R4 SUPPLEMENT 2200-2003-1
EFFECTIVE DATE:02/05/2003
DURATION: This supplement is effective until superseded or removed.
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FSM 2200 – RANGE MANAGEMENT
CHAPTER 2240 – RANGE IMPROVEMENTS
2240.3 - Policy
Range improvements needed because of change in livestock use under the provision of FSM
2231.61, items 1 and 3, and FSH 2209.13, section 16.14 must be financed or constructed by the
permittee when the change is made at the request of and mainly for the convenience of the
permittee.
2241 - FINANCING RANGE IMPROVEMENTS
2241.11a - Use of Range Betterment Fund (RBF)
1. Utilize the RBF for on-the-ground expenditure for range rehabilitation, protection, and
improvement projects within grazing allotments as provided for in approved allotment
management plans. Use of this fund for control of undesirable plants shall follow these same
criteria. The RBF is not for projects aimed solely at improving water quality or for the welfare
of wildlife or livestock. The objective must be to arrest or prevent range deterioration by
implementing a range improvement program that will lead to substantial betterment of range
conditions.
2. Minimum standards for a range improvement project to qualify for the RBF are:
a. The project is in an approved Allotment Management Plan (AMP) that meets the
objectives of the Forest Land Management Plan. The AMP shall address how to
achieve the objective(s) of first, rehabilitating; second, protecting range from
deterioration; and third, improving forage quality and quantity.
b. First priority improvement projects must address the arrest/ rehabilitation of
deteriorated range (as defined in item c. below), with emphasis in riparian areas. All
deteriorated range improvement projects must be completed on a Forest before
improvement of forage quality and quantity projects are implemented.
c. Deteriorated range is range that has temporarily lost all or part of its ability to
produce livestock forage and other resource benefits. Deteriorated range contains
undesirable plant species and has a diminished soil cover. The soil may be actively
eroding or has eroded to the extent that little or no production is occurring.
d. Allotments with RBF improvement projects must be properly stocked, based on
AMP objectives and analysis.
3. Forest Supervisors may authorize use of the RBF in cases of emergency to protect
range from deterioration without the use being provided for in an approved AMP. Emergency
seeding or replacing needed improvements lost from such things as fire, flood, or unusual snow
damage are considered emergencies for RBF.
R4 SUPPLEMENT 2200-2003-1
EFFECTIVE DATE:02/05/2003
DURATION: This supplement is effective until superseded or removed.
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CHAPTER 2240 – RANGE IMPROVEMENTS
4. Do not use the RBF for routine annual maintenance of structural improvements since
this is the permittee's responsibility. Do not use the RBF to construct fences solely for the
purpose of controlling unauthorized livestock use.
5. Reconstruction of structural range improvements and betterment of nonstructural
range improvements may be proper expenditure of these funds. Reconstruction is justified when
the cost of maintenance exceeds one-half of the cost of reconstruction, if the permittee has been
responsible relative to annual maintenance activities.
6. Do not use RBF to fence boundaries between National Forest system lands and private
lands (see FSM 2230.6). RBF may be used to cooperatively fence boundaries between the
Forest Service and other federal agencies if the fence meets the priority and conditions specified.
7. The Forest Service must acquire water rights prior to installing or reconstructing
livestock water developments (because of the Mimbres River Decision (United States vs. New
Mexico, 1978)). Requirements for obtaining water rights vary from state-to-state; procedures are
prescribed in FSM 2540.
8. RBF's, once appropriated, are continuing funds available until expended. However,
Forest Supervisors should not plan significant annual carry-over of these funds. Forest
Supervisors shall notify the Regional Forester as soon as possible when prudent and efficient use
of these funds is not possible so they can be reallocated if needed to other priority projects within
the Region.
2241.13 - Range Activities Approved for Sale Area Improvement
Authority to use Sale Area Improvement (SAI) Funds for range improvement is provided in the
Knutsen-Vandenberg Act as amended by the National Forest Management Act. Within
availability, use SAI Funds to achieve goals set forth in Forest Land Management Plans and
identified in AMP's.
List all potential range improvement practices that may be located within timber sale areas in
SAI Plans. Such proposed projects must meet the same criteria as set for other range
improvements and established for SAI K-V Collection per FSM 2477.
