1566.24f-1566.25 Page 1 of 26 FOREST SERVICE MANUAL WASHINGTON TITLE 1500 - EXTERNAL RELATIONS Amendment No. 1500-96-8 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 1500-96-7 to FSM 1560 Contents. This amendment supersedes Amendment 1500-90-1 to FSM 1566.24f- 1566.24h. Superseded New Document Name (Number of Pages) 1566.24f-1566.24h 19 - 1566.24f-1566.25 - 24 Digest: 1566.25 - Adds new code for Land Use Coordination. 1566.25a - Adds new code for the Eastern Lands and Resources Council and the Western States Land Commissioners Association. Exhibit 01 sets out the text of the Memorandum of Understanding between the Forest Service and these two organizations. JACK WARD THOMAS Chief FSM 1500 - EXTERNAL RELATIONS WO AMENDMENT 1500-96-8 EFFECTIVE 10/16/96 1566.24f - Federation of Fly Fishers, Inc. The Federation of Fly Fishers, Inc. is concerned about maintaining and enhancing the productivity of warm and cold water habitats on National Forest System lands in order to improve fish management and provide for the best interests of the people of the United States. Exhibit 01 contains the text of a Master Memorandum of Understanding between the Federation of Fly Fishers, Inc. and the Forest Service. Appendix 1 is a sample collection agreement to be used by the Federation and individual National Forests. 1566.24f - Exhibit 01 88-SMU-008 MASTER MEMORANDUM OF UNDERSTANDING between the FEDERATION OF FLY FISHERS, INC. and the USDA FOREST SERVICE I. AUTHORITY THIS MEMORANDUM OF UNDERSTANDING (MOU) is entered into by the FEDERATION OF FLY FISHERS, Inc. a nonprofit corporation established under the laws of the State of New York, hereinafter referred to as FFF, and the FOREST SERVICE, U.S. Department of Agriculture, hereinafter referred to as the FOREST SERVICE, under the provisions of the Multiple-Use, Sustained-Yield Act of 1960 (16 U.S.C. 528-531); the Cooperative Funds Act, (7 U.S.C. 2269) and the Volunteers in National Forests Act of 1972 (16 U.S.C. 558a-558d); and the Forest and Rangeland Renewable Resource Research Act of 1978 (16 U.S.C. 1641 et. seq.). II. PURPOSE The purpose of this MOU is to provide a framework for cooperative management activities and research between the Forest Service, FFF, FFF Regional Councils, and Member Clubs of the FFF necessary to maintain and enhance the productivity of warm and coldwater habitats on National Forest System lands in order to improve fish management and provide for the best interests of the people of the United States. 1566.24f - Exhibit 01--Continued III. INTRODUCTION Both FFF and the FOREST SERVICE have responsibilities and interests in the management of fish and their habitats. The parties agree that these habitats in the United States need to be protected, conserved, enhanced and managed to meet the growing public demand for fish conservation and fishing opportunities. The FOREST SERVICE manages about 128,000 miles of waterways and more than 2 million acres of lakes in the United States. Fish are a management indicator species in Forest plans in all Regions. National Forest System lands provide abundant opportunities for research, enhancement, and maintenance of important fish habitats. The National Forests and the Forest and Range Experiment (Research) Stations were established (among multiple purposes) to manage fish habitat based on scientific fish management principles and to investigate management-related research needs. FEDERATION OF FLY FISHERS was formed to cultivate and advance the art, science and sport of fly fishing as the most sportsman- like and enjoyable method of angling and the way of fishing most consistent with the preser- vation and use of our game fish resources; to promote conservation of recreational resources, to facilitate and improve the knowledge of fly fishing, to elevate the standard of integrity, honor and courtesy of fishermen, and to cherish the spirit of brotherhood among anglers everywhere. The FEDERATION OF FLY FISHERS has regional organizations called COUNCILS which have been established by its Member clubs for regional coordination and furtherance of the purpose of this MOU. The FEDERATION OF FLY FISHERS desires to provide support, assistance (labor) and/or funds to the FOREST SERVICE, or have assistance provided through contracts or agreements for the primary purpose of maintaining or improving the productivity of fish habitats on National Forest System lands. It is the desire of both parties to cooperate fully with each other in matters relating to the management and protection of warm and coldwater habitat through research, development, construction, reconstruction, and fish maintenance activities on National Forest System lands. NOW THEREFORE, in consideration of the above premises, the parties agree as follows: IV. FEDERATION OF FLY FISHERS/COUNCILS/MEMBER CLUBS (Appropriate Participating Units) 1. Meet with representatives of each participating FOREST SERVICE Regional Office to discuss and agree on guidelines for project proposals to meet the purposes of this agreement. 1566.24f - Exhibit 01--Continued 2. Provide volunteer assistance and/or funds for the implementation of agreed upon projects or research efforts. 3. When desirable, enter into specific collection or donation agreements, volunteer agreements, or contracts with the FOREST SERVICE, to accomplish the agreed upon work or research projects, which will be developed supplemental to this agreement. V. THE FOREST SERVICE SHALL 1. Make National Forest System lands available for the furtherance of this program, subject to applicable Federal laws, regulations, Forest plans, and State comprehensive plans for the affected area, and subject to approval by the organization head or its designated representative. 2. Provide technical leadership for the planning, implementation, and monitoring of project or research work undertaken pursuant to this agreement. 