BUREAU OF RECLAMATION PROCESS FOR ABANDONMENT AND RELOCATION OF IRRIGATION LATERALS

Transcription

1 BUREAU OF RECLAMATION PROCESS FOR ABANDONMENT AND RELOCATION OF IRRIGATION LATERALS 1/2012 Pre-application Suggestions: 1. As soon as you are aware that your project may require abandonment and relocation of one or more existing irrigation laterals, consult with the Coachella Valley Water District (CVWD) for further guidance. The process can take some time. The sooner you can get started, the sooner your request can be completed. 2. Build the time required for abandonment and relocation of the laterals into your construction schedule up front. Because relocation of a lateral involves acquisition of an interest in land by the United States, Department of Justice Standards necessitate legal review, and a process time of between 6 and 11 months may be needed. 3. Carefully review the documents and information being submitted in your application package to ensure that the information is accurate and complete, the information is consistent, and there is no conflicting information. Following is a more detailed explanation of the process steps shown on the flow chart. For ease in correlation of the narrative below and the flow chart, steps shown on the flow chart are in BOLD CAPS. RECLAMATION RECEIVES WRITTEN APPLICATION - to ensure optimum efficiency and save time, your application should include the following: Provided by Applicant (Landowner) 1. Legal description of easement(s) to be abandoned by Reclamation (original easement[s]). 2. Survey drawing showing original easement(s) tied to section, township, range. 3. Legal description of easement(s) to be granted to Reclamation (replacement easement[s]). 4. Survey drawing showing replacement easement(s). 5. Construction drawings for the replacement lateral(s) approved by CVWD. 6. Preliminary title report (Report) for the subject land to confirm that ownership of the land which supports the original easement(s) and upon which the replacement easement(s) will be located is vested in a common landowner or that both owners are party to the action. The Report must include copies of all exceptions/instruments (i.e., recorded documents) listed in Schedule B of the Report. Please ensure that the Report only addresses 1) land which supports the original easement(s) and 2) land upon which the replacement easement(s) will be located. We do not need a Report that includes the entire parcel being developed. Report must be current within last 60 days. 7. A title commitment (Commitment) is also needed for the new easement. The Commitment must indicate that the policy to be issued will be on an ALTA U.S. Policy form, the name of the insured is United States of America ; and the estate or interest in land being acquired by the United States (relocation easement[s]) described in the report is An Easement. As with the Report, the commitment must include copies of all exceptions/instruments (i.e., recorded documents) listed Schedule B of the Commitment. Please ensure that the Commitment only addresses the land upon which the replacement easement(s) will be located. We do not need a Commitment for the entire parcel being developed. USBR needs to provide CVWD with the value of the easement being obtained so that it can be included in the title commitment. If the Landowner is involved in something like a conditional purchase which will result in a different landowner subsequent to the submittal of the relocation application, Reclamation must be informed of this

2 when the application is submitted. Reclamation can complete its Phase I Environmental Site Assessment (ESA) and National Environmental Policy Act (NEPA) reviews while the land ownership issue is being resolved, however, Reclamation cannot submit its relocation package for Solicitor review until it knows who the final landowner is. Reclamation also needs to know who the final landowner is when drafting the relocation Agreement and Grant of Easement (Agreement) Quitclaim Deed (Deed). 8. ESA for the original easement(s) and the relocation easement(s), if available and necessary to comply with other state or local requirements. (a) New Environmental Protection Agency (EPA) regulations require ESAs to be current, less than 6 months old from date of acquisition, which in this case is the execution of the Agreement and Deed. EPA s new regulations also require that if the ESA is older than 6 months, a new ESA must be prepared, not just a letter to Reclamation updating the data in the original, outdated ESA. Since Solicitor review of the abandonment/relocation package of Reclamation documents is necessary, and these reviews normally can take several months, it is unavoidable that a new ESA will be required before the Agreement is ready to be executed. (b) If remediation is necessary in the immediate area of either the original easement(s) or the replacement easement(s), based on recommendations in the ESA, provide documentation that it has been completed. 9. $5,000 deposit for administrative costs. Reclamation is required to collect, in advance, adequate funds to cover all administrative review and processing costs to address abandonment and relocation actions. Preliminary estimates for actions of this type have been determined to be approximately $5,000. Your deposit will be placed in a special account and expenditures will be monitored closely. You may request an explanation of monies expended at any time during our processing of your application. After completion of processing, and recovery of Reclamation s actual costs, any funds remaining will be returned to you. 10. GIS location map of original easement(s) and relocation easement(s) on topo map, to be used for National Environmental Policy Act (NEPA) compliance and when conducting site visit (preferably at a scale of 1:24,000 with scale, township, range, section and meridian labeled at the bottom). Example is attached. 11. Photos of the easement 12. Complete National Historic Preservations Act Section 106 Report information. See description of Reclamation s required process. Coordination with Reclamation s cultural resources staff will be necessary. This step is required to be completed as part of the environmental compliance process. Provided by CVWD on the cover letter (Needed for NEPA) 1. Date facility was constructed/ installed. 2. Any features connected with lateral(s) that will be abandoned, such as turnouts, meters, gates, etc., and their date of installation. 3. Date of last operation, maintenance, or replacement of facility; if section replaced, was the same kind of material used as the original? 4. What kind of maintenance was performed? 5. Date of last use/is the facility still in use? RECLAMATION REVIEWS APPLICATION PACKAGE - Reclamation will review the application package for completeness and will compare the documents and drawings to one another to determine accuracy or conflicts.

