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CHAPTER 1530 - INTERDEPARTMENTAL
1531 - DEPARTMENT OF THE INTERIOR
1531.12e - Memorandum of Understanding for Coordinated Resource Management and
Planning. (See parent text for memorandum of understanding among the BLM, SCS, Science
and Education Administration, and FS.)
The following supplements the National Memorandum adding the Montana Association of
Conservation Districts on coordinated planning on intermingled land.
Pages 1531.12e--1 through 1531.12e--14 and the signatures involved display the Montana
Supplemental Agreement to the National Memorandum of Understanding between the Soil
Conservation Service, Bureau of Land Management, the Forest
Service, Science and Education Administration - Extension and Montana Association of
Conservation Districts on Coordinated Planning on Intermingled Lands.
MONTANA
SUPPLEMENTAL AGREEMENT TO
THE NATIONAL MEMORANDUM OF UNDERSTANDING
BETWEEN
THE SOIL CONSERVATION SERVICE
BUREAU OF LAND MANAGEMENT,
THE FOREST SERVICE,
SCIENCE AND EDUCATION ADMINISTRATION - EXTENSION
AND
MONTANA ASSOCIATION OF CONSERVATION DISTRICTS
ON COORDINATED PLANNING ON INTERMINGLED LANDS
Agreement Contains:
I. Purpose
II. Objectives
III. State Executive and Task Groups
IV. Coordinating and Scheduling
Planning Activities
V. Planning Procedures on Individual
Projects
VI. Administration
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I.
PURPOSES
The purposes of this Montana Supplemental Agreement are:
A.
To implement the 1980 National Memorandum of Understanding between the
Bureau of Land Management (BLM), Soil Conservation Service (SCS), and Forest
Service (FS) on coordinated planning on particular operating units, allotments or
other resource areas made up of intermingled or adjacent BLM and FS
administered lands and private lands:
B.
Establish membership of the State Executive Group, State Task Group and County
Task Groups:
C.
Establish procedures whereby local conservation districts can enter into
supplemental agreements with the Executive Group for the purpose of coordinating
planning and implementation activities on particular allotments or resource areas at
the request of any of the concerned agencies and/or the affected landowner(s)
having direct involvement in the coordinated planning and implementation
activities;
D.
To support numerous agreements between the subject parties and local
conservation districts which include cooperative agreements at the state and
regional level, including the July 1978 BLM-FS (Region 1) Master Cooperative
Agreement.
II. OBJECTIVES
A.
To promote coordinated planning and implementation of programs where the land
ownership pattern is intermingled and coordinated activities are essential to
develop and implement a sound conservation plan which adequately considers
effects on neighboring lands;
B.
To provide statewide coordination for planning and implementation through the
executive Group resulting in consistency between agencies at the state level;
C.
To have all participants strive to cooperate whenever feasible on plan scheduling,
mutually supportive objective development, inventory programming and
methodology, data exchange, and professional skills sharing;
D.
To provide for periodic review of progress, scheduling of coordinated planning
activities, and determination of respective responsibilities;
E.
To encourage the Conservation Districts to endorse a joint agency resource
planning effort by accepting the role of a catalyst. This will promote a common
understanding and more effective communication.
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Role of Conservation Districts:
1) Conservation Districts in Montana are legal subdivisions of State government,
authorized by the Conservation District law. Districts are formed by petition
and referendum. Administration is by supervisors who are locally elected and
serve without pay. Districts have rather broad powers in the areas of resource
conservation and land use on private lands. They may adopt land use
regulations, establish special project areas, and levy permissive taxes to
accomplish the purposes of the District Law;
2) Conservation Districts are in a position to provide significant leadership with
regard to soil, water, plant, and related resources. They can give assistance,
counsel, and guidance to resource planning, and programs of governmental
agencies, particularly where coordination with private lands is needed or
desirable;
3)
Conservation Districts will coordinate County Task Group meetings,
with assistance from other group members as needed, to be held as described
under Section IV of this agreement;
4) Individual Conservation Districts are urged to draft meeting agendas and to
distribute them to agency representatives in advance of regular Conservation
District meetings in order to maintain communication. Agency people are
encouraged to suggest agenda topics and attend meetings when they can make
an effective contribution to districts and resource programs;
F.
