**820.1 PURPOSE AND SCOPE** To prescribe policies and procedures for
acquisition of Bonneville Power Administration\'s (BPA) real property.

**820.2 DEFINITIONS**

**A. Real property:** Any interest or right in land and/or improvements.
It includes fixtures, facilities, structures, or appurtenances affixed
to the land and standing timber.

B.  **Right-of-way:** The right to pass over the land of another, and a
    strip of land upon which to construct a linear facility, such as a
    road or transmission line.

C.  **Easement:** A non-possessory interest in land of another which
    allows the easement holder to use that land for a particular
    purpose, and allows the easement holder to prohibit particular uses
    of the land.

D.  **Fee Simple:** A possessory interest in land, usually unlimited as
    to duration, disposition, and descendibility.

E.  **Condemnation:** The taking of property for public use without
    consent of the owner upon payment of just compensation.

**820.3 POLICY**

**A. General:** Real property is acquired, as needed, for approved
programs and operations. BPA conducts its acquisition activities
impartially, so the landowner receives full and fair compensation for
property purchased or rights acquired, consistent with Federal rules,
regulations, laws, and the public interest.

**B. Easement Rights:** Transmission line and access road rights-of-way
are normally acquired as easements; the landowner retains title to the
fee and may exercise all rights not in conflict with the BPA easement.
Occasionally, as appropriate, individual parcels may be acquired in fee
rather than securing easement rights.

**C. Fee Simple Acquisitions:** Sites for substations, radio stations,
and other facilities determined to require absolute control are normally
acquired in fee simple for exclusive use by BPA, with title vested in
the United States. Occasionally, as appropriate, an exclusive easement
may be acquired rather than fee when BPA\'s use of the land will not be
jeopardized.

**D. Timber Rights:** Permanent danger tree rights beside new
rights-of-way are purchased outright with the original land acquisition.
If the original acquisition did not include these rights, danger trees
or danger tree rights beside existing lines may be purchased outright or
cutting rights may be obtained, with the landowner retaining title to
the felled trees.

**820.3 POLICY (continued)**

**E. Permits:** Where necessary, permits are acquired from local, state,
and Federal governments for rights-of-way, road crossings, river
crossings, culvert installation, etc. Because of Federal supremacy, many
subordinate government permits are not required. However, BPA makes
reasonable efforts to comply with local government requirements.

**820.4 PLANNING RESPONSIBILITIES:** Because land can significantly
impact the cost and schedule of a project, it is appropriate to include
real property acquisition in the early phases of planning. Likewise,
early involvement in acquiring office space leases is important. The
following sets forth the responsibilities of the various groups as they
relate to acquiring real property.

**A. The Manager, Technical Services** has overall responsibility for
budgeting, scheduling, and requesting the acquisition of real property
for expanding and replacing the power system.

> 1\. Project Management and Facilities Design work together to
>
> a\. Determine the need to acquire real property;
>
> b\. Specify project boundaries, and
>
> c\. Submit requests to Real Property Services

**B. The Vice President, Transmission Field Services**, has overall
responsibility for budgeting, scheduling, and requesting the acquisition
of real property for maintaining the power system.

> 1\. Regional Managers
>
> a\. Determine the need for additional real property such as access
> roads, danger trees, and radio interference/television interference
> easements, and
>
> b\. Submit requests to Real Property Services.
>
> 2\. Real Property Services renews existing land rights without the
> need for an externally- originated request.

**C. The Vice President, Environment, Fish and Wildlife**, has overall
responsibility for budgeting, scheduling, and requesting acquisition of
real property for the Fish and Wildlife Program and for environmental
studies associated with all BPA real property activities.

> 1\. Fish and Wildlife
>
> a\. Determines the need to acquire real property such as land,
> wildlife easements, and water rights, and
>
> b\. Submits requests to Real Property Services

**820.4 PLANNING RESPONSIBILITIES (continued)**

> 2\. Pollution Prevention and Abatement conducts Environmental Land
> Audits for all fee simple acquisitions.
>
> 3\. Environmental Analysis fulfills NEPA responsibilities related to
> acquisition of land rights.

**D. The Sales and Acquisition Committee** reviews electric utility
system acquisitions which include all or parts of constructed
(installed) transmission lines, substations, and related facilities,
regardless of whether or not they are operating at the time, including
associated land or land rights.

> 1\. Determines the need to acquire or dispose of electric utility
> system property
>
> 2\. Assures budgeting
>
> 3\. Assures that the Senior Vice President, Transmission Business
> Line, authorizes such action, and

4.  Requests that Real Property Services acquire the property.

**E. Office Facilities**

> 1\. Assures budgeting and arranges payment for office and
> office-related space
>
> 2\. Specifies office space needs, and
>
> 3\. Requests that Real Property Services acquire office space

**F. Survey, Mapping & Photogrammetry**

> 1\. Performs acquisition surveys and prepares all maps, plats, and
> legal descriptions for acquisition, and
>
> 2\. Prepares a Land Acquisition Request or an Access Road Acquisition
> Request. Requests are on a tract-by-tract basis and include requests
> for transmission line rights-of-way, access roads, substation sites,
> franchises, licenses, and permits.

**820.5 LANDOWNER CONTACT RESPONSIBILITIES**

**A.** As a general rule, **all contacts with landowners for the purpose
of acquiring real property rights** are made by or through Real Property
Services. This includes negotiations for withdrawals of Government lands
but excludes electric utility system properties and certain temporary
rights.

**820.5 LANDOWNER CONTACT RESPONSIBILITIES (continued)**

**B. When BPA needs to enter property** for survey, land appraisal,
maintenance or construction work, or other purposes, arrangements for
access are made in advance of entry unless emergency conditions prevent
such action. If agreement on entry rights cannot be reached,
condemnation proceedings are recommended, as appropriate, by the
Manager, Real Property Services, to the Administrator.

> 1\. Survey and Valuation Contacts. Real Property Services generally
> obtains the necessary entry rights from the person in possession of
> the property. On occasion, permission to enter is secured by the
> individual needing immediate entry.
>
> a\. If possible, written permission to enter private property is
> obtained. If only oral permission is received, a confirming letter is
> sent to the landowner.

b.  If a right-of-way is not established on the property, the owner or
    leaseholder is paid for any damages to the property during BPA\'s
    entry. A Property Damage Claim-Release Settlement Voucher is
    prepared and forwarded to the Manager, Real Property Services or
    authorized designee for approval.

> 2\. Emergency Entry for Maintenance: When emergency entry is required
> and agreement cannot be reached with the landowner, or the landowner
> is not available, the Line Foreman should contact the Regional Realty
> Specialist as soon as possible after emergency access.
>
> 3\. Temporary Entry Rights for Construction/Construction Damage
> Claims. Real Property Services obtains the necessary entry rights from
> the person in possession of the property and documents this on a
> Permit for Temporary Use of Land.
>
> 4\. Most construction contracts require the contractor to restore the
> easement area and settle property damage. When otherwise specified in
> the construction contract, BPA, through the land liaison
> representative, Real Property Services, is responsible for restoration
> of the easement area and property damage.
>
> 5\. Damage inside the easement area is negotiated, documented, and
> forwarded for approval to the Manager, Real Estate Field Services, for
> amounts under \$50,000, or to the Manager, Real Property Services, for
> sums exceeding \$50,000. Field Realty Specialists are authorized to
> approve such claims for amounts within their individual delegations of
> authority.

**820.6 APPRAISAL RESPONSIBILITIES**

**A. Real Property Services** makes or contracts for all appraisals of
property rights to be acquired by BPA. This includes such diverse rights
as transmission line easements, fish and wildlife easements, danger tree
timber-cutting rights, and office space rental. Appraisals are prepared
in accordance with all applicable Federal laws and regulations,
including affording the landowner or the owner\'s designated
representative the opportunity to accompany the appraiser during the
inspection of the property. All appraisals must be reviewed and approved
by the Manager, Real Property Services, or an authorized designee. The
person establishing the appraisal value may not conduct the purchase
negotiations except within dollar limits approved by the Manager, Real
Property Services or the Manager for Real Estate Field Services.