2241.31 - Permit Modifications
Forest Supervisors are encouraged to enter into agreements or challenge grants with permittees
to accomplish range improvement. Such agreements, however, shall not commit the Forest
Service to increase permitted stocking or preclude allocation of forage to other uses. Range
improvement work accomplished by permittees is normally the preferred method in contrast to
competitive contracting or force account.
R4 SUPPLEMENT 2200-2003-1
EFFECTIVE DATE:02/05/2003
DURATION: This supplement is effective until superseded or removed.
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CHAPTER 2240 – RANGE IMPROVEMENTS
Use permit modification to document agreement between the Forest Service and permittee in
joint-venture range improvements. Take care to not duplicate existing permit clauses and to be
sure that all appropriate clauses are included in the permit modification as determined by the
merits of each joint-venture project. The example shown in exhibit 01 may be used as a guide
when the Forest Service does not pay the permittee for services rendered.
Common practice is for permittees to donate labor and equipment and the Forest Service to
furnish materials for structural improvements. These arrangements amount to each party
furnishing approximately 50 percent of the total cost. Permittees can agree to assume
responsibility for nonstructural and structural improvements where considerable dollar outlay is
required, such as helicopter or other equipment hire. In these cases, it is proper to advance
payment to the permittee for all or part of services rendered.
Use a format similar to exhibit 01 for permit modifications for projects where the Forest Service
pays the permittee. However, such payment must be accomplished on the basis of single source
procurement procedures. Seek advice from the unit procurement specialist before completion of
the permit modification.
R4 SUPPLEMENT 2200-2003-1
EFFECTIVE DATE:02/05/2003
DURATION: This supplement is effective until superseded or removed.
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CHAPTER 2240 – RANGE IMPROVEMENTS
2241.31 - Exhibit 01
PAGE 1A of 3
USDA - FOREST SERVICE
GRAZING PERMIT - PART 3
PERMIT NUMBER
4361
Special Provisions and Requirements.
Responsibilities for Construction and Maintenance of Structural Improvements or for Range
Rehabilitation. List the specific responsibilities of the permittee; or incorporate into the permit the
cooperative agreement, management plan or other document that sets forth these responsibilities in detail.
Fully identify the particular document or documents.)
1/ This modification is hereby a part of your grazing permit number 4361, issued May 6, 2002. by G.A.
Hansen. Forest Supervisor. It should be attached to your permit as pages 1A through 3A.
It has been determined to be mutually advantageous for the PERMITTEE and the FOREST SERVICE to
cooperate in construction of the Gold Spring Water Development and 2.0 miles of pipeline.
T14S, R19E, Section 24 - SE-1/4; Section 25 - NE-1/4, B.M.
T14S, R20E, Section 19 - SE-1/4; Section 30 - NW-1/4, B.M.
The parties hereto agree as follows:
A.
B.
The PERMITTEE will:
1.
Contribute labor and/or installation, and cause such work to be performed to the
standards shown in the attached specifications;
2.
Pick up at the Pot Hole storage yard all necessary materials and transport them
to the project site, remove from the NATIONAL FOREST, and dispose (disposal
site) of all construction debris and unserviceable materials resulting from this
project.
3.
Keep an itemized record of costs incurred in meeting the terms of Clause A, and
provide the FOREST SERVICE with a statement of those costs upon completion of
the project.
The FOREST SERVICE will:
1.
Furnish the following supplies and material: spring head box materials, pipelines,
junction boxes, valves, water troughs, framing timbers, posts, poles, bolts, spikes,
mails, and other necessary minor hardware items; make them available at the Pot
Hole yard.
1/ See FSM 2241.31
R4 SUPPLEMENT 2200-2003-1
EFFECTIVE DATE:02/05/2003
DURATION: This supplement is effective until superseded or removed.
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CHAPTER 2240 – RANGE IMPROVEMENTS
2241.33 - Collection Agreements
Exhibit 02 may be used to document collection agreements. Normally, collection agreements
need not be developed as permit modifications. However, it is conceivable that a joint venture
improvement agreement may be entered into where the permittee may deposit funds with the
Forest Service and also participate in the construction. In this case, a permit modification, as
provided for in FSM 2241.31, is appropriate.
2241.33 - Exhibit 02
COLLECTION AGREEMENT
FOR RANGE IMPROVEMENT WORK
THIS AGREEMENT, made and entered into by and between Joe Goodly , hereinafter
referred to as the PERMITTEE, and the Forest Supervisor,
Hurrah
National Forest,
hereinafter referred to as the SERVICE, UNDER THE AUTHORITY OF THE ACT OF JUNE
30, 1914 (16 USC 498), and 36 CFR 222.9.