3 If errors, omissions, or conflicts are identified, Reclamation will then write LETTER TO APPLICANT REQUESTING ADDITIONAL INFORMATION (CVWD receives carbon copy). Examples of the most common errors/omissions/conflicts include the following: 1. Requested action is not clearly identified either in writing or by the drawings included. Drawings, legals, other instruments conflict with one another. 2. Errors are identified in the title report. Name of insured is incorrect. Interest being insured is incorrect. Legal description does not match drawings attached. Copies of instruments are not included. Applicant is not identified as landowner. Report is older than 60 days. 3. Advance of $5,000 is not included. 4. ESA is more than 6 months old. No update is included. 5. ESA is outdated, or documentation of remediation, if required by ESA, is not included. 6. Title commitment and appropriate exceptions are not included. This document and copies of the exceptions are required. 7. National Historic Preservations Act Section 106 Report information not in requested format or not complete or conflicting with application request. When Reclamation has sufficient information and advance funds to proceed, the following steps are conducted somewhat simultaneously by various appropriate staff members. ESA IS REVIEWED. 1. NO REMEDIATION IS NEEDED or REMEDIATION IS NEEDED AND HAS BEEN COMPLETED, and DOCUMENTATION HAS BEEN PROVIDED in application - next steps are as follows: a. Copies of the ESA-related documents are used by a Reclamation employee during the initial SITE VISIT described below at Initial SITE VISIT. b. Site conditions described in the ESA document(s) are compared with actual site conditions; results are recorded on Reclamation s Phase I Low-Intensity Rural, Residential, Crop/Agricultural, Etc., Real Property Questionnaire Checklist (Checklist). If results are not acceptable, proceed to b. below. c. APPROVE ESA - if results are acceptable, ESA and Checklist results are summarized in a hazmat concurrence memo, signed by Reclamation management, and NEPA COMPLIANCE PROCESS can begin. 2. REMEDIATION IS NEEDED but has not been completed - next steps are as follows: a. Reclamation will then write LETTER TO APPLICANT REQUESTING ADDITIONAL INFORMATION (CVWD carbon copied). All recommendations in the ESA must be implemented and a copy of the implementation documentation must be forwarded to this office before Reclamation conducts the initial site visit. b. After we RECEIVE DOCUMENTATION FROM APPLICANT THAT REMEDIATION IS COMPLETE, COMPLIANCE SITE VISIT is conducted and site conditions described in the ESA

4 document(s) are compared with actual site conditions; results are recorded on Checklist. If results are not acceptable, repeat 2.a. and b. c. APPROVE ESA - if results are acceptable, ESA and Checklist results are summarized in a hazmat concurrence memo, signed by Reclamation management, and NEPA COMPLIANCE PROCESS can begin. CONDUCT RECORDS RESEARCH is conducted to confirm history and use of original easement(s)/lateral(s). GIS DRAWING is developed to assist staff in conducting site visit. An initial SITE VISIT is conducted by CVWD staff to verify location and condition of subject easement(s), and take photos of the easement(s). a. Preliminary Certificate of Inspection and Possession (CIP) is completed for replacement easement(s). b. Photographs are taken for case file. c. If ESA remediation has been completed up front and implementation documentation has been provided with application, results of implementation documentation are verified. If results are acceptable, follow-up COMPLIANCE SITE VISIT is not required. ENGINEERING REVIEW CVWD approved Construction Drawings of replacement lateral(s) are sent to the Yuma Area Office for review. DRAFT CONVEYANCE DOCUMENTS - the Agreement, which defines conditions and stipulations related to relocation of facilities and grants the United States a replacement easement(s) for the lateral(s) that is being relocated; pipeline relocation acceptance letter; and Deed, which will convey the original easement(s) to the landowner subsequent to relocation of the original facility and acceptance of the relocation facility. NEPA COMPLIANCE PROCESS - Once the ESA is approved, NEPA compliance can begin. Once NEPA DECISION DOCUMENTATION ISSUED, copies of the following documents are assembled and RECLAMATION SUBMITS DOCUMENTS TO SOLICITOR FOR PRELIMINARY TITLE OPINION. 1. preliminary title report and exceptions 2. title commitment and exceptions 3. comments on title commitment 4. maps, legal descriptions 5. draft Relocation Agreement And Grant Of Easement 6. draft Quitclaim Deed 7. ESA concurrence memo 8. NEPA compliance document 9. initial Certificate of Inspection and Possession (CIP) 10. copy(ies) of original document(s) conveying original easement(s) to the United States When the Solicitor s (Reclamation attorney) comments are received, RECLAMATION MODIFIES AND FINALIZES DOCUMENTS BASED ON SOLICITOR COMMENTS. Prior to mailing the four agreements, Reclamation will a copy of the draft agreement to CVWD for their approval. Once they have approved the draft agreement Reclamation will send the offer letter with the agreements to the Landowner/Agent. CVWD CONDUCTS FINAL SITE SURVEY AND CIP.

5 AGREEMENT SIGNED BY ALL PARTIES - The Agreement (three copies) will be sent to landowner for signature (CVWD carbon copied); landowner will forward to CVWD for signature, CVWD will send Agreement back to Reclamation; Reclamation will sign and send fully executed Agreement to CVWD and landowner. Landowner will have original Agreement recorded immediately in Riverside County. FINAL TITLE INSTRUCTIONS for the policy of title insurance are transmitted to landowner by Reclamation along with the fully executed Agreement, which landowner has recorded and returned to Reclamation. CVWD ISSUES CONSTRUCTION ENCROACHMENT PERMIT AND LANDOWNER PROCEEDS WITH RELOCATION OF PIPELINE in accordance with the Agreement and Coachella Valley Water District Construction Encroachment Permit. 1. Monitoring by CVWD before and during construction. 2. FINAL INSPECTION BY RECLAMATION AND/OR CVWD. 3. RECLAMATION SENDS PIPELINE RELOCATION ACCEPTANCE LETTER TO LANDOWNER (CVWD carbon copied). CVWD ISSUES CONSTRUCTION ENCROACHMENT PERMIT AND LANDOWNER PROCEEDS WITH ABANDONMENT OF EXISTING LATERAL in accordance with Coachella Valley Water District Construction Encroachment Permit. RECEIVE FINAL PAYMENT OF ADMIN COSTS FROM APPLICANT, if necessary, to cover remaining steps in the process. REQUEST FINAL TITLE OPINION - The following documents are sent to Reclamation s Solicitor for review: 1. copy of preliminary title opinion 2. copy of recorded Agreement 3. copy of title policy with instruments for exceptions that affect the new easement only. 4. final CIP 5. copy of any curative actions required in the preliminary title opinion FINAL INSPECTION AND ACCEPTANCE BY RECLAMATION AND/OR CVWD OF THE ABANDONED LATERAL - Reclamation sends pipeline abandonment acceptance letter to landowner (CVWD carbon copied). EXECUTE AND TRANSMIT QUITCLAIM DEED TO LANDOWNER - Deed will be sent to landowner for signature (CVWD carbon copied); landowner will sign and send Deed back to Reclamation; Reclamation will sign and send fully executed Deed to landowner; landowner has original Deed recorded immediately in Riverside County and returned to Reclamation (CVWD carbon copied). Post-issuance activities Approximately 10 to 12 Reclamation staff hours; entire process can take up to 1 year (certain actions cannot be completed until the recorded conveyance documents have been returned from the County Recorders Office).

6 LCRO Lands Office (1/2012) SUGGESTED APPLICATION FORMAT Reclamation Contract No. NOTE: Please read the instructions on the back of this application format. If you have questions, contact the Bureau of Reclamation. 1. Name and address of applicant. 2. Landowner s Name: Name and Address of Agent/Contact Person: Coachella Valley Water District (CVWD) P.O. Box 1058 Coachella, CA Agent s/contact Person s Telephone No.: ( ) Contact Person: Landowner s Social Security or Tax ID Number: Telephone Number: Extension: DUNS #, if applicable Agent s/contact Person s Address: 3. Landowner is one of the following: (check one) 4. Specify what action is required: (check one) a. Individual(s) b. Corporation* a. Abandon irrigation lateral(s) c. Partnership/Association* b. Abandon and relocate irrigation lateral(s) d. State Government/State Agency c. Amend existing application e. Local Government f. Federal Agency g. State under whose laws the entity was established. * If checked, applicant may be required to furnish a Resolution by its Board of Directors approving this action before execution by Reclamation. 5. General Location and Legal Description of proposed action. Describe in aliquot parts or metes and bounds (include width and length if applicable); use a separate sheet of paper if additional space is required): Meridian: State: County: ' x > Township: Range: Section(s): Approximate Acreage: 6. Describe in detail the proposed action affecting Reclamation s lands and/or facilities: (a) type of system or facility; (b) related structures and facilities; (c) physical specifications (length, width, grading, etc.); (d) duration and timing of construction; (e) and temporary work areas needed for construction. (If additional space is required, use separate sheet of paper.) 7. Attach a topographic map with location marked, including Reclamation land boundaries. If proposed action involves construction activities, the applicant must provide two (2) complete copies of construction specifications including length and width of right-of-use area, engineering drawings, power flow diagrams, one-line diagrams, construction schedule of proposed commencement and completion dates, and any other plans for specifications of proposed use on Reclamation s lands and/or facilities, approved by CVWD. 8. Signature of Applicant (CVWD) Title Date I certify that the information given in this application is true, complete, and correct to the best of my knowledge and belief, and is given in good faith. I also understand that I am responsible for all administrative costs which are in excess of the deposit for the preparation of the document(s) issued. I further understand that I cannot occupy Reclamation lands or initiate work on Reclamation lands until I receive written authorization signed by the United States. The obligation to pay all administrative costs associated with the processing of this application shall be the sole personal responsibility of the Landowner named above unless Landowner requests and obtains written approval from Reclamation for other payment arrangements. In the event a Federal irrigation pipeline is damaged, physically removed, or abandoned prior to U.S. Bureau of Reclamation s written approval, the developer or the contractor may be subject to delays and penalties. Signature of Landowner or Agent Title Date

7 REQUIRED INFORMATION: A. No specific application format is required; however, this suggested format is supplied to assist applicants for lateral abandonment and relocation actions. B. Provide in detail the information requested on the reverse side. For accounting purposes, it is required that you identify your Social Security number or Tax ID number in the space provided. C. Attach a topographic map with location marked, including Reclamation land boundaries, township, range, and section. If proposed action involves construction activities, the applicant must provide two (2) complete copies of construction specifications, engineering drawings, power flow diagrams, one-line diagrams, and any other plans for specifications of proposed action, approved by CVWD. D. Deposit for Administrative Costs. Reclamation is required to collect, in advance, adequate funds to cover all administrative review and processing costs to address abandonment and relocation actions pursuant to OMB Circular A-25. Preliminary estimates for actions of this type have been determined to be as follows: 1) abandonment only - approximately $3,000; 2) abandonment and relocation - approximately $5,000. If the entire deposit is submitted up-front with your application, work on your action can begin more quickly. Your deposit will be placed in a special account and expenditures will be monitored closely. You may request an explanation of monies expended at any time during our processing of your application. After completion of processing, and recovery of Reclamation s actual costs, any funds remaining will be returned to you. Checks should be made out to the Bureau of Reclamation and included with your application package. E. APPLICATION PACKAGE CHECKLIST Please be sure to include the following required items listed below in the application package. Reclamation cannot begin processing an action until all of the following items are submitted. 1) Cover letter requesting the abandonment and relocation along with the history of the lateral(s) 2) Completed application format 3) Deposit for administrative fees 4) Legal description and plat depiction of easement to be abandoned by USBR (original easement)* 5) Legal description and plat depiction of easement to be granted to USBR (replacement easement)* 6) Preliminary title report (Report) to confirm that ownership of the land which supports the original easement(s) (and, for relocations, upon which the replacement easement(s) will be located) is vested in a common landowner or that both owners are party to the action. The Report must include copies of all exceptions/instruments (i.e., recorded documents) listed in Schedule B of the Report. Please ensure that the Report only addresses 1) land which supports the original easement(s) and 2) land upon which the replacement easement(s) will be located. We do not need a Report that includes the entire parcel being developed. Report must be current within last 60 days. 7) For relocations: a title commitment (Commitment) for the new easement. The Commitment must indicate that the policy to be issued will be on an ALTA U.S. Policy form, the name of the insured is United States of America ; and the estate or interest in land being acquired by the United States (relocation easement[s]) described in the report is An Easement. As with the Report, the Commitment must include copies of all exceptions/instruments (i.e., recorded documents) listed Schedule B of the Commitment. Please ensure that the Commitment only addresses the land upon which the replacement easement(s) will be located. We do not need a Commitment for the entire parcel being developed. 8) Current Phase I Environmental Site Assessment (less than 6 months) 9) Initial Certificate of Inspection and Possession for new easement 10) For relocations only: Complete National Historic Preservations Act Section 106 Report information. 11) GIS map showing location of original and new easements tied to section, township, and range 12) Photos of the easements to be abandoned (should be ed to USBR) 13) If you have questions, please contact Ms. Kay Sundberg, Realty Specialist, at , or Ms. Stacey Crowe, Lands Group Manager, at , Lower Colorado Regional Office, Bureau of Reclamation, P.O. Box 61470, Boulder City, NV ) *These items should be reviewed and accepted by CVWD prior to submitting them to USBR.

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