1531.12c-1531.12g Page 1 of 24 FOREST SERVICE MANUAL WASHINGTON TITLE 1500 - EXTERNAL RELATIONS Amendment No. 1500-91-1 Effective January 25, 1991 POSTING NOTICE. Amendments to this title are numbered consecutively by title and calendar year. Post by document name. Remove entire document and replace with this amendment. Retain this transmittal as the first page of this document. The last amendment to this title was 1500-90-10 to FSM 1530. Superseded New Document Name (Number of Pages) 1531.12c-1531.12g 21 24 Digest: 1531.12c - Adds footnotes that were inadvertently omitted. F. DALE ROBERTSON Chief FSM 1500 - EXTERNAL RELATIONS WO AMENDMENT 1500-91-1 EFFECTIVE 1/25/91 1531.12c - Procedure on Mineral Leases and Permits Pursuant to Section 402 of President's Reorganization Plan of 1946. 46-SIE-001 Procedure of the Departments of Agriculture and Interior on Mineral Leases and Permits Pursuant to Section 402 of the President's Reorganization Plan 3 of 1946 1/ The following rules shall govern interdepartmental procedures in the above matter: I. Procedure on applications for mineral leases or permits A. Applications for oil and gas leases on all lands under the Reorganization Plan and for permits to mine other minerals on land administered by the Soil Conservation Service and the Farm Security Administration will be filed with the Bureau of Land Management. 2/ The procedure with respect to such applications will be as follows: 1. For oil and gas leases on lands administered by the Forest Service and for all mineral leases or permits on lands of the Farm Security Administration. 3/ The Bureau of Land Management when it receives an application for a mineral lease or permit will request the head of the Bureau of the Department of Agriculture having jurisdiction over the land, on Form A-1 in triplicate, 4/ to furnish the following information: a. The description as shown by the records of the Department of Agriculture if the description in the application differs therefrom. b. An extract from the deed to the United States of the reservation, if any, of the minerals, or royalties, or any interest in them by a prior owner, and if the land has been conveyed by the United States, the reservation, if any, of minerals or an interest therein to the United States and whether the United States has retained a supervisory interest in the use of the surface. c. A copy of the Attorney General's opinion approving the title. 5/ d. The act under which the land was acquired or is administered. e. The receipts account symbol and title to which receipts from the lease or permit will be deposited. f. Where the Department of Agriculture controls, or has a supervisory interest in, the surface of the land, whether the proposed mineral development will interfere with the primary purposes for which the land was acquired, and, if it will not, any special terms and conditions to be incorporated in the lease for the protection of such primary purposes in addition to the standard terms and conditions of the Department of Agriculture. The Department of Agriculture will reply to the request upon a copy of the Form A-1 submitted by Interior. 2. For all mineral leases or permits on lands administered by the Soil Conservation Service 6/ a. The Bureau of Land Management will submit to the Chief, Soil Conservation Service, Form A-1a in triplicate on which there has been recorded the following information: 7/ (1) The description as shown by the title papers of the lands involved in the application which are available for lease. (2) The descriptions included in (1) above, for which the surface has been conveyed by the United States. b. One copy of Form A-1a will be returned to the Bureau of Land Management, on which will be furnished the following information: (1) The act under which the land is ad ministered. (2) The receipts account symbol and title to which receipts from the lease or permit will be deposited. (3) Where the Department of Agriculture controls, or has a supervisory interest in, the surface of the land, whether the proposed mineral development will interfere with the primary purposes for which the land was acquired, and, if it will not, any special terms and conditions to be incorporated. ***** II. Procedure with respect to leases and permits heretofore issued by, or on forms of, the Department of Agriculture A. The officer in charge referred to in leases, permits, and operating regulations shall be the Director of the Geological Survey or his representative, and except as otherwise provided in subparagraphs B and C hereof he shall exercise all functions relating to the spacing of wells, the supervision of drilling and producing operations, the supervision of mining operations, the computations of royalties and other matters directly involving mineral operations by or in behalf of the lessee or permittee. B. Where the Department of Agriculture controls, or has a supervisory interest in, the surface, or the surface has been leased to others, the use and clearing of such land for well or mine sites, roads, tramways, pipe lines, or other structures necessary for the enjoyment of the lease terms, shall be permitted by the officer in charged only after a plan of construction or development covering such use of the premises has been approved by the designated representative of the Secretary of Agriculture. C. Responsibility for securing compliance with all applicable regulations and procedures of the Department of Agriculture and of the terms of the lease or permit governing the use of timber, the protection of the surface or surface use, and those provisions requiring the lessees or Permittees to exercise precautions to prevent and to aid in fighting fire, shall be vested in the authorized representative of the Department of Agriculture. D. In case the lessee or permittee strikes water while drilling instead of oil or gas, the Department of Agriculture shall have the right to purchase the casing in the well at