WITNESSETH:
WHEREAS, it is the responsibility of the SERVICE to protect, administer, and improve National
Forest range lands, and
WHEREAS, the PERMITTEE has a permit to graze livestock on the Hurrah National Forest,
and
WHEREAS, the PERMITTEE has requested the SERVICE to construct, develop, or otherwise
improve the National Forest range lands used by the PERMITTEE as described below:
(Describe work and location)
Prescribe burn 500 acres on the Cloradale Sagebrush Flat.
.
.
NOW, THEREFORE, in consideration of the premises, the parties agree as follows:
A.
The Permittee will:
1.
Make advance payment, as requested by the SERVICE, in the amount of $ 1,000
to be deposited in the Forest Service Cooperative Work Fund, which sum is to be
expended for work described above.
2.
Furnish the following materials:
R4 SUPPLEMENT 2200-2003-1
EFFECTIVE DATE:02/05/2003
DURATION: This supplement is effective until superseded or removed.
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CHAPTER 2240 – RANGE IMPROVEMENTS
2241.33 - Exhibit 02--Continued
(List)
D-8 Cat
B
.
.
.
The SERVICE will:
1.
Perform the work described above to the extent that funds have been deposited in
advance by the PERMITTEE.
2.
Procure supplies and materials necessary in the construction/ development or other
improvement previously specified.
3.
Furnish all supervisions, inspections, and administrations generated by this
agreement.
(List)
N/A
C.
.
.
.
NOW, THEREFORE, it is mutually agreed as follows:
1.
Work covered by this agreement shall begin with one months/days of the
agreement and be completed not later than November 2003 .
2.
The parties hereto have mutually agreed upon methods and standards of
construction and upon the plans for such construction. Define - example: Three
wire fences per plan R4-RM1 and plan R4-RM2).
3.
The range improvement constructed or work performed at PERMITTEE's expense
shall not entitle the PERMITTEE to any share or interest in the said improvements
or land other than the right to use such land or improvement(s) under the terms
specified by the SERVICE. All improvements shall be and remain the property of
the United States.
4.
The terms of this agreement will not take precedence over the terms of the
PERMITTEE's grazing permit.
R4 SUPPLEMENT 2200-2003-1
EFFECTIVE DATE:02/05/2003
DURATION: This supplement is effective until superseded or removed.
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2241.33 - Exhibit 02--Continued
5.
Maintenance of the range improvement or structure covered under this agreement
shall be assigned to the PERMITTEE and entered in the grazing permit upon
completion of the work.
6.
The SERVICE shall not be liable for any damage to the PERMITTEE incident to
the performance of work under this agreement and the PERMITTEE hereby
expressly waives any and all claims against the United States for compensation for
loss, damage, personal injury, or death resulting from performance under this
agreement.
7.
This agreement may be terminated upon 30 days written notice by one party to the
other.
8.
Nothing herein shall be construed as obligating the SERVICE to or as involving the
United States in any contract or other obligation for future payment of money in
excess of appropriation authorization by law and administratively allocated for this
work.
9.
No Member of, or Delegate to Congress or Resident Commissioner shall be
admitted to share any part of this agreement, or to any benefit that may arise there
from; but this provision shall not be construed to extend to this agreement if made
with a corporation for its general benefit.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the last date
written below.
9/20/02
Date
Joe Goodly
PERMITTEE or Authorized Agent
Date
Harry Sample
PERMITTEE of Authorized Agent
9/20/02
Hurrah
National Forest
R4 SUPPLEMENT 2200-2003-1
EFFECTIVE DATE:02/05/2003
DURATION: This supplement is effective until superseded or removed.
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CHAPTER 2240 – RANGE IMPROVEMENTS
2242 - STRUCTURAL RANGE IMPROVEMENTS
2242.03 – Policy
The Regional structural improvement specifications are found in the following three structural
improvement handbooks:
1. Facilities for Handling, Sheltering, and Trailing Livestock. 8724-2809, September
1987. $5.
2. Fences. 8824-2803, July 1988. $12.50.
3. Facilities for Watering Livestock and Wildlife. MTDC 89-1, January 1989. $6.
4. Specifications for Structural Range Improvements. $7.
These volumes can be ordered from: Society for Range Management, 445 Union Blvd.,
Suite 230, Lakewood, Colorado 80228-1259.
