in subsection (d), by striking ``2005'' and inserting ``2006''.


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26.7 - Exhibit 03 - Continued

P.L. 108-108, Department of the Interior and Related Agencies Appropriations Act, 2004 TITLE III--GENERAL PROVISIONS. Section. 322. Extension of Forest Service Conveyances Pilot Program- Section 329 of the Department of the Interior and Related Agencies Appropriations Act, 2002 (16 U.S.C. 580d note; Public Law 107-63) is amended--

(1) in subsection (b), by striking `20' and inserting `30';(2) in subsection (c) by striking `3' and inserting `8'; and(3) in subsection (d), by striking `2006' and inserting `2007'.

P.L. 108-447, Consolidated Appropriations Act, 2005DIVISION E, Title III—GENERAL PROVISIONS. Section. 322. EXTENSION OF FOREST SERVICE CONVEYANCES PILOT PROGRAM- Section 329 of the Department of the Interior and Related Agencies Appropriations Act, 2002 (16 U.S.C. 580d note; Public Law 107-63) is amended--

(1) in subsection (b), by striking `30' and inserting `40';(2) in subsection (c) by striking `8' and inserting `13'; and(3) in subsection (d), by striking `2007' and inserting `2008'.


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26.7 - Exhibit 04

GSA MASTER AGREEMENT

MASTER SERVICE-WIDE MEMORANDUM OF UNDERSTANDING BETWEEN THE FOREST SERVICE (FS) AND THE GENERAL SERVICES ADMINISTRATION (GSA), PROPERTY DISPOSAL, FOR ASSISTANCE IN

DISPOSAL OF PUBLIC LAND UNDER NUMEROUS AUTHORITIES

03-SU-11132426-082

THIS MEMORANDUM OF UNDERSTANDING (MOU) is by and between the Department of Agriculture, Forest Service (FS) and the General Services Administration (GSA), Property Disposal.

RECITALS

A. Pursuant to several Public Laws (listed in Exhibit A), including the Department of Interior and Related Agencies Appropriation Act of 2002 (P.L. 107-63), the FS plans to dispose, through competitive sale, certain authorized administrative facilities and lands. Additional authorities may be considered when appended to this Agreement.

B. Under the Economy Act of June 30, 1932 (31 U.S.C. 1535; P.L. 97-258 and P.L. 98-216), FS may determine that it is in the best interest of the United States to request the assistance of GSA to implement the provisions of these Acts.

C. The purpose of this MOU is to set forth the respective parties’ obligations in the disposal of the properties for which FS requests GSA’s assistance.

AGREEMENT

1. GSA’s RESPONSIBILITIES. Upon a written request by the FS, GSA shall advise and assist the FS in implementing the pertinent act. Included in these obligations, GSA will develop and/or provide the following:

a. A marketing plan for each sale with the disposal method, disposal date, and cost estimates.

b. Media releases.c. A brochure / bid package, along with any promotional materials.d. Advertisements, web page(s) and the FS Notice of Realty Action (NORA).


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e. Auction services by competitive public sale.f. Release of high bid and second-high bid and deposits from the public sale

to FS for final approval.g. Other services such as title reports, appraisals, document preparation,

environmental studies, etc. if requested by FS.h. Notification to FS of the disposal status on a monthly basis.

2. FS’s RESPONSIBILITIES are to:

a. Provide information on the properties referred to GSA for disposal (legal description, encumbrances including but not limited to easements, leases, permits licenses, appraisals, and FS minimum acceptable sales price).

b. Comply with all environmental laws including the National Environmental Policy Act (“NEPA”), 42 U.S.C. 4321, and the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. 9620(h).

c. Review and approve GSA marketing plan.d. Review, approve and execute appropriate conveyance documents.e. Review and approve the final bids.

3. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT:

A. FREEDOM OF INFORMATION ACT (FOIA). Any information furnished to the FS under this instrument is subject to the Freedom of Information Act (5 U.S.C. 552).

B. PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts the FS or the GSA from participating in similar activities with other public or private agencies, organizations, and individuals.

C. COMMENCEMENT/EXPIRATION/TERMINATION. This MOU takes effect upon the signature of the FS and GSA and shall remain in effect for five (5) years from the date of execution. This MOU may be extended or amended upon written request of either the FS or GSA and the subsequent written concurrence of the other(s). Either the FS or GSA may terminate this MOU with a 60-day written notice to the other(s).


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4. PRINCIPAL CONTACT . The principal contacts for this instrument are:

Forest Service Project Contact GSA Project Contact

Cynthia R. Swanson Ronald L. Rice

Phone: 202-205-2818 Phone: 202-501-1609

FAX: 202-205-1604 FAX: 202-501-2520

E-Mail: [email protected] E-Mail: [email protected]

Forest Service Administrative Contact

GSA Administrative Contact

Joel Biren Susan Von Raab

Phone: 703-605-4663 Phone: 202-501-2057

FAX: 703-605-5100 FAX: 202-208-1722

E-Mail: [email protected] E-Mail: [email protected]

5. BILLING. FS shall reimburse GSA for all its expenses incurred as negotiated under the terms of this MOU through separate project Task Orders. GSA shall submit its bill on a form acceptable to FS. Such expenses will be itemized to include the following:

a. Personnel salaries and benefits, overhead and travel costs.b. Marketing and printing costs (ads, notifications, brochures, etc.).c. Any actual contract costs relating to the sale of the properties.d. Environmental assistance, if any.

Transfer of funds to the GSA will be through the Treasury Intra-Governmental Payment and Collection System (IPAC) billing. The IPAC billing document, which the GSA prepares shall contain the following information as the first line of the description or the reference section:

mailto:[email protected]

mailto:[email protected]


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FS Reference Document No. (MO) - (provided by FS Financial Mgmt)FS Accounting Station - (Insert Reg. Code, Unit code); e.g. 1301)Job Code - (Insert Job Code composed of 6

alpha/numeric fields plus the two-digit fiscal year in positions 7 and 8)

FS Agreement No. - (Insert Inst. No.)FS Agency Location Code - 12-40-1100Budget Object Code - (e.g. 2554 for Research, all others 2559)Performing Agency Location Code - (Insert ALC)

Send copy of bill to: USDA, Forest ServiceAttn: ______________ (Regional Financial Contact)_________________________________________________________ (Telephone Number)

A detailed list of charges incurred will be made available upon request. Any excess funds not used for the agreed costs shall be refunded to the Forest Service upon expiration of this instrument.

6. NON-FUND OBLIGATING DOCUMENT: Nothing in this MOU shall obligate either the FS or GSA to obligate or transfer any funds. Specific work projects or activities that involve the transfer of funds, services, or property among the various agencies and offices of the FS and GSA will require execution of separate agreements (Task Orders) 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

7. FINANCIAL SUPPORT.

A. This agreement shall be funded by issuance of Task Orders (TO) based on the availability of FS funding. The GSA hereby releases the FS from all liability due to failure of Congress to appropriate funds for this agreement.

B. Funds obligated for a specific TO but not expended in that fiscal year may be expended in the subsequent year. However, these obligated funds should be “fully” expended before the end of the subsequent fiscal year.


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C. TOs will specify the not-to-exceed (NTE) amounts. The FS shall not be obligated to pay for nor shall GSA be obligated to perform any effort that will require the expenditure of Federal funds above the NTE amounts specified in that TO.

8. TASK ORDERS.

A. Task orders will be issued in writing prior to work occurring and signed by authorized officials from the FS and GSA.

B. Contents. A TO will contain:

1. The specifications or statement of work that will be performed;2. A list of any deliverable items that are required;3. Any necessary drawings and/or location map;4. The delivery schedule or completion time which has been negotiated

based on the level of difficulty, site location, etc.;5. Financial and billing information including an estimate of costs;6. Any other necessary detail or information; and7. Specific law authorizing the disposal action.

9. TERMINATION AND AMENDMENT OF IA/MOA.

A. This IA/MOA shall become effective when signed by the last party hereto and shall remain in force until completion of the transactions stipulated under the Acts listed in Exhibit A, or termination by mutual agreement of the parties.

B. Modifications / amendments consistent with the laws, regulations and policies in effect at the time may be proposed by either parties. Such modifications/amendments will become effective when executed by the parties of this agreement.

C. Each party executing this MOU on behalf of their respective agencies does hereby represent that such entity has the full right and authority to enter into this agreement and that each and every person signing this agreement is authorized to do so.


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10. ESTABLISHMENT OF RESPONSIBILITY. 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.

IN WITNESS WHEREOF, the parties have executed this agreement as of the date written below.

GENERAL SERVICES ADMINISTRATION USDA FOREST SERVICE

/s/ Brian K. Polly 4/8/2003 /s/ Sally Collins for 3/26/2003Brian K. Polly Date Dale N. Bosworth DateAssistant Commissioner ChiefOffice of Property Disposal U.S. Forest ServicePublic Buildings Service

The authority and format of this Instrument has been reviewed andApproved for signature

/s/ Janet E. LockhartJanet E. LockhartFS Agreement Coordinator


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26.7 - Exhibit 05

Sale Implementation Strategy

INTERNAL WORKING DOCUMENT – NOT FOR PUBLIC RELEASE

Case Name:

Property Description

(Discuss the property to be disposed of: when it was acquired, current/prior use, location, legal description, acreage, and improvements.)

(Discuss how the property was acquired: authority, grantors, type of deed, and date acquired. Also, discuss any other relevant matters, such as, zoning, adjacent ownership, legal and physical access, and land use in the area.)

List outstanding rights and anticipated reservations by the US. Include a discussion of the planned disposition of any special use permits or other FS authorizations to third parties.

(List the improvements: type, construction date, condition, and size or square footage of each.)

Facility Master Plan/Forest Plan Conformance (Address compliance with the facility master plan and/or Forest Plan)

Disposal Authority to be Used

(Identify the specific disposal authority being used for the conveyance)

Anticipated NEPA Process to Be Used(Discuss whether project will be categorically excluded or full environmental assessment. If to be categorically excluded, include rationale.

Use of Proceeds from Sale(Discuss how the proceeds collected will be used.)

Known or Suspected Hazardous Substances (Discuss hazardous substance examination, and specifics under the headings below, following is sample language .)


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26.7 - Exhibit 05- Continued

Other known issues, complications, support, and opposition(Discuss other issues, such as known opposition to the conveyance, or potential for political involvement, attempts by entities to acquire at no cost, etc.)

Marketing Strategy(Discuss the reasonably foreseeable use of the property from the market analysis. State who will handle marketing of the property, GSA, a private real estate broker, or some combination of vendors. Discuss whether the sale will be competitive or direct. Include rationale for direct sale. Explain whether multiple advertising opportunities will be used. Discuss whether the minimum bid price has been requested from the assigned review appraiser and, if received, what the minimum bid price is for competitive bidding. If a direct sale, discuss whether the appraisal been requested and, if so, what is the status of that assignment. Did the valuation consulting report provide advice about marketing of the property as a whole, in parcels, or both? Are there any timing issues that will affect the sale?)

