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CHAPTER 1530 - INTERDEPARTMENTAL
1532 - DEPARTMENT OF COMMERCE
1532.11 - Memorandum of Understanding with the National Weather Service for Preparation,
Issuance, and Distribution of Snow Avalanche Bulletins (Memorandum of Understanding
Between the United States Forest Service, Department of Agriculture, and the United States
Weather Bureau, Department of Commerce).
MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES
FOREST SERVICE, DEPARTMENT OF AGRICULTURE, AND THE
UNITED STATES WEATHER BUREAU, DEPARTMENT OF COMMERCE
WHEREAS, the United States Weather Bureau desires to install weather data-gathering
equipment for purposes other than fire weather forecasting in certain National Forest areas
within Region 1 of the Forest Service; and
WHEREAS, the United States Forest Service desires to make available to the United
States Weather Bureau the use of National Forest lands for this purpose:
NOW, THEREFORE, the United States Forest Service, herein referred to as the Forest
Service, acting by and through the Regional Forester, Region 1, Missoula, Montana, and the
United States Weather Bureau, herein referred to as the Weather Bureau, acting by and through
the Regional Director, Salt Lake City, Utah, agree as follows:
A. THE FOREST SERVICE WILL:
1. Grant permission, subject to existing laws, regulations, and all valid existing
claims, to the Weather Bureau for the use of Montana, Idaho, and Washington lands in the
National Forests within Region 1 for the purpose of locating, installing, operating, and
maintaining weather and/or streamflow data-gathering equipment. Each site authorized
under this Memorandum of Understanding will, in addition, be covered by a standardized
supplement describing the specific National Forest location and outlining any other
specific conditions relating to the occupancy and use of the particular site (a sample is
included as Exhibit A to this Memorandum of Understanding).
2. Instruct the Forest Supervisors of the National Forests to cooperate fully with
the Weather Bureau in all matters relating to the use and administration of National Forests
for the purposes stated in A-1 above.
3. Whenever possible and feasible, encourage the District Rangers who maintain
Weather Bureau climatic substations to continue their weather observation programs on a
daily basis, seven days per week, year around.
4. Notify the Weather Bureau well in advance when unavoidable circumstances
will require moving the weather data-gathering equipment. Changes in management or
use of an instrument site which would impair its value for weather data collection will not
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be made unless there is no other reasonable alternative. Compatible uses of the site will
be continued.
B. THE WEATHER BUREAU WILL:
1. Prior to use and occupancy of National Forest lands, notify the appropriate
Forest Supervisor by application letter of its plans and obtain Forest Service review and
approval of location and construction plans; and take up directly with the Forest Supervisor
all matters relating to such use of National Forest land.
2. Agree to maintain improvements and premises to standards of repair,
orderliness, neatness, sanitation, and safety acceptable to the Forest Supervisor and, in
exercising the privilege authorized by this Memorandum, comply with the regulations of
the Department of Agriculture and laws which are applicable to the area or operations
covered by this Memorandum; and fully repair all damage, other than ordinary wear and
tear, to National Forest roads and trails, resulting from the exercise of the privileges
authorized by this Memorandum.
3. Agree to take all reasonable precautions to prevent and suppress forest fires.
No material shall be disposed of by burning in open fires during the closed season
established by law or regulations without the written consent of the Forest Supervisor.
4. Remove equipment from National Forest land within one year after termination
of this agreement, or move equipment to new locations as needed or desired with
concurrence of both parties, or as required by higher priority need as stated in Section A-4
above.
5. If any Weather Bureau installations or operations authorized under this
Memorandum cause interference to other Government communications systems, which are
operating within IRAC tolerances, the Weather Bureau will immediately verify and
suspend operations until satisfactory corrective measures have been taken to restore
Weather Bureau communications equipment to IRAC and FCC tolerances. Costs for
investigative and corrective measures to any or all Weather Bureau equipment will be
assumed by the Weather Bureau. This encompasses radio communications, telemetry,
radar, and radar adjuncts.
6. Agree that space for the installation and operation of radio-electronic type
equipment is contingent upon the use of specific radio frequencies, types emission, band
widths, RF power outputs, and under specific radio or electronic service classifications as
authorized by IRAC for the specifically-named Federal Government department. The
foregoing exact data will be shown on form 2700-10 and approved by the Regional
Forester prior to installation of any such equipment. Any and all subsequent changes in,
or additions to, the specified operating frequencies, types emission, band widths, RF power
outputs, class of service, or the named FCC licensee, shall require advance notification of
the Forest Supervisor.
7. Agree not to install or allow the installation of any foreign radio-electronic type
equipment on or within the structure(s) or on the premises as may be authorized and
covered by this Memorandum, without advance notification and joint-occupancy approval
of the Forest Supervisor; "foreign" radio-electronic type equipment in this instance
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meaning radio-electronic type equipment or installation which may be authorized by FCC
license or IRAC agreement, but in a name other than that of the Weather Bureau of Forest
Service authorized joint occupant.
8. Recognize that use of Wilderness Areas is restricted by the Wilderness Act
(Public Law 88-577); and that, while the Act recognizes valid uses of Wilderness Areas, it
generally precludes any structure or installation or the use of motorized equipment within
such an area.
C.THE FOREST SERVICE AND THE WEATHER BUREAU MUTUALLY AGREE:
1. That this Memorandum of Understanding may be terminated or amended at any
time by mutual consent of the Forest Service and the Weather Bureau. Following such
termination, negotiations will be undertaken for a substitute agreement, if such is needed.
2. That upon final termination of this or any substitute Memorandum of
Understanding, the Weather Bureau will remove any improvements that have been erected,
unless otherwise agreed upon in writing, and will leave the sites in a condition acceptable
to the Forest Service. If determination is made to leave any said improvements in place,
the Weather Bureau, to the extent that it may lawfully do, will transfer said improvements
to the Forest Service.
UNITED STATES DEPARTMENT OF AGRICULTURE
FOREST SERVICE
Missoula, Montana
NEAL M. RAHM
Regional Forester
January 20, 1967
(Date)
By
/s/ James L. Wenban
UNITED STATES DEPARTMENT OF COMMERCE
ENVIRONMENTAL SCIENCE SERVICES
ADMINISTRATION
WEATHER BUREAU
Salt Lake City, Utah
April 12, 1967
(Date)
Title Director, Western Region
By
/s/ H. H. Bedke
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Exhibit 1
In accordance with the Memorandum of Understanding between the Forest Service, acting
through the Regional Forester, Region 1, Missoula, Montana, and the Weather Bureau, acting
through the Regional Director, Salt Lake City, Utah, and signed on behalf of the Forest Service
on
, by
, and signed on behalf of
the Weather Bureau on
, by
.
Permission is requested to install the following-described facilities:
on the
National Forest at the following location:
(Legal Subdivision)
comprising
(Landmark Description)
acres and/or
miles for the purpose of:
The following special considerations are necessary for the operation of this equipment:
U. S. WEATHER BUREAU
By
(Date)
Title
Permission as applied for on the reverse side hereof is granted, subject to the referenced
Memorandum of Understanding and the following supplementary conditions, listed below or
attached hereto, necessary to protect the site:
U. S. FOREST SERVICE
By
(Date)
Title