2243 - NONSTRUCTURAL RANGE IMPROVEMENTS
2243.03 – Policy
For vegetation manipulation projects, site productivity is the key element to determine possible
treatment sites and treatment methodology.
1. Use site productivity in feasibility and site determination in the selection of
nonstructural range improvement projects and in priority treatment determinations.
2. Complete the retreatment backlog on areas used for livestock production before new
areas are treated.
3. Retreatment of projects should take place while the desirable vegetation density is at a
point that reseeding is not necessary.
4. Integrate projects with other resources on the area as called for in the Forest Plan.
5. Vegetative manipulation must consider all aspects of the problem. Develop the
prescription through an interdisciplinary approach with priority given to having a hydrologist,
soil scientist, wildlife biologist, archeologist, and range conservationist, along with other
disciplines, as needed, working together in the field to obtain an optimum combination of
benefits.
R4 SUPPLEMENT 2200-2003-1
EFFECTIVE DATE:02/05/2003
DURATION: This supplement is effective until superseded or removed.
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CHAPTER 2240 – RANGE IMPROVEMENTS
2243.33 - Insect and Disease Management
2243.33b – Cooperation
Forest Supervisors should contact the Animal and Plant Health Inspection Service, USDA, when
range insect investigations or controls are desired. State offices are located at the following
addresses:
IDAHO
NEVADA
856 Blue Lakes Blvd. N.
Box 67
Twin Falls, ID 83301
Phone - (208) 733-5119
946 Idaho Street
Box 191
Elko, NV 89801
Phone - (702) 738-3636
UTAH
WYOMING
1750 South Redwood Road
Room 171
Salt Lake City, UT 84104
Phone - (801) 524-5076
2120 Capital Avenue
Box 825
Cheyenne, WY 82001
Phone - (307) 778-2186
A control project, which extends into or is entirely within a Wilderness or Primitive Area, must
be submitted to the Regional Forester for approval (FSM 2324.04b).
2244 - MAINTENANCE OF IMPROVEMENTS
2244.03 – Policy
1. The livestock permittee making use of the improvements is responsible for
maintenance of structural range improvements. Responsibility for maintenance should not
include those facilities installed for purposes other than management of permitted livestock (see
item 3 below).
2. Structural range improvement designs and specifications are contained in the four
handbooks listed in R-4 text 2242.03 and shall be used as a guide in maintenance of structural
improvements. The condition level to which improvements should be maintained will vary
depending on the location, purpose, and the number of years the improvement is expected to be
needed. Most improvements will be needed indefinitely and should be periodically maintained
at a level that will fully serve the intended purpose and perpetuate their life. Post, poles, and
other timber products grown on National Forest System lands may be obtained free of charge
subject to regulations and instructions.
R4 SUPPLEMENT 2200-2003-1
EFFECTIVE DATE:02/05/2003
DURATION: This supplement is effective until superseded or removed.
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Where the condition of needed facilities has depreciated substantially below the desired level,
consider replacement as new construction. Scheduling for upgrading facilities will normally
have priority over construction of other new improvements as follows.
Where the permittee has responsibility for improvement maintenance and a lack of maintenance
has resulted in an unsatisfactory condition, take action against the permit for non-compliance
with the General Terms and Conditions of Part 2-(i) of the Term Grazing Permit.
When the condition of a facility is to be upgraded under the context of maintenance, the District
Ranger and the permittee should develop an improvement schedule. This schedule shall be a
part of the allotment management plan and should specifically point out the extent of
participation by the permittee and the Government. In some cases, the condition of an
improvement is partially or wholly so poor that maintenance is no longer practical. In these
cases, the structure should be partially or totally disposed of and, if not replaced with new
construction, deleted from the range improvement inventory record. Replacement is handled as
new construction making use of permit modifications as in FSM 2241.31.
3. Permittees' responsibility for maintenance should not include those facilities installed
for purposes other than for management of livestock.
Examples of non-livestock facilities include study enclosures, campground fences, wildlife
guzzlers, plantation fences, and administrative improvements. Maintenance of cattle guards,
bridges, and right-of-way fences on Forest Development roads shall be with Forest Road and
Trail Funds (see FSM 6513.22b and FSM 2242). Forest Supervisors should ensure that Forest
Service responsibility for maintenance is carried out in a quality and timely manner setting an
example for permittees to follow.