3. Assume operation and maintenance and all other management costs and responsibilities upon completion of a development project located on National Forest System lands. 4. Enter into specific agreements (including volunteer, collection, and donation agreements), or contracts with FFF/COUNCILS/Member Clubs or other parties to accomplish agreed upon work projects, which are supplemental to this agreement. Persons entering formal volunteer agreements would not be considered federal employees except for purposes of tort claims and compensation for work injuries. VI. IT IS MUTUALLY AGREED AND UNDERSTOOD BY AND BETWEEN THE SAID PARTIES THAT 1. Each project requiring a payment of funds by FFF/COUNCILS/Member Clubs for the FOREST SERVICE will be documented and signed by the responsible organizational unit line office and the FFF representative using the Sample Collection Agreement (Appendix 1) or other agreement as appropriate. 2. Each project using FFF personnel should be documented and signed by the responsible organizational unit line office and the FFF representative using a Volunteer in National Forest Agreement form, FS-1800-8. 3. All improvements placed on National Forest System land at the direction of either of the parties, shall become the property of the United States, and shall be subject to the same regulations and administration of the FOREST SERVICE as all other National Forest System improvements of a similar nature. 1566.24f - Exhibit 01--Continued 4. The Government's liability shall be governed by the provisions of the Federal Tort Claims Act (28 U.S.C. 2671-80). 5. The FFF assumes no liability for the participation of COUNCILS and Member Clubs. 6. This agreement may be revised as necessary, by mutual consent of both parties, by the issuance of a written amendment, signed and dated by both parties. 7. Either party may terminate this agreement by providing 60 days written notice. Unless terminated by written notice, this agreement will remain in force indefinitely. VII. EFFECTIVE DATE IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the last written date below. U.S. Department of Agriculture FEDERATION OF FLY FISHERS, INC. Forest Service /s/ David G. Unger By: /s/ Al Wilkie for F. Dale Robertson, Chief Al Wilkie, President Dated: August 9, 1988 Dated: August 9, 1988 Appendix I SAMPLE COLLECTION AGREEMENT between FEDERATION OF FLY FISHERS and NATIONAL FOREST, USDA FOREST SERVICE THIS COLLECTION AGREEMENT is made and entered into by and between FFF, hereinafter referred to as FFF, and the FOREST SERVICE, U.S. Department of Agriculture, hereinafter referred to as the FOREST SERVICE, under the provisions of the Act of June 30, 1914 (16 USC 498) and the Master Memorandum of Understanding dated February 26, 1987.(1) WITNESSETH; WHEREAS, the maintenance and improvement of fish habitat on the National Forest is of interest to both parties herein and WHEREAS, FFF desires to contribute monies to the FOREST SERVICE program for the purpose of maintaining or improving fish habitat on the National Forest, and WHEREAS, it is mutually advantageous to the parties herein that the work required for the development and undertaking of said project shall be performed by or under the supervision of the FOREST SERVICE. NOW, THEREFORE, in consideration of the above premises, the parties hereto agree as follows: A. FEDERATION OF FLY FISHERS SHALL: 1. Serve as a facilitator for contributions in the form of cash to assist in financing fish habitat projects on the National Forest. 2. Forward or cause to be forwarded to the FOREST SERVICE such cash contributions as FFF may make available, which are intended for use in fish habitat improvement projects (e.g., stream bank stabilization, spawning habitat improvement, etc.). B. The FOREST SERVICE Shall: 1. Bill FFF in advance of any work under this agreement; an initial sum of $ , with other billings at such times as may be necessary to cover the cost of work under this agreement. Appendix I--Continued 2. Deposit all cash contributions received under the terms of this agreement to the FOREST SERVICE Cooperative Work(2) for use for the purpose for which contributed, if under authority other than the Act of June 30, 1914. 3. Monies authorized for use by FFF, which are not spent or obligated for fish habitat improvement within 2 years, will be refunded to FFF or transferred to new projects as agreed with FFF. 4. Recognize FFF as a contributor by appropriate means. C. It Is Mutually Agreed and Understood By and Between the Said Parties That: 1. This agreement in no way restricts the FOREST SERVICE from participating with other public and private agencies, organizations, and individuals or from accepting contributions and gifts for the development, administration, and undertaking of fish habitat enhancement programs. 2. This agreement shall be effective upon execution by both parties hereto. 3. Either party may terminate the agreement by providing 60 days' written notice. Any funds on deposit will be available for expense incident to closing out the work beyond the period of written notice. Unless terminated by written notice, this agreement will remain in force indefinitely. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the last date written below. ----------------------------------------------------------------- --------------------------------------- (1) This agreement does not cover donations, research, or other types of agreements that may be applicable in some situations (see FSM 1580 and FSH 1509.11). (2) Forest Service Gifts, Donations, and Bequests for Forest and Rangeland Renewable Resources Research, or Gifts and Donations, USDA. Date Federation of Fly Fishers Date Forest Supervisor National Forest 1566.24g - Wildlife Management Institute. The Wildlife Management Institute is a non-profit organization chartered to promote the conserva- tion and best use of natural resources for the welfare of the Nation. Exhibits 01 and 02 contain the text of a Participating Agreement and an Addendum thereto between the Wildlife Management Institute and the Forest Service. 1566.24g - Exhibit 01 89- PA-023 Participating Agreement between Wildlife Management Institute and Forest Service, USDA Participants/Contacts: Wildlife Management Institute 1101 14th Street, N.W., Suite 725 Washington, D.C. 20005 Contact: Laurence R. Jahn USDA Forest Service Wildlife and Fisheries P.O. Box 96090 Washington, D.C. 20090-6090 Contact: Robert D. Nelson This participating agreement is made and entered into by and between the Wildlife Management Institute and the USDA Forest Service under the provisions of the Cooperative Act of 1975, Public Law 94-148 (16 U.S.C. 565a-1, -2, and -3), providing the authority for the Forest Service to enter into agreements for developing, publishing, and disseminating conservation education material. The Wildlife Management Institute is a national, non-profit organization chartered to promote the conservation and best use of natural resources for the welfare of the nation. The Forest Service is a land management organization dedicated to wise management of the Nation's natural resources through the involvement of concerned conservation groups. It is mutually beneficial to these two organizations to improve wildlife and fisheries program management and administration and to advance public understanding of such programs. To further these objectives, the Wildlife Management Institute and the Forest Service entered into a cooperative agreement on December 13, 1977, to evaluate Forest Service wildlife and fisheries programs and recommend program 1566.24g - Exhibit 01--Continued improvements. The January 1979 report resulting from that agreement led to substantial modifications to Forest Service wildlife and fisheries programs. Whereas, it is mutually beneficial to review progress made since the January 1979 report and to evaluate the current program in light of current issues and demands, these two organizations agree to (1) review Forest Service responses to recommendations in the 1979 report and identify accomplishments, (2) analyze current Forest Service management of wildlife and fisheries programs, and (3) provide written recommendations to improve, where necessary, management of the wildlife and fisheries programs. It is in the mutual interest of the Wildlife Management Institute and the Forest Service to enhance the ability of National Forest System personnel to manage habitat and to undertake and encourage activities that promote the values of fish and wildlife as major resources of the National Forest System. The Forest Service will benefit by obtaining an objective perspective of its wildlife and fisheries program management. The Wildlife Management Institute will benefit through an improved understanding of Forest Service programs, from the opportunity to strengthen cooperation among conservation organizations and the Forest Service, and from improved hunting, fishing and nongame uses of the National Forests. Now, therefore, in consideration of the above premises, the parties hereto agree as follows: A. The Wildlife Management Institute agrees to: 1. Provide salaried personnel at a cost of up to $100,000 as its contribution to the completion of work under this agreement. 2. Review Forest Service wildlife and fisheries program management and make brief findings on the extent to which each of the recommendations in the 1979 report have been implemented. 3. Utilize the Analysis Guidelines in the Addendum to this Agreement, which is made a part hereof, to analyze Forest Service wildlife and fisheries programs, especially in light of current issues and demands for use of wildlife and fisheries resources. The following Forest Service administrative units shall be included in the review: Washington Office Regions: 2 (Rocky Mountain), 4 (Intermountain), 6 (Pacific Northwest), 8 (Southern), and 9 (Eastern) 1566.24g - Exhibit 01--Continued National Forests: Carson (New Mexico), Flathead (Montana), Mark Twain (Missouri), Nez Perce (Idaho), Sequoia (California), Six Rivers (California), the Texas National Forests, and White River (Colorado) Forest and Range Experiment Stations: Rocky Mountain (Colorado), Southeastern Research Work Unit 4201 (South Carolina), and Pacific Northwest Research Work Unit 4202 (Oregon). 4. Orally present draft findings and recommendations to Forest Service staff in November 1989. 5. Provide the Forest Service with 1500 copies of the final written report of its findings and recommendations no later than December 31, 1989. 6. Submit Standard Form 270, Request for Advancement on Reimburse- ment, for reimbursement by the Forest Service for all non- salary costs of the project, including but not limited to travel, supplies, and printing and duplicating costs. B. The Forest Service agrees to: 1. Provide needed assistance to the Wildlife Management Institute at all levels of the Forest Service organization and provide access to National Forests and Regional administrative units that will participate as study areas. 2. Reimburse the Wildlife Management Institute, when billed, for all itemized, non-salary expenses applicable to the work under this Agreement. The total of such reimbursements shall not exceed $98,000. The Forest Service in FY 1989 (before September 30, 1989) shall provide up to $50,000 to the Wildlife Management Institute for travel, supplies, printing and duplicating costs, and other such expenses related to the completion of work under the terms of this agreement. Work will be charged to Management Code 2209. In FY 1990, the Forest Service will provide up to $48,000 to the Wildlife Management Institute as the balance of the $98,000 total contribution to the project. Work will be charged to Management Code 2209. The government's obligation under this contract for FY 1990 is contingent upon the availability of appropriated funds from which payment for agreed upon purposes can be made. C. It is mutually agreed and understood by the parties that: 1. The budget for the project consists of up to $100,000 in salary and overhead costs contributed by WMI; plus up to $98,000 contributed by the Forest Service 1566.24g - Exhibit 01--Continued as reimbursement of WMI for travel, supplies, and other such expenses; for a total budget of $198,000. 2. The Forest Service and the Wildlife Management Institute will work cooperatively to develop specific tasks and schedules to complete the work described herein. 3. The status review, program analysis, and report production will begin as of the date of execution of this agreement, with completion scheduled for no later than December 31, 1989. 4. Requests for information, supplies, equipment, or facilities will be directed to the Wildlife and Fisheries Staff, P.O. Box 96090 605-RPE, Washington, D.C. 20090-6090, Robert Nelson, Director. 5. The Forest Service or the Comptroller General, through any authorized representative, may have access to and the right to examine all records, books, papers, or documents pertaining to the work performed under this agreement. 6. Administrative Offset and Credit Reporting Pursuant to 31 U.S.C. 3716 and 7 CFR Part 3, Subpart B, states: "Any monies that are payable or may become payable from the United States under this agreement, to any person or legal entity not an agency or subdivision of a State or local government, may be subject to administrative offset for the collection of a delinquent debt the person or legal entity owed to the United States. Information on the person's or legal entity's responsibility for a commercial debt or delinquent consumer debt owed the United States shall be disclosed to consumer or commercial credit reporting agencies." 7. No member of, or Delegate to, Congress or Resident Commissioner shall be admitted to any share or part of this agreement, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit. 8. Nothing herein shall be considered as obligating the Forest Service to expend or as involving the United States in any contract or other obligations for the future payment of money in excess of appropriations authorized by law and administratively allocated for this work. 9. The extension of benefits under the provisions of this agreement shall be without discrimination as to race, color, creed, sex, or national origin. 10. This agreement shall be effective upon execution by both parties hereto. 1566.24g - Exhibit 01--Continued 11. Either party may terminate or amend this agreement by providing 60 days written notice, provided that any funds on deposit will be available for expenses incident to closing out the work beyond the period of written notice. Unless terminated or amended by written notice, this agreement will remain in force through December 31, 1989. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the last date written below. March 29, 1989 /s/ Laurence R. Jahn Date Wildlife Management Institute Washington, D.C. March 29, 1989 /s/ James C. Overbay Date Forest Service, USDA Washington, D.C. 1566.24g - Exhibit 02 FOREST SERVICE/WILDLIFE MANAGEMENT INSTITUTE PARTICIPATING AGREEMENT 89-PA-023-1 ADDENDUM ANALYSIS GUIDELINES The following guidelines provide general direction for the review and analysis of Forest Service wildlife and fisheries programs. A. POLICIES AND PLANS 1. Do policies and forest management plans reflect a balance among fish, wildlife, and TE&S species and are they responsive to current issues and trends in resource values and use demands, including state comprehensive plans for fish and wildlife resources? 2. Are the policies, objectives, and Forest Service Manual direction for the planning and management of wildlife and fish habitats and TE&S plants clear and consistently understood throughout Regional, Forest and District levels? Are the cumulative effects of management considered, especially on fisheries management within watersheds? 3. Have recovery tasks for T&E species and habitat requirements for viable populations of sensitive species been established in appropriate Regional Guides and forest management plans? 4. Do habitat planning and evaluation methods and models provide reasonable and credible estimates of predicted effects (positive, neutral, or negative) of management direction (e.g., directives, objectives, activities) on wildlife, fish, habitat, and TE&S species? 5. Are there recurring issues in plan appeals that identify common policy problems throughout the National Forest System? If so, what reasons can be identified that give rise to such issues? 6. Have appeal decisions been implemented consistently and progress reported back through higher levels of management? 7. Was negotiation successful in attempting to resolve issues and avoid appeals? What has been the continuing relationship with appellants following a final decision? B. WILDLIFE AND FISHERIES PROGRAMS 1566.24g - Exhibit 02--Continued 1. What are the demands for wildlife and fish on the National Forests compared with private ownerships? 2. What are the trends in wildlife uses (big game, nongame, fish, etc.) of private lands adjacent to the National Forests? 3. What opportunities exist for increased wildlife and fish recreation (e.g., nonconsumptive, consumptive, shooting ranges, Eyes on Wildlife projects, etc.) in the regions? 4. Are there clear strategies for meeting nonconsumptive use demands for wildlife and fish? 5. What efforts are being made to prioritize wildlife and fisheries projects and to monitor and evaluate their benefits? 4. What has been the effect of wildlife and fisheries program initiatives (e.g., Rise To The Future, Eyes On Wildlife, etc.) on Region, Forest, and District priorities, on Forest service partnerships, and on routine workloads of wildlife and fisheries staff? 5. How effectively are Forest Service wildlife and fisheries program goals, achievements, and information communicated among all levels and programs within the Forest Service and to external agencies and interest groups? 6. How responsive are Forest Service research efforts in meeting National Forest System technology needs? C. INTEGRATION 1. What has been the effect of Forest Service partnership Memoranda of Understanding with interest groups on Regional, Forest, and District resource management? 2. Are Forest Service wildlife, fisheries, and recreation objectives adequately coordinated at all levels, including planning, project implementation, data collection, and program promotion? 3. Have wildlife, fisheries, and recreation values and demands been integrated effectively into all forest management plans and activities. If so, give examples of successes. 4. What progress is being made toward the development of an interagency database? 1566.24g - Exhibit 02--Continued 5. How does the National Forest System meet its needs for new technologies in fisheries and wildlife management? What proportion of this need is met through the Forest Service Research program? 6. What opportunities exist for training Forest Service program staffs, through cooperative efforts, on standards and rationale for wildlife and fisheries management? D. ORGANIZATION 1. Are the staffing and resources for wildlife and fisheries programs consistent among Regions, Forests, and Districts? 2. Are the levels of wildlife and fisheries staff and resources consistent with the goals and objectives contained in the National Forest management plans? 3. What emphasis and resources are given to training of wildlife and fisheries staffs? How are training priorities established? What opportunities exist for use of Intergovernmental Personnel Act agreements to provide additional training and program improvements? E. STATE COOPERATION 1. How effectively are Forest Service management and research plans and priorities coordinated with state fish and wildlife agencies? Do state resource plans contain sufficient data and information to be incorporated readily into Forest Service plans and projects? 2. What is the effect of personnel turnover on the continuity and success of programs between the Forest Service and state fish and wildlife agencies? 3. What opportunities exist for joint training of Forest Service and state wildlife and fisheries staffs? F. BUDGET 1. Are wildlife and fisheries funds being spent as allocated? If not, why? 2. What are the effects of using the "bucket of money" budgeting concept on Forest Service wildlife and fisheries programs? 3. Do wildlife and fisheries program budgets reflect a balance among all resources given attention in National Forest management plans? 1566.24g - Exhibit 02--Continued 4. Do Forest Service Research program budgets reflect the magnitude of technology needed for implementation of the National Forest management plans? 1566.24h - The Mule Deer Foundation. The Mule Deer Foundation is a non-profit corporation, interested in the conservation and management of mule deer habitat in the United States. Exhibit 01 contains the text of a Master Memorandum of Understanding between the Mule Deer Foundation and the Forest Service. Exhibit 02 is a sample collection agreement to be used by the Foundation and individual National Forests. 1566.24h - Exhibit 01 89- SMU-002 MASTER MEMORANDUM OF UNDERSTANDING Between the THE MULE DEER FOUNDATION and the USDA-FOREST SERVICE I. AUTHORITY THIS MEMORANDUM OF UNDERSTANDING (MOU) is made and entered into by and between the MULE DEER FOUNDATION, a nonprofit corporation, hereinafter referred to as the FOUNDATION, and the FOREST SERVICE, U.S. Department of Agriculture, hereinafter referred to as the FOREST SERVICE, under the provisions of the Multiple-Use, Sustained-Yield Act of 1960 (16 U.S.C. 528-531); the Cooperative Funds Act of June 30, 1914 (16 U.S.C 498); the USDA Acceptance of Gifts Act, (7 U.S.C.2269); the Volunteers in National Forests Act of 1972 (16 U.S.C. 558a-558d); and the Forest and Rangeland Renewable Resource Research Act of 1978 (16 U.S.C 1641 et. seq.). II. PURPOSE The purpose of this MOU is to provide a framework for cooperative research and management activities necessary to maintain and enhance the productivity of mule deer and sub-species habitats on National Forest System lands in order to improve management for Mule Deer and its Sub-Species (Sub-Species hereafter included with "Mule Deer"), and associated wildlife for the best interests of the people of the United States. III. INTRODUCTION Both the FOUNDATION and the FOREST SERVICE have responsibilities and interests in the management of mule deer habitat. The parties agree that these habitats in the United States need to be conserved and managed to meet the growing public demand for deer hunting opportunities. The FOREST SERVICE manages habitats for deer and associated wildlife on National Forest System lands throughout the conterminous United States. Mule deer are a wildlife management indicator species in Forest plans in several Regions. 1566.24h - Exhibit 01--Continued National Forest System lands provide abundant opportunities for research, enhancement, and maintenance of important Mule Deer habitats. The National Forest and the Forest and Range Experiment Stations were established (among multiple purposes) to manage wildlife habitat based on scientific wildlife management principles and to investigate management-related research needs. The FOUNDATION is dedicated to improving the environment for mule deer, and other forest wildlife, on both public and private lands, for the use and enjoyment of the American people. It conducts fund-raising projects and otherwise solicits and receives donations and funds for the accomplishment of its purposes. The FOUNDATION desires to contribute funds to the FOREST SERVICE, or provide assistance (labor), or have assistance provided through contracts or agreements for the primary purpose of maintaining or improving the productivity of mule deer habitat or conducting research on National Forest System lands. It is the desire of both parties to cooperate fully with each other in matters relating to the management and improvement of mule deer habitat through research, development, construction, reconstruction, and maintenance activities on National Forest System lands. NOW THEREFORE, in consideration of the above premises, the parties agree as follows: IV. THE FOUNDATION SHALL 1. Meet annually with representatives of each participating FOREST SERVICE Regional Office and Research Station to discuss and agree on guidelines for project proposals to meet the purpose of this agreement. 2. Provide funds for the implementation of agreed upon projects or research efforts, which have been approved by the FOUNDATION. 3. Enter into specific collection or donation agreements, volunteer agreements, or contracts with the FOREST SERVICE, to accomplish the agreed upon work or research projects, which will be developed supplemental to this agreement. V. THE FOREST SERVICE SHALL 1. Make National Forest System lands available for the furtherance of this program, subject to applicable Federal laws, regulations, Forest Plans, and State comprehensive plans for the affected area, and subject to approval by the organization head or its designated representative. 1566.24h - Exhibit 01--Continued 2. Provide leadership for the planning, implementation, and monitoring of project or research work undertaken pursuant to this agreement and supplemental to this agreement. 3. Conduct an annual meeting with representatives of each participating Research Station and Regional Office, including Forest Supervisors, and representatives of the "FOUNDATION" and State Fish and Wildlife agencies to discuss and reach agreement on project proposals to meet the purposes of this agreement. 4. Provide the FOUNDATION with an annual Regional and Research Station summary report of project accomplishments with funds deposited under collection agreements executed supplemental to this agreement. 5. Assume operation and maintenance and other management costs and responsibilities upon completion of a development project located on National Forest System lands. 6. Enter into specific agreements (including volunteer, collections, and donation agreements), or contracts with the FOUNDATION or other parties to accomplish agreed upon work projects, which are supplemental to this agreement. VI. IT IS MUTUALLY AGREED AND UNDERSTOOD BY AND BETWEEN THE SAID PARTIES THAT: 1. Each project requiring a payment of funds by the FOUNDATION for the FOREST SERVICE will be documented and signed by the responsible organizational unit Line Officer and the FOUNDATION representative using the Sample Collection Agreement (Exhibit 2) or other agreement as appropriate. 2. Each project requiring the use of FOUNDATION personnel will be documented and signed by the responsible organizational unit Line Officer and the FOUNDATION representative using a Volunteer in National Forest Agreement, Form FS-1800-7, Agreement for Individual Voluntary Services, or FS-1800-8, Agreement for Sponsored Voluntary Services (FSM 1833). 3. All improvements placed on National Forest System land at the direction of either of the parties shall thereupon become the property of the United States, and shall be subject to the same regulations and administration of the FOREST SERVICE as all other National Forest System improvements of a similar nature. 4. This agreement in no way restricts the FOREST SERVICE from participating with other public and private agencies, organizations, and individuals or from accepting contributions and gifts for the improvement, development, administration, operation, and maintenance of mule deer habitats. 1566.24h - Exhibit 01--Continued 5. Nothing in this agreement shall be construed as obligating the FOREST SERVICE to expend, or as involving the United States in any obligation for future payment of money in excess of appropriations authorized by law and administratively allocated for these purposes. 6. The Government's liability shall be governed by the provisions of the Federal Tort Claims Act (28 U.S.C. 2671-80). 7. No member of, or Delegate to, Congress or Resident Commissioner shall be admitted to any share or part of this agreement, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit. 8. This agreement may be revised as necessary, by mutual consent of both parties, by issuance of a written amendment, signed and dated by both parties. 9. Either party may terminate this agreement by providing 60 days written notice. Unless terminated by written notice, this agreement will remain in force indefinitely. VII. EFFECTIVE DATE IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the last written date below. U.S. Department of Agriculture- THE MULE DEER FOUNDATION Forest Service /s/ ROBERT D. NELSON (FOR) /s/ EMMETT BURROUGHS Chief Executive Director 3/25/89 3/25/89 Date Date 1566.24h - Exhibit 02 SAMPLE COLLECTION AGREEMENT between THE MULE DEER FOUNDATION and NATIONAL FOREST, USDA-FOREST SERVICE THIS COLLECTION AGREEMENT is made and entered into by and between the The Mule Deer Foundation, hereinafter referred to as the FOUNDATION and the Forest Service, U.S. Department of Agriculture, hereinafter referred to as the FOREST SERVICE, under the provisions of the Act of June 30, 1914 (16 USC 498) and the Master Memorandum of Understanding dated June 27, 1987.1/ WITNESSETH: WHEREAS, the maintenance and improvement of habitat for mule deer and it's sub-species on the National Forest is of interest to both parties herein; and WHEREAS, the FOUNDATION desires to contribute monies to the FOREST SERVICE program for the purpose of maintaining or improving Mule Deer & Sub-Species on the National Forest, and WHEREAS, it is mutually advantageous to the parties herein that the work required for the development and undertaking of said project shall be performed by or under the supervision of the FOREST SERVICE. NOW, THEREFORE, in consideration of the above premises, the parties hereto agree as follows: A. The FOUNDATION Shall: 1. Serve as a facilitator for contributions in the form of cash to assist in financing Mule Deer habitat projects on the National Forest. 2. Forward or cause to be forwarded to the FOREST SERVICE such cash contributions as the FOUNDATION may make available, which are intended for use in habitat improvement projects. B. The FOREST SERVICE Shall: 1. Bill the FOUNDATION in advance of any work under this agreement; an initial sum of $ , with other billings at such times and mutually agreed to as may be necessary to cover the cost of work under this agreement. 1566.24h - Exhibit 02--Continued 2. Deposit all cash contributions received under the terms of this agreement to the Forest Service Cooperative Work 2/ for use for the purpose for which contributed. 3. Monies authorized for use by the FOUNDATION, which are not spent or obligated for projects within 2 years, will be refunded to the FOUNDATION or transferred to new projects as agreed with the FOUNDATION. 4. Recognize the FOUNDATION as a contributor by appropriate means. C. It is Mutually Agreed and Understood By and Between the Said Parties That: 1. This agreement in no way restricts the FOREST SERVICE from participating with other public agencies, organizations, and individuals or from accepting contributions and gifts for the development, administration, and undertaking of habitat enhancement programs. 2. This agreement shall be effective upon execution by both parties hereto. 3. Either party may terminate the agreement by providing 60 day written notice. Any funds on deposit will be available for expenses incident to closing out the work beyond the period of written notice. Unless terminated by written notice, this agreement will remain in force indefinitely. 1/ This agreement does not cover donations, research, or other types of agreements that may applicable in some situations (see FSM 1580 and FSH 1509.11). 2/ Forest Service Gifts, Donations, and Bequests for Forest and Rangeland Renewable Resources Research, or Gifts and Donations, USDA, as appropriate based on agreement authority. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the last date written below. Date Regional Field Director National Office of the Mule Deer Foundation Date Forest Supervisor National Forest 1566.25 - Land Use Coordination. 1566.25a - Eastern Lands and Resources Council and Western States Land Commissioners Association. The Eastern Lands and Resources Council and the Western States Land Commissioners Association are two nonprofit national associations of State land commissioners. Both organizations are concerned with the management of public lands, both Federal and non-Federal. Exhibit 01 sets out the text of the Memorandum of Understanding between the Forest Service and these two organizations. 1566.25a - Exhibit 01 95-SMU-188 MASTER SERVICE-WIDE MEMORANDUM OF UNDERSTANDING between EASTERN LANDS AND RESOURCES COUNCIL the WESTERN STATES LAND COMMISSIONERS ASSOCIATION and the UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE This Master Service-wide Memorandum of Understanding (SMU) is made and entered into by and between the Eastern Lands and Resources Council and the Western States Land Commissioners Association, two non-profit organizations, hereinafter referred to as ELRC/WSLCA, and the United States Department of Agriculture Forest Service, hereinafter referred to as the Forest Service. I. PURPOSE The purpose of this SMU is to provide a general framework of cooperation between the parties concerning activities necessary to maintain and enhance the management of public lands and resources of the United States. It is believed that such cooperation will benefit public lands and their resources, the parties, and the public. II. STATEMENT OF MUTUAL BENEFITS AND INTERESTS The ELRC/WSLCA are two national associations of State land commissioners. The WSLCA consists of 23 States which together manage more than 370 million acres of State land throughout the West. The objectives of WSLCA are to maximize the earnings and preserve the assets of the member States' educational trusts and1encourage prudent administration of those trusts; to acquire and evaluate 566.25a - Exhibit 01--Continued information regarding public land, water, and resource management policies; to develop prudent public land and water management policies; and to provide information, education, and assistance concerning the foregoing to the member States and interested parties. The ELRC is an organization that provides officials involved in the management of public lands, land records, and natural resources with the opportunity to work together to solve problems, make contacts with Federal agencies, and share information. The Council strives to foster communication, strengthen professional relationships among public officials, and promote professional development. It promotes and facilitates sound public land and natural resource management policies and practices. The Forest Service manages 191.6 million acres of National Forests and Grasslands, conducts the world's largest forest research program, cooperates with State, local, and tribal governments, communities, and private forest landowners, and participates in a range of international forestry activities. The mission of the Forest Service is to achieve quality land management under the sustainable, multiple-use management concept in order to meet the diverse needs of people. The Forest Service and members of the ELRC/WSLCA represent adjoining or intermingled public lands and as such, have a wide range of matters of mutual interest, concern, or responsibility. These include providing benefits to the citizens of the Nation and promoting the health, diversity, and productivity of public lands for present and future generations. In consideration of these goals, the parties will strive to work together effectively on common issues, demonstrating the value of public service. Through this, we aim to increase respect and confidence in all levels of Government. The parties agree to work together to: 1. Improve the planning, coordination, and management of forests and rangelands managed by all parties. 2. Increase communication and coordination of activities that promote community sustainability. 3. Use technology for information sharing on natural resource management issues. 4. Improve efficiency and reduce duplication of services related to land issues. 5. Annually agree on specific activities that will contribute to achieving the above goals. 1566.25a - Exhibit 01--Continued III. ELRC/WSLCA SHALL: 1. Make available to its membership information about Forest Service programs and proposals. 2. Advise the Forest Service of ELRC/WSLCA's perceptions of the needs and concerns of their members and/or proposed resolutions which might directly impact the Forest Service. 3. Invite the Forest Service to attend regional and national meetings. 4. Communicate with Forest Service personnel at all appropriate levels on issues of mutual importance. IV. THE FOREST SERVICE SHALL: 1. Share information with ELRC/WSLCA about its programs and proposals. 2. Strive to attend and actively participate in the annual ELRC/WSLCA joint spring conference, and the annual meetings of ELRC/WSLCA. V. IT IS MUTUALLY AGREED AND UNDERSTOOD BY THE PARTIES THAT: 1. They shall consider participating in mutually agreed upon projects or educational efforts subject to all laws and procedures and in accordance with the provisions of paragraph 2 of this section. Examples of these efforts include: development, distribution, delivery, and cooperation with educational programs or media products about the management and conservation of natural resources. 2. This instrument is neither a fiscal nor a funds obligation document. Any endeavor involving reimbursement or contribution of funds between the parties to this instrument will be handled in accordance with applicable laws, regulations, and procedures including those for Government procurement and printing. Such endeavors will be outlined in separate agreements that shall be made in writing to representatives of the parties and shall be independently authorized by the appropriate statutory authority. This instrument does not provide such authority. Specifically, this instrument does not establish authority for noncompetitive awards to the cooperator of any contract or other agreements. Any contract or agreement for training or other services must fully comply with all applicable requirements for competition. 3. Any press releases which reference this SMU, or the relationship between the parties of this SMU, shall have the approval of all parties prior to publication. 1566.25a - Exhibit 01--Continued 4. Meetings will be scheduled periodically to discuss and identify opportunities for mutually beneficial projects and activities that contribute to the intent of this SMU. Work to be performed under this SMU will be initiated through supplements and addenda to the SMU that will specify the work to be accomplished and set forth the responsibili- ties of all parties. All exchanges for sharing of information will be in compliance with State and Federal rules, procedures, and policies. 5. This instrument in no way restricts any of the parties from participating in similar activities with other public or private agencies, organizations, and individuals. 6. The parties may modify this agreement at any time by written agreement signed by the parties. 7. The parties may terminate this instrument in writing in whole, or in part, at any time before the date of expiration. If one party wishes to terminate the agreement, the remaining parties may decide whether to continue the agreement between the remaining parties or terminate the agreement. 8. This instrument is executed as of the last date shown below and expires 5 years after the execution date. Prior to the expiration date, the parties shall review the agreement and decide whether to renew the agreement or let the agreement expire. 9. The principal contacts for this agreement are: Michael Paus, President Eastern Lands and Resources Council State of Wisconsin P.O. Box 8943 Madison, WI 53708-8943 608-267-2788 608-267-2787 FAX Curt Johnson, President The Western States Land Commissioners Association South Dakota Office of School and Public Lands 500 E. Capitol Avenue Pierre, SD 57501-5070 605-773-3303 605-773-5520 (FAX) 1566.25a - Exhibit 01--Continued Janice McDougle, Associate Deputy Chief National Forest System USDA Forest Service P.O. Box 96090 Washington, DC 20090-6090 202-205-1465 202-205-1758 (FAX) IN WITNESS WHEREOF, the parties hereto have executed this SMU as of the last written date below. /s/ MICHAEL PAUS September 28, 1995 President Eastern Lands and Resources Council /s/ CURT JOHNSON September 28, 1995 President The Western States Land Commissioners Association /s/ JACK WARD THOMAS September 28, 1995 Chief USDA Forest Service