Establish the makeup of state and county task groups to carry out the intent of this
supplemental agreement.
III. STATE EXECUTIVE AND TASK GROUPS
A.
Membership of the State Executive Group shall consist of the State Director of
BLM, Regional Forester of Region 1 of FS, State Conservationist of SCS, the
President of the Montana Association of Conservation Districts and State Director
of SEA-Extension.
The State Executive Group shall meet at the request of any of the members. Their
duties shall be to develop and put into effect supplemental agreements, as needed,
and to provide guidance to the State Task Group when needed to:
1) meet the intent and objectives of the National Memorandum of Understanding;
2) review progress in carrying out the National Memorandum and the State
supplement on a statewide basis;
3) resolve any conflicts which may arise in carrying out these agreements.
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B.
Membership of the State Task Group shall consist of designated representatives
from the following agencies or organizations: U.S. Forest Service, U.S. Soil
Conservation Service, Bureau of Land Management, SEA-Extension, Montana
Association of Conservation Districts and Montana Rangeland Resource
Committee.
The State Task Group shall meet at the request of any of the members for the
following purposes:
1) Provide guidance to the County Task Groups when needed.
2) Serve as liaison between County Task Groups and State Executive Group;
3) To provide information and training to assist in coordinated planning;
4) To provide technical assistance to the coordinated planning activities:
5) Review coordinated planning proposed by county groups;
C.
Membership of County Task Groups shall consist of agency personnel (Appendix
A) and individual representatives from the Conservation Districts who are
designated to carry out the intent of this supplemental agreement (Appendix B),
plus, appropriate representation from state agencies.
The County Task Groups shall meet at the request of any of the members. Their
duties shall be to:
1) Implement the intent and objectives of the National Memorandum of
Agreement and State Supplemental Memorandum of Agreement at the local
level;
2) Make employees responsible for implementing and carrying out coordinated
planning fully aware of the need to include all concerned landowners and
agencies in planning and implementation activities;
3) Establish ways of carrying out planning and implementation within the
authorities and limitations of each agency with assistance of the Conservation
District.
4) Keep the State Task Group informed about conflicts in authorities and
procedures which need action by that group.
IV. COORDINATING AND SCHEDULING PLANNING ACTIVITIES
Conservation Districts have broad powers in the areas' resource conservation and land use on
private lands. They are in a position to provide significant leadership with regard to coordinated
planning.
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A.
It is hereby agreed that the Executive Group will seek supplemental agreements
with individual conservation districts to attain their assistance in coordinating the
planning and implementation activities on individual operating units, allotments, or
resource areas. The State Task Group will provide liaison between the Executive
Group and the County Task Groups.
B.
As a minimum, the Executive Group and the State Task Group will meet prior to
the State MACD annual convention each calendar year. The County Task Groups
will meet in conjunction with the annual area Conservation District meeting and
more often as needed.
C.
Individual Forest or (BLM) Resource Area land use planning efforts will be
announced to the general public and government agencies by the Forest Supervisor
of (BLM) District Manager. The "scoping" exercise for the plan and associated
environmental impact statement will be open to the Soil Conservation Service and
Conservation Districts as required by the Council of Environmental Quality
regulations.
V. PLANNING PROCEDURES ON INDIVIDUAL PROJECTS
To the extent possible, all coordinated planning on operating units, allotments, or resource areas
will be carried out at the local level by those individuals assigned by each agency with carrying
out such planning activities (e.g., District Rangers, Area Managers, District Conservationists).
They will work with the Conservation District board of supervisors to arrange meetings for
determining needs for coordinated planning, reaching agreements on how coordinated planning
will be carried out, and arranging for review of completed plans. County Task Groups may be
involved when needed or desired to help with priority setting, scheduling, and reducing conflicts
in operating policies, etc. when possible.