**B. When entries on the land for preliminary work have caused
damages,** this damage shall be included as a part of the acquisition
appraisal. Where no acquisition is to be made, the damages shall be
appraised and paid as soon as possible.

**820.7 NEGOTIATION RESPONSIBILITIES**

**A. Real Property Services** negotiates and executes leases for real
property needed for non-electric purposes such as

1.  Office space

> 2\. Storage of materials, equipment, motor vehicles, or aircraft, and
>
> 3\. Temporary housing of field activities which are not scheduled to
> become permanent installations on the BPA system

**B. Office Facilities** negotiates for acquisition of Federal office
space furnished by or through GSA. Normally this is office or other
general purpose space to be used for administrative purposes.

**C. The Regions**, in consultation with the Sales and Acquisition
Committee, negotiate for acquisition of electric utility system
properties.

**D. Real Property Services** negotiates all other real property
acquisitions.

**E. Negotiated payments which exceed appraised value** must be
supported by a written justification approved by the Manager, Real
Estate Field Services, or an authorized designee that the additional
payment is in BPA\'s interest.

**820.8 TITLE AND PAYMENT RESPONSIBILITIES**

**A. Real Property Services** determines ownership of land and, in
consultation with Lands and Federal Resources, determines the
individuals or organizations having legal authority to convey interests
in land or land rights.

**B. Lands and Federal Resources** reviews evidence of title and issues
preliminary and final opinions of title.

**C. Real Property Services**, after receiving advice from Lands and
Federal Resources that BPA\'s interest in land is adequately
established, authorizes payment for those rights, prepares or receives
payments, and transmits them to the appropriate parties.

**820.9 RELOCATION ASSISTANCE RESPONSIBILITIES:** Real Property Services
is responsible for the relocation assistance program mandated by P.L.
91-646 for individuals or businesses who are displaced or who must move
their personal property as a result of land acquisitions for BPA
programs. Specifically, this involves

# A. Locating comparable replacement housing

**B.** **Offering replacement housing to eligible displaced
individuals** prior to construction of the project

**C.** **Determining the monetary benefits available** and advising the
displacees of their rights

**D.** **Furnishing displacees the proper forms** and assistance in
claiming payments

**E. Approving the claim forms, and**

# F. Making payment

**820.10 CONDEMNATION RESPONSIBILITIES:** When the purchase of rights to
real property cannot be negotiated within justifiable limits from the
appraised value, or when acceptable title to the property cannot
otherwise be obtained, the Manager, Real Property Services, authorizes
condemnation. The landowner is informed of this action prior to the time
the request for condemnation is forwarded to Lands and Federal
Resources.

**820.11 REFERENCES**

**A. The Bonneville Project Act of 1937.** Section 2 authorizes the
Administrator to acquire real property.

**820.11 REFERENCES (continued)**

**B. *BPA Manual* Chapter 20, Delegations of Authority with Public
Applicability**. Delegates the Administrator's authority for real
property acquisition to Real Property Services personnel.

**C. The Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970** (P.L. 91-646, 84 Stat. 1894). Establishes the
requirements for BPA\'s acquisition programs.

**D. The Uniform Relocation Assistance and Real Property Acquisition
Regulations for Federal & Federally Assisted Programs**, 49 CFR, Part
24. Establishes procedures for BPA\'s acquisition programs.

**E. Uniform Appraisal Standards for Federal Land Acquisitions**,
Interagency Land Acquisition Conference, 1992. Establishes standards for
BPA appraisals.

**F. *Standards for the Preparation of Title Evidence in Land
Acquisitions by the United States***, Department of Justice, Land and
Natural Resources Division, 1970. Establishes BPA title preparation and
title clearance standards.

**G. *A Procedural Guide for the Acquisition of Real Property by
Governmental Agencies***, Department of Justice, Land and Natural
Resources Division, 1972. Establishes procedures for BPA\'s land
acquisition program.

**H. The Surface Transportation and Uniform Relocation Assistance Act of
1987** (P.L. 100-17), effective April 2, 1987. Amends P.L. 91-646.