the reasonable salvage value thereof. E. If a lessee or permittee fails or refuses to comply with the requirements of the Secretary of Agriculture or his representatives with respect to the provisions of paragraphs B and C hereof, such failure will be promptly reported by the Department of Agriculture to the Director of the Bureau of Land Management who will take prompt action as provided in the lease. Any such action by the Director of the Bureau of Land Management, however, shall not be deemed to bar the enforcement of applicable regulations of the Department of Agriculture by any other lawful means. F. The Bureau of Land Management will request each lessee or permittee to inform the proper representatives of the Department of Agriculture in writing of any change in the name and address of his local agent for the service of written orders or notices respecting the use or misuse by the lessee of the surface, or of surface products or the violation of any regulation of the Department of Agriculture. G. The officer in charge will promptly notify the designated representative of the Department of Agriculture of any contemplated drilling or mining operations prior to production on the leased land. Until such notification is received, the Secretary of Agriculture will continue to exercise the usual rights with respect to the use and disposal of the surface and surface products. Subsequent to such notice, new uses or disposals will be authorized by the Secretary of Agriculture only after receiving advice from the Department of the Interior that such new uses or disposals will not unreasonably interfere with the mineral lessee's or permittee's surface requirements. III. Procedure with respect to leases and permits here after issued A. Sections II B, E, and G of this procedure shall also apply to leases and permits hereafter issued. B. Standard terms and conditions for protection of primary purposes for which land was acquired or is being administered Where the Department of Agriculture controls, or has a supervisory interest in, the surface of the land, in order to protect the primary purposes for which the land was acquired or is being administered, each lease or permit hereafter issued shall contain the following standard provisions: 8/ Section . In consideration of the foregoing, the lessee (Permittee) hereby agrees: (1) To conduct all operations authorized by this lease (permit) with due regard for good land management; not to cut or destroy timber without first obtaining permission from the authorized representative of the Secretary of Agriculture, and to pay for all such timber cut or destroyed at rates prescribed by such representative; to avoid unnecessary damage to improvements, timber, crops or other cover; whenever practicable, to control soil erosion resulting from the operation; to prevent pollution of soil and water resources; unless otherwise authorized by the representative of the Secretary of Agriculture, not to drill any well within 200 feet of any building standing on the leased land; whenever required in writing by the authorized representative of the Secretary of Agriculture, to fence all sump holes and other excavations made by lessee (permittee); and unless otherwise authorized by such representative, to bury all pipe lines below plow depth. (2) To do all in his power to prevent and suppress forest, brush or grass fires on the leased land and in its vicinity, and to require his employees, contractors, subcontractors, and employees of contractors or subcontractors to do likewise. Unless prevented by circumstances over which he has no control, the lessee (permittee) shall place his employees, contractors, subcontractors, and employees of contractors and subcontractors employed on the leased land at the disposal of any authorized officer of the Department of Agriculture for the purpose of fighting forest, brush, or grass fires, with the understanding that payment for such services shall be made at rates to be determined by the authorized representative of the Secretary of Agriculture, which rates shall not be less than the current rates of pay prevailing in the vicinity for services of a similar character: Provided, That if the lessee (permittee), his employees, contractors, subcontractors, or employees of contractors or subcontractors caused or could have prevented the origin or spread of the said fire or fires, no payment shall be made for services so rendered. During periods of serious fire danger to forest, brush, or grass, as may be specified by the authorized representative of the Secretary of Agriculture, the lessee (permittee) shall prohibit smoking and the building of camp and lunch fires by his employees, contractors, subcontractors, and employees of contractors or subcontractors within the leased area except at established camps, and shall enforce this prohibition by all means within his power; Provided, That the authorized representative of the Secretary of Agriculture may designate safe places where, after all inflammable material has been cleared away, camp fires may be built for the purpose of heating lunches and where, at the option of the lessee (permittee), smoking may be permitted. The lessee (permittee) shall not burn rubbish, trash, or other inflammable material except with the consent of the authorized representative of the Secretary of Agriculture and shall not use explosives in such manner as to scatter inflammable materials on the surface of the land during the forest, brush, or grass fire season, except as authorized to do so or on areas approved by such representative. The lessee (permittee) shall build or construct such fire lines or do such clearing on the leased land as the authorized representative of the Secretary of Agriculture decides is necessary for forest, brush, and grass fire prevention and shall maintain such fire tools at his headquarters on the leased land as are deemed necessary by such representative. (3) To pay the lessor or his tenant, as the case may be, for any and all damage to or destruction of property caused by lessee's (permittee's) operations hereunder; to save and hold the lessor harmless from all damage or claims for damage to persons or property resulting from the lessee's (permittee's) operations under this lease (permit); and where the surface of the leased land is owned by other than the lessor, to pay such owner, or his tenant, as the case may be, for damage or injury to livestock, crops, trees, pipe lines, buildings, and other improvements on the leased land. (4) Upon any partial or total relinquishment, cancellation or expiration of this lease (permit), lessee (permittee) shall, as to that part of the leased land as to which his rights have terminated, and to the extent deemed necessary by the authorized representative of the Secretary of Agriculture, fill all sump holes, ditches and other excavations, remove or cover all debris, and shall, so far as reasonably possible, restore the surface of the leased land to its former condition. (5) To address all matters relating to this section to at , who is hereby appointed the authorized representative of the Secretary of Agriculture, or to such other representative as the Secretary of Agriculture may, from time to time, designate in writing delivered to the lessee (permittee). (6) To appoint and maintain at all times during the term of this lease a local agent upon whom may be served written orders or notices respecting matters contained in this section, and within 15 days after the date of this lease (permit) to inform the authorized representative of the Secretary of Agriculture, in writing, the name and address of such agent. If a substitute agent is appointed, lessee (permittee) shall immediately so inform the said representative. (7) (For additional clauses as needed to cover local conditions or special situations.) Section . There is hereby expressly reserved to the Secretary of Agriculture: (1) The right to permit the use of, lease, sell, or otherwise dispose of or utilize the surface of the leased land existing law or laws hereafter enacted, insofar as said surface is not necessary for the use of the lessee (permittee) in his operations hereunder. (2) In case the lessee (permittee) strikes water while drilling instead of oil or gas or abandons a well drilled as a water well, the right to purchase the casing in any such well at the reasonable salvage value thereof as determined by the Secretary of Agriculture. C. Additional special terms and conditions In addition, the lease or permit shall include such other special terms and conditions set forth on Forms A-1 and A-1a as the Secretary of Agriculture, in the exercise of his discretion, may require for the protection of the surface and surface uses of the land. D. Copies of leases and permits to Department of Agriculture The Bureau of Land Management will furnish the Department of Agriculture three copies of executed lease or permit. IV. Notice of change in status of leases and permits The Bureau of Land Management will promptly notify, in triplicate, the Department of Agriculture of all assignments, full or partial relinquishments, cancellations and expirations of leases and permits. In connection with each application for partial or total relinquish- ment or cancellation of lease or permit, the Bureau of Land Manage- ment shall obtain from the authorized representative of the Secretary of Agriculture a statement (1) to the effect that all requirements of the lease or permit with respect to the use, protection and restoration of the surface have been fulfilled, or (2) setting forth the nature and amount of any uncompensated damage or of any surface restoration work remaining to be done. V. Notice of conveyance of mineral interests The Department of Agriculture will promptly notify the Bureau of Land Management of any and all conveyances of mineral interests upon which a lease or permit is in effect or on which it is known to the Department of Agriculture that an application for a mineral lease or permit has been filed. VI. Procedure with respect to use of certain deposits The Secretary of Agriculture or his representative may in his discretion permit, with or without charge and upon such terms and conditions as he may deem to be in the public interest, the mining and removal of deposits of limestone, common stone, rock, sand, gravel, clay, and other materials for construction or agricultural uses which are owned by the United States and which are within the lands affected by the Reorganization Plan if the materials to be removed are to be used for construction, repair, operation or maintenance in connection with any public project or reservation, or for roads or streets within or in the vicinity of any such project or reservation, or if such materials are to be used by any resident within the project or reservation or in the vicinity thereof for agricultural purposes or in the construction, repair, operation, or maintenance of improvements upon lands owned or occupied by such residents. In order to provide for the supply of strictly local domestic needs for fuel, the Secretary of Agriculture or his representative further may in his discretion issue, with or without charge and upon such terms and conditions as he may deem to be in the public interest, limited licenses or permits to individuals to prospect for, mine and take for their own use but not for sale, coal which is owned by the United States and which is within the lands affected by the Reorganization Plan: Provided, That this privilege shall not extend to any corporations. 10/ VII. Transfer of receipts A. Moneys collected from leases and permits heretofore issued by the Department of Agriculture 1. Moneys collected to the effective date of this section of the Procedure will remain with Agriculture. 2. At time of transfer of lease contracts and permits, Agriculture will give Interior a statement showing the status of moneys received and receivable as of the effective date of this section of the Procedure. 