A.
Objective - to coordinate planning activities on individual projects;
B.
Scope - an agreement to coordinate planning will cover a specific program such as
grazing allotment management plan, farm and ranch plan, ranch allotment plan,
timber management plan (management plans for state and private forest lands are
prepared by the Division of Forestry, Montana Department of Natural Resources),
group plan, RC&D measure plan, or FS and BLM wildlife habitat management
plan where all parties involved have a common objective, and where current and
adequate multiple use plans exist for the federal land involved;
C.
Process - the following is suggested in dealing with resource plans:
1) The agency or landowner desiring to develop a coordinated plan will request a
meeting by the concerned conservation district board with all concerned parties
stating the need, suitability for interagency planning, and availability of
manpower and equipment to be used by the initiating agency;
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2) Based on consultation with the other parties, the initiating agency and
landowner(s) will determine whether or not sufficient priority exists to proceed
with planning;
3) If a coordinated plan is determined to be feasible, the concerned parties will
develop a mutually acceptable planning agreement;
4) Each planning agreement will include the following:
a) designated area, parties involved, and lead agency as assigned by the
Conservation District.
b) evaluation of technical expertise needed and a schedule for equipment sharing;
c) identification of significant resource objectives, inventories needed, and
analyses and plan selection processes;
d) applicable standards and procedures which will be used on each component
(land ownership);
e) responsibility for accomplishment of all significant steps;
f) time schedule for project evaluation, plan completion and followup if necessary;
D.
Documenting Decisions and Commitments of Coordinated Planning Activities
As a minimum, the decisions regarding management systems and developments
that affect or are contingent on actions on both public and private land will be
recorded on appropriate mosaics, maps sketches, forms, or other documents.
Responsibility for funding and time of accomplishment, as appropriate, will be
shown.
It is recognized that the funding responsibility as recorded indicates intent, but
performance will depend on the budget of the cooperator or agency for the given
year.
Above documents will be accompanied by a signature sheet signed by the
responsible cooperator(s) and agency representatives. A copy of all documents
will be provided to each agency and cooperator involved:
E.
Resolving Conflicts in Priorities
Each agency will endeavor to schedule participation in coordinated planning
activities within a time frame reasonable for the activity under consideration. In
the event an agency is unable to participate because of other priorities within a
period to which the other parties can accomodate, it is recognized that it may be
necessary to proceed with planning on the private lands, giving consideration to the
public lands that is the best possible under the circumstances;
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VI. ADMINISTRATION
A.
This Cooperative Agreement and any written guides or procedures attached hereto
shall become effective as soon as signed by the subject parties and shall continue in
force until formally terminated by any party hereto after thirty (30) days notice in
writing to the other of its intention to do so;
B.
Amendments or supplements to this Cooperative Agreement and written guides or
procedures attached hereto may be proposed by any subject party and shall become
effective upon written approval by all parties. The amendments or supplements
will terminate if this agreement is terminated;
C.
Nothing in this Cooperative Agreement obligates any party to the expenditure of
funds in excess of appropriations authorized by law. Where exchange of funds or
other resources will be involved, an interagency agreement supplement will be
developed;
D.
No member of, or delegates to Congress or Resident Commissioner, shall be
admitted to any share or part of this Cooperative Agreement or to any benefit that
may arise therefrom;
E.
The officials approving this cooperative agreement may, at their discretion,
delegate portions of their authority and responsibility to field officials who may act
on behalf of the signing official. In the event of irreconcilable differences, the
problems will be referred to the next highest authority for resolution;
F.
Annual coordination meetings will be held to facilitate implementation of this
agreement. Such meetings may be combined with or part of other interagency
coordination meetings required by other cooperative agreements;
G.
The Cooperative Agreement between the subject parties dated March 28, April 4
and 8, and July 7, 1977, is hereby superceded, cancelled, and rescinded by this
agreement;
H.
The Cooperative Agreement between the State Conservationist, Soil Conservation
Service, and State Director, Bureau of Land Management, dated December 7, 1973,
and January 2, 1974, which became effective February 1, 1974, is hereby
terminated and rescinded;
I.
Nothing herein should be construed as binding the Forest Service, Bureau of Land
Management, Soil Conservation Service, Science and Education
Administration-Extension, or Montana Association of Conservation Districts to
decisions, planning schedules, or on-the-ground actions not authorized by law,
regulation, or policy.
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APPROVED:
FOREST SERVICE
/S/ Tom Coston
TOM COSTON, REGIONAL FORESTER
6/17/81
DATE
BUREAU OF LAND MANAGEMENT
/S/Mike Penfold
MIKE PENFOLD, STATE DIRECTOR
6-8-81
DATE
SOIL CONSERVATION SERVICE
/s/ Van K. Haderlie
VAN K. HADERLIE, STATE CONSERVATIONIST
6-18-81
DATE
SCIENCE AND EDUCATION ADMINISTRATION - EXTENSION
/s/ Carl J. Hoffman
CARL HOFFMAN, VICE PRESIDENT-DIRECTOR
6-18-81
DATE
MONTANA ASSOCIATION OF CONSERVATION DISTRICTS
/s/ Dale Marxer
DALE MARXER, PRESIDENT
6-19-81
DATE
Attachments:
Appendix A -Agency Personnel Responsible for Calling Annual Meetings
Appendix B -County Groups for Annual Meetings
Appendix C -Map - County Groups for Annual Meeting to Plan
SCS-BLM-FS Coordinated Planning - Montana
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AGENCY PERSONNEL DESIGNATED TO WORK WITH
DISTRICTS TO CARRY OUT THIS AGREEMENT
Southeast Group
BLM--District Manager, Miles City
SCS--Area Conservationist, Miles City
FS--Custer Forest Supervisor, USDA Service Center,
102 Fir, Forest Park, Glendive, MT 59330
FW&P--Keith Seaburg
South Central Group
BLM--District Manager, Lewistown
SCS--Area Conservationist, Bozeman
FS--Custer Forest Supervisor, Billings
CES--Doyle Stocks, Area III Supervisor, 1629 Ave. D, Blg. A,
Suite 5, Billings, Mt 59102
FW&P--Roger Fliger
Hiline--Lewistown Group
BLM--District Manager, Lewistown
SCS--Area Conservationist, Great Falls
FS--Lewis & Clark Forest Supervisor, Great Falls
CES--Dave Phillips, Fergus County Agent, P.O. Box 740,
Lewistown, Mt 59457
FW&P--Art Warner
Great Falls Group
BLM--District Manager, Butte
SCS--Area Conservationist, Great Falls
FS--Lewis & Clark Forest Supervisor, Great Falls
CES--Dale Bergland, Area II Supervisor, 404 Linfield, MSU,
Bozeman, Mt 59717
FW&P--Dan Vincent
Central Mountain Group
BLM--District Manager, Butte
SCS--Area Conservationist, Bozeman and Great Falls
FS--Deer Lodge Forest Supervisor, Butte
CES--Harold Johns, Silver Bow County Agent, Courthouse,
Butte, Mt 59701
FW&P--LeRoy Ellig
Northwest Group
BLM--District Manager, Butte
SCS--Area Conservationist, Missoula
FS--Flathead Forest Supervisor, Kalispell
CES--Bill Peterson, Area I Supervisor, 1018 Burlington, Room 200,
Missoula, Mt 59801
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FW&P--Al Elser
Missoula-West Central Group
BLM--District Manager, Butte
SCS--Area Conservationist, Missoula
FS--Bitterroot Forest Supervisor, Hamilton
CES--Steve Laursen, Extension Forester, School of Forestry,
University of Montana, Missoula, Mt 59812
FW&P--Jim Ford
Beaverhead-Madison Group
BLM--District Manager, Butte
SCS--Area Conservationist, Missoula
FS--Beaverhead Forest Supervisor, Dillon
CES--John Maki, Beaverhead County Agent, P.O. Box 190.
