1561--1
TITLE 1500 - EXTERNAL RELATIONS
1561 - STATE CONSERVATION AGENCIES
IDAHO DEPARTMENT OF LANDS. Exhibit 1 displays the memorandum of understanding
entered into between the Idaho Department of Lands and Regions 1 and 4 of the Forest Service
concerning mine reclamation laws and regulations.
Exhibit 1 may be viewed in hard copy or in Directives, Management Systems.
IDAHO OUTFITTERS AND GUIDES BOARD. Exhibit 2 is 1, 4 and 6 of the Forest Service
and the Idaho Outfitters and Guides Board regarding cooperation and coordination in the
permitting and licensing of outfitter and guide activities on National Forest System lands.
Exhibit 2
FS-01-85-23
MEMORANDUM OF UNDERSTANDING
between
USDA, FOREST SERVICE
and
IDAHO OUTFITTERS AND GUIDES BOARD
WHEREAS, the United States Forest Service, herein referred to as the Service, under the acts of
June 4, 1897 (16 USC 551), June 12, 1960 (PL 86-517) and other applicable laws as the National
Environment Policy Act of 1969 and the Forest and Rangeland Renewable Resource Planning
Act (1974) as amended by the National Management Act of 1976 is directed to manage the
National Forest System (NFS), and
WHEREAS, the Idaho Outfitters and Guides Board, herein referred to as the Board, under Idaho
State Law (Title 36, Chapter 21, Idaho Code) is charged with the responsibility for the licensing
and regulating of activities of outfitters and guides in Idaho, and
WHEREAS, it is the mutual desire of the Service and the Board to work cooperatively for the
common purpose of 1) providing for the opportunity of residents and non-residents alike to enjoy
hunting, fishing, boating and other recreational activities in Idaho; 2) providing for the safety,
health and welfare of the participating public; 3) assuring the continued viability and diversity of
Idaho's fish, wildlife, wilderness and recreational resources by maintenance, protection and/or
enhancement of such resources through multiple use management of all the resources of the
National Forests in a harmonious combination that will best meet the needs of the American
people in both the short- and long-term; 4) enforcement of state laws and Federal regulations
governing the operation of outfitting and guiding services on National Forest lands; and, 5)
enabling the selection of qualified outfitters and guides to meet and accommodate public needs
in accordance with State laws and Federal Regulations, and
WHEREAS, the Service may issue permits to qualified applicants whose services are marketed
and available to members of the public when the proposed activity(s) provides a viable public
service and assists in the management and utilization of National Forest System resources, and
WHEREAS, the board may issue an Idaho license to a qualified applicant whose services are
marketed and available to members of the public when the applicant meets all the requisite
qualifications of training, experience, knowledge and criteria as set forth in Idaho Outfitters and
Guides Act and Regulations adopted pursuant thereto, and
WHEREAS, the Memorandum of Understanding of July 22, 1980, by and between the Governor
of Idaho and the Regional Forester, Northern Region, Intermountain Region and the Pacific
Northwest Region. U.S. Forest Service, Department of Agriculture, primarily addresses the
need and process for "coordinated planning of natural, physical, economic, human, and cultural
resources for the benefit of the public, present and future" rather than the specifics of respective
permit and license procedures by and between the Service and the Board, and
WHEREAS, such specifics of respective permit and license procedures by and between the
Service and the Board is both desired and necessary to enable the continued, long-standing and
respectively mandated permit and licensing requirements to be met, and
WHEREAS, THE Board has statutory authority to enter into agreements with other Government
agencies.
NOW, THEREFORE, the USDA Forest Service acting by and through the Regional Foresters,
Intermountain Region, Ogden Utah, Northern Region, Missoula, Montana, and the Pacific
Northwest Region, Portland, Oregon; and the Idaho Outfitters and Guides Board acting by and
through its Chairman, agree as follows:
A. The Service agrees:
1. To accommodate resident and non-resident alike in the use and enjoyment of Idaho's
mountains, rivers, streams and the fish and game therein and the scenic and recreational
opportunities such resources provide for the American people, present and future.