3. Any payments tendered to Agriculture by lessees and permittees after the effective date of this section of the Procedure will be accepted and forwarded immediately to the Bureau of Land Management; and lessee or permittee will be requested by Agriculture to make future payments direct to Interior. C. Notice to Department of Agriculture of all collections by Department of the Interior. 11/ Except as provided in A...of this section, Interior will make all collections and will notify agriculture within fifteen days after the close of the year involved (Soil Conservation Service, end of calendar year; Farm Security Administration, end of fiscal year; Forest Service, Bankhead-Jones end of calendar year, Forest Reserve fund, end of fiscal year) of the amounts deposited under each symbol and subsymbol. 9/ VIII. This Procedure shall take effect immediately upon its approval by both Departments, except as to Section VII which shall take effect ten calendar days thereafter. DEPARTMENT OF AGRICULTURE By (Sgd) Charles F. Brannan Assistant Secretary of Agriculture Date October 4, 1946 DEPARTMENT OF THE INTERIOR By (Sgd) Oscar L. Chapman Acting Secretary of the Interior Date November 8, 1946 1/ The procedure has not been revised. Some modifications have become effective by mutual consent and practice; they have not be incorporated here, but clearly inapplicable procedure has been deleted. 2/ Applications for all minerals leases and permits are now filed with BLM. 3/ This procedure is now followed for all mineral leases and permits on national-forest land. 4/ In quadruplicate. Form BLM 4-1303 (May 1955) is now used. 5/ Or a statement that opinion is on file in the Department of Agriculture. 6/ The administration of title III lands was transferred to the Forest Service as of January 2, 1954 (19 F.R. 74). 7/ Chief, Forest Service, for title III lands transferred on January 2, 1954, to the Forest Service. Form BLM 4-1303 is now used. Submitted in quadruplicate. 8/ See Form BLM 4-216, Stipulation for Lands Under Jurisdiction of Department of Agriculture, and individual lease forms. 9/ Approved July 24, 1947, Department of Agriculture; August 11, 1947, Department of the Interior. 10/ Approved December 27, 1946, Department of the Interior; January 17, 1947, Department of Agriculture. 11/ While Department of the Interior continues to make all collections, the amounts collected are now deposited directly to the appropriate accounts in Agriculture, thus the provision that Interior notify Agriculture within 15 days is no longer operative. Current procedures, which provide for depositing directly to the Forest Service in the accounts of the regional disbursing officer of the Treasury, are covered in Budget and Finance instructions. 1531.12d - Interagency Agreement for Mineral Leasing. 84-SIE-008 INTERAGENCY AGREEMENT BETWEEN THE BUREAU OF LAND MANAGEMENT AND THE FOREST SERVICE FOR MINERAL LEASING The Bureau of Land Management (BLM), Department of the Interior, and the FOrest Service (FS), Department of Agriculture, hereby agree that the policy and procedures set forth in this Inateragency Agreement (IA) shall be followed with respect to the processing of authorizations, such as licenses, permits, and leases, that grant rights to federally owned minerals in the National Forest System (NFS) and in adjoining lands with Federal minerals (split estate lands). Such authorizations are collectively referred to in this IA as leases. This agreement does not include permits issued by the FS to do preliminary mineral-related investigations or surveys. I. AUTHORITIES The BLM manages the Federal leasable mineral estate under authority of the Mineral Leasing Act of 1920 (30 U.S.C. 181 et seq.), the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351-359), the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.), Section 402 of Reorganization Plan No. 3 of 1946 (5 U.S.C. Appendix), the Federal Coal Leasing Amendments Act of 1976 (90 Stat. 1083), and other Acts. The FS manages the NFS for multiple use and sustained yield of products and services and is authorized to make rules and regulations to govern surface use and occupancy under the authority of the Organic Administration Act of 1897 (16 U.S.C. 473-475, 477-482, 551), the Multiple-Use Sustained- Yield Act of 1960 (16 U.S.C. 528 (note), 528-531), and the National Forest Management Act of 1976 (90 Stat. 2949). Under certain statutes the FS has consent authority for leasing of the NFS. Also, in accordance with 43 CFR 3101.7 and through long standing agreement between the Departments, the FS provides recommendations where consent authority does not exist. II. PURPOSE This IA establishes the policy and procedures by which leasing proposals which involved the NFS and adjoining private lands with Federal minerals are to be processed by the BLM and the FS. This policy and these procedures are adopted to ensure cooperative, timely, and efficient action by the BLM and the FS with respect to such leasing, consistent with the statutory and regulatory responsibilities of each agency. III. RESPONSIBILITIES A. NEPA Compliance and Coordination. Issuance of leases by the BLM is a Federal action which requires an environmental analysis to be made in conformance with the National Environmental Policy Act of 1969 (NEPA), its implementing regulations (40 CFR 1500-1508), and agency direction. In order to comply with these requirements in an efficient and effective manner, both agencies will participate jointly in scooping each proposed action. A single environmental analysis and, if appropriate, a single document is to be completed such that it will be an adequate environmental basis for all recommendations and/or decisions to be made by either the FS or the BLM. For leasing proposals which primarily involve the NFS or adjoining private lands with Federal minerals and which primarily involve NFS issues, the FS will have the lead for environmental analysis and, when necessary, documentation in an environmental assessment or environmental impact statement. For leasing proposals which involve primarily non-NFS lands or issues, the participation of each agency in environmental analysis and documentation will be determined during scooping. In all cases, FS expertise will be recognized for that portion of any analysis or document concerning protection and utilization of the NFS. B. Stipulation Development and Use. The BLM and the FS will coordinate the development of stipulations in conjunction with NEPA compliance at the local level to ensure appropriate wording and to ensure that adequate justification for their use exists in the record. The BLM and the FS will coordinate agency-wide stipulation use policy at the Washington level. C. Agency Decisions. Leasing decisions are to be coordinated by the BLM and the FS so that requirements identified through the environmental analysis and, if appropriate, the environmental document are considered in FS recommendations (including those pertaining to adjoining private lands with Federal minerals) and/or consent decisions and in subsequent BLM leasing decisions. Coordination with respect to FS recommendations and/or decisions is to be such that FS is aware of final action to be taken by BLM. 1. Recommendations. When the FS role in the leasing decision is limited to providing the BLM with advisory, nonbinding recommenda- tions, the FS will forward its recommendations to BLM as to the leasing of the NFS and adjoining private lands with Federal minerals. 2. Consent. When the decision requires consent of the FS for the leasing of the NFS, the FS shall notify affected parties of its decision. After expiration of the FS appeal period, the FS shall forward its decision to BLM. When the FS provides recommendations, for adjoining private lands with Federal minerals or recommendations involving non-NFS lands or authorities within its decision, they are to be so identified. D. Appeal Coordination. To the extent that potential leasing of the NFS and of adjoining private lands with Federal minerals involves only FS recommendations, FS actions are not subject to appeal to the FS. However, to the extent that such leasing of the NFS requires FS consent, FS decisions are subject to appeal to the FS under 36 CFR 211.18. If a decision is appealed, the FS will promptly notify the BLM. All BLM decisions, subsequent to either FS recommendations or consent decisions, are then subject to protest to BLM and/or appeal under 43 CFR 4. The BLM will promptly notify the FS if a BLM decision affecting a lease proposal of the NFS is protested or appealed. E. General Program Coordination. 1. The BLM will review proposals for leases prior to forwarding them to the FS to ensure compliance with applicable regulations. The BLM will forward acceptable proposals to the FS within 15 days of receipt with a request for a FS recommendation and/or consent decision and, if acquired minerals are proposed for leasing, a request for a title report. 2. Within 30 days of FS receipt of a leasing proposal, the BLM and the FS will, if necessary, scope the proposal. 3. The FS will forward its recommendation and/or consent decision within 60 days of the initial receipt by the FS of the leasing proposal, or will provide the BLM with a date to expect a response giving the reason for such delay. 4. The BLM State Director and the FS Regional Forester will attempt to resolve differences concerning FS leasing recommendations or differences involving specific leasing procedures. Differences which cannot be resolved will be forwarded promptly to the BLM Director and the FS Chief for resolution. 5. The BLM will close a case by either issuing a lease or rejecting and offer within 60 days of receipt of FS recommendations or consent decisions. 6. The BLM will provide the FS information relative to changes in the status of offers, licenses, permits, and leases within 10 days of the change. 7. The BLM and the FS will incorporate the policies and procedures set forth in this agreement into their respective manual systems. The BLM and the FS will coordinate and share at the local and national level manual releases, policy memoranda, and directives affecting the respective leasable mineral programs. 8. The BLM and the FS will coordinate the preparation of budget proposals for leasable minerals at the national level to ensure that data and information are consistent and that major projects, such as coal leasing plans, are appropriately considered in the budgets of both agencies. The BLM and the FS will coordinate work plans at the State Director/Regional Forester level and, with respect to NEPA compliance for leasing of split estate lands, will notify respective Washington Offices when substantial costs will be incurred. IV. SUPPLEMENTAL AGREEMENTS The BLM State Directors and the FS Regional Foresters are encouraged to enter into supplemental agreements consistent with this IA in order to implement local procedures which will contribute to the cooperative, timely, and orderly processing of mineral leasing proposals. A copy of supplemental agreements will be forwarded to the BLM Director and the FS Chief for information. V. EFFECT ON PRIOR AGREEMENTS This IA supersedes the following interagency agreements, in whole or in part as indicated, as they relate to the processing of mineral leasing proposals and, to the extent inconsistent, any other agreements between the BLM and the FS. 1. Sections III, IV, and V of the Cooperative Agreement Between Forest Service (USDA) and the Geological Survey (USDI) for Operations Within Solid Mineral Permits and Leases on National Forest System Lands, dated November 1980, are superseded. 2. The Interim Memorandum of Understanding Between the Bureau of Land Management and the Forest Service, dated December 1980, is superseded in its entirety. 3. Sections I.A., I.B., III.A, and III.B., of the Memorandum of Understanding for the Geothermal Program between the U.S. Geological Survey - Bureau of Land Management - USDA, Forest Service, dated December 1981, are superseded. VI. AGREEMENT REVIEW Within 1 month prior to the anniversary date of this IA, the FS Regional Foresters and the BLM State Directors shall apprise their respective Washington Offices of suggested modifications, if any, to this agreement which would contribute to the cooperatively, timely, and orderly processing of mineral leasing proposals. These suggestions will be reviewed by the BLM Director and the FS Chief to determine if the IA should be amended. /s/ 6/19/84 Chief, Forest Service Date /s/ 6-19-84 Director, Bureau of Land Management Date 1531.12e - Memorandum of Understanding for Coordinated Resource Management and Planning. MEMORANDUM OF UNDERSTANDING Between EXTENSION SERVICE, SOIL CONSERVATION SERVICE AND THE FOREST SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE And THE BUREAU OF LAND MANAGEMENT UNITED STATES DEPARTMENT OF THE INTERIOR I. PURPOSE This Memorandum of Understanding establishes policy and general guidelines for use by the Bureau of Land Management (BLM), Soil Conservation Service (SCS), Forest Service (FS), and Extension Service (ES) in coordinating their resource planning, management, and educational activities directed toward working with State and local agencies, private landowners and others in developing and implementing sound resource management and conservation programs. These activities generally will relate to Coordinated Resource Management (CRM). CRM is an approach for reaching decisions and resolving resource conflicts. It can complement any planning or management situation where mixed land ownerships or multiple resource management uses are involved. Some of the elements common to the CRM approach are: Cooperation and equitable voluntary participation of all affected interests using a "Team" approach. Open communications among all participants. Availability of technical expertise. Strong and effective local leadership. Agreement by consensus of the team. Commitment to monitoring, review and revision of plans, agreements and projects to insure objectives are met. II. POLICY The BLM, FS, SCS, and ES will cooperate to foster CRM where appropriate on intermingled or adjacent public and private lands. Techniques and procedures developed through the Experimental Stewardship Program may be implemented through CRM where statutory authority, resource needs, public support and financial capability exists. In implementing the provisions of this memorandum, each agency's participation will vary depending upon the land ownership and the land use and administration within the area. The signatory agencies will cooperate with all owners, managers, and users of land and resources within each specific area, including States, counties and private landowners. Other persons, agencies and organizations with interest in the CRM area will be involved as appropriate. III. AUTHORITY BLM, ES, SCS, and FS operate under separate legislative authorities and departmental policies including, but not limited to, the following: A. he Act of April 27, 1935 (16 U.S.C. 590a-f). B. The Act of May 8, 1914 (Smith-Lever Act, 7 U.S.C. 341-349); Section 1444 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221). C. Title III, Bankhead-Jones Farm Tenant Act of July 22, 1937 7 U.S.C. 1010-1012. D. The Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600-1614). E. The Federal Land Policy and Management Act of 1976, as amended by the Rangelands Improvement Act of 1978 (43 U.S.C. 1701 et seq.) F. The Renewable Resources Extension Act of 1978 (16 U.S.C. 1671 et seq.) G. The National Forest Management Act of 1976 (90 Stat. 2949). H. The Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101 et seq.) IV. RESPONSIBILITIES A. The BLM and FS plan and implement multiple-use resource management and conservation programs on public lands under their jurisdiction. The FS also has responsibilities to demonstrate and promote sound grassland agriculture and land management practices on the National Grasslands and areas of which they are a part. B. The SCS provides technical assistance to conservation district cooperators and USDA cost-share participants for planning and applying conservation programs on private and other non-federal lands. C. ES, in cooperation with State Cooperative Extension Services, conducts educational activities at the national, regional, State and local level, which complement research, management, and assistance programs. V. RELATIONSHIP TO PLANNING ON PUBLIC LANDS Public land management agency land use plans establish general management direction and multiple use objectives for a planning area. CRM is an approach that provides for interaction among interested and affected agencies, organizations, individuals, and the planning agency to determine mutually acceptable management practices and multiple use objectives at the local level. VI. OBJECTIVES The objectives of CRM are: A. Improve management of land and resources while promoting cooperation between the agencies, landowners, groups, and individuals, responsible for or interested in these resources. B. Develop and implement resource management programs and activities to achieve compatible resource uses based on sound ecologic and economic relationships. C. Achieve optimum sustained production of food, fiber, and other goods, services, and benefits from such lands; while at the same time, protecting and enhancing environmental quality. D. Increase efficiency and reduce resource management costs of public agencies, private landowners, communities, and the general public. E. Improve communications among those interested in and affected by land and resource management decisions. VII. GENERAL CONSIDERATIONS A. No interagency reimbursement will be required for activities conducted under this memorandum. B. BLM and FS will, when implementing the memorandum, contact users of the BLM & FS lands and those affected by its use in planning areas under their jurisdictions to assure that consultation concerning management programs is accomplished and will retain responsibility for meeting all requirements of the laws and regulations pertaining to the use and management of these lands. C. Cooperator contacts and followup assistance will normally be made by the agency having primary responsibility for management, technical services or education as mutually agreed upon in the CRM plan. D. Appropriate authorization will be obtained from the landowner or land managing agency before any practices, structures, or projects are applied to or installed upon the land. E. Management objectives and priorities for BLM and FS administered lands will be determined through the responsible agency's planning system and, to the extent possible, will be consistent with State and local land use plans. F. Conservation Districts (CDs) will be encouraged to enter into memoranda of understanding with BLM, FS and/or other appropriate agencies at the local level. When invited by the CD, the BLM, SCS, and FS, as appropriate, will present reviews of proposed resource activities of concern to the CD. Other agencies involved in CRM will be encouraged to do the same. CDs will be encouraged to give consideration to such activities when developing long-range programs and assigning priorities and work schedules for inclusion in their annual work plans. G. When requested by the administering agency, SCS may provide technical assistance on public lands when results would benefit intermingled or adjoining private lands. H. Cooperative Extension Service participation at the State and local level will be covered by separate memoranda of understanding to which the appropriate State Cooperative Extension Service is a party. I. Where State and private forests and related lands are involved, the FS will discharge its responsibilities through the appropriate State organization. VIII. STATE AND LOCAL COORDINATION A. STATE EXECUTIVE GROUP - The State Director, BLM; State Conservationist, SCS; Regional Forester and/or Area Director, FS; will be included in this group. The State Director and/or Administrator, Cooperative Extension Service; a representative of the State Conservation and State Forestry Agency; and administrators of other appropriate State and Federal agencies; will be invited and encouraged to become members. This group will develop and put into effect supplemental agreements, as needed, to meet the objectives of this memorandum, including procedure for specific programs to achieve agency coordination and cooperation throughout the State. B. STATE TASK GROUP - This group, appointed by the State Executive Group members will implement and monitor CRM in the State. It shall include appointed representatives of BLM, FS, and SCS as appropriate as well as the Cooperative Extension Service and other appropriate State and Federal organizations. C. LOCAL COORDINATION - Local CRM committees or steering groups may be established in accordance with procedures developed by the State Executive Group. Conservation Districts are encouraged to be local convenors or coordinators. IX. INITIATING, IMPLEMENTING AND SCHEDULING A. INITIATION - The State Executive Group will acquaint field personnel with this memorandum to assure mutual understanding and interpretation. Joint training, under leadership of the State Task Group, is encouraged. B. IMPLEMENTING - Active participation in the CRM approach by all key participants is essential. The local committee should include representatives from all landowner, interest groups and resource administering agencies within the defined management area. Where full-time participation of one or more parties is not warranted, suitable arrangements should be made to ensure that CRM can proceed with a reasonable assurance that results will be acceptable to all. C. SCHEDULING - Each agency and group has its own program of activities for which priorities are established. CRM should be compatible and complementary with each agency's activity schedule. This requires a reasonable amount of negotiation between agencies, Conservation Districts and others in selecting requests and assigning priorities. The State Executive Group will prepare guidelines, useful at the county and local levels, for determining priorities, assigning responsibilities, and scheduling needed assistance. Followup schedules should be developed to monitor and evaluate implemented programs. X. MODIFICATION This memorandum shall take effect when it is approved by all of the parties in writing and shall remain in force until it is expressly abrogated in writing by any of the parties. The agreement, executed on November 26, 1980, shall be deemed superceded upon the effective date hereof. APPROVALS /s/ Myron D. Johnsrud 2/02/87 ADMINISTRATOR, EXTENSION SERVICE /s/ F. Dale Robertson 6/03/87 CHIEF, FOREST SERVICE /s/ Robert F. Burford 7/02/87 DIRECTOR, BUREAU OF LAND MANAGEMENT /s/ Wilson Scaling 5/14/87 CHIEF, SOIL CONSERVATION SERVICE 1531.12f - Interagency Right-of-Way and Road Use Agreement. (FSM 5465.1.) 1531.12g - Interagency Agreement With the Bureau of Land Management and the Soil Conservation Service Cooperation for the Creation of a Bibliographic Computer File of Selected Range Management Literature. 80-SIE-007 INTERAGENCY AGREEMENT between Forest Service, U.S. Department of Agriculture and Soil Conservation Service, U.S. Department of Agriculture and Bureau of Land Management, U.S. Department of the Interior The Forest Service (hereinafter called FS) and the Soil Conservation Service (hereinafter called SCS), both agencies of the U.S. Department of Agriculture, and the Bureau of Land Management (hereinafter called BLM), U.S. Department of the Interior, desire to cooperate in the development and computer storage of technical information resources from which services may be provided in areas of mutual program interest. This cooperation will eliminate duplication of effort and expenditure as well as enhance the reliability and timeliness of technical communications concerning range and other renewable resources. The FS, SCS, and BLM have been creating a bibliograpic computer file of selected range management literature. To date this file contains about 8,000 records. This agreement will facilitate the continuation of this cooperative effort. A. The FS agrees to: 1. Develop and maintain a computer-based technical information file, named CORR (Communications on Renewable Resources). 2. Make CORR publicly available through a data base vendor and, within the Federal Government, through departmental computer facilities, when warranted. 3. Incorporate range information jointly sponsored by SCS, BLM, FS, and other future cooperators into the CORR file. 4. Serve as the lead agency by providing the administrative activities and the technical information expertise required for creation and maintenance of the bibliographic records. Administer access agreements and password assignments to those who wish to search the CORR file at their own expense through the facilities of the commercial data base vendor. 5. Provide cooperating agencies, e.g., SCS and BLM, with current awareness services, also copies of CORR records on magnetic tape for publication in accord with copyright requirements. 6. Make similar agreements with other appropriate agencies and groups interested in the development and use of the CORR file. B. The SCS and BLM agree to: 1. Provide counsel and expert subject information as needed for this interagency project. 2. Assist in collecting data regarding program information needs, user feed back, CORR evaluation, and promotion of user awareness of CORR. 3. Provide information on new documents or technological developments pertaining to range management on a timely basis for possible inclusion in CORR. C. It is mutually agreed and understood that: 1. Cooperating agencies will share costs of creating and maintaining the subset of the CORR file pertaining to range management, and other related work specifically agreed upon by letter supplements to this agreement. At least one letter supplement describing the annual plan of work, including that called for in Clause A.5 above, and the annual funding agreement is required each fiscal year. The dollar amounts identified in the annual plan of work and budget are subject to availability of agency funding to support the work. 2. Administration of this agreement will be carried on by an Interagency Range Information, Committee (IRIC) made up of one member from each Agency's Range Management Staff and the Leader of the Forest Service Technology Transfer Group. 3. The annual plan of work and budget will be developed by the Interagency Committee (IRIC) early enough to permit joint funding and implementation early in the fiscal year. Plans and work approved by the IRIC will be coordinated by the Forest Service Technology Transfer Group. 4. Nothing herein shall be construed as obligating the FS, BLM, or SCS to expend, or as involving the United States in any contract or other obligation for the future payment of money, in excess of appropriations authorized by law and administratively allocated for this work. 5. This agreement shall remain in effect until terminated by either party. Notice to terminate shall be given, in writing, at least 60 days in advance of the intended termination date. 6. This agreement shall be effective upon execution by all parties hereto. 7/11/80 /s/ George D. Lea Date George D. Lea Deputy Director for Lands and Resources U.S. Department of the Interior Bureau of Land Management 7/3/82 /s/ Paul M. Howard Date Paul M. Howard Deputy Chief for Technology Development U.S. Department of Agriculture Soil Conservation Service 7/14/80 /s/ Douglas R. Leisz Date Douglas R. Leisz Associate Chief U.S. Department of Agriculture Forest Service 80-SIE-007- 001 INTERAGENCY AGREEMENT between U.S. Department of Agriculture (USDA) Forest Service (FS) and Soil Conservation Service (SCS) and Bureau of Land Management (BLM), U.S. Department of the Interior for Cooperation in the Development and Computer Storage of Technical Information Resource in Areas of Mutual Program Interest AA 851-IAO-76 The Interagency Agreement attached hereto which was entered into on behalf of the Bureau of Land Management by an individual without contracting authority, is hereby ratified by an individual who could have entered into the Interagency Agreement at the time the unauthorized commitment was made and still has the power to do so at this time. The following administrative information pertaining to the Interagency Agreement is provided: 1. The BLM shall transfer FY 1980 funds to USDA in the amount of $10,000.00 upon receipt of a property submitted Form 1081. Billings should be directed to the Bureau of Land Management, Division of Finance, 18th and C Streets, N.W. Washington, D.C. 20240. The funds are chargeable to AA 220 80 4320 0110 under requisition number 220-PRO-7. 2. The period of performance is from July 14, 1980, through September 30, 1980. Any further agreement to continue this yervice into FY 1981 is subject to: (1) the availability of FY 1981 appropriations; (2) justifications to support such a procurement; and (3) the approval and signature of a Contracting Officer within BLM possessing the authorization to enter into such an agreement. 3. Nothing contained in the agreement or this ratification thereof shall abrogate the statutory responsibility or authority of the agency signatures to the agreement on this ratification. 4. The BLM Officer designated the administration of this agreement is Mr. Carroll D. Day; Contracting Officer (851), Bureau of Land Management, Washington, D.C. 20240 telephone (202) 343-5766. Sep 30, 1980 /s/ Fred Galinsky Chief, Branch of Contract Operations