Dillon, Mt 59725
FW&P--LeRoy Ellig
COUNTY GROUPS FOR ANNUAL MEETINGS
Administrative areas of the Soil Conservation Service, Bureau of Land Management, and the
U.S. Forest Service in Montana overlap so much that this criterion alone does not provide a
satisfactory basis for dividing the state for meetings to coordinate planning efforts. Counties
have been grouped together considering, in addition to agency administrative areas, such things
as number of local offices and amount of public land administered by respective agencies.
Southeast Group
Richland
Dawson
Carter
Garfied
South Central Group
Gallatin
Sweet Grass
Yellowstone
Wheatland
Hiline-Lewistown Group
Sheridan
Valley
Petroleum
Blaine
Toole
Great Falls Group
Wibaux
McCone
Custer
Rosebud
Fallon
Prairie
Powder River
Treasure
Stillwater
Musselshell
Big Horn
Golden Valley
Carbon
Park
Daniels
Phillips
Hill
Glacier
Judith Basin
Roosevelt
Fergus
Liberty
Chouteau
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Teton
Meagher
Central Mountain Group
Lewis and Clark
Silver Bow
Granite
Northwest Group
Lincoln
Missoula-West Central Group
Ravallie
Sanders
Pondera
Cascade
Broadwater
Powell
Jefferson
Deer Lodge
Flathead
Lake
Missoula
Mineral
Beaverhead-Madison Group
Beaverhead
Madison
MAP (APPENDIX C) CAN BE VIEWED IN DIRECTIVES
AMMENDMENT NO. 1
TO
Montana Supplemental Agreement to the National Memorandum of Understanding between the
Soil Conservation Service, Bureau of Land Management, the Forest Service, the Cooperative
Extension Service and Montana Association of Conservation Districts on Coordinated Resource
Planning.
Paragraph III A. and III B. are amended to include the following additional agencies as members
of the Executive and Task Groups:
Montana Department of Fish, Wildlife and Parks (FW&P)
Montana Department of Natural Resources and Conservation (DNRC)
Montana Department of State Lands (DSL)
Paragraph VI I. is amended to read:
1. Nothing herein should be construed as binding the signatory agencies to this agreement to
decisions, planning schedules, or on-the-ground actions not authorized by law, regulation, or
policy.
Appendix A--Agency Personnel Designated to Work with Districts to Carry out this Agreement:
Appendix A is revised to include representatives from agencies included by this amendment.
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APPROVED:
/S/ James C. Oberbay
JAMES C. OVERBAY,
REGIONAL FORESTER
FOREST SERVICE
4-3-86
Date
/s/ Larry Fasbender
4/18/86
LARRY FASBENDER, DIRECTOR
Date
DEPARTMENT OF NATURAL RESOURCES
AND CONSERVATION
/s/ Maurice LeNowe
4/8/86
/s/ Dennis Hemmer
4-22-86
DEAN STEPANEK, DIRECTOR-Acting DATE DENNIS HEMMER, COMMISSIONER
Date
BUREAU OF LAND MANAGEMENT
DEPARTMENT OF STATE LANDS
/s/ Glen H. Loomis
3/17/86
GLEN H. LOOMIS
Date
STATE CONSERVATIONIST
SOIL CONSERVATION SERVICE
/s/ James W. Flynn
JAMES W. FLYNN, DIRECTOR
Date
DEPARTMENT OF FISH, WILDLIFE & PARKS
/s/ Carl Hoffman
4-15-86
/s/ John Teigen, Jr.
5-12-86
CARL HOFFMAN
Date
JOHN TEIGEN, PRESIDENT
Date
VICE PRESIDENT FOR EXTENSION
MONTANA ASSOCIATION OF CONSERVATION
COOPERATIVE EXTENSION SERVICE DISTRICTS
Attachments:
Appendix A--Agency Personnel Responsible for Calling Annual Meetings
Appendix B--County Groups for Annual Meetings
Appendix C--Map--County Groups for Annual Meeting to plan
SCS-BLM-FS Coordinated Planning--Montana