2. To recognize outfitting and guiding as a viable Idaho industry deserving full consideration in
the forest
planning process and to unify, so far as feasible, Service policy and procedures governing the
outfitting and guiding industry on all National Forests in Idaho.
3. To recognize the Board as the state agency responsible for the administration of the
Idaho Outfitters and Guides Act (Title 36, Chapter 21, Idaho Code) and as further defined by
Rules and Regulations adopted pursuant thereto.
4. To communicate with the Board relating to the approval or denial of applications for
commercial outfitter and guide activities within the National Forest boundaries.
5. To inform and/or discuss with the Board problems relating to location or relocation of
reserved special-use campsites utilized by licensed outfitters.
6. To assist the Board in enforcement of State law governing outfitting and guiding by
reporting complaints, violations and/or unsatisfactory performance, and to advise the Board of
any convictions of outfitters or guides for violations of Federal law and/or regulations. Subject
to the availability, facilities, or transportation may be provided in support of enforcement
activities.
B. The Board agrees:
1. To recognize the Service as the land management agency responsible for
administration, management and use of National Forest System lands in accordance with
applicable law.
2. To communicate with the Service in resolving licensing conflicts relating to use and
administration of National Forest lands.
3. To notify the Service of any changes in outfitting and guiding licensing procedures in
the State of Idaho.
4. To notify the Service of proposed changes in rules, regulations, and policies of the
Board prior to public notifications when Service administration is involved.
5. To communicate with the Service in adjusting outfitter operations to insure proper
wildlife and other resource management.
6. To assist the Service in enforcement of Federal law and regulations governing
outfitting and guiding by reporting violations and/or unsatisfactory performance and to advise
the Service of any convictions of outfitters and guides for violations of Title 36, Chapter
21,Idaho Code.
7. To participate in developing performance review standards for Service Special Use
Permits and/or Operating Plans.
C. The Service and Board mutually agree:
1. To maintain close cooperation between Board and Service personnel with complete
interchange of information in matters of mutual interest.
2. To coordinate the permitting and licensing of activities on National Forest System
lands for outfitting and guiding purposes. The following procedures are established:
a. In the event of a proposed change of ownership of a licensed and permitted
business neither the Board nor the Service will reissue a license or permit to the new owner
without making prior contact with the other agency.
b. When a new outfitter business opportunity becomes available on National
Forest System lands, or an individual proposing an outfitter business initiates a license
application and/or special-use application, the agencies will coordinate their actions.
(1) In cases where a competitive interest is evident, the Board's
responsibility to license and the Service's responsibility to permit will be coordinated to insure
that the applicant, to the extent possible, is mutually acceptable to both agencies.
c. To the extent possible, there will be mutual agreement on amendments to
current licenses that affect both the Board and the Service.
d. A selection committee may be impanelled to assist the Board and Service in
any of the above sections (a, b, or c).
e. In cases of routine renewal where no change is involved and no compliance
problem exists the license and/or permit may be processed without consultation.
3. Hold joint meetings each year as needed between the Board and the Service to discuss
M.O.U. changes and other policy matters. The board will initiate and host in even years,
Service in the odd years.
4. To jointly identify and assess in accordance with applicable laws the kind and extent of
outfitter and guide activities, and associated uses of National Forest System lands and resources.
5. That nothing herein contained shall be construed as limiting or affecting in any way the
authority of the Service in connection with the proper administration and protection of the
National Forests in accordance with the purpose for which the lands were reserved or acquired
nor limiting or affecting the authority of the Board in administering the laws of the State of Idaho.
6. That this agreement shall become effective as soon as it is signed by the parties hereto
and shall continue in force until terminated by either party upon thirty (30) days' notice in
writing to the other.
7. That additions to, deletions from, and amendments to this agreement may be proposed
by either party and shall become effective upon approval by both parties.
8. This Memorandum of Understanding supersedes all previous M.O.U.'s pertaining to
agreements between the Service and the Board.