Exhibit A - Implementation Schedule(Prepare and attach Implementation Schedule as Exhibit A. Show projected dates and the responsible staff for each item. This schedule can also be expanded to estimate costs.) Exhibit B - Valuation Consultation and Market AnalysisExhibit C – Maps and PhotosExhibit D - Legal Description VerificationExhibit E - Federal Land Status Report

Recommended by:

______________________________ (Name) DateForest Supervisor(Name) National Forest

Approved by:

______________________________ (Name) DateDirector, (Title)(Name) Region


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26.7 - Exhibit 06

IMPLEMENTATION SCHEDULECompetitive Land Sale

Case Name: __________________________________________________________Forest/District: _______________________________ Case No. _______________Sale Authority: _______________________________________________________Total Acres: ______ Land Status: PD Acres: ______ Acquired Acres: _________

Action Item/StepImplementation Strategy (Items 1-8)

Responsiblefor

Preparation

Responsiblefor

Costs

TargetDate

1. Property identified for disposal in Facility Master Plan

FS FS

2. Forest Plan Compliance Review FS FS3. Verify/Certify Federal Land Acreage &

Legal Description (Form FS 5400-41)FS FS

4. Federal Land Status Report/Title Report (Acquired)

FS FS

5. Civil Rights Impact Analysis FS FS6. Notice of Proposed Realty Action

(Public Scoping) County & Congressional notification

FS FS

7. Federal Land Water Rights Analysis FS FS8. Prepare Marketing Strategy, including

Appraisal Staff Market AnalysisFS/GSA FS

9. Oversight Implementation Strategy RO/WO FS10. Request BLM Segregation (PD) FS FS11. Request Minimum Bid Price

Valuation ServiceFS FS

12. Request Withdrawal Revocations (if any)

FS FS

13. Prepare Mineral Potential Report (Request BLM Concurrence)

FS FS

14. Prepare Cultural Report/SHPO Consultation

FS FS

15. Prepare TES Report/Consultation FS FS16. Prepare Wetlands/Floodplains Report FS FS

26.7 - Exhibit 06-Continued


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Action Item/StepResponsible

forPreparation

Responsiblefor

Costs

TargetDate

16. Conduct Environmental Site Assessment & LPB Risk Assessment.

Submit to RO Env. Eng. For approval

FS FS

17. Access Analysis FS FS18. Prepare NEPA Analysis (EA or CE) FS FS19. NEPA Comment Period Public FS20. Respond to NEPA Comments FS FS21. Finalize Minimum Bid Price

RecommendationFS FS

22. Prepare Decision Document FS FS23. Oversight Decision Document RO/WO FS24. Issue Decision Document – Publish

Notice of Availability of DecisionFS FS

25. Decision Appeal Period Public Public26. Implement Action Items 27. Prepare Invitation for Bids FS/GSA FS28. Issue and Distribute Invitation for

BidsFS/GSA FS

29. Issue News Release/Newspaper Publication on Federal Land Competitive Sale Authority

FS/GSA FS

30. Public Inspection FS FS31. Bids Received and Logged FS/GSA FS32. Bids Opened & Recorded , Deposits

SecuredFS/GSA FS

33. Determine Highest Acceptable Bid FS/GSA FS34. Letter Accepting Successful Bid FS/GSA FS35. Terminate Special Use Permits FS FS36. Preparation of Purchase and Sale

AgreementFS/OGC FS

37. Execution of Purchase and Sale Agreement

FS FS

38. Submission of Remainder of Purchase Price

Non-Fed Party

Purchaser


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forPreparation

Responsiblefor

Costs

TargetDate

39. Deposit of Proceeds to Special Account FS Fiscal FS39. Preparation of Quitclaim Deed, Request

Patent, Easement DeedsRO/WO/

OGCFS

40. Execute Quitclaim Deed or Patent FS FS41. Transmit Deed to Purchaser for

RecordingFS FS

42. Execute & Record Easements FS FS43. Remove any FS Personal Property FS FS44. File Water Right Transfer/Use

DocumentsFS FS

45. Provide Copy of Deed to BLM for Record Notation

FS FS

46. Remove/Adjust FS Boundary Signs FS FS47. Post to Status and LARS FS FS48. Close Case FS FS

26.7 - Exhibit 07


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IMPLEMENTATION SCHEDULEDirect (Non-Competitive) Land Sale

Case Name: __________________________________________________________Forest/District: _______________________________ Case No. _______________Sale Authority: _______________________________________________________Total Acres: ______ Land Status: PD Acres: _______ Acquired Acres: ________

Action Item/StepImplementation Strategy (Items 1-8)

Responsiblefor

Preparation

Responsiblefor

Costs

TargetDate

1. Property identified for disposal in Facility Master Plan

FS FS

2. Forest Plan Compliance Review FS FS3. Verify/Certify Federal Land Acreage

& Legal Description (Form FS 5400-41)

FS FS

4. Federal Land Status Report/Title Report (Acquired)

FS FS

5. Notice of Proposed Realty Action (Public Scoping ) County & Congressional notification

FS FS

6. Federal Land Water Rights Analysis FS FS7. Prepare Marketing Strategy, FS FS8. Oversight Implementation Strategy,

including Appraisal Staff Market Analysis

RO/WO FS

9. Request BLM Serialization and Segregation

FS FS

10. Request Appraisal FS FS11. Request Withdrawal Revocations (if

any)FS FS

12. Prepare Mineral Potential Report (Request BLM Concurrence

FS FS

13. Prepare Cultural Report/SHPO Consultation

FS FS

14. Prepare TES Report/Consultation FS FS15. Prepare Wetlands/Floodplains Report FS FS



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forPreparation

Responsiblefor

Costs

TargetDate

16. Prepare HAZMAT Report & Risk Assessment for Lead Paint if needed

FS FS

17. Access Analysis FS FS18. Prepare NEPA Analysis (EA or CE) FS FS19. NEPA Comment Period (EA) Public FS20. Respond to NEPA Comments (EA) FS FS21. Review Appraisal FS FS22. Prepare Decision Document (DM or

DN)FS FS

23. Oversight Review of Decision Document

RO/WO FS

24. Issue Decision Document – Publish Notice of Availability of Decision (EA)

FS FS

25. Decision Appeal Period (EA) Public Public26. Establish Account for Deposit of

ProceedsFS Fiscal FS

27. Letter Offering Direct Sale FS FS28. Terminate Special Use Permits (if

needed)FS FS

29. Preparation of Purchase and Sale Agreement

FS/OGC FS

30. Execution of Purchase and Sale Agreement

FS FS

31. Submission of Purchase Price Non-Fed Party Purchaser32. Deposit of Sale Proceeds to Special

Account FS Fiscal FS

33. Preparation of Quitclaim Deed, Req. for Patent, Easement Deeds

RO/WO/OGC FS

34. Execute Quitclaim Deed or Patent FS FS35. Transmit Deed to Purchaser for

RecordingFS FS

36. Execute & Record Easements FS FS37. Remove any FS Personal Property FS FS38. File Water Right Transfer/Use Docs FS FS


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forPreparation

Responsiblefor

Costs

TargetDate

39. Provide Copy of Deed to BLM for Record Notation

FS FS

40. Remove/Adjust FS Boundary Signs FS FS41. Post to Status and LARS FS FS42. Close Case FS FS


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26.7 - Exhibit 08

REQUEST FOR APPRAISAL SERVICES FOR VALUATION CONSULTATION AND/OR MARKET ANALYSIS

Agriculture

United StatesDepartment of

Forest Service

xxxxxxxxxxxx

xxxxxxxxxxxx

File Code: 5410/5570 Date:

Route To: (name) NF

Subject: Request for Appraisal Services for Land Sale

To: (name, title)

We would like to request:

an appraisal

or a valuation analysis/consultation needed for preparation of an implementation

strategy/marketing plan,

or a market analysis directed by the Forest Service Facility Realignment and

Enhancement Act or 2005, Section 504(d)(4), for NEPA analysis of the most reasonably foreseeable use of the administrative site. Every administrative site sold under authority of Title V, Public Law 109-54, requires a market analysis as defined in the Act.

This case will hereafter be referred to under file designation 5570 and identified by the following official case name: (name) and has been assigned case number (number). The sale is being made under the authority of the (name of legislation and public law number). The property to be appraised comprises (number) acres and is located in (name) County, (state). A complete description of the property and the estate to be appraised, including any improvements, is provided in the documents enclosed.


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The Forest proposes to sell the property by either:

Competitive Sale. Please provide a (appraisal report, valuation consultation report, or market analysis report) on the property. The purpose of the report will be to assist in establishing the minimum bid price in accordance with WO direction for establishing prices for competitive sales or to aid in NEPA analysis of the administrative site. The jobcode is (code) and the override code is (code).

or Direct Sale. Please provide an appraisal report on the property. The sale is

proposed to be made to:

PROPONENT’S NAME(S), ADDRESS, AND TELEPHONE NUMBER (for direct sale only):______________________________

______________________________

______________________________

______________________________

___ The (name of party) will pay 100% of the cost of the appraisal. The jobcode is (code) and the override code is (code).

___ A Collection Agreement has been set up so that the (name of party) will pay 100% of the appraisal fee. The jobcode is (code) and the override code is (code).

ENCLOSED DOCUMENTS CHECKLIST: The following documents must be enclosed. If a document is not applicable in this case, state why.

Implementation Strategy/Marketing Report. An Implementation Strategy/Marketing Report shall be included if this request is for a sale case appraisal. If the request is for a valuation analysis/consultation or market analysis prior to completion of the Implementation Strategy, submit as much information as practical concerning local market conditions, probable uses, possible purchasers, use of adjoining lands, and other economic factors. Any information concerning the nature of the proposed sale is helpful. For example, if the proposal is for competitive sale of residential property within a community where the market is stable, it may be possible to use the FNMA appraisal report format to determine a minimum bid price.


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Exhibit I. Aerial Photo and Forest Map. Include two aerial photos and two original colored forest maps showing the property to be appraised, ownership and nearest community. Include a legend with each map or aerial photo. The legend shall contain the forest name; case name; and township, range and section(s); north arrow; scale; name or initials of preparer; and date prepared. Do not include acreage on the map.

Exhibit II. Base Maps. Include two original secondary base series maps (1 to 24,000 Quad maps or topographic maps), outlining the property to be appraised. If the property is residential or other improved property within a community, a copy of the tax assessor’s map should also be included. Include a legend with each map containing all the information as mentioned above including the Quad name.

Exhibit III. Preliminary Title Commitment / Chain of Title. Preliminary title commitment or chain of title, or title policy and OGC title opinion for previously acquired Federal property, with a copy of the deed to the United States and all applicable encumbrance documents as listed on Schedule B of the Commitment. If the property is reserved public domain land a Title Commitment or Policy is not required. A title report may be obtained if it would be helpful in documenting Federal title and any possible outstanding rights. Also include plans to mitigate the encumbrances that may hinder conveyance and list proposed encumbrances.

Exhibit IV. Federal Land Status Report. Include copies of encumbrances. Encumbrances include but are not limited to: special use permits, other easements, mining claims, withdrawals, grazing obligations, occupancy trespass, FERC permits or licenses requiring “waiver.” Provide a statement regarding disposition of encumbrances, such as whether permits will be relinquished, whether mining claims will be relinquished or contested, or how trespass will be resolved.

Exhibit V. Legal Description Review. The Surveyor who works on or is assigned to the Forest is to sign a statement verifying that the legal descriptions are acceptable for recordation and verify the acreage of the properties being appraised.

Exhibit VI. Water Rights Analysis Report. If water rights are to be acquired or disposed of, you shall include a Water Rights Analysis Report. If the case is an exchange it shall be packaged with the feasibility report. Include all documents pertaining to any water rights being deeded. A Water Rights Analysis Report shall be submitted for any case involving transfer of water rights.


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Exhibit VII. Resource Reports. Include reports and /or letters of clearance concerning any resource that has significant presence on the property to be appraised. Include all specialist reports i.e.: Wetland(s) and Floodplain(s) Report, Minerals Report, Timber Cruise, Hazardous Materials Report(s), Biological Evaluation, T&E, Environmental Site Assessment, Heritage Report and any other resource reports that are likely to influence value. If you have problems getting reports or letters of clearance from the specialists in a timely manner, state so and provide your knowledge on the matters. Provide all available information to expedite the appraisal process.

Exhibit VIII. Improvements. List buildings, sewer systems, utilities, etc. on the property to be appraised. Describe their disposition if the proposed transaction occurs. Note any trespasses. Include recent photos of the improvements along floor plans of structures with dimensions, age, and condition of each structure. These attributes are often described in the Forest Service real property acquisition records or on the property card filed in the County Assessor’s Office.

Exhibit IX. Case Background and Controversies. Include a brief history of case negotiations including third- party involvement. Inform the appraiser if there are any controversies to be aware of. Will the appraiser have any trouble accessing the land? Could there be trouble while inspecting the property or doing research? Note public and political opinions regarding the case.

Exhibit X. Property Location Information. Include directions on how to get to the property, as well as, the physical condition of the access, i.e., type of road, trail or no improved access. Describe the legal access from a public road.

We understand that the Regional Appraiser will assign this appraisal need based on the requirements in Forest Service Manual (FSM) 5410.42a, 5410.6, and FSM 5411. This assignment, when completed by a Forest Service staff appraiser, falls within the scope of that appraiser’s official duties as a Federal employee. We request that this appraisal be completed and approved no later than (date). Should you need additional information, please contact (name, title, and contact information).

(name)FOREST SUPERVISOR

Enclosures


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26.7 - Exhibit 09

APPRAISAL REQUEST FOR ESTABLISHING MINIMUM BID PRICE FOR COMPETETIVE SALE OR APPRAISAL FOR DIRECT SALE


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26.7 – Exhibit 10

Conveyance Process Flowchart

Admin Property identified for Disposal

Sale/Exchange (w/land) Offsite Disposal of Improvements

Lands Acq. MgtAuthorized Officer

Title Review/ Identify Estate

Valuation Services

Market Analysis

Implementation Strategy

Scoping

Acq. Mgt

Provide Advice

IFB/Market Property

Conduct/Contract Auction

Prepare Conveyance Documents Award Sale

Environmental Analysisi/Decision

Closing Procedures Update INFRA

Report Completion

Direct Sale

Competitive Sale

Facilty Master Plan Utilization Surveys

Demolish or Alternative Use

Admin Property identified for Disposal

Sale/Exchange (w/land) Offsite Disposal of Improvements

Lands Acq. MgtAuthorized Officer

Title Review/ Identify Estate

Valuation Services

Market Analysis

Implementation Strategy

Scoping

Acq. Mgt

Provide Advice

IFB/Market Property

Conduct/Contract Auction

Prepare Conveyance Documents Award Sale

Environmental Analysisi/Decision

Closing Procedures Update INFRA

Report Completion

Direct Sale

Competitive Sale

Facilty Master Plan Utilization Surveys

Demolish or Alternative Use


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26.7 - Exhibit 11

CHIEF’S LETTER OF 10/31/2002 ONENVIRONMENTAL SITE ASSESSMENT

United StatesDepartment ofAgriculture

ForestService

Washington Office 14th & Independence SWP.O. Box 96090Washington, DC 20090-6090

File Code: 2160/5400 Date: October 31, 2002Route To:

Subject: Hazardous Material Management in Land Acquisitions

To: Regional Foresters, Deputy Chiefs, WO Staff Directors

On January 11, 2002, President Bush signed into law the Small Business Liability Relief and Brownfields Revitalization Act, which provides a “bona fide prospective purchaser exemption” from liability under the Federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for purchasers of contaminated property if they adhere to certain legal requirements both before and after acquisition. This Act affords the Forest Service (FS) a means to minimize or avoid environmental liability should the responsible official for “overall public benefit” reasons decide to acquire contaminated property.

I believe that it is prudent that we utilitize this new tool to avoid incurring additional costs to the FS associated with hazardous material cleanup and long term monitoring. Therefore, effective as of the date of this memo, any contaminated land proposed for acquisition through any of our various landownership adjustment programs, needs to be adequately screened and the legal requirements followed for a “bona fide prospective purchaser exemption.”

The Washington Office (WO) Lands and Engineering staffs will immediately develop an Interim Directive amending the current FS Manual (FSM) 2160 and EM-2160-1, and EM-2160-2, which will provide detailed guidance. Until the FSM and FS Handbook (FSH) modification are formalized and published, your Regional Environmental Engineer or CERCLA Coordinator, Regional Lands Staff and OGC can assist you in completing and documenting the necessary actions to meet this objective.


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Since we rarely acquire contaminated properties, we do not envision this new procedure will have a significant impact on our programs or third-party facilitators. A general outline of how these procedures will be integrated into our landownership adjustment activity is as follows:

1. Each land transaction will continue to be initially screened and documented by using the existing Forest Service Guide to Land Transactions. (EM-2160-2) In the future, this will also include a review of the chain of title, a review of the historic/current aerial photos and appropriate interviews.

a. If no evidence is found on the non-Federal land relative to past use, storage, disposal or release of hazardous substances or petroleum products, then you may proceed and close this transaction following our standard acquisition procedures.

b. If evidence is found on the non-Federal land that suggests the past use, storage, disposal, or a release of hazardous substances or petroleum products, then the case will be referred to the Regional Environmental Engineer or CERCLA Coordinator to coordinate further reviews to define the level of contamination. This will require, at a minimum, a Phase I Environmental Site Assessment (ASTM E 1527), and if contamination is confirmed, we will need to confirm the nature and extent of such contamination and follow the procedures for the “bona fide prospective purchaser exemption,” which shall be completed should we continue with the acquisition of the involved lands.

2. The land transaction screening findings (either a or b above) will be made available to the appraiser as part of the request for appraisal services documents to ensure that this factor is appropriately considered in establishing the market value of the property.

3. Prior to making the decision to proceed with the acquisition of any contaminated land, the responsible decision-maker will be given the approved estimate of market value for the involved property and an assessment by OGC and your CERCLA Coordinator, even with the exemption procedures in place, of any potential cleanup costs and long-term liability associated with the ownership of this property.


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We realize the need to provide training on this new procedure and I have directed both the WO Lands and Engineering Directors to develop a plan for delivering this training to the appropriate levels in the FS. Initially, it will be included as a segment at the November 4, 2002, National Lands Training for Line Officers and Program Managers scheduled at the National Training Center in Shepherdstown, West Virginia.

We ask for your full cooperation in complying with this direction and further details relative to appropriate funding sources to cover the costs of needed screenings and assessments will be provided by our NFS Budget Staff in the near future. Please direct any questions to either Dennis Kennedy in WO Lands at 202-205-1359 or Donna Kim in WO Engineering 703-605-4793.

/s/ Robin L. Thompson (for)DALE N. BOSWORTHChief

cc: Dennis Kennedy, Donna Kim, Gary Campbell, Mike Williams, Gary Fremerman

WASHINGTON OFFICE DIRECTOR OF LANDS LETTER OF 3/14/2003 ONUPDATED TRANSACATION SCREENING PROCESS

United StatesDepartment ofAgriculture

ForestService

Washington Office 14th & Independence SWP.O. Box 96090Washington, DC 20090-6090

File Code: 5400/2160 Date: March 14, 2003Route To:

Subject: Updated Transaction Screening Process for Land Adjustments

To: Regional Foresters

This is a follow-up to the Chief’s letter of October 31, 2002, directing revised procedures for completing and documenting hazardous materials inspections for land adjustment activities. Land adjustment actions include purchase, exchange, donation, transfer, interchange, and sale.


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26.7 - Exhibit 11, Continued

Enclosed is the revised Transaction Screening Worksheet 1 from the Forest Service Guide to Land Transactions (EM-2160-2) showing the updated requirements. No changes have been made to Worksheets 2-5. In general, all five transaction screening worksheets are now required for all land adjustment transactions. A chain of title search is required for transactions involving termination of government operations. A chain of title search is not required for other transactions where diligent field inspections, interviews and records research indicate no potential for hazardous material contamination. If contamination is suspected or documented, the transaction screening process should be discontinued and further environmental site assessment (Phase I/II Environmental Site Assessment (ESA)) work will need to be completed as necessary. Note that a chain of title search may be conducted as part of the Phase I/II ESA or to support identification of potentially responsible parties if hazardous materials contamination is discovered. Title evidence typically compiled or procured for appraisal purposes and title review should be described on Worksheet 2, and provided to the CERCLA coordinator for consideration in Phase I/II reports.

Appraisal consultations do not require prior completion of any of the five worksheets for feasibility analysis. However, requests for any valuation service resulting in a value opinion specific to any property requires, at a minimum, completion of Worksheet 2 for inclusion in the Request for Appraisal Services (RFAS) package. All other Worksheets will be provided to the appraiser as soon as possible. If the authorized officer has determined, at the time of the RFAS, that the property does not contain “recognized environmental conditions” as defined in the American Society for Testing and Materials (ASTM) E-1527-00, “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process”, that conclusion shall be stated in the RFAS and no extraordinary assumption is needed in the appraisal instructions. If there is no such determination, the RFAS shall include a statement similar to:

I request that the appraisal instructions for this assignment include an extraordinary assumption that the property is unaffected by hazardous material and, if found to be so affected, the property shall be cleaned up or the effect of the hazardous substances or petroleum products shall be remediated prior to conveyance. I understand that any condition other than the property being free from an “recognized environmental condition” may invalidate an approved appraisal report.

You may occasionally need to complete all five worksheets before it is logical and efficient to begin an appraisal assignment. The assigned review appraiser shall decide

the proper timing of the appraisal assignment based on the availability of hazardous materials information.


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We anticipate completing an update to the Forest Service Guide to Land Transactions over the next few months. The existing guide should still be used as the primary guidance for the transaction screening process, along with updated guidance included in this and the October 31, 2002, letters.

IF YOU HAVE TRANSACTION SCREENING QUESTIONS, PLEASE CONTACT DENNIS KENNEDY, 202-205-1359 OR CINDY SWANSON, 202-205-2818. VALUATION QUESTIONS SHOULD BE ADDRESSED TO DAVE DAMRON, 202-205-1360.

/s/ Jack L. CravenJACK L. CRAVENDirector of Lands

Enclosures

cc: Sherri A Clark, Gary Fremerman


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26.7 - Exhibit 12

42 U.S.C. 9620(h) Requirements for Conveyance or Transfer of Federal Real Property

Conveyance of real property on which any hazardous substance was stored for one year or more, known to have been released, or was disposed of.

Pursuant to 42 USC 9620(h)(1), the contract for sale or other transfer of real property on which any hazardous substance was stored for one year or more, known to have been released, or was disposed of, shall include a notice of the type and quantity of such hazardous substance and notice of the time at which such storage, release, or disposal took place, to the extent such information is available on the basis of a complete search of agency files.

Pursuant to 42 USC 9620(h)(3)(A)(i), each deed entered into for the transfer of such property by the United States to any other person or entity shall contain, to the extent such information is available on the basis of a complete search of agency files:

(I) a notice of the type and quantity of such hazardous substances, (II) notice of the time at which such storage, release, or disposal took place, and (III) a description of the response or corrective action taken, if any. [This includes a

description of all institutional and engineering controls put into action on the property and of the conditions upon which these controls may be lifted.]

Pursuant to 42 USC 9620(h)(3)(A)(ii), except in cases where the person or entity to whom the real property is transferred is a potentially responsible party with respect to such property [42 USC 9620(h)(3)(B)], or in cases where a deferral is granted pursuant to 42 USC 9620(h)(3)(C), the deed shall also contain a covenant warranting that:

(I) all remedial action necessary to protect human health and the environment with respect to any such substance remaining on the property has been taken1 before the date of such transfer, and that

(II) any additional remedial action found to be necessary after the date of such transfer shall be conducted by the United States.

Additionally, pursuant to 42 USC 9620(h)(3)(A)(iii), the deed shall also include a clause granting the United States access to the property in any case in which response or corrective action is found to be necessary after the date of such transfer.

1 Pursuant to 42 USC 9620(h)(3)(B), all remedial/response action necessary to protect human health and the environment with respect to any substance remaining on the property on the date of transfer are deemed to have been taken if the construction and installation of an approved remedial design has been completed, and the remedy has been demonstrated to the Administrator [of the EPA] to be operating properly and successfully. The carrying out of long-term pumping and treating, or operation and maintenance, after the remedy has been demonstrated to the Administrator [of the EPA] to be operating properly and successfully does not preclude the transfer of the property.


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Conveyance of contaminated property upon a covenant deferral.

Pursuant to 42 USC 9620(h)(3)(C)(ii), in cases where the Administrator, with the concurrence of the Governor of the State in which the facility is located (in the case of real property at a Federal facility that is listed on the National Priorities List), or the Governor of the State in which the facility is located (in the case of real property at a Federal facility not listed on the National Priorities List) grants a deferral under 42 USC 9620(h)(3)(C), concerning the requirement to undertake all response action necessary to protect human health and the environment before the date of the transfer, the deed shall contain assurances that—

(I) provide for any necessary restrictions on the use of the property to ensure the protection of human health and the environment;

(II) provide that there will be restrictions on use necessary to ensure that required remedial investigations, response action, and oversight activities will not be disrupted;

(III) provide that all necessary response action will be taken and identify the schedules for investigation and completion of all necessary response action as approved by the appropriate regulatory agency; and

(IV) provide that the Federal agency responsible for the property subject to transfer will submit a budget request to the Director of the Office of Management and Budget that adequately addresses schedules for investigation and completion of all necessary response action, subject to congressional authorizations and appropriations.

In the case where a deferral under 42 USC 9620(h)(3)(C) has been granted, once all response action necessary to protect human health and the environment with respect to any hazardoussubstance remaining on the property on the date of transfer has been taken1, the United States shall execute and deliver to the transferee, pursuant to 42 USC 9620(h)(3)(C)(iii), an appropriate document containing a warranty that that all such response action has been taken.

Conveyance of real property on which the agency plans to terminate Federal government operations

Under 42 USC 9620(h)(4), the term “Termination of Federal Government Operations” refers to the termination of discrete activities or functions by an agency (e.g., administrative sites and work centers where there is a federal workforce present) at the subject property upon which the property will be conveyed. TFGO does not include operations by permittees or concessionaires. Pursuant to 42 USC 9620(h)(4), when a property will be transferred upon Termination of Federal Government Operations, a detailed investigation of the real property shall be completed at least 6 months before the termination of operations to determine


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or discover the obviousness of the presence or likely presence of a release or threatened release of any hazardous substance or any petroleum product or its derivatives, including aviation fuel and motor oil, on the real property. The results of the investigation shall be provided immediately to the Administrator and State and local government officials, and made available to the public [provide public notice]. The primary purpose of this investigation is to speed the transfer and beneficial reuse of the property by enabling the segregation of “uncontaminated” and “contaminated” parcels, since 42 USC 9620(h)(4) enables the transfer of the “uncontaminated” parcels while the cleanup of the “contaminated” parcels is completed. The investigation is deemed to be complete when, in the case of real property that is part of a facility on the National Priorities List, the Administrator of the EPA [or his designated official] concurs with the results of the investigation, or, in the case of real property that is not part of a facility on the National Priorities List, the appropriate State official concurs. In the case when concurrence is required from a State official, the concurrence is deemed to be obtained if, within 90 days after receiving a request for the concurrence, the State official has not acted (by either concurring or declining to concur) on the request for concurrence. Because of constitutional principles relating to supremacy of the Federal Government, a State’s refusal to concur cannot prevent the transfer. However, the agency should document in it’s files the reasons why it disagrees with the State’s rationale for declining to concur.

Pursuant to 42 USC 9620(h)(4)(D), the deed entered into for the sale or transfer of any “uncontaminated” parcel of such property by the United States to any other person or entity shall contain—

(i) a covenant warranting that any response action or corrective action found to be necessary after the date of such sale or transfer shall be conducted by the United States; and

(ii) a clause granting the United States access to the property in any case in which a response action or corrective action is found to be necessary after such date at such property, or such access is necessary to carry out a response action or corrective action on adjoining property.


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26.7 - Exhibit 13

Conveyances under FSFREA- Minimum Requirements for Lead Based Paint and Asbestos Containing Materials

I. Notice under the FSFREA. Section 504 (d) (3) (A) states, “provide notice to the person or entity acquiring the administrative site of the presence of the lead-based paint or asbestos-containing building material;” The following interpretation of this section is to be used when meeting this requirement.

Lead Based Paint (LBP)- For non-residential facilities constructed before 1978 notice shall be provided by disclosing the presence of known lead-based paint and/or LBP hazards. For residential facilities constructed before 1978 notice shall be provided in the form of a documented inspection, completed by a certified LBP inspector, of painted surfaces. LBP will be defined by the Housing and Urban Development (HUD) levels: that is, any paint that includes 0.5% of lead by weight (paint chip) or 1 mg/cm² (X-Ray Fluorescence).

Notice shall be provided to offerers for all facilities that EPA and OSHA regulations may be triggered by lead levels below the HUD level; future construction activity may trigger OSHA requirements under 29 CFR 1926.62 and EPA requirements under 40 CFR Part 261.

Note that in some cases additional disclosure requirements will apply:

If the Forest Service is transferring a facility that was used as “target housing” as that term is defined under 24 CFR 35.86, then the full Title X disclosure requirements found at 24 CFR Part 35, Subpart A, shall apply, unless the facility is exempted from these requirements under 24 CFR 35.82. Additionally, if a facility being transferred was used in the past as “residential property” as that term is defined at 24 CFR 35.110, then the Forest Service must conduct the risk assessment required pursuant to 24 CFR Part 35, Subpart C, prior to closing and provide a copy to the transferee, unless the facility meets one of the numerous exemptions from this requirement under 24 CFR 35.115. Note that this determination is based on the past use of the property. If a property was not used as “target housing” or “residential property” in the past, then the transferee will be responsible for compliance with the applicable requirements if the transferee decides to convert the property to use as “target housing” or “residential property” after the transfer. In all cases, the FSFREA exempts the Forest Service from any abatement or mitigation requirements described in Subpart C of the Title X regulations.

Lead based paint on the exterior of any structure that has flaked into the surrounding soil is considered a release under CERCLA 120(h). Therefore it is important that this media be sampled during the lead inspection or Phase I/II assessment. The release may require a CERCLA response and/or reporting based on concentration levels. When the bare soil contains total lead equal to or exceeding 400 ppm (mg/kg) (EPA guidance), the Regional Environmental Engineer


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shall be consulted to determine what, if any, additional steps are necessary including risk assessment, deed restrictions, cleanup, and so forth. Although abatement is not required under FSFREA, CERCLA 120(h) requires that the release be addressed prior to transfer. See paragraph on “environmental due diligence” below.

Asbestos Containing Materials (ACM)- For all facilities, notice shall be provided in the form of a documented inspection, completed by a certified asbestos inspector, including the type, location, condition, and quantity of ACM. Notice shall be provided to offerers that future construction activity, including renovation or demolition, may trigger OSHA requirements under 29 CFR 1926.1101 and/or EPA requirements under 40 CFR 61.145.

These inspections, if not already completed under the requirements of FSH 7309.11 Chapter 62 or 29 CFR 1910.1001(j), could be incorporated into the Phase I or Phase II environmental assessment (CERCLA 120(h); 40 CFR 373) included in each conveyance package.

It is imperative to note that the Act did not waive CERCLA Section 120(h) requirements, including the “environmental due diligence” requirement (40 CFR 373) for selling or transferring federal real property. CERCLA Section 120(h) requires that each contract for the sale or other transfer of real property owned by the United States on which any hazardous substance was stored for one year or more, known to have been released, or disposed of, contain a notice of the type and quantity of such hazardous substances and the time at which such storage, release, or disposal took place, to the extent that such information is available based on a complete search of agency files. CERCLA Section 120(h) also provides certain notice and deed covenant requirements. Application of CERCLA Section 120(h) will depend on the facts of a particular case. Requirements of CERCLA Section 120(h) should be discussed with the Regional Engineer’s staff early in the conveyance process.

II. Written Assurance under the FSFREA.

The FSFREA requires the Forest Service to “obtain written assurance from the person or entity acquiring the administrative site that the person or entity will comply with applicable Federal, State, and local laws relating to the management of the lead-based paint and asbestos-containing building materials.”

The following clause shall be included in the invitation for bid, purchase and sale agreement, lease, or other documentation associated with the transfer to be signed by the person or representative of the entity acquiring the site:

[Person/entity acquiring site] hereby agrees to comply with any and all applicable Federal, State, and local laws relating to the management of lead-based paint and asbestos-containing building material associated with the property, including but not limited to, any such laws relating to the mitigation, abatement, remediation, cleanup,


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renovation, demolition, and disposal of lead-based paint and asbestos-containing building material. Accordingly, [Person/entity acquiring site] hereby agrees to indemnify, release, defend, and hold harmless the United States, its agencies, employees, agents, assigns, and successors from and against any liability, judgment, claim, penalty, fine, or other adverse action (whether legal or equitable in nature, and including without limitation, court costs and attorneys’ fees) brought against the United States after the date of this agreement by any person or entity under any Federal, State, or local law, including but not limited to environmental and tort laws, with respect to any lead-based paint and/or asbestos-containing building material associated with the property. This covenant to indemnify, release, defend, and hold harmless the United States shall survive the subsequent conveyance of all or any portion of the property to any person and shall be construed as running with the real property, and may be enforced by the United States in a court of competent jurisdiction.


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26.7 - Exhibit 14

NOTICE OF PROPOSED REALTY ACTION FOR ACOMPETITIVE OR DIRECT SALE

DEPARTMENT OF AGRICULTUREForest Service

PUBLIC NOTICE OF REALTY ACTION(case name)

Notice is hereby given that the Forest Service, United States Department of Agriculture, is proposing to sell the lands identified below at not less than the market value pursuant to the (authority).

The proposal for sale includes the following lands and interest in lands under the jurisdiction of the Forest Service:

(Name) National Forest(Name) County, State of (Name)

(Name) MeridianT. (number), R. (number)

Section (number)

The area described contains approximately (number) acres.

The property consists of ( describe structures, improvements, etc .) , located approximately (number) of miles from the town of (Name). The mineral estate will be (included/not included) in the estate to be sold.

The property may be sold directly to an identified purchaser or may be sold under competitive bidding procedures. The method of sale will be determined at a later date. The sale will be subject to valid existing rights and encumbrances of record. The Forest Service may also include in the conveyance any reservation necessary to protect the interests of the United States. Specific terms of the sale will be provided in an Offer to Sell which will be made after all environmental studies and other required analysis are completed and final decision to sell the property is made.


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Federal law requires purchasers to be U.S. citizens, 18 years of age of older; a corporation subject to the laws of any State or of the United States; a State, State instrumentality, or political subdivision authorized to hold property; or an entity, including but not limited to associations, partnerships, capable of holding property in the State. Proof of qualification to purchase the property will be required.

Additional detailed information, including complete property description, maps, list of reservations and encumbrances, etc. is available for review during regular business hours at the (address of office). For further information contact (name of contact and telephone number). Parties who may be interested in purchasing the property, or wish to offer comments related to the proposed sale, are encouraged to contact the Forest Service.

For a period of 30 days from the date of publication of this notice the general public and interested parties may submit comments to (name of contact).

________________________________ _____________________Forest Supervisor Date


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26.7 - Exhibit 15

DECISION MEMO FOR CATEGORICAL EXCLUSION

USDA Forest Service(name) National Forest

Decision Memo

(case name)(authority)

(county and state)(case number)

(date)

DECISION

Description of Decision

I have decided to sell the federally owned structures and land located at the (name) Ranger District. The site is located approximately (number) mile (direction) of (city/town/state), a portion of the (legal description). The address for site is (street address).

This land sale is authorized pursuant to the (authority). The (authority) authorizes the Secretary of Agriculture to sell (state what authority allows).

The (case name) was originally acquired in three separate acquisitions. (state who property was acquired from, type of document, date of transfer, book and page of recorded document, and acquisition authority)

The improvements on site consist of (list number and type of structures, square footage of each, approximate date structure was built, and historic significance, if any).

Purpose of Decision

The purpose of this proposal is to sell the property and facilities that are no longer needed by the Forest Service through the (authority). The Act specifically identifies for sale (list the case/tract name and acreage).


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The (name) National Forest does not have a future need for the (case/tract name). The site is identified in the Forest Facility Master Plan as no longer needed for administrative purposes.

The plan also says the facilities and site are in the process of being disposed of through a land sale or exchange.

Use of the proceeds of the sale shall be available to the Secretary for the acquisition, construction, or improvement of needed administrative facilities and associated land in connection with the (name) National Forest, and to the extent possible the acquisition of land and interests in land in the State of (list state).

(Discuss why either the competitive or direct sale was chosen as the method of disposal.)

Scoping and Public Involvement

(Discuss the background for determination of disposal of the site. Discuss public involvement, including mailings, telephone interviews, and public meetings. List the publication date for the Notice of Realty Action and name of newspaper. Discuss the comments received from the publication.)

REASON FOR CATEGORICALLY EXCLUDING THE PROPOSED ACTION:

Decisions may be categorically excluded from documentation in an environmental impact statement or environmental assessment when they are within one of the categories identified by the U.S. Department of Agriculture in 7 CFR part 1b.3 or one of the categories identified by the Chief of the Forest Service in Forest Service Handbook (FSH) 1909.15 sections 31.1b or 31.2 and there are no extraordinary circumstances related to the proposed action.

Category of Exclusion:

I have determined that the proposed action is categorically excluded from documentation in an Environmental Impact Statement or in an Environmental Assessment. I have made this determination based on the following findings:

1) I find that the proposed action fits under category 7, Section 31.1b, Forest Service Handbook 1909.15, 92-1, September 21, 1992, "Sale or exchange of land or interest in


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land and resources where resulting land uses remain essentially the same." This action involves an administrative site sale resulting in the disposal of federal lands where the land uses are expected to remain essentially the same. (Discuss the basis for this determination: the highest and best use as determined in the appraisal or valuation consultation, conversations with potential purchasers indicating their intended use, and zoning . )

2) I also find that the proposed action does not involve extraordinary circumstances. (Discuss the basis for this determination: there are no steep slopes or highly erosive soils on the property, no threatened and endangered species or critical habitats, the property is not within a wilderness or other designated area, presence of floodplains and wetlands, and location within a municipal watershed are some items to consider ).

Relationship to extraordinary circumstances:

An interdisciplinary team of specialists including ( list titles of specialists involved ) provided review, documentation and reports on their findings. The summary of the findings of no extraordinary circumstances is as follows:

The Forest Archaeologist completed a historic records review and report on cultural and historic resources in (date). (Discuss the historical significance and SHPO determination.)

A biological evaluation was completed on (date) and found that there was no habitat present for any threatened, endangered, or sensitive wildlife species and concluded that there were no effects.

(Discuss what level of hazardous material assessment was completed, the date, and determination.)

A Water Rights and Floodplain & Wetlands Statement was completed by the Forest Hydrologist on (date). (Discuss findings of hydrologist, impacts, and consistency with E.O. 11988 and 11990.)

A Minerals Potential Report was completed by the Forest Geologist, including a certified technical review, in (date). (Discuss foreseeable development potential of the minerals, and if they will be sold with the surface estate.)

The Forest Land Surveyor completed the Land Description Reviews in (date). (Discuss determination of minimum bid price and compliance with Federal

standards and Forest Service policy.) There were no other extraordinary circumstances identified.


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I have also determined that the proposed action is consistent with the Forest Land and Resource Management Plan for the (name) National Forest.

Public Interest Determination:

I have determined that the public interest will be well served by sale of this property. There will be no need for reservations or restrictions in the conveyance to protect the public interest.

I have considered the following factors in making this determination: Disposal of this unneeded administrative site property will achieve better

management of Federal lands and resources. Sale of the property is consistent with the Forest Resource Management plan

and the Facility Master Plan.

Decision: I have decided to complete this land sale as proposed to convey the (case name and acreage) and to have the proceeds of the sale be available to the Secretary as outlined in (authority).

(Discuss how outstanding rights, special use permits, and other agreements, written or verbal, will be handled in the sale. List any property that will be removed from the sale area prior to finalization of the sale.)

Administrative review and appeal:

This decision is not subject to the appeal procedures for National Forest System projects and activities pursuant to 36 CFR 215.8(a)(4), Decisions Not Subject to Appeal.

Implementation: The implementation of this project may begin immediately.

Contact Person: (List name of contact person(s), address, telephone number, e-mail address and same information for the primary office.)

(name) DateForest Supervisor(name) National Forest


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26.7 - Exhibit 16

INVITATION FOR BIDS FOR A COMPETITIVE SALE

Property of U.S.D.A. Forest ServiceIn City, State

Written Auction

Receiving Offers Daily StartingNovember 18, 2003Until Sold

62.17 Acres with 15 Administrative Buildings located in Adams County, City, State

12345 Oak Highway, City, State 67890USDA Forest Service

Your National Forest P.O.Box 1234City, State 67890


Table of Contents

Invitation for Bids................................................................................................... 3Inspection of the Property........................................................................................3Description...............................................................................................................4


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Location/Driving Directions....................................................................................4Assessed Value and Taxes....................................................................................4-5Utilities.....................................................................................................................5Zoning......................................................................................................................5Legal Description.................................................................................................5-6Inspection for Health and Building Codes...................................…........................6Asbestos...................................................................................................................6Lead Based Paint......................................................................................................6Title Documentation and Closing.......................................................................….7Maps and Pictures........................................................................….................. 8-14Special Terms of Sale...............................................................…...............….15-16

Bid DepositsReturn of Bid DepositBid PriceBidding in GeneralIncreasing Your BidBidding Over the Internet

General Terms of Sale................................................................................ .….17-18Instructions to Bidders.................................................................................…..…19Attachment 1 “Protect Your Family From Lead in Your Home”…............…20-22Background Check Form………………………………………………......…23-24Bid Forms.....................................................................................................…25-30Bid Deposit by Credit Card……………………………………………….......….31


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Important Notice:

Auction bids must be submitted to:

General Services AdministrationReal Property Disposal Office(mailing address)(City, State, Zip Code)Telephone: (number)

Bids are opened daily when received starting November 18, 2003.

If you wish to hand deliver a bid, enter the white GSA office building at the (street address) main entrance. Use the telephone in the lobby to call extension (0000) and you will be directed to the appropriate location. After the initial offer with bid deposit has been submitted, any increases may be transmitted by fax following the guidelines in the Special Terms of Sale.

In addition to Fax Bidding, we are now offering On-Line Bidding at (www.auctionrp.com).See Special Terms of Sale for details.

Results of Each Day’s Bid Opening:

Anyone wanting to know the dollar amount of the current high bid can find out by calling the recorded message at (000) 000-0000 ) . Information on whether or not the property has been sold or when bidding is going to close is also available on the recording 24 hours a day.

Telephonic Inquiry:

If after reading this Invitation for Bids you have any questions about this property, contact (contact’s name, address and telephone number).


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PROPERTY DESCRIPTION: (insert)ASSESSOR TAX PARCELS: (insert)

Invitation for Bids

Auction bids for the purchase of the real property described in the Schedule portion of this Invitation for Bids will be received and then publicly opened starting (date), and continues at the Real Property Disposal Office, General Services Administration, (address). Bids are opened whenever they are received and then announced daily on a recorded telephone message (000) 000-0000 ) .

This Invitation is issued subject to, and bids submitted must be in compliance with an subject to, the provisions of the Invitation, including its Schedule, Special Terms of Sale, General Terms of Sale, Instructions to bidders, and Bid Forms and Acceptance, all of which are attached hereto and by this reference made a part thereof.

Inspection of the Property

Maps and written instructions on the location of the property are enclosed. You may inspect the property exterior anytime during daylight hours. Please do not disturb the neighbors; inquiries about the property should be made to: (contact name, address and telephone number).

The buildings are vacant and locked. Open house schedules are as follows:

(Day, Date and Time).

SCHEDULE

Description:

The property is located approximately (insert property location, and community information).

(Discuss adjacent landownership and any provide any other information.)


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(Discuss past or current use of property. List the improvements, type, size, and time of construction.)

Location/Driving Directions:

(Insert detailed driving directions.)

Utilities:

Electric: Service is provided by (insert name, address and telephone number).

Water: Water is available from the (name, address and telephone number).

Sewer: (Sample language for septic tanks. Septic tanks and leach fields are in place and functioning properly when the facilities were in use. The tanks have not been pumped recently and the systems have not been inspected.)

Heating: (Discuss current services).

Zoning: (State current zoning and name, address, and telephone number of zoning office, additional sample language follows.)

Verification of present zoning and determination of permitted uses there under, along with compliance with the property for present or proposed future use, shall be the responsibility of the bidder and the USDA Forest Service makes no representation in regard thereto. The USDA Forest Service does not guarantee that any zoning information is necessarily accurate or will remain unchanged. Any inaccuracies or changes in the zoning information shall not be cause for adjustment or rescission of any contract resulting from the Invitation for Bids or Sales Agreement.

Legal Description:

(Insert legal description, including acreage, and status information including, grantor, type of acquisition, authority, deed type, deed date, and recording information.)


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Inspection for Health and Building Codes:

The USDA Forest Service is not going to conduct or fund the following service: (1) testing or pumping septic/leach field systems, (2) termite inspection, (3) title insurance, (4) domestic water quality test, or (5) environmental testing. If a purchaser desires these services, they are to be acquired at the purchaser’s expense. No inspection has been or will be made to determine if the structures meet local building codes.

Hazardous Materials:

When required by CERCLA 120Hh), provide notice of hazardous substances storage, release, or disposal. (Consult with OGC Pollution Control Team)

Asbestos:

An asbestos inspection was conducted by (name of firm and date). (Sample Language. Asbestos containing material was discovered in a number of the structures on site. The general recommendation indicates the material should be repaired where needed and sealed. This work has not been done. The report is available to prospective purchasers.)

Lead Based Paint:

(Name of firm and date of inspection. Sample language follows. A State-licensed contractor conducted an inspection of the five residences at the administrative site for lead based paint in December of 2000. The inspection revealed no lead-based paint within the interior of any residence. Exterior testing revealed lead levels above the reporting threshold on the exterior of two of the residences. Indications are the lead may be contained in the base coat paint layer, which is covered with subsequent non-lead based paint. No further testing will be performed at this time. This inspection was not conducted to HUD specifications. The report is available to prospective purchasers, however, interested parties are deemed to have relied on their own judgment in assessing the overall suitability for residential habitation and use by children less than seven years of age .)

Radon:

( Sample language follows. The structures were tested for radon in 1980. The initial test indicated above-normal levels for one structure. A re-test had normal results. No


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26.7 - Exhibit 16 - continued

further testing will be performed. The inspection report is available to potential purchasers upon request.)

Underground Storage Tanks (UST):

( Sample language follows. All known underground storage tanks have been removed or effectively decommissioned in accordance with Department of Environmental Quality requirements. Documents that support the work performed, as well as DEQ certification, are available upon request by potential purchasers.)

Title Documentation and Closing:

The USDA Forest Service has title to this property. The USDA Forest Service will not obtain or provide a title insurance policy. The USDA Forest Service recommends that the purchaser obtain a title policy at their own expense. The USDA Forest Service will pay off any underlying mortgages or liens against the property at closing. The mortgages are not assumable. The USDA Forest Service has decided to use an escrow company(s) to assist in the closing of the sale. The purchaser will be charged half of the escrow fee.

Special Notice:

The descriptions of the property set forth in this Invitation for Bids (Offer to Purchase) and any other information provided therein with respect to said property are based on information available to the USDA Forest Service and are believed to be correct. Any error or omission shall not constitute grounds or reason for nonperformance of the contracts of sale, or claim by purchaser for allowance, refund, or deduction from the purchase price.

In the event the purchaser fails to complete the transaction, the USDA Forest Service may retain the bid deposit as liquidated damages, or the bid deposit may be returned to the purchaser, or the USDA Forest Service may sue for specific performance, all at the USDA Forest Service’s discretion.

Photographs and Maps:(Insert photographs, maps, site plans here.)


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SPECIAL TERMS OF SALE

Bid Deposits– Terms

1. Bid Deposits – Terms

The Government Agency holding title for this property in this IFB is the U.S.D.A. Forest Service, who may be referred to as the “Government agency holding title”.

Bids to purchase must be on a cash basis only. No government credit terms are available. We have no information on the availability of private financing or on the suitability of this property for financing. A bid deposit (see below) is required on each sale parcel. A cashier’s check, certified check, or bank/postal money order only may be used. The Pay to the Order of should be made out to: “General Services Administration (then insert your name).” The full balance of the purchase price is payable within forty five (45) days after award. The full bid deposit that you forwarded will be applied towards payment of the purchase price.

____________________________________________________________________________________

Location Bid DepositName of SiteAddress $00,000

2. Return of Bid Deposits

Only the bid deposits from the two highest bidders must be held until an award decision is made by the U.S.D.A. Forest Service. The second high bid is a backup bid in case the high bidder is disqualified. All other bids and bid deposits will be held until the property is sold unless you request a return in writing. In such cases, deposits will be mailed out within five (5) working days after the request.

3. Bid Price

A sale price and minimum bid of $_____________ has been set for this property. Bids must meet or exceed this amount any amount. The Forest Service is required to obtain market value for the property and reserves the right to reject any and all bids.

4. Type of Sale

The method of sale used here can best be described as a written auction. Some call it a candle sale or sale by candle. It is much like an oral auction except that instead of voice bids, written bids are submitted; and, instead of having to travel to attend the bidding, you can submit your bid by mail, fax or register to bid over internet, and increase your bid by either mail, fax or from your computer on the internet from your home or office. Bidding will take place over a couple of weeks or until sold. You can find out when new bids come in and what the high bids are by calling a 24-hour recorded message or from our web page at auctionrp.com. When no bids have been received on the property for a period of time and the high bid is acceptable to the U.S.D.A. Forest Service, then the high bid will be accepted and the property sold. If you wait to bid it may be too late. Notice of when bidding will be closed is given on the recorded message, and on our web page. You need to pay close attention to either the recording or web page.


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5. Bidding in General

Initial bids with proper bid deposit must be on bid forms applying to this sale and delivered to our office either in person, by mail, by fax, over the Internet or by express delivery. Initial bids (sealed bids) will be opened and announced whenever they are received. Bids will be received until the property is sold or bidding is closed. All bids will be considered by the U.S.D.A. Forest Service. All bids are irrevocable for 45 days from the date received. The bid which represents the best return to the Government will be accepted. However, the Government reserves the right to reject any and all bids at any time for any reason. Once an award decision is made, no further bids will be considered. Additional bid forms are available from the GSA Auburn Office. Forms in the IFB may be photocopied and used.

6. Bidder ID Numbers

Once the bid deposit is received, a bidder ID number will be assigned. You will be informed of your bidder ID number by e-mail or by phone. This number is needed for the bid form if you are faxing bids in, and for bidding over the Internet. The bidder ID number will be used to identify the bidders on the recorded information and on our auction web page.

7. Daily Bidding Results

The day’s bid results are available (24 hours a day) by calling the recorded message at (253) 931-7962. Or view the auction at auctionrp.com.

8. Increasing Your Bid

If you learn from the recorded message or from the web page that your bid was not the high bid, you can submit a higher bid until such time as bidding is closed. Increases in previously submitted bids are welcome and the bid deposit from your first bid will apply to subsequent increased bids. Increased bids must be on GSA bid forms. Increased bids must be at least $1000 more than the previous high bid in order to be considered.

Faxing your bid: Initial bid deposits can be made by cashiers check or certified check by using the Deposit Form in the bid package. Increases in your bid can be made on GSA forms and sent to us by fax. Bids not on GSA forms will be rejected. If your fax bid is not reflected on the recording and it is higher than the announced bid, you need to call us for verification at (253) 931-7547. It is the bidder’s responsibility to make sure that we have the bid. Calling to verify receipt of a bid is recommended when time is important. By faxing your bid you are agreeing that your faxed bid is a binding offer. Bids for faxing must be completely filled out and signed. The fax number (24 hours a day) for bidding is (253) 931-7554.

9. First Call for Final Bids

Once bidding slows down, a date will be set for the receipt of final bids. That date will be announced on the web page and on the voice recording. On that date, if no increased bid is received between 9 a.m. and 3 p.m. Pacific Time, then bidding will close at 3 p.m. and consideration will be given to selling the property to the high bidder. If an increased bid is received between those times, then bidding will be held over until the next business day on the same 9 to 3 terms. Eventually, no one will outbid the high bidder and bidding will close at 3 p.m. on that day. There is no advantage to waiting until 3 p.m. to bid. By bidding in the 11th hour, bidders run the risk that their bids may not get through the electronic media in time.


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10. Bidding Over the Internet

The Special Terms of Sale above apply to bidding over the Internet with the following exceptions and conditions:

1. Bid Deposits - Deposits by cashiers check or certified check may be made following the instructions above.

2. Registering to Bid – Registration may be done on the Internet following instructions on our web page at auctionrp.com. Once the bid deposit is received then the bidder will be assigned a bidder ID number. This number will be sent by e-mail. This number and a personal password must be used in order to bid via the Internet.

3. Bid Form – If the high bidder at the close of bidding registered to bid over the Internet, then that high bidder must, within 48 hours after the bidding closes, submit a signed bid form for the property in the amount of the high bid. The bid form must be received by GSA within 5 business days. Failure to submit the signed bid form may result in loss of the bid deposit and a default judgment for the difference between the high bid and the second high bid. In such cases the property may be sold to the second high bidder.

4. Bidding – Bidders registered over the Internet can increase their bids over the Internet following the on-line instructions or they can submit bids by Fax. Increased bids must be at least $5,000.00 more than the previous high bid in order to be considered. If your bid is not accurately shown on the web page, then you must call us at 253-931-7547. By submitting your bid through our web page, you are agreeing that your Internet bid is a binding offer.

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GENERAL TERMS OF SALE

1. Term - “Invitation for Bids”. The term “Invitation for Bids” as used herein refers to the foregoing invitation for Bids, and its Schedule; the Instructions to Bidders; the General Terms of Sale set forth herein; and the provisions of the Special Terms of Sale, Bid Form, and Acceptance; all as may be modified and supplemented by any addenda that may be issued prior to the time fixed in the Invitation for Bids for the opening of bids or conducting of an auction.

2. Descriptions in Invitation for Bids. The descriptions of the property set forth in the Invitation for Bids and any other information provided therein with respect to said property are based on information available to the GSA sales office and are believed to be correct, but any error or omission, including but not limited to the omission of any information available to the agency having custody over the property and/or any other Federal agency, shall not constitute ground or reason for nonperformance of the contract of sale, or claim by purchaser for allowance, refund, or deduction from the purchase price.

3. Inspection. Bidders are invited, urged, and cautioned to inspect the property to be sold prior to submitting a bid. The failure of any bidder to inspect, or to be fully informed as to the condition of all or any portion of the property offered, will not constitute grounds for any claim or demand for adjustment or withdrawal of a bid after the bid opening or auction.

4. Condition of Property. The property is offered for sale and will be sold “As is” and “Where is” without representation, warranty, or guaranty as to quantity, quality, title, character, condition, size or kind, or that the same is in condition or fit to be used for the purpose for which intended, and no claim for any allowance or deduction upon such grounds will be considered after the bid opening or conclusion of an auction.

5. Zoning. Verification of the present zoning and determination of permitted uses thereunder, along with compliance of the property for present or proposed future use, shall be the responsibility of the bidder and the Government makes no representation in regard thereto. The Government does not guarantee that any zoning information is necessarily accurate or will remain unchanged. Any inaccuracies or changes in the zoning information shall not be cause for adjustment or rescission of any contract resulting from this Invitation for Bids or Sales Agreement.

6. Continuing Offers. Each bid received shall be deemed to be a continuing offer after the date of the bid for 45 calendar days, unless the bid is accepted or rejected by the Government before the expiration of the 45 calendar days. If the Government desires to accept any bid after the expiration of the 45 calendar days, the consent of the bidder shall be obtained prior to such expiration.

The high bidder may be subject to a background investigation by the Government agency holding title.

7. Possession.a. Possession of the property will normally be granted effective on the date the full purchase price is credited to the proper Government account. The Government agency holding title shall determine the date of possession. The purchaser agrees to assume possession with all attendant rights and responsibilities. The conveyance document will be made effective the date possession is granted. If the purchaser fails to take actual possession (s)he shall be charged with having taken constructive possession. The word “possession” shall mean either actual physical possession or constructive possession.

b. Although by assuming possession under a, above, the bidder incurs certain responsibilities and obligations under other conditions of this contract, such possession does not confer any right in the bidder either to make any alterations or improvements in or to the property or to use it for any purpose of his own without first obtaining the written approval of the Contracting Officer. Any such approval will be conditioned on the bidder paying to the Government for the privileges granted, for the period from the date of the approval to the date of conveyance, an amount equal to the interest for such interval of time on the unpaid balance of the purchase price. The interest rate shall be computed based on the yield of 10-year United States Treasury maturities as reported by the


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Federal Reserve Board in “Federal Reserve Statistical Release H.15” plus one and one-half percent (1-1/2%) rounded to the nearest one-eighth percent (1/8%) as of the date of bid acceptance.

8. Taxes. As of the date of assumption of possession of the property, or the date of conveyance, whichever occurs first, the successful bidder shall assume responsibility for all general and special real and personal property taxes which may have been or may be assessed on the property.

9. Risk Of Loss. As of the date of assumption of possession of the property or the date of conveyance, whichever occurs first, the successful bidder shall assume responsibility for care and handling and all risks of loss or damage to the property and have all obligations and liabilities of ownership.

In the event of a major loss or damage to the property as a result of fire or other cause during the period of time between acceptance of the bid by the Government and the granting of possession to the successful bidder, such loss or damage shall not be considered grounds for invalidating the contract of sale; however, the loss in value to the property as a result of said major loss or damage may be considered in granting an allowance on the purchase price, such allowance to be determined by the Contracting Officer. In any case, with respect to any claim against the Government, the extreme measure of the Government’s liability shall not in any event exceed refund of the purchase price or such portion thereof as the Government may have received.

10. Insurance. The Government is not imposing any insurance requirements on the purchaser for the time period between award and possession.

11. Revocation Of Bid And Default. In the event of revocation of a bid after the opening of bids or conducting of an action but prior to acceptance, or in the event of revocation of a bid after notice of acceptance, or in the event of any default by the successful bidder in the performance of the contract of sale created by such acceptance, or in the event of failure by the successful bidder to consummate the transaction, the deposit, together with any payments subsequently made on account, may be forfeited at the option of the Government, in which event the bidder shall be relieved from further liability, or without forfeiting the said deposit and payments, the Government may avail itself of any legal or equitable rights which it may have under the bid or contract of sale.

12. Government Liability. If this Invitation for Bids is accepted by the Seller and: (1) Seller fails for any reason to perform its obligation as set forth herein; or (2) title does not transfer or vest in the Purchaser for any reason although Purchaser is ready, willing, and able to close, Seller shall promptly refund to Purchaser all amounts of money Purchaser has paid without interest whereupon Seller shall have no further liability to Purchaser.

13. Title Evidence. Any title evidence which may be desired by the successful bidder will be procured by him at his sole cost and expense. The Government will, however, cooperate with the successful bidder or his authorized agent in this connection, and will permit examination and inspection of such deeds, abstracts, affidavits of title, judgments in condemnation proceedings, or other documents relating to the title of the premises and property involved as it may have available. It is understood that the Government will not be obligated to pay for any expense incurred in connection with title matters or survey of the property.

14. Title. If a bid for the purchase of the property is accepted, the Government’s interest will be conveyed by a quitclaim deed or deed without warranty and/or, where appropriate, a bill of sale in conformity with local law and practice.

15. Tender Of Payment And Delivery Of Instrument Of Conveyance. The Government shall set a sale closing date. The balance of the purchase price must be submitted to the Government agency holding title within forty five (45) days of the date of award unless otherwise stated. The successful bidder shall tender to the Government the balance of the purchase price by Cashiers check. Upon such tender


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being made by the successful bidder, the Government shall deliver to the successful bidder the instrument, or instruments, of conveyance. The Government reserves the right to extend the closing date for a reasonable amount of time for purposes of preparing necessary conveyance documents. In any event, if possession was assumed by the successful bidder prior to the date of conveyance, the successful bidder shall pay, in addition to the purchase money due, an amount determined in accordance with paragraph 7 above.

16. Delayed Closing. The successful bidder shall pay interest on the outstanding balance of the purchase price if the closing of the sale is delayed, and the delay is caused, directly or indirectly, by the successful bidder’s action and not by any action on the part of the Government. The interest rate shall be computed based on the yield of 10-year United States Treasury maturities as reported by the Federal Reserve Board in “Federal Reserve Statistical Release H.15” plus one and one-half percent (1 1/2%) rounded to the nearest one-eighth percent (1/8%) as of the date of bid acceptance. The Government reserves the right to refuse a request for extension of closing.

17. Documentary Stamps and Cost Of Recording. The successful bidder shall pay all taxes and fees imposed on this transaction and shall obtain at bidder’s own expense and affix to all instruments of conveyance and security documents such revenue and documentary stamps as may be required by Federal and local law. All instruments of conveyance and security documents shall be placed on record in the manner prescribed by local recording statutes at the successful bidder’s expense.

18. Contract. The Invitation for Bids, and the bid when accepted by the Government, shall constitute an agreement for sale between the successful bidder and the Government. Such agreement shall constitute the whole contract to be succeeded only by the formal instruments of transfer, unless modified in writing and signed by both parties. No oral statements or representations made by, or for, or on behalf of either party shall be a part of such contract. Nor shall the contract, or any interest therein, be transferred or assigned by the successful bidder without consent of the Government, and any assignment transaction without such consent shall be void.

19. Officials Not To Benefit. No member of or delegate to the Congress, or resident commissioner, shall be admitted to any share or part of the contract of sale or to any benefit that may arise therefrom, but this provision shall not be construed to extend to the contract of sale if made with a corporation for its general benefit.


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INSTRUCTIONS TO BIDDERS1. Bid Form.

a. Bids must be submitted on the Bid Form accompanying this Invitation for Bids, and all information and certifications called for thereon must be furnished. Bids submitted in any other manner or which fail to furnish all information or certifications required may be summarily rejected. While telegraphic bids will not be considered, unless specifically authorized in the Invitation for Bids, bids may be modified or withdrawn by telegram prior to the time fixed in this Invitation for Bids for the opening of bids.

b. Bids shall be filled out legibly with all erasures, strikeovers, and corrections initialed by the person signing the bid and the bid must be manually signed.

c. Negligence on the part of the bidder in preparing the bid confers no right for withdrawal or modification of the bid after it has been opened.

d. In submitting a bid, only return the Bid Form. Retain all other documents, including one copy of the Bid Form, for your record.

2. Bid Envelopes. Envelopes containing bids must be sealed and addressed to the bid receiving office stated in this Invitation for Bids. The name and address of the bidder must be shown in the upper left corner of the bid envelope, and the invitation number, the date and hour of bid opening and the phrase “Bid for Real Property” must be shown in the lower left corner of the envelope. No responsibility will attach to any officer of the Government for the premature opening of or failure to open a bid not properly addressed and identified.

3. Bid Executed On Behalf Of Bidder. A bid executed by an attorney or agent on behalf of the bidder shall be accompanied by an authenticated copy of his Power of Attorney or other evidence of his authority to act on behalf of the bidder.

a. Corporation. If the bidder is a corporation, the Certificate of Corporate Bidder must be executed. The certificate must be executed under the corporate seal by some duly authorized officer of the corporation other than the officer signing the bid. In lieu of the Certificate of Corporate Bidder, there may be attached to the bid copies of so much of the records of the corporation as will show the official character and authority of the officer signing, duly certified by the secretary or assistant secretary, under the corporate seal, to be true copies.

b. Partnership. If the bidder is a partnership and all partners sign the bid, with a notation that they are all the partners, the Government will not ordinarily require any further proof of the existence of the partnership. If all the partners do not sign the bid, then the names of all those except limited partners must be furnished on the bid and the Government, in its discretion, may require evidence of the authority of the signer(s) to execute the bid on behalf of the partnership.

4. Bid Deposit. Each bid must be accompanied by a bid deposit in the form of a certified check or cashier’s check, payable to the order of the Government agency holding title and the name of the bidder, so that either the Government agency or the bidder, if unsuccessful, may negotiate the draft. See “Special Terms of Sale, Bid Deposits-Terms” for further clarification.

Failure to provide the bid deposit shall require rejection of the bid. Upon acceptance of a bid, the appropriate bid deposit of the successful bidder shall be applied toward payment of the successful bidder’s obligation to the Government. After the award, action will be taken within 5 working days to return all bid deposits with the exception of the deposit from the high bidder.


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5. Additional Information. The General Services Administration issuing office, at the address given in this Invitation for Bids, will, upon request, provide additional copies of this Invitation for Bids, Bid and Acceptance, and answer requests for additional available information concerning the property offered to facilitate preparation of bids. Each bid submitted shall be deemed to have been made with full knowledge of all terms, conditions, and requirements contained in this Invitation for Bids.

6. Waiver Of Informalities Or Irregularities. The Government may, at its election, waive any minor informality or irregularity in bids received.

7. Acceptable Bid. A bid received from a responsible bidder whose bid, conforming to this Invitation for Bids, will be most advantageous to the Government, price and other factors considered, is an acceptable bid. In the event two or more acceptable bids are received that are equal in all respects, the selection will be made by a drawing by lot limited to such equal bids.

8. Notice Of Acceptance Or Rejection. Notice by the Government of acceptance or rejection of a bid shall be deemed to have been sufficiently given when telegraphed or mailed to the bidder or his duly authorized representative at the address indicated in the bid. The Government’s processing of a bid deposit shall not, in itself, constitute acceptance of the bidder’s offer. The Government reserves the right to reject any or all bids or portions thereof.


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BID FOR PURCHASE OF GOVERNMENT PROPERTY

Example Administrative Site, Address of Property

To: General Services Administration, Real Property Disposal Office (9PRF-10), GSA Center, 400 15th Street SW, Auburn, WA 98001-6599

Subject to: (1) the terms and conditions of the Invitation for Bids identified above, and its schedule; (2) the Instructions to Bidders; and (3) the General Terms of Sale, all of which are incorporated as part of this bid, the undersigned bidder hereby offers and agrees, if this bid be accepted, within 45 calendar days after date of this bid, to purchase the property described in said Invitation for Bids for which bid price is entered below.

The initial bid must be accompanied by a bid deposit. The deposit amount is listed in Special Terms of Sale. The deposit must be in the form of a certified check, cashier’s check, or bank/postal money order. Do not use personal or company checks. All checks payable to “USDA Forest Service)”.

Amount Bid $_____________________________________________________________________________

Spelled-out______________________________________________________________________

Enclosed bid deposit amount $_______________________________________________________

In the event this bid is accepted, the deed should name the following as grantee(s):

______________________________________________________________________________

Indicate above the manner in which title is to be taken (e.g., husband and wife; joint tenants; tenants in common). Include addresses. Indicate marital status. Include name of spouse if to be named as grantee. If deed is to be made to partnership, provide partnership name. If deed is to be made to partners, provide names of partners.

Bidder Represents that (s)he operates as (check appropriate box):

an individual

Initial Bid

Increase Bid

(Please Check One)


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an individual doing business as____________________________________________

a partnership consisting of (include full names of all partners)_____________________

___________________________________________________________________________________

___________________________________________________________________________________


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a corporation incorporated in the State of ___________________________________

a trustee or an agent with recorded power of attorney acting for __________________

_________________________________________________________________________________

Signature Of Bidder:

Name___________________________________________________________Date____________________

Address_________________________________________________________________________________

City/State/Zip_________________________________________ Telephone (_____)____________________

Bidder ID Number______________________________ (will be assigned)

E-Mail Address_________________________________________________________________________________

Continued on Reverse


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Lead Based Paint Disclosure

Lead Warning StatementEvery purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller’s possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.

Seller has limited reports or records pertaining to lead-based paint and/orlead-based paint hazards in the housing.

Purchasers Acknowledgment (initial)

____Purchaser has a copy of the pamphlet “Protect your family from lead in your home” (included in bid package).

Purchaser has (Check one below)

Received an opportunity to conduct a risk assessment orinspection for the presence of lead-based paint and/or leadbased paint hazards; or

Waived the opportunity to conduct a risk assessment orinspection for the presence of lead-based paint and/orlead-based paint hazards.

Signature of Bidder ___________________________________

Date ____________________________


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BID DEPOSIT BY CREDIT CARD

Property Name and Address

To: General Services Administration, Real Property Disposal Office (9PRF-10), GSA Center, 400 15th Street SW, Auburn, WA 98001-6599

Fax Number: 253-931-7554

This form may be submitted by Fax.

By completing this form you agree to abide by all the rules and regulations of this auction and the terms and conditions in this bid package that applies to the property. You agree that your credit card will be charged the full amount of the deposit if you are the high bidder at the close of bidding. The deposit amount is listed in the Special Terms of Sale.

Applicant’s Last Name: _______________________________________

First Name: _______________________________ M.I.: _____________

Address: ___________________________________________________

City: ________________________ State: ________ Zip Code: ________

Visa Master Card

Card Number: _______________________________ Expiration: ________

Name As It Appears On Card: ____________________________________

E-Mail Address: ________________________________________________

Phone Number: ____________________ Fax Number: ________________

Signature: __________________________________ Date: _____________


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26.7 - Exhibit 17

EXAMPLE OF TEXT ANNOUNCING A SUCCESSFUL BID(Competitive Sale)

Certified Mail – Return Receipt Requested

( Addressees’ name and address ) | (Case name)_____________________ | (Name) National Forest_____________________ | Forest Case No. (number)

Notification of Acceptance of High BidPurchase Price Required

Pursuant to the Act of (authority), the USDA Forest Service offered for competitive sale the (case name) of the (name) National Forest. The written/online auction commenced on (date), with the General Services Administration (GSA). A final winning bid was made on (date), and the auction was closed to further bidding on (date).

The Forest Service has determined that you are the highest qualified bidder for the (0.00)-acre (case name). Your bid of ($0.00) is an acceptable offer and your deposit of ($00,000.00) has been received and will be held and applied to the purchase price.

According to the General Terms of Sale as outlined in the Invitation for Bids (IFB), acceptance of the highest qualified bid by the government constitutes an agreement for sale between you as the successful bidder and the government. This sale is further subject to all of the terms and conditions of the IFB and its schedule, the instructions to Bidders, and the Special and General Terms of Sale.

Under the General Terms of Sale of this property, you have (number) days from receipt of this notice to submit the balance of the purchase price. The balance of the purchase price is ($0.00) and must be submitted in the form of a cashiers check at the time of closing. Unless otherwise agreed to, the closing date will be (date) and will occur at the (name) National Forest, Supervisor’s Office, (address) at (time) am/pm. Upon receipt of the purchase price you will be provided the conveyance document, which will be issued in the name of (name), per your request. If you wish to propose a different date or time for closing, please contact (contact person).

(Signature Block of Authorized Officer)


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EXAMPLE OF TEXT ANNOUNCING A SUCCESSFUL OFFER(Direct Sale)

File Code: 5570Date:

(Addressees’ name and address)

Dear: (addressee):

The appraisal for the (0.00) acre parcel (and associated improvements ) known as the (case name) of the (name) National Forest at (city), (state) has been completed and a value of ($0.00) has been established. We are pleased to offer the parcel for sale to (name of non-Federal party) at this price.

If you accept this offer, we will proceed with processing the sale of the property. Within the next month, a Purchase and Sale Agreement will be sent to you for your review and signature. We will also send you a draft copy of the Quitclaim deed for you to review. If you are unable to accept our offer, we will proceed with offering the property for sale using the competitive bid process.

Further details regarding the transaction and closing will be included the Purchase and Sale Agreement.

( Name of contact person and title ) , will be handling the closing process. Please provide ( contact person ) with a copy of a resolution showing who has authority to sign for and to accept this property for the ( addressee ) . (Contact person’s) address and telephone number are (address and telephone number). Feel free to contact (him/her) if you have any questions or would like more information.

Thank you very much for your continued cooperation. We look forward to working with you to complete this sale.

(Signature block of Forest Supervisor)

(Copy the letter to RO Lands and the Ranger District)


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26.7 - Exhibit 18

AGREEMENT OF INTENT FOR A DIRECT SALE

U. S. DEPARTMENT OF AGRICULTUREForest Service

5570(name) National Forest(case name)

AGREEMENT OF INTENTPROPOSED SALE OF FOREST SERVICE PROPERTY

(city and state)

Proposed Direct Sale of Land(authority)

We, the (name of non-Federal party) of (address and telephone number), hereinafter called the non-Federal party, and the Forest Service, U.S. Department of Agriculture, acting through their authorized representatives, intend to enter into a sale agreement to convey to the non-Federal party the Federal property described in Exhibit A, attached hereto and made a part hereof, and under the terms and conditions described herein and in the Implementation Schedule, attached hereto and made a part hereof as Exhibit B.

The basis of this Agreement of Intent is the offer for purchase of the property made by the non-Federal party by letter dated (date).

GENERAL PROVISIONS:

1. It is understood that the basis for value (sale price) of the property shall be an appraisal which has been approved by the Forest Service.

2. This Agreement of Intent authorizes the non-Federal party and its contractors to enter on Federal lands for such purposes as preparing environmental site assessments, historic and cultural investigations, land line surveys, wildlife and wetland inventories and other evaluations deemed necessary by the Forest Service to fully evaluate the affects and merits of the sale proposal.


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3. It is understood that upon approval of the sale price, terms and conditions by the appropriate Forest Service official, the parties will enter into a Purchase and Sale Agreement that shall be binding to both parties. It is understood that prior to the Purchase and Sale Agreement, or issuance of a deed by the United States, if no Purchase and Sale Agreement is executed, no action taken shall create or establish any contractual or other obligations against the non-Federal party or the United States. Either the non-Federal party or the Forest Service may withdraw from the sale at any time prior to execution of the Purchase and Sale Agreement, or conveyance from the United States.

4. Title will be conveyed by quitclaim deed issued by the USDA Forest Service, unless some other form of deed is approved by the USDA, Office of the General Counsel.

5. The United States does not furnish title insurance for the property it conveys. If title insurance is desired by the non-Federal party, it must be procured at its own expense.

6. A timeline for processing this proposal and the agreement on responsibility for costs on specified items is provided for in Exhibit B, the Implementation Schedule.

7. The Forest Service is responsible for compliance with Section 120(h) or the Comprehensive Environmental Response, Liability, and Compensation Act (CERCLA). Prior to entering into the Purchase and Sale Agreement, the Forest Service will conduct an environmental investigation of the Property, as appropriate to comply with Section 120(h) of CERCLA, concerning any release or threatened release of hazardous substances or petroleum products on the Property. In the event that the Forest Service determines that any hazardous substance was stored for more than 1 year or more, known to have been released, or disposed of on the Property, the Purchase and Sale Agreement shall include a notice of the type and quantity of such hazardous substance and the time at which such storage, release, or disposal took place, to the extent such information is available on the basis of a complete search of agency files.


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8. When required pursuant to Section 120(h)(3)(A) of CERCLA, the Forest Service must also include a covenant in the conveyance document providing that the United States shall conduct, after the conveyance, any response or corrective action found to be necessary to protect human health and the environment from associated with releases or threatened releases attributable to the time the United States owned and operated the property and a clause granting the United States access to the property to conduct the response or corrective action on the property.

9. No member of Congress, or Resident Commissioner, shall be admitted to any share or part of this proposal or to any benefit that may arise therefrom unless it is made with a corporation for its general benefit (18 U.S.C. 43l, 433).

10. The undersigned is a citizen of the United States or a corporation or other legal entity subject to the laws of the United States or a State thereof, and is 21 years old or over.

