|
|
Land Purchase
Land Acquisition / Conservation Easement |
5
|
Definition
This is a BPA Internal-use only work element. BPA uses this work element to directly wire money to escrow associated with real estate transactions. This work element only covers the purchase price or option of the land or easement (it may include escrow, title, and/or closing costs). Any work performed by BPA's Transmission Business Line (TBL) in support of the real estate transactions shall be covered by WE# 6, TBL Work (also a BPA Internal-use only work element).
Rules and Examples (work element scenarios and associated rules)
Rule 1: Use a separate Land Purchase WE for each acquisition.
Example:
WE: Land Purchase
WE Title: Upper Clear Lake Property
WE: Land Purchase
WE Title: Clark Valley Conservation Easement
Milestones (may include)
- Environmental compliance requirements complete
On-the-ground work associated with this work element cannot proceed until this milestone is complete. Milestone is complete when final documentation is received from BPA environmental compliance staff (completion can be based on pre-existing environmental documentation from BPA).
- Develop appropriate work orders, contracts, and TBL task orders
Contact KEWB to determine if work order should be capital or expense (may need to set up one of each), and work with KEWB to establish a TBL task and a land task under the appropriate work order(s) if this has not been done in the past. Develop a contract in BES/Pisces to allow for pre-acquisition activities by the project sponsor. Finally, contact KEWB to develop a TBL task order to cover TBL pre-acquisition activities.
- Complete initial coordination with BPA's Real Property Services (TR)
Once an interested landowner is identified, and BEFORE ACTIVITIES SUCH AS APPRAISALS OR ENVIRONMENTAL LAND AUDITS BEGIN ON THE LAND on the land, the project sponsor or the BPA project manager should notify TR of anyone other than the landowner who lives on or uses the property for any purpose, including grazing or other agricultural use. Provide TR with their names, addresses, and telephone numbers need. Also, the project sponsor must coordinate with TR to set the potential purchase up as a "voluntary transaction" for purposes of the laws that govern federally funded land acquisitions. This should be completed before beginning negotiations with the landowner.
- Title report, legal description, and topo map of property submitted to BPA
This milestone should be completed before other work begins. The topo map should show the project area that the project sponsor intends to purchase in a format that allows verification of a narrative legal description. The map needs to show where the property boundaries are located in relation to section, township, and range lines and any other features, such as roads, creeks, lake shores, that are part of the legal description. The map also needs to be at a scale that shows distances and features adequately to follow the written narrative description.
- Complete/review MOA and/or work with OGC to develop conservation easement terms and conditions
Contact OGC to develop MOA or review MOA if one already exists; if a new MOA is needed, assume a MINIMUM of 2-3 months to develop, depending on how many parties. An MOA may not be needed if developing a conservation easement that includes all of the necessary terms and conditions. Contact OGC to determine if this is the case.
- Appraisal completed
The appraisal can either be performed by BPA or the project sponsor can select an appraiser. The milestone title should reflect your specific situation. If a non-BPA appraiser performs the appraisal, he/she has to be certified and knowledgeable in the property type being appraised. The appraisal will need to be reviewed and approved by BPA.
- Appraisal reviewed by BPA
If a non-BPA appraiser performs the appraisal, this milestone must be included to address the subsequent review/approval by BPA. If BPA does the appraisal, this milestone can be removed.
- Environmental Land Audit (ELA) completed
The Environmental Land Audit (ELA) (also known as the hazardous waste assessment) can be performed by BPA or the project sponsor can select a competent environmental professional. The milestone title should reflect your specific situation. If a non-BPA professional performs the ELA, the ELA will need to be reviewed and approved by BPA. The ELA should be done PRIOR TO OR CONCURRENT WITH the appraisal process. In order to initiate an ELA, complete the ELA Request Form and send it directly to KEP. If recognized environmental conditions are identified at a site, a site visit and further review may be required by KEP.
- Environmental Land Audit (ELA) reviewed by BPA
If BPA does not conduct the hazardous waste assessment, it will need to be reviewed and approved by BPA. In order to initiate an ELA review, complete the ELA Request Form and send it directly to KEP. If recognized environmental conditions are identified at a site, a site visit and further review may be required by KEP. If BPA does the ELA, this milestone can be removed.
- Obtain a purchase and sale agreement from landowner
Once the appraisal has been approved and the landowner is in agreement with purchase price, the project sponsor should get a purchase and sale agreement signed in order to confirm the commitment of both parties, but the sponsor's obligation to purchase must be made contingent on satisfactory results of the hazardous waste assessment and NEPA review, as well as satisfaction of other conditions. A copy of the signed purchase and sale agreement should be provided to BPA.
- Obtain Corporate Finance review of acquisitions that are proposed as capital
The project sponsor will need to provide the BPA project manager/COTR with a letter that provides the information necessary for BPA's Corporate Financing to determine whether or not the acquisition(s) meets capitalization requirements. See BPA Financial Policy, Fish and Wildlife Capitalization policy, October 2004. Once the project sponsor has provided this information, the project manager/COTR will provide it to their manager for submittal to KEWB for Corporate Finance review. Corporate Finance needs to give their approval before you can proceed to the next steps.