IN WITNESS WHEREOF, the parties hereto have caused this document to be executed
this 4th day of October
, 1985.
UNITED STATES FOREST SERVICE
September 24, 1985
Date
9/11/85
By /s/ John Chansler
JOHN CHANSLER
Acting Regional Forester
Northern Region
By
/s/ L. A.
Roederer
Date
for J. S. Tixier,
Regional Forester
Intermountain Region
10-4-85
Date
By
/s/ John W.
for Tom Coston
Regional Forester
Pacific Northwest
IDAHO OUTFITTERS AND GUIDES BOARD
8/15/85
Date
By /s/ Glen A. Foster
Chairman of the Board
AMENDMENT NO. 1
to
MEMORANDUM OF UNDERSTANDING
between
USDA FOREST SERVICE
and
IDAHO OUTFITTERS AND GUIDES BOARD
DATED OCTOBER 4, 1985
These pages may be viewed in hard copy in Directives section, Management Systems.
MONTANA WATER QUALITY MANAGEMENT PROGRAM
EXHIBIT 4
FS-01-87-04
MEMORANDUM OF UNDERSTANDING
to IMPLEMENT the
WATER QUALITY MANAGEMENT PROGRAM
on the
NATIONAL FORESTS
in the
STATE OF MONTANA
These pages may be viewed in hard copy in directives, management systems.
IDAHO WATER QUALITY PROGRAM
EXHIBIT 5
FS-01-88-15
MEMORANDUM OF UNDERSTANDING
IMPLEMENTING THE WATER QUALITY PROGRAM ON
THE NATIONAL FORESTS IN THE STATE OF IDAHO
This exhibit may be viewed in hard copy in directives, management systems.
EXHIBIT 6
MEMORANDUM OF UNDERSTANDING
BETWEEN
U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
AND
IDAHO DEPARTMENT OF HEALTH AND WELFARE
DIVISION OF ENVIRONMENT
Exhibit 6 may be viewed in hard copy in directives, management systems.
SOUTH DAKOTA WATER QUALITY PROGRAM
EXHIBIT 7
MEMORANDUM OF UNDERSTANDING BETWEEN THE FOREST SERVICE,
U.S. DEPARTMENT OF AGRICULTURE, THE SOUTH DAKOTA
DEPARTMENT OF WATER AND NATURAL RESOURCES, REPRESENTING
THE STATE OF SOUTH DAKOTA AND THE SIXTH DISTRICT COUNCIL
OF LOCAL GOVERNMENTS
Exhibit 7 may be viewed in hard copy in directives, management systems.
NORTH DAKOTA WATER QUALITY PROGRAM
EXHIBIT 8
MEMORANDUM OF UNDERSTANDING
TO IMPLEMENT THE
208 PROGRAM ON THE
NATIONAL GRASSLANDS
IN THE
STATE OF NORTH DAKOTA
Exhibit 8 may be viewed in hard copy in directives, management systems.
1561.62 - Forest Service Policy and Procedure
Soil Conservation Districts
1. When the Forest Service enters into a cooperative agreement with a soil conservation
district, the supplemental memorandum of understanding exhibit shown on pages 1561.62--2
through 1561.62--4, FSM amendment 32, dated August 1972, will be used.
2. The Forest Supervisor will negotiate with the governing body of soil conservation
districts within his Forest zone of influence, and approve supplemental memorandums of
understanding and related work plans.
3. When a Forest Supervisor enters into a supplemental memorandum of understanding,
the agreement will be completed in quintuplicate, two copies will be furnished to State and
Private Forestry, Regional Office, one copy will be sent to the State Conservationist, Soil
Conservation Service, one copy to the Soil Conservation District involved, and one copy retained
in the Supervisor's Office.
4. State and Private Forestry, Regional Office, will:
a. Send one copy to the Watershed Management Staff Unit, Washington Office.
b. Route one copy for review to the Office of Information, Recreation and Lands, Soil, Air
and Water, and Minerals and Geology Staff Units and retain in State and Private Forestry files.
5. Soