1561-1561.9 Page 1 of 23 FOREST SERVICE MANUAL WASHINGTON TITLE 1500 - EXTERNAL RELATIONS Amendment No. 1500-96-9 Effective October 16, 1996 POSTING NOTICE. Amendments 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 Amendment 1500-96-8 to FSM 1566.24f-1566.25. This amendment supersedes Amendment 1500-90-1 to FSM 1561- 1561.9. Superseded New Document Name (Number of Pages) 1561-1561.9 23 22 Digest: 1560 - Creates the chapter table of contents as a separate document. There are no substantive changes to the rest of this section. JACK WARD THOMAS Chief FSM 1500 - EXTERNAL RELATIONS WO AMENDMENT 1500-96-9 EFFECTIVE 10/16/96 CHAPTER 1560 - STATE, COUNTY, AND LOCAL AGENCIES; PUBLIC AND PRIVATE ORGANIZATIONS 1561 - STATE CONSERVATION AGENCIES. 1561.2 - Fish and Game Department. 1561.21 - Formats for Memoranda of Understanding. Exhibit 01 provides a format for a supplement to the State Memorandum of Understanding on law enforcement. Exhibit 02 provides a proposed format for a Forest Service - State Memorandum of Understanding. 1561.21 - Exhibit 01 SUPPLEMENT NO. TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF FISH AND GAME AND FOREST SERVICE, REGION OR NATIONAL FOREST U.S. DEPARTMENT OF AGRICULTURE DATED: This supplement is issued for the purpose of stating the responsibilities and relationships of the Department of Fish and Game and Region or National Forest, hereinafter referred to as the Forest Service, in the implementation of a coordinated fish and wildlife law enforcement program. WHEREAS, Title 16 U.S.C. 553, Duties of Officials of Forest Service; Stock Laws; Protection of Fish and Game, states: "Officials of the Forest Service designated by the Secretary of Agriculture shall, in all ways that are practicable, aid in the enforcement of the laws of the States or Territories with regard to stock, for the prevention and extinguishment of forest fires, and for the protection of fish and game, and with respect to National Forests, shall aid the other Federal bureaus and departments on request from them, in the performance of the duties imposed on them by laws," and WHEREAS, "Department of Agriculture Memorandum designating certain officers and employees of the Forest Service to enforce laws and Regulations 1561.21 - Exhibit 01--Continued relating to Wildlife," published in the Federal Register Doc. 40-3493, filed August 21, 1940, 11:33 a.m., states: "All officers and employees of the Forest Service assigned to duty in the field service are hereby designated to enforce Acts of Congress, and regulations promul- gated therefor, for the protection, preservation, or restoration of game and other wild birds and animals on lands under the jurisdiction of the Forest Service," and WHEREAS, the Forest Service recognizes that the primary responsibility for fish and wildlife law enforcement on National Forest System lands rests with the States, and WHEREAS, the State of has requested the Forest Service to enter into a coordinated fish and wildlife law enforcement effort. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: A. The Forest Service shall: 1. When available and within budget constraints, assign Forest Service employees to work with Department law enforcement personnel during specific time periods, such as hunting seasons or periods of heavy fish and wildlife violations. 2. Upon request, and depending upon availability, assign Forest Service Law Enforcement Officer(s) or Special Agents to work with the Department on specific law enforcement problems. 3. Coordinate with Department personnel in developing prevention programs aimed at reducing law enforcement problems on National Forest System lands. 4. Within the context of its multiple use objectives, manage the Forest Service transportation system to help minimize fish and wildlife law enforcement problems. 5. Coordinate law enforcement efforts with the other fish and wildlife programs on National Forest System lands. B. The Department will: 1. Upon requests, and depending upon availability, in all ways that are practicable, aid in the enforcement of laws and regulations with regard to the administration of National Forest System lands. 2. Upon request, provide training to Forest Service officers in State fish and wildlife laws and regulations. 1561.21 - Exhibit 01--Continued C. It is mutually agreed and understood by and between the said parties that: 1. Forest Service law enforcement efforts will be limited to Federal and State fish and wildlife violations that occur on National Forest System lands. When provided for by State law and when specifically authorized, Forest Service employees may be deputized as State game wardens. 2. Parties will meet at least once yearly to evaluate the effectiveness of this law enforcement effort and to strengthen the program where needed. 3. Parties will coordinate all phases of safety associated with hunting, fishing, and trapping. 4. Each party will name an overall coordinator to communicate and facilitate the handling of the agencies' responsibilities under this supplement to the Memorandum of Understanding. 5. This supplement shall become effective as soon as signed by the parties hereto and shall continue in force unless terminated by either party upon 30 days' notice in writing to the other party of its intention to do so. IN WITNESS WHEREOF, the parties have executed this agreement as of the last date written below. DEPARTMENT OF FISH AND GAME Date: Director U.S. DEPARTMENT OF AGRICULTURE FOREST SERVICE DATE: Regional Forester or Forest Supervisor 1561.21 - Exhibit 02 MEMORANDUM OF UNDERSTANDING BETWEEN STATE OF AND FOREST SERVICE U.S. DEPARTMENT OF AGRICULTURE PART I PREAMBLE This Memorandum of Understanding, made in duplicate this day of , 19 , by and between the (State wildlife and fish management agency), hereinafter called the ; and the United States Department of Agriculture, Forest Service, through the Regional Forester of Region , hereinafter called the Forest Service. The term, , as used herein shall mean the (State wildlife and fish management agency) acting pursuant to and under the authority of the . A. WHEREAS, the has been created under the laws of the State of to provide an adequate and flexible system of control, propagation, protection, regulation, management, or use of all fish and wildlife in ; and, B. WHEREAS, the Forest Service is authorized by Acts of Congress and by regulations issued by the Secretary of Agriculture to regulate the occupancy and use of the National Forest; to maintain within the National Forest proper habitat conditions for fish and wildlife, and for securing proper use of the habitat compatible with other uses of land under its administration; and, C. WHEREAS, it is the mutual desire of the Commission and the Forest Service to work in harmony for the common purpose of developing and maintaining all of the fish and wildlife resources for the best interests of the people of and the United States, the following document is adopted as their Memorandum of Understanding. PART II THE COOPERATION ETHIC It is the understanding of both agencies that: A. The basic intent of this document is to strengthen the cooperative approach to the management of fish and wildlife and fish and wildlife habitat on the National Forests at all levels of the respective agencies. B. Cooperation cannot be forced by this or any other document. It can only come from the recognized need and desire to cooperate. 1561.21 - Exhibit 02--Continued C. The Forest Service/ relationship will be on a professional basis, as two cooperators attempting to achieve common goals. D. A basic need of both agencies is to be kept informed on matters of mutual interest. This means the should be informed in a timely manner and its recommendations solicited on matters of National Forest management that may affect fish and wildlife and its management; and the Forest Service should be informed in a timely manner and its recommendations solicited on fish and wildlife programs of the that may affect National Forest System lands. PART III THE AGREEMENT The Forest Service agrees: A. When surplus to its needs, make available to representatives of the Commission such National Forest improvements, facilities, and equipment as would normally be used in fish and wildlife work. B. To enter into supplemental cooperative agreements with the Commission for the erection and maintenance of structures on National Forests where they are deemed necessary to facilitate management activities of the Commission; provided such structures meet the requirements of the Forest Supervisor and their intended use conforms with Forest Service policy. C. In cooperation with other uses and values, to practice those forms of land management that will benefit wildlife and fish. D. To recognize the as the agency responsible for managing the fish and wildlife resources of the State; and to seek advice of the Department concerning wildlife needs in carrying out the management of National Forest System lands. E. To provide adequate lead time to review with the and obtain concurrence for fish and wildlife habitat improvement projects. The agrees: A. To provide enforcement of State fish, wildlife, and boating laws and regulations which are applicable on National Forest System lands and where the has the authority. B. To make available to the Forest Service such facilities, equipment, and personnel for the prevention and suppression of forest fires or in the solution of other emergency situations on the Forests insofar as mutually agreed upon by the and Forest Supervisor. 1561.21 - Exhibit 02--Continued C. To neither make nor sanction any release, introduction, or establishment of wildlife, or fish, which may affect National Forest management until a joint investigation has been made and a mutual agreement reached regarding its possible effect upon all other resources. D. To annually notify affected National Forest of plans for introduction of new fish species and recurrent management stocking of waters within National Forests. E. To erect no permanent signs nor perform construction on National Forests without first securing the concurrence of the Forest Supervisor. F. To notify the Forest Supervisors of changes in the State fish and wildlife laws and regulations. G. To recognize the Forest Service as the agency, primarily responsible for fish and wildlife habitat and its management on the National Forests. The Commission and Forest Service mutually agree: A. To make no use of pesticides on the National Forests unless such operations have been fully discussed between agencies. B. To encourage a united and professional approach by personnel of both agencies in seeking solutions to problems which may arise in wildlife and fisheries management. C. To cooperate in the formulation and application of practical plans and programs to manage fish and wildlife and fish and wildlife habitat. D. To meet annually and more often if desirable, for discussion of matters relating to management of wildlife and fisheries resources in or affecting National Forest System lands and to provide for other meetings at various administrative levels for discussion of matters relevant to the wildlife and fisheries resources. E. To meet annually at the Forest Supervisor and Regional Supervisor and staff level to discuss any work the Forest plans for the ensuing fiscal year that will affect wildlife and fisheries work the Department plans that involves the National Forest. F. That whenever a specific area of a National Forest is set aside for a program of intensive cooperative wildlife and fisheries management, which in part or whole is to be financed by deposits in a cooperative work fund, individual cooperative agreements will be entered into by the parties hereto covering the management of each such National Forest and portion thereof. 