- Obtain estimate of minimum HUs/stream kilometers from project sponsor
For wildlife acquisitions and resident fish acquisitions in Montana, the project sponsor must submit a letter to the BPA project manager/COTR that contains a minimum estimate of HUs/stream kilometers for which BPA will receive credit through the acquisition.
- Attach a completed water survey form in Pisces
The water survey form is located at: http://www.efw.bpa.gov/IntegratedFWP/WaterSurveyForm.doc. The form should be completed by the contract manager or BPA project manager and attached in Pisces.
- Complete Acquisition Deliverable
The deliverable will be considered complete when the funds for the acquisition have been wired to escrow by TBL's Real Property Services.
Metrics
| Metric |
Metric Type |
Metric Guidance |
Metric
Required |
Metric
Type |
Metric
Precision |
| 1375 |
Type of acquisition [Fee Title, New Easement, Renewed Easement, Exchange, Mix] |
'Mix' refers to any combination of different types of acquisition. 'Exchange' refers to a land trade or swap. If additional BPA funds are required as part of an exchange, select 'Mix.' |
Required |
list |
|
| 1376 |
Start date of easement |
In most cases, this will be a Conservation Easement; not a construction easement. This metric does not apply to Fee Title acquisitions. |
Optional |
date |
|
| 1377 |
End date of easement |
In most cases, this will be a Conservation Easement; not a construction easement. This metric does not apply to fee title acquisitions. |
Optional |
date |
|
| 1378 |
Start date of the purchase |
This is the closing date of the transaction. |
Optional |
date |
|
| 1381 |
# of minimum estimated HUs protected for wildlife |
Use this habitat unit (HU) metric when a land acquisition is part of BPA's Wildlife Mitigation Program, which mitigates for the impacts to wildlife caused by the development of the dams of the Federal Columbia River Power System (FCRPS). |
Optional |
number |
1.0 |
| 1382 |
Start latitude of protected stream reach |
This metric only applies to acquisitions in riparian areas. Must be entered in decimal degrees. For help converting from degrees, minutes, seconds go to http://www.fcc.gov/mb/audio/bickel/DDDMMSS-decimal.html. |
Optional |
lat |
0.000001 |
| 1383 |
End latitude of protected stream reach |
This metric only applies to acquisitions in riparian areas. Must be entered in decimal degrees. For help converting from degrees, minutes, seconds go to http://www.fcc.gov/mb/audio/bickel/DDDMMSS-decimal.html. |
Optional |
lat |
0.000001 |
| 1384 |
Start longitude of protected stream reach |
This metric only applies to acquisitions in riparian areas. Must be entered in decimal degrees. For help converting from degrees, minutes, seconds go to http://www.fcc.gov/mb/audio/bickel/DDDMMSS-decimal.html. |
Optional |
long |
0.000001 |
| 1385 |
End longitude of protected stream reach |
This metric only applies to acquisitions in riparian areas. Must be entered in decimal degrees. For help converting from degrees, minutes, seconds go to http://www.fcc.gov/mb/audio/bickel/DDDMMSS-decimal.html. |
Optional |
long |
0.000001 |
| 1452 |
Amount of water secured in acre-feet/year |
This is the total volume of water being addressed by the acquisition over the course of one irrigation season. The term acquisition refers to either the lease or the purchase of water. |
Required |
number |
0.1 |
| 1453 |
Flow of water returned to the stream as prescribed in the water acquisition in cubic-feet per second (cfs) |
Provide the average volume rate of flow expected by the acquisition. The term acquisition refers to either the lease or the purchase of water. |
Required |
number |
0.01 |
| 1481 |
# of stream kilometers credited for resident fish |
Use this stream kilometer metric when the land purchase or conservation easement results in credit towards BPA's Resident Fish Mitigation Program in Montana. Note that this metric is in kilometers while other metrics in Pisces tend to use miles. |
Optional |
number |
0.01 |
| 1524 |
# of acres of upland non-wetland habitat protected |
Identify the total acres of habitat protected in this habitat zone. Upland Habitat Non-Wetland: Habitat uphill of the riparian and instream habitat zone with non-hydrophilic plants. This habitat zone excludes wetland habitat. |
Required |
number |
0.01 |
| 1525 |
# of acres of upland wetland habitat protected |
Identify the total acres of habitat protected in this habitat zone. Upland Wetlands: Wetlands within the upland habitat zone are habitat that is transitional between terrestrial and aquatic where the water table is usually at or near the land surface or land that is covered by shallow water. Wetlands have one or more of the following characteristics: at least periodically, the land supports predominantly hydrophytic plants; the substrate is predominantly undrained hydric soil; and the substrate is non-soil and is saturated with water or covered by shallow water at sometime during the yearly growing season. These wetlands are typically considered isolated wetlands which do not interact with the hyporheic zone, which is a region beneath and lateral to a stream bed. |
Required |
number |
0.01 |
| 1526 |
# of acres of riparian non-wetland habitat protected |
Identify the total acres of habitat protected in this habitat zone. Riparian/Floodplain: A riparian zone is the transition zone between aquatic and upland habitat. These habitats are related to and influenced by surface or subsurface waters, especially the margins of streams, lakes, ponds, wetlands, seeps, and ditches between land and a stream; and above the average high watermark, or bankfull height. Plant communities along the river margins are called riparian vegetation, characterized by hydrophilic plants. This habitat zone excludes wetland habitat. |
Required |
number |
0.01 |
| 1527 |
# of acres of riparian wetland habitat protected |
Identify the total acres of habitat protected in this habitat zone. Riparian Wetland: Wetlands within the Riparian habitat zone are habitat that is transitional between terrestrial and aquatic where the water table is usually at or near the land surface or land that is covered by shallow water. Wetlands have one or more of the following characteristics: at least periodically, the land supports predominantly hydrophytic plants; the substrate is predominantly undrained hydric soil; and the substrate is non-soil and is saturated with water or covered by shallow water at sometime during the yearly growing season. These wetlands are typically considered connected wetlands that interact with the hyporheic zone, which is a region beneath and lateral to a stream bed. |
Required |
number |
0.01 |
| 1528 |
# of acres of freshwater non-wetland habitat protected |
Identify the total acres of habitat protected in this habitat zone. Freshwater Non-Tidal: Habitat with freshwater flowing in a channel or watercourse, including lakes, ponds, and adjacent areas below the high water mark. This habitat zone excludes wetland habitat. |
Required |
number |
0.01 |
| 1529 |
# of acres of freshwater wetland habitat protected |
Identify the total acres of habitat protected in this habitat zone. Freshwater Wetland Non-Tidal: Wetlands within the instream habitat zone typically on the stream bank are habitat that is transitional between terrestrial and aquatic where the water table is usually at or near the land surface or land that is covered by shallow water. Wetlands have one or more of the following characteristics: at least periodically, the land supports predominantly hydrophytic plants; the substrate is predominantly undrained hydric soil; and the substrate is non-soil and is saturated with water or covered by shallow water at sometime during the yearly growing season |
Required |
number |
0.01 |
| 1530 |
# of acres of estuarine wetland habitat protected |
Identify the total acres of habitat protected in this habitat zone. Estuarine Tidal Wetland: Wetlands within the tidal estuarine zone are habitat that is transitional between terrestrial and aquatic where the water table is usually at or near the land surface or land that is covered by shallow water. Wetlands have one or more of the following characteristics: at least periodically, the land supports predominantly hydrophytic plants; the substrate is predominantly undrained hydric soil; and the substrate is non-soil and is saturated with water or covered by shallow water at sometime during the yearly growing season. Tidal marshes may be classified as marine source tidal, freshwater tidal, or tidal forested wetlands. |
Required |
number |
0.01 |
| 1531 |
# of acres of estuarine non-wetland habitat protected |
Identify the total acres of habitat protected in this habitat zone. Estuarine Tidal Non-Wetland: Habitat that is part of a semi-enclosed coastal body of water that is subject to the ebb and flow of tides, with one or more rivers or streams flowing into it, and with a free connection to the nearshore marine zone. Estuaries are environments whose pH, salinity, and water levels are subject to the ebb and flow of tides, and the physical and chemical properties of the river that feeds the estuary and the ocean from which it derives its salinity. This habitat zone excludes wetland habitat. |
Required |
number |
0.01 |
| 1555 |
# of miles protected in a riparian wetland area |
Add length on both sides when both sides are protected. Add one side when one side is protected. Normally, riparian habitat protection is intended for the benefit of fish. |
Required |
number |
0.01 |
| 1556 |
# of miles protected in a riparian non-wetland area |
Add length on both sides when both sides are protected. Add one side when one side is protected. Normally, riparian habitat protection is intended for the benefit of fish. |
Required |
number |
0.01 |
Location Guidance
Identify point at approximate center of land to be acquired. The location point must be the same for all associated TBL Work, Conduct Pre-Acquisition Activities, and Prepare HEP Report work elements.
If an associated work element and its location are already in Pisces, click the ""Link"" button to synchronize locations. If not, enter a location and location Description for this work element to enable future linking.
Environmental Compliance
Applicability and status of the following environmental compliance requirements can be found on the Environmental Compliance tab for that work element in your SOW for all 2007 contracts forward. BPA's Environmental staff will update and maintain this information in Pisces in real time, so that you can check the status of environmental compliance on your project at any time. Note: Many of the fields are set to auto-load in Pisces, but the settings will be reviewed by BPA's Environmental staff prior to the contract being finalized, and may be revised depending on the specific circumstances. National Environmental Policy Act (NEPA)
NEPA coverage for this work element will be identified by BPA's Environmental Compliance Lead. Endangered Species Act (ESA)
ESA consultation is typically not required for this work element. National Historic Preservation Act (NHPA)
NHPA Section 106 consultation is typically required for this work element which often includes a cultural/historic resource survey by a qualified archaeologist. Public Involvement
Public involvement is typically required for this work element. The contractor should work with BPA Environmental staff to document previous or ongoing outreach efforts associated with this work or to develop a public involvement plan.
|
|
EFW Home 
