Overview of Tripartite Land Exchange Process
Tripartite Land
Exchange
Where, Who, What, When, Why, &
How’s
Kevin Heikkila
and input from many
February 2015
Authorities
•
General Exchange act of March 20, 1922
(Public Domain Land)
•
Weeks Act of March 1, 1911
(Acquired Land)
•
Both acts authorize the exchange of NFS land or timber
Where can they occur?
•
Within exterior boundary of a National
Forest.
•
Same state, not necessarily the same
forest.
-- Chief
-- Regional Forester
-- R6 Director Recreation,
Lands, Minerals, Heritage
Current Delegation of Authority
1. The
Landowner
whose land the US
will acquire through “exchange”.
2. The
Purchaser
of National Forest
timber sale(s).
3. The
Forest Service
, who will acquire
the land.
Who is involved?
Who is Involved?
•
Landowner
willing seller of their property
to the U.S.
Who is Involved?
•
Timber sale
purchaser
– signs timber sale
contract thus agree cash paid for timber
value to USFS may be placed in a suspense
account.
•
Suspense account funds set up via ASC are
used to pay the landowner for acquisition
of the land.
Who is Involved?
•
Forest Service Staff
•
Forest staff propose lands to acquire.
•
Forest/Lands Zone staff meet & work with
landowner to process the exchange.
•
Timber staff
•
insure C(T)8.71 clause is in contract,
•
timber sale receipts are maintained &
available for land payment.
What is C(T) 8.71 Clause
•
C(T) 8.71
-
Tripartite Land Exchange
.
(4/99) The purchaser agrees that the cash
consideration required by BT 4.0 paid for
the contracted timber may be utilized by
the United States in a tripartite land
exchange where by the United States may
assign and pay such funds to a land
exchange proponent as consideration for
lands to be granted to the United States.
Who is Involved?
•
County Commissioners
•
Should
concur with the land exchange.
•
Timber sale receipts go to suspense
account, not toward payment to states
(25% receipts) fund.
•
Commissioners may not want to see
private land go into federal ownership.
Who Else Can Be Involved?
•
Tribes
•
Non Governmental Organizations
•
Others?
What’s Different?
•
NEPA for Tripartite exchange is completed
under Timber Sale requirements.
•
Exhibit B of the ATI and Exchange
Agreement identifies the timber sale(s)
that will contribute to land purchase.
What Else? - Timber Funds
•
September 14, 2001, Memo direction from the Washington
Office;
What Else?
•
Not all timber sale receipts are available for
tripartite cases.
•
Retroactive dollars (already deposited into
Treasury) are not available.
•
Stewardship sales are not eligible.
What Else
•
C8.71 clause can be added through formal
contract modifications, with purchaser
concurrence if timber has not been removed.
•
No authority to apply the C8.71 provision
retroactively once sale volume has been
removed.
•
Applies to un-harvested volume remaining on
the sale.
What Else?
•
Timber sale will not be considered for
tripartite exchange purposes unless total
gross stumpage value exceeds the sum of
1)
required minimum deposit to NFF, and
2)
total planned amount of KV and SFF
collection.
Why are they Completed?
•
High priority need (conservation,
watershed restoration or other)
•
Opportunity to acquire non-Federal land(s)
that may not compete for LWCF Act funds.
•
Appropriate alternative use for timber sale
receipts (vs returning to Treasury).
Why Aren’t They Done More?
•
Timber Sales have not, until recently,
generated enough funds to turn back to
the Treasury.
•
Until recently, Lands Staff priority work
focuses on Administrative Site sales,
Encroachments, Rights of Way.
•
Capacity, experience, expertise in staff.
How To Get Started-
•
ID land with willing seller
•
Identify timber sale(s) to be included in
the exchange.
•
Initiate a Feasibility Analysis
What Gets Done?
•
Tripartite Exchange Implementation
Schedule - steps are followed through
Case Closing.
•
Timber sale contracts
contribute a portion
of their receipts to tripartite exchanges.
Contracts must contain enabling contract
Special Provision. The current approved
provision is C(T)8.71.
•
Non-Federal land is acquired using timber
receipts.
Parcels being considered
•
Remember – the lands to be acquired have to be within the
Exterior Boundary
of National Forest System land.
Questions?
•
Question: Does a land purchase have to close before the
timber sale contract is closed?
•
Answer: NO - as long as the funds are set up in an
account dedicated to that purchase, those funds will be
available until expended or returned to treasury, if it is
more than the amount needed for the purchase.
The Tripartite Land Exchange process involves the exchange of National Forest System (NFS) land or timber through authorized acts dating back to 1911 and 1922. The exchange can occur within the boundaries of a National Forest, involving various stakeholders including landowners, timber purchasers, and the Forest Service. The process includes delegation of authority, involvement of different parties, and the utilization of a specific clause (C(T) 8.71). This exchange allows for the acquisition of lands for the United States in a structured manner.
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Presentation Transcript
Tripartite Land Exchange Where, Who, What, When, Why, & How s Kevin Heikkila and input from many February 2015
Authorities General Exchange act of March 20, 1922 (Public Domain Land) Weeks Act of March 1, 1911 (Acquired Land) Both acts authorize the exchange of NFS land or timber
Where can they occur? Within exterior boundary of a National Forest. Same state, not necessarily the same forest.
Current Delegation of Authority -- Chief -- Regional Forester -- R6 Director Recreation, Lands, Minerals, Heritage
Who is involved? 1. The Landowner whose land the US will acquire through exchange . 2. The Purchaser of National Forest timber sale(s). 3. The Forest Service, who will acquire the land.
Who is Involved? Landowner willing seller of their property to the U.S.
Who is Involved? Timber sale purchaser signs timber sale contract thus agree cash paid for timber value to USFS may be placed in a suspense account. Suspense account funds set up via ASC are used to pay the landowner for acquisition of the land.
Who is Involved? Forest Service Staff Forest staff propose lands to acquire. Forest/Lands Zone staff meet & work with landowner to process the exchange. Timber staff insure C(T)8.71 clause is in contract, timber sale receipts are maintained & available for land payment.
What is C(T) 8.71 Clause C(T) 8.71 - Tripartite Land Exchange. (4/99) The purchaser agrees that the cash consideration required by BT 4.0 paid for the contracted timber may be utilized by the United States in a tripartite land exchange where by the United States may assign and pay such funds to a land exchange proponent as consideration for lands to be granted to the United States.
Who is Involved? County Commissioners Should concur with the land exchange. Timber sale receipts go to suspense account, not toward payment to states (25% receipts) fund. Commissioners may not want to see private land go into federal ownership.
Who Else Can Be Involved? Tribes Non Governmental Organizations Others?
Whats Different? NEPA for Tripartite exchange is completed under Timber Sale requirements. Exhibit B of the ATI and Exchange Agreement identifies the timber sale(s) that will contribute to land purchase.
What Else? - Timber Funds September 14, 2001, Memo direction from the Washington Office;
What Else? Not all timber sale receipts are available for tripartite cases. Retroactive dollars (already deposited into Treasury) are not available. Stewardship sales are not eligible.
What Else C8.71 clause can be added through formal contract modifications, with purchaser concurrence if timber has not been removed. No authority to apply the C8.71 provision retroactively once sale volume has been removed. Applies to un-harvested volume remaining on the sale.
What Else? Timber sale will not be considered for tripartite exchange purposes unless total gross stumpage value exceeds the sum of 1) required minimum deposit to NFF, and 2) total planned amount of KV and SFF collection.
Why are they Completed? High priority need (conservation, watershed restoration or other) Opportunity to acquire non-Federal land(s) that may not compete for LWCF Act funds. Appropriate alternative use for timber sale receipts (vs returning to Treasury).
Why Arent They Done More? Timber Sales have not, until recently, generated enough funds to turn back to the Treasury. Until recently, Lands Staff priority work focuses on Administrative Site sales, Encroachments, Rights of Way. Capacity, experience, expertise in staff.
How To Get Started- ID land with willing seller Identify timber sale(s) to be included in the exchange. Initiate a Feasibility Analysis
What Gets Done? Tripartite Exchange Implementation Schedule - steps are followed through Case Closing. Timber sale contracts contribute a portion of their receipts to tripartite exchanges. Contracts must contain enabling contract Special Provision. The current approved provision is C(T)8.71. Non-Federal land is acquired using timber receipts.
Parcels being considered Remember the lands to be acquired have to be within the Exterior Boundary of National Forest System land.
Questions? Question: Does a land purchase have to close before the timber sale contract is closed? Answer: NO - as long as the funds are set up in an account dedicated to that purchase, those funds will be available until expended or returned to treasury, if it is more than the amount needed for the purchase.