11. Notification Statement: Public Availability of Property-Related Information. Any party who has signed below acknowledges receipt of this notification: All documents pertaining to Federal lands necessary for the evaluation, processing and consummation of a land adjustment transaction, including but not limited to appraisals, timber cruises, specialist reports, geology/mineral reports, title and other property information, are subject to public availability at the discretion of the Federal party. This includes information which may be contained in a system of records exempted from the requirements of the Privacy Act (5 U.S.C. 552a), and information which may qualify for exemption from disclosure under the Freedom of Information Act (5 U.S.C. 552b)).

However, it is the general intent of all parties that land adjustment transaction documents will be considered "pre-decisional working papers" not subject to premature availability prior to the point which concludes evaluation of the proposal through the agency's established, required processes and policy.



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SPECIFIC PROVISIONS:

1. The non-Federal party will provide the following services:a. (insert)b. (insert)

This Agreement of Intent may be amended by mutual agreement of the parties.

BY: Date (non-federal party)

BY: Date (name)

Forest SupervisorU.S. Department of AgricultureForest Service

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0105. The time required to complete this information collection is estimated to average 3 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.


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EXHIBIT A

Property that the Forest Service is proposing to sell:

( name ) Principal Meridian, ( name ) County, ( state )

(Legal description of Federal land)

Land reservations and exceptions to title:

Reservations: (insert)

Outstanding Rights: (insert)

EXHIBIT B

( Attach implementation schedule )


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26.7 - Exhibit 19

PURCHASE AND SALE AGREEMENT FOR DIRECT SALE

PURCHASE AND SALE AGREEMENT(Case Name)

THIS PURCHASE AND SALE AGREEMENT, (hereafter called the Agreement) is made effective as of the date of the last authorized signature below, between (non-federal party) herein referred to as the Purchaser, and the United States of America, acting by and through the Forest Service, Department of Agriculture, hereinafter referred to as the Forest Service. This Agreement is hereby executed pursuant to the (authority).

WITNESSETH:

WHEREAS, the parcel of land, and certain improvements, located in (legal description of Federal property), as described in Schedule A, attached hereto and made a part hereof. The Property is offered for sale to the Purchaser at the approved appraised market value sale price of ($000,000).

WHEREAS, the Purchaser agrees to pay the full sale price for purchase of the property.

NOW THEREFORE, in consideration of the terms and conditions of this Agreement, the parties agree as follows:

A. The Purchaser shall:

1. Make payment in the amount of ( $000,000 ) within 30 days of the execution of this Agreement unless extended by mutual agreement. Said payment shall constitute full payment for the Property. Payment must be made in the form of a certified check, postal money order, bank draft, or cashier’s check and made payable to the Department of Agriculture, Forest Service.

1. Bear the cost of any survey, if additional survey is needed. The Property has been surveyed by the Forest Service. As of the date of this agreement, no additional survey work has been identified.


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3. Bear the cost of recordation services, and title insurance required or desired by the Purchaser. Note that the Federal government does not provide title insurance, title commitments, or other title documents.

4. Record the deed in the appropriate county land records.

B. The Forest Service shall:

2. Remove any personal property and equipment that is not included in the sale, prior to the date of closing.

3. (Sample language) Terminate the existing utility permit. Purchaser will need to work with the utility department to provide them with an easement for this existing power line.

4. Upon receipt of the full payment from the Purchaser, execute and deliver a Quitclaim Deed conveying the Property to the Purchaser. Such deed shall be prepared by the Forest Service. At closing the property shall be free and clear of all exceptions to title, liens, easements, covenants, restrictions, encumbrances, etc., now known as Exceptions, except those shown on the Deed.

5. Notice Regarding Petroleum Products: (Discuss the results from the hazardous materials evaluation and any impacts to the property . )

6. Notice Regarding Asbestos: (When asbestos-containing buildingmaterials are present in structures, discuss the results from the evaluation, and any removal taken place.). By this notice the Forest Service is disclosing the presence of asbestos-containing material in these structures/residences and that no further remedial action will be done. The purchaser will be required to sign the attached Indemnification agreeing to hold the United States harmless from damage, losses, claims, liability and cost relating to asbestos. By signing this attachment, the purchaser is also providing written assurance that they will comply with applicable Federal, State and local laws relating to the management and disposal of the asbestos-containing building materials.

7. Notice Regarding Lead Based Paint: Example of language to use: The Forest Service contracted for inspections and risk assessment for lead-based paint in the residence. The report indicates that the inspection was a limited inspection for informational purposes and were not intended for use in qualifying for HUD Section 8 housing, nor would they be considered full HUD Risk Assessments. The inspections indicate that Residence No. 1037 was found to contain lead paint above the amount (1.0 mg/cm2) considered to be lead-based paint in the “Guidelines for the Evaluation and


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Control of Lead-Based Paint” published by the U. S. Department of Housing and Urban Development (HUD). This paint was found to be in an intact condition, and at the time of inspection required no repair or monitoring. It would not be considered a lead-based paint hazard as defined by Title X of the HUD regulations. This information is provided since OSHA Lead in Construction Standards and the Washington Administrative Code (WAC) may apply during renovation and remodeling activities. Neither agency has established a lead concentration level in paint below which the lead in construction standards does not apply.

The purchaser will be required to sign the attached Indemnification, agreeing to hold the United States harmless from any damage, losses, claims, liability and cost relating to lead base paint. By signing this attachment, the purchaser is also providing written assurance that they will comply with applicable Federal, State and local laws relating to the management and disposal of the lead based paint.

8. For Termination of Federal Government Operations as defined in Section 102(h)(4) of)CERCLA insert the following clause:

The Property is land upon which Federal Government operations have been conducted and are being terminated. The Forest Service has conducted an investigation pursuant to Section 120(h)(4) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to determine if there is any contamination from hazardous substances or petroleum products and hasa identified this property as uncontaminated. The Forest Service has obtained concurrence on (date) from the State of (name), Department of (name) that the property is uncontaminated. Although the property is uncontaminated, the Forest Service is required to include the following in the deed of conveyance:

a. A covenant that the United States shall conduct, after the conveyance, any response or corrective action found to be necessary to protect human health and the environment associated with the releases or threatened releases attributable to the time when the United States owned and operated the Property.

b. A clause granting the United States access to the Property to conduct the response or corrective action on the Property or on adjoining Property.


C. Other Terms and Conditions:

1. The Purchaser understands that the Forest Service does not furnish title insurance for the property it conveys, and if needed by the Purchaser, title insurance will be the responsibility of the Purchaser. The Forest Service shall provide a copy of its Federal Land


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Status Report (attached) showing any encumbrances or outstanding rights on the Property, and a draft of the Quitclaim Deed for the Property (attached).

2. The Purchaser agrees that no representative or agent of the United States has made any representations or promise with respect to this agreement not expressly contained herein.

3. The terms of this contract shall be binding on the Purchaser and the Forest Service, subject to the terms and conditions herein provided:

a. The agreement is not terminated by mutual consent or upon such terms as may be provided in the agreement.

b. No substantial loss or damage occurs to the Property from any cause.

c. No undisclosed hazardous substances are found on the Property prior to conveyance.

4. In accordance with State law, either party may record this Agreement in the appropriate county land records.

IN WITNESS THEREOF, the parties hereto have executed this agreement.

PURCHASER USDA FOREST SERVICE

By: _____________________ By:________________________(Name of non-Federal party) (name of authorized officer)

(title)(name) RegionUSDA Forest Service

_______________ ________________Date Date


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26.7 - Exhibit 20

CLOSING INSTRUCTIONS(Name of Buyer)

(Case Name)Case No. (number)

The following steps should be taken to insure good title:

1. Before delivery to the landowner, the Quitclaim Deed should be reviewed, finalized, and certified on the first page in the left margin that the description, acreage, consideration, conditions, and form are correct.

2. The Quitclaim Deed should be properly executed and acknowledged and then recorded in all pertinent counties.

3. The Forest Service shall provide to the purchaser a copy of the Federal Lands Status Report showing any encumbrances or outstanding rights and a draft copy of the Quitclaim Deed for the property.

4. You should assure yourself that there is no one in possession of the premises at the time of the recording of the Quitclaim Deed claiming any rights adverse to either the Grantor or the Grantee.

5. The Purchaser will deposit ($0.00) in escrow for the consideration of the sale of the subject Federal property. The consideration will be in the form of a certified check, postal money order, bank draft, or cashier’s check and made payable to the Department of Agriculture, Forest Service.

6. The Purchaser will pay the cost of any escrow, recordation services/expenses incurred for this land sale, and title insurance required or desired by the purchaser. Note that the Federal government does not provide title insurance, title commitments, or other title documents.


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6. The following documents will need to be included for use in closing the land sale title docket file:

Copy of recorded Quitclaim Deed (see items 1 and 2 above)Certificate of Possession (FS 5400-37)A copy of the check made out to the USDA Forest Service for ($0.00) cash considerationPayment Receipt FormEscrow instructions (if applicable)Any curative documents (if applicable)Acreage Data Base Form (if applicable)


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26.7 - Exhibit 21

ESCROW INSTRUCTIONS FOR CLOSING

File Code: 5570Date:

(Name of Contact)(Title Company Address)

Re: (Case Name), Case No. (Number)(Location or Address of Property)

Dear (name of contact):

Please open an escrow account for the sale of a residence located at (address of property). Fee simple interest in the property is currently vested in the United States of America. The property will be conveyed to (name of non-Federal party). (Name of non-Federal party) will be required to abate lead paint on the residential structure, as specified by the United States, as well as to deposit a performance guarantee for such work to escrow. This letter and its attachments comprise the Federal escrow instructions.

(Name of non-Federal party) will represent (himself/herself). I am the representative for the United States. We may be contacted as follows.

(name of Non-Federal party)Address: (insert)Email: (insert)

(Forest Contact/Project Manager ) (Name) National ForestAddress: (insert)Phone: (insert)Fax: (insert)Email: (insert)


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Enclosed is a copy of the executed Purchase and Sale Agreement between (name of non-Federal party) and the United States of America. Also enclosed and submitted into escrow is the original executed Quitclaim Deed from the United States to (name of non-Federal party).

(Name of non-Federal party) will be responsible for title insurance, if (she/he) elects to obtain a policy. Escrow fees will be shared equally by the parties. (Name of non-Federal party) will pay recording fees for the Quitclaim Deed. For the current tax year, the property is in tax-exempt status.

If you have any questions about this transaction, please feel free to contact me.

Sincerely,

(Signature block)

Enclosures:Copy of Purchase and Sale AgreementEscrow InstructionsQuitclaim Deed

cc: (Name of non-Federal party)


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ESCROW INSTRUCTIONS

United States of America, Grantor

And

(Name of non-Federal party), Grantee

(Case Name), Case No. (Number)(Location)

A. Enclosed is a Quitclaim Deed in favor of (name of non-Federal party) for real property in (county and state). Also enclosed is a copy of the Purchase and Sale Agreement between the parties above-referenced for said real property. Enclosed is a cashier’s check, no. (number), for the deposit amount of ($0.00), made payable to the USDA Forest Service. This deposit may be applied toward the purchase price of said real property.

B. When (1) the total of ($0.00) for the purchase of said property, which can include the ($0.00) deposit, and an additional ($00,000) for the performance guarantee for lead abatement work have been deposited to escrow by (name of non-Federal party), (2) a fully executed copy of the Purchase and Sale Agreement has been deposited to escrow by the United States, and (3) each party has deposited its prorated share of escrow and closing costs, the following is authorized:

1. Record the Quitclaim Deed

2. Return to the United States representative, (name and address of Forest Service contact):

Copy of recorded Quitclaim Deed A check in the amount of ($0.00) Closing Statement Receipt showing escrow and recording fees paid

4. Return to (Name and address of non-Federal party):

Original recorded Quitclaim Deed Closing Statement



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5. Retain the ($00,000) performance guarantee for lead-based paint abatement, until 90- days after closing or until notified by the United States representative that the guarantee is no longer needed, whichever occurs first. If the United States representative notifies (name of title company) that the performance guarantee is no longer needed, (name of title company) shall pay the ($00,000) performance guarantee to (name of non-Federal party). Otherwise, (name of title company) shall pay the ($00,000) performance guarantee to the USDA Forest Service and send to the United States representative as identified above.

(Name of Forest Service Contact)(Title)(Name) National ForestUSDA Forest Service

Note: This example contains language pertinent to lead based paint abatement, delete this language if not applicable to case.


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26.7 - Exhibit 22

Facilities Conveyance Tracking and Reporting Spreadsheet

This is a landscape document…..will need to scan in.


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