1561.21 - Exhibit 02--Continued G. To provide each other with reports and copies of basic correspondence essential in making the "cooperation ethic" work. H. To assist each other in enforcement of laws under their respective jurisdiction by promptly reporting violations to local officers of the cooperating agency. I. That each and every provision of this Memorandum of Understanding is subject to the laws of the State of and the laws of the United States. J. That nothing in this Memorandum of Understanding shall be construed as obligating the or the State of in the expenditure of funds or for the future payment of money in excess of appropriations authorized by law. K. That nothing in this Memorandum of Understanding shall be construed as obligating the Forest Service or the United States Government in the expenditure of funds or for the future payment of money in excess of appropriations authorized by law. L. That this Memorandum of Understanding supersedes the like agreements between the Regional Forester of Region and the made on ; but it does not invalidate agreements subsequent thereto that may be in force. M. That no member of, or delegate to Congress, or resident commissioner shall be admitted to any share or part of this agreement, or any benefit that may arise therefrom; but this provision shall not be construed to extend to this agreement if made for a corporation for its general benefit. N. That amendments or supplements to this Memorandum of Understanding may be proposed by either agency, and shall become effective upon approval by the other. O. In carrying out the terms of the Memorandum of Understanding" there shall be no discrimination against any person because of race, religion, color, sex, or national origin. P. That this Memorandum of Understanding shall become effective when signed by both parties, and shall continue in force until terminated by either party after thirty (30) days' notice in writing to the other of his intentions to do so. (State Wildlife and Fish Management Agency) Director Date UNITED STATES DEPARTMENT OF AGRICULTURE, FOREST SERVICE Regional Forester ( ) Date 1561.6 - Soil Conservation Districts. 1561.61 - Department's Policy and Procedures. The following statement by the Secretary of Agriculture establishes policies and procedures for the Department's cooperation with soil conservation districts. A STATEMENT BY THE SECRETARY OF AGRICULTURE CONCERNING DEPARTMENTAL COOPERATION WITH SOIL CONSERVATION DISTRICTS Within the last three and one-half years 38 States have adopted soil conservation district laws. These are the States of Alabama, Arkansas, California, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia and Wisconsin. 375 Districts have been established under these laws, including within their boundaries over 232,000,000 acres. An additional 60 Districts are certain to come into existence within the next few weeks, since the farmers have voted for their organization in the required referenda and all that remains is the completion of the organization procedure. In addition, farmers have filed petitions with the respective State Soil Conservation Committees asking for the organization of 200 more Districts. The speed with which landowners and operators all over the United States are organizing soil conservation districts for a cooperative attack upon their problems of erosion control and soil conservation is one of the most remarkable developments in recent American agriculture history. The soil conservation districts are local units of government, organized under State laws and answerable to the State legislatures. They operate, in most cases, over naturally bounded areas, and come into existence only in response to the petition and favorable referendum vote of the landowners and operators carrying on agricultural operations within their boundaries. In this way the necessary basis has been laid for the maximum exercise of initiative and responsibility by the farmers themselves. The philosophy of democratic government revolves around the the principle that the mass of the people is capable of governing. It is my conviction that a democracy, therefore, cannot be said to be succeeding unless the mass of the people participates in the affairs of government. Only their participation makes a democracy work. The distinguishing characteristics of the districts' legislation is that this principle is uppermost: these State laws place the responsibility for the management of a soil conservation program upon local folk. We, in the Department, welcome the opportunity to work in the closest cooperation with these districts that the farmers themselves are forming and managing. The State soil conservation districts laws have equipped the districts with the broad range of governmental powers they need to exercise in order to perform their functions well. It may be said in general that the districts are authorized to do everything that needs to be done to achieve "the prevention and control of soil erosion and the conservation of soil and soil resources". More particularly, the districts are authorized to carry out erosion control and soil conservation measures of all types-engineering operations, changes in methods of cultivation, the growing of vegetation, and changes in use of land-on all lands within the district, whether public or privately owned. They may point to the measures adopted as demonstrations of what can and needs to be done throughout the district. They may give assistance to farmers in preparing intensive conservation plans for their lands, and in putting those plans into effect-through technical guidance and supervision, the loan of field equipment, and the loan or gift of fertilizer, seeds, seedlings, and other material. They may act as a land management agency by acquiring lands through purchase of lease and administering those lands in whatever way will advance the objectives of the district. They may administer erosion control and soil conservation projects and activities, whether undertaken by themselves or by Federal or State agencies and entrusted to their care. They may enforce those minimum essential land-use practices that need to be uniformly observed throughout the district if erosion control and soil conservation are to be effective. While the districts are limited to working in the field of "erosion control and soil conservation" that field is an enormously broad one in agriculture. In the last analysis, soil conservation can be effectively achieved only if all lands are put to their proper use. In general, the districts are authorized to do whatever is essential to achieve that objective. The Department of Agriculture is cooperating with the soil conservation districts, and memoranda of understanding between the Department and 248 districts, distributed over 28 States, are not in effect. The interest of the Department does not lie alone in the fact that these districts badly need the technical guidance and the labor, material, equipment and other assistance which the Department of Agriculture is directed by the Congress to supply. It lies also in the fact that the objectives of good land use are common to both the districts and the Department. In a great many ways, therefore, the Department can realize many of its objectives much more effectively by working with and through the districts than by proceeding directly through projects or activities administered by its own personnel. A cooperative relationship between the districts, the Department, and the State Soil Conservation Committee will enable each to supplement the other's activities and achievements in the interest of the general welfare. The State Soil Conservation Committee established by the respective State soil conservation districts laws has the responsibility for making the essential determinations in organizing soil conservation districts, and for guiding and coordinating the activities of organized districts. With one exception, the State soil conservation district laws include one or more of the State College of Agriculture on the State Soil Conservation Committee. Even with assistance from Departmental agencies, the districts can hardly be expected fully to succeed or attain the desired quantity of satisfactory work without effective help from the State Soil Conservation Committee and wholehearted and active cooperation from the State College of Agriculture. Today, the Soil Conservation Service of the Department is assisting 248 districts; this number is constantly increasing and, in view of the fact that the Soil Conservation Service must soon be prepared to cooperated with more than 500 districts, it is obvious that a preponderant part of its work will be active assistance to soil conservation districts. The Extension Service of the Department and the cooperating Extension Services of the Land Grant Colleges are assisting districts in the educational work indispensable to the effective functioning of the districts in all of the 38 States. County governing bodies have in many cases loaned to districts the use of county highway and other equipment. Local land-use planning committees have encouraged the organization of particular districts, have assisted in determining what their boundaries should be, and have made land-use recommendations that have improved the operation of local, State, and Federal program within districts. The W.P.A. is already financing soil conservation work projects sponsored by a number of soil conservation districts. The Farm Security Administration is assisting some districts to finance the carrying on of necessary operations upon the lands of needy farmers. The Forest Service is cooperating with districts within the Great Plains in the administra- tion of farm shelterbelts. The Agriculture Adjustment Administration is adjusting its program to fit them in to the needs and activities of the districts. In this manner, a number of Federal, State, and local agencies, and in particular several bureaus of this Department, have already begun to gear their operations into the work of the districts and to assist them, financially and otherwise, to realize their ends. Experience has demonstrated that it is necessary to establish, for the guidance of all agencies in the Department, procedures to govern the cooperation of the Department with soil conservation districts. In brief, the principles of the procedures included in this statement intend that the Department will enter into a memorandum of understanding with each district as soon as any agency of the Department is ready to assist that district in carrying on its work. This Departmental memorandum of understanding will establish the general basis for cooperation. Subsequently, each agency of the Department that is prepared to cooperate with the particular district will enter into a supplemental memorandum of understanding or other appropriate arrangement with that district which will set forth the assistance to be made available. With a view to keeping all agencies of the Department informed of the organization and progress of the districts, and to provide coordination of effort without conflict, duplication or confusion, the following procedure is hereby established: 1. The Department will enter into a memorandum of understanding with a soil district when one or more agencies of the Department are ready to offer assistance to the district. There is attached hereto the standard form of memorandum of understanding which is approved for that purpose. It will be noted that the standard form states the intention of the parties to undertake the proposed cooperation, and sets forth the general procedure which the parties will follow. It should be noted, also, that the standard form does not commit the Department or any of its agencies to furnish assistance to the district, but merely established the basis upon which the district may subsequently receive assistance from one or more Departmental agencies. 2. After the Department has entered into a memorandum of understanding with a district, any Departmental agency which is in a position to assist the district in the performance of its work may make that assistance available to the district pursuant to a supplemental memorandum of understanding, or there appropriate arrangement, with that district, which will set forth the assistance to be made available. Forms of such supplemental memoranda or other arrangements shall be cleared with the Office of Land Use Coordination and the Office of the Solicitor before being used in the field. 3. The basic memorandum with each district will be signed on behalf of the Department by the Secretary of Agriculture or his designee. Each agency of the Department may determine for itself whether the supplemental memoranda or other arrangement to be entered into by that agency with any district shall be signed for the agency by its field officers or by the head of the agency in Washington. 4. The Soil Conservation Service is issuing, and will continue to issue, periodically, a statement summarizing the available information with reference to the number, location, and stage of organization of soil conservation districts throughout the country. The Service will supply copies of this statement to the Washington, regional, and State offices of the Agriculture Adjustment Administration, the Forest Service, the Farm Security Administration, the Bureau of Agricultural Economics, the Director of Extension Work, the Office of Land Use Coordination, and to any other agency of the Department that will indicate a desire to receive this information by written request to the Service. 5. The respective State Soil Conservation Committees are required by law to publish in certain newspapers notice of public hearings to be held on the organization of proposed districts. Interested Departmental agencies should instruct their field offices to watch for such notices. In addition, however, the State Coordinator of the Soil Conservation Service will notify the field office of any Departmental agency that has asked for such notification of the dates and places of such hearings. 6. The Soil Conservation Service will be responsible for keeping the State Soil Conservation Committee, officers of the State College of Agriculture, especially the State Director of Agriculture Extension Work, and other interested State agencies and personnel, informed concerning Departmental cooperation with districts in the particular State. 7. Where two or more agencies of the Department are cooperating with a particular district, or are proposing to enter into such cooperation, it will be the joint responsibility of the officers of these agencies in the field to discuss with each other the assistance they propose to render to the district and to provide for suitable coordination of their activities. Because of the close relationship of the Soil Conservation Service to the work of the districts, and of the SCS State Coordinator to the State Soil Conservation Committee, and because the Soil Conservation Service will be assisting most if not all the districts, the State Coordinator of the Soil Conservation Service will be responsible for arranging discussions, whenever necessary, between agency representatives concerning Departmental cooperation with a district. 8-A. The Department will enter into a memorandum of understanding with a district only after the governing body of the district has developed a district program outlining, in general, the erosion control and soil conservation problems within the district and its long-time land-use objectives. This program will be a separate document, prepared by the district, with such assistance from community and county land- use planning committees and Departmental or other agencies as the district may request and receive. The program, when it has been completed to the satisfaction of the district governing body, will be the program of the district. The Department will assume no responsibility for the soundness of the program and will neither approve nor disapprove it. Each agency will be free, upon examining the program, to determine the degree to which it will assist the district toward carrying out that program. It will therefore not be necessary to obtain Departmental clearance of the district program either before or after the basic memorandum of understanding is signed. 8-B. It should be noted that in the basic memorandum the district will agree to formulate a district work plan, which will indicate how the district will carry on its activities to achieve erosion control and soil conservation. The work plan, like the program, will be the work plan of the district and will be neither approved nor disapproved by the Department or any of its agencies. The provisions of paragraph 8-A of this Statement, relating to the district program (with the exception of the provision as to time of preparation), shall be considered equally applicable to the district work plan. It is possible that a particular program or work plan my provide for activities in which the Department is not authorized to render assistance, or may be inadequate to enable a particular Departmental agency to cooperate with the district. In such cases any agency may consult with the district concerning appropriate modifications in the program and work plan. 9. When the governing body of a district has signed a basic memorandum of understanding, the State Coordinator will forward the original and two signed copies, together with at least one copy of the district program, through appropriate agency channels to the Land Use Coordinator who will obtain signature on behalf of the Department. The docket shall, in each case, show that one or more agencies of the Department are prepared to sign a supplemental memorandum or to enter into other appropriate arrangements, with the district. When the basis memorandum has been signed, the Land Use Coordinator will return one fully executed copy to the Soil Conservation Service for delivery to the governing body of the district, and will notify the Washington Office of the Agricultural Adjustment Administration, the Forest Service, the Farm Security Administration, the Bureau of Agricultural Economics, the Director of Extension Work, and such other agencies of the Department as have indicated to him a desire to be so notified. This notification will include a general description of the location and boundaries of the district involved. It will not be necessary to secure Departmental clearance of basic memoranda of understanding since they will not commit any agencies to furnish assistance to the districts and since the Department will neither approve nor disapprove a district program. 10. Any agency of the Department may, upon request, assist any district in formulating its program and (consistent with arrangements between the Department or its agencies and State agencies) in educational work without entering into a supplemental memorandum of understanding or other written arrangement with the district, and regardless of whether the Department has signed a memorandum of understanding with such district. Before any agency of the Department shall furnish to a district other types of assistance the agency must be in a position to enter into a supplemental memorandum of understanding or other arrangement. 11. Each agency of the Department that enters into a supplemental memorandum of understanding or other written arrangement with any district shall furnish one copy thereof to the Land Use Coordinator, through regular agency channels, and one copy to the Regional Conservator or State Coordinator of the Soil Conservation Service. (The copy to be furnished the Soil Conservation Service will enable that agency to prepare from time to time informational summaries on the status of Departmental cooperation with districts.) Because the forms will have been cleared prior to use, and since they will bind only the agency furnishing assistance pursuant thereto, Departmental concurrence in supplemental memoranda of understanding, or other written arrangements will not be required. 12. All memoranda of understanding and supplemental memoranda of understanding that have heretofore been entered into with districts may be continued in force until their expiration date, but when they are to be renewed or modified new forms shall be used in accordance with this Statement of Procedure. Claude R. Wickard Secretary of Agriculture Date: September 21, 1940 1561.61a - Memorandum of Understanding (Department and Soil Conservation District. The following is the standard form of a memorandum of understanding between the Soil Conservation District and the Department. MEMORANDUM OF UNDERSTANDING Between the SOIL CONSERVATION DISTRICT and the UNITED STATES DEPARTMENT OF AGRICULTURE Statement of Purpose The Soil Conservation District has been organized pursuant to the Soil conservation Districts Law of , as a governmental subdivision of the State, to exercise public powers in connection with soil conservation and erosion control within its boundaries, as evidenced by its certificate of due organization, a copy of which is attached. Since its organization, the District has adopted a program outlining in general its long-time objectives, a copy of which is also attached. The District has, or may in the future have, under its control funds, services, and facilities, contributed from Federal, State, local, and private sources for use in carrying on its work. The Secretary of Agriculture is authorized, under the terms of various statutes administered by the United States Department of Agriculture, to cooperate with and assist soil conservation districts in achieving erosion control and soil conservation. Such cooperation can be mutually helpful to the district and the Department in achieving their objectives. In view of these considerations, the District and the Department desire to establish an enduring basis for such cooperation and assistance, and therefore hereby enter into this Memorandum of Understanding. A. WHAT THE DEPARTMENT WILL DO The Department of Agriculture, through its various agencies, will, consistent with statutory authority and available resources, and in accordance with Departmental regulations, cooperate with and assist the District in carrying on erosion control and soil conservation work. Such assistance will be made available in accordance with Supplements to this Memorandum of Understanding, or other appropriate arrangements, to be entered into between the District and each agency of the Department cooperating with the District. B. WHAT THE DISTRICT WILL DO 1. The District will prepare and adopt a work plan, which it will keep current, as a guide to show how it will carry on its activities in the interest of erosion control and soil conservation within the District. 2. Where the aid to be furnished by the District to owners and operators of land in carrying out conservation plans involves assistance from an agency of the Department, the District will enter into agreements with those owners and operators, fixing the responsibilities of the parties in carrying out those plans. the forms of such agreements are to be acceptable to the Departmental agency involved. 3. The District will be responsible for determining the kind and amount of erosion control and soil conservation work to be performed by it on individual farms and ranches, and for seeing that the provisions of agreements it enters into with owners and operators of land are carried out. 4. The District will provide such funds, personal services, and facilities as it is able to obtain for carrying on its work. 5. Within thirty (30) days after December 31 of each year, the District will submit to the Department of Agriculture, through the State Conservationist of the Soil Conservation Service, a report on the District's activities and accomplishments for the year ending December 31. The District will keep its records in such a way that the agencies of the Department cooperating with the District may obtain adequate information as to the District activities more frequently than once a year by examining these records. 6. The District will inform all cooperating agencies of any substantial changes in its program and its work plan, in order to avoid possible conflicts in carrying out it work. C. IT IS FURTHER UNDERSTOOD 1. Assistance supplied to the District will be furnished in accordance with the Departmental regulation making the types of assistance to be furnished in any State depend on the adequacy of the State Soil Conservation Districts Law in authorizing the Districts to carry out a well-rounded soil conservation program. 2. Any assistance in carrying on educational work made available to the District by Departmental agencies will be furnished in accordance with existing or future agreements between the Department or its agencies and State agencies. 3. This Memorandum shall not be construed to affect the jurisdiction of the Federal Government, or any agencies thereof, over Federally-owned land which may lie within the boundaries of the District. 4. Neither the Department of Agriculture nor the District is bound by any obligation in this Memorandum or any Supplement thereto which will involve the expenditure of funds in excess of the amounts made available to it, or for a period in excess of that authorized by law. 5. All matters that may require administrative action or approval by any agency of the Department will be handled through the established administrative procedures of that agency and of the Department. 6. This Memorandum shall be effective when signed by both parties. It may be terminated or modified at any time by agreement of the parties, and may be terminated by either party alone by giving sixty (60) days' notice in writing to the other. SOIL CONSERVATION DISTRICT By Chairman, District Governing Body Date 19 The signing of this Memorandum of Understanding was authorized by a resolution of the District Governing Body adopted at a meeting held on 19 . Secretary, District Governing Body Date 19 Secretary of Agriculture United States Department of Agriculture Date 19 1561.62 - Forest Service Policy and Procedure. The Forest Service will cooperate with and provide general assistance to soil conservation districts in reaching their objectives. Adherence to this policy should enable the Forest Service more quickly to reach Service objectives of desirable watershed management on national-forest lands which are included in the districts. Forest supervisors and unit managers should acquire a reasonable knowledge of soil conservation district problems, objectives, and programs. This is particularly desirable with respect to those phases of district programs on non-Federal lands which are related to administration and management of the national forests. In accordance with the principles established by the Secretary of Agriculture, careful consideration of the policies and programs between all agencies of the Department cooperating with soil conservation districts is necessary at all levels of administration. Assistance to soil conservation districts by the agencies of the Department of Agriculture will be based upon a memorandum of understanding executed by the Secretary of Agriculture and the district. Cooperation between districts and the Forest Service will be in accordance with this memorandum of understanding and will be described and agreed to in a supplemental memorandum of understanding entered into by the Forest supervisor and the board of supervisors of the district concerned. Exception to this requirement is permissible with respect to short-term and specific items of assistance such as the use of equipment.In such cases, other less formal written agreements may be utilized. The forest supervisor will generally be responsible for negotiations with the governing bodies of soil conservation districts and in formulating supplemental memorandums of understanding and related work plans. Whenever the Forest Service enters into a supplemental memorandum of understanding, 1 copy thereof shall be furnished to the State conservationist of the Soil Conservation Service, 1 copy to the regional office, and 1 copy to the Division of Watershed Management in the Washington office. For lands under his jurisdiction, the forest supervisor will maintain a cumulative list of supplemental memorandums of understanding and also less formal written agreements with soil conservation districts and the regional forester will maintain a similar list for the region. Lists will also be maintained of all soil conservation districts not under any type of agreement but which include national forests or land utilization project areas. The following is standard form of supplemental memorandum of understanding between a soil conservation district and the Forest Service. Items which do not apply to specific programs should be deleted. Additions should not be made without the Chief's approval. SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING Between the SOIL CONSERVATION DISTRICT STATE OF and the UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE Statement of Purpose On the day of 19 , the Soil Conservation District, State of , and the United States Department of Agriculture entered into a memorandum of understanding for the purpose of establishing a basis for agencies of the Department to cooperate with and assist the District in carrying out erosion control and soil conservation. Under the provisions of the Flood Control Act of 1936 (49 Stat. 1570), the Watershed Protection and Flood Prevention Act of 1954 (68 Stat. 666) and other acts of Congress, the Forest Service of the U.S. Department of Agriculture is authorized to cooperate with and furnish assistance to public agencies, such as the District, for development, maintenance, and proper utilization of Forests, farm woodlands, and certain rangelands. The governing body of the District has adopted a work plan, which it will keep current as a general guide, a copy of which is attached, showing in general how the District will carry out its activities in the interest of the conservation of soil and soil resources and the prevention and control of soil erosion. The Forest Service is in a position to assist the District in achieving the objectives set forth in its plans for forestry and rangework on private lands with in the National Forests and rangelands adjacent to the National Forests which are administered in conjunction with National Forest Lands under formal agreement with the owner or lessee. Therefore, the District and the Forest Service, USDA, hereby enter into this supplemental memorandum of understanding: A. The U.S. Forest Service will: 1. Furnish technical assistance to the District Governing Body and to District cooperators. In furnishing this assistance the Forest Service will: a. In accordance with existing agreements with the State Forester and other State and public agencies, assist the District in the preparation of fire control plans and the training of fire control organizations; assist the District in protecting the watershed area within the District from damage, including close cooperation in the use of personnel and equipment in fire suppression, and closely cooperate in educational work pertaining to the use of fire in land clearing. b. Cooperate with the District in programs to revegetate denuded and partly denuded privately owned lands and National Forest Lands for the purpose of watershed protection. Work closely with the District to attain objectives in securing protection and, in some cases, rehabilitation of privately owned but highly valuable mountain watershed lands that have a direct bearing upon the economic life of communities. c. Give technical assistance in the preparation of range management plans for private rangelands within the National Forests and rangelands adjacent to the National Forests which are administered in conjunction with National Forest Land under formal agreement with the owner or lessee. d. In accordance with existing agreements with the State Forester and other State and public agencies, assist in making surveys for developing forest management plans for private lands to the extent personnel are available. e. Give technical guidance in connection with the establishment and operation of forestry demonstration areas. f. Cooperate with the District and responsible local, State, and Federal agencies in wildlife surveys and plans. g. Consult with the District in connection with changes or improvements in the forestry and range phases of the District program and work plan. h. Furnish representatives to serve on advisory committees established by the District. i. Assist the District in keeping records and preparing reports for those forestry and range programs of the District for which the Forest Service gives technical assistance. 2. When available, furnish such equipment, materials, and labor as the Forest Service determines are needed in rendering assistance to the District. 3. Cooperate with the District in the coordination of the national forest program with the District program, on the following measures as may be mutually agreed upon: watershed protection, fire control, forest management, erosion control, flood prevention, and such other conservation measures common to the interests of the U.S. Forest Service and the District. 4. Upon requests for specific assistance, furnish, on or about July 1 and January 1 of each fiscal year, and estimate of the amount of assistance that is available and can be provided the District for the ensuing 6-month period. Within a reasonable time after this supplemental memorandum of understanding becomes effective, a similar estimate will be furnished for the period between the effective date hereof and the submission of the first 6 months' estimate. B. The District Will: 1. Determine priorities for the selection of work areas on private land under cooperative agreement with the District. 2. In a further effort to coordinate programs and policies,submit plans or programs involving work on national- forest lands, for the review and approval of the forest supervisor concerned before such plans are given District approval. 3. Enter into cooperative agreements with owners and operators of land, based on plans for the development, maintenance, protection, and utilization of forested lands and other lands on which the assistance of the Forest Service will be used. 4. Cooperate in educational work with agriculturists and other forest users in matters of conservation. 5. Cooperate with the Forest Service in programs of prevention and suppression of forest and range fires within the District. 6. Extend to the Forest Service an invitation to attend regular and special meetings of the District. C. It is Further Understood: 1. All employees, labor, equipment, materials, and facilities that may be made available to the District under this supplemental memorandum of understanding will be used under conditions mutually agreed upon by the District and the Forest Service. 2. Other needs being equal, the Forest Service, in extending assistance provided for in this supplemental memorandum of understanding, will give priority to lands under cooperative agreements with the District, based on complete farm conservation plans. 3. Technical assistance in meeting the forest management needs of individual cooperators will ordinarily be met by the State agency charged with the responsibility for furnishing technical forestry assistance to private forest landowners. The District is urged to enter into an agreement with the State forestry agency covering this type of work. 4. This supplemental memorandum of understanding is subject to all the regulations and policy statements of the Secretary of Agriculture now and hereafter in effect. 5. This supplemental memorandum of understanding shall be effective when signed by both parties. It may be modified at any time by the joint agreement of the parties or terminated by either party by giving sixty (60),days' notice in writing to the other party. SOIL CONSERVATION DISTRICT By Chairman, District Governing Body Date 19 The signing of this supplemental memorandum of understanding was authorized by a resolution of the District Governing Body adopted at a meeting held on 19 . Date 19 U.S. DEPARTMENT OF AGRICULTURE FOREST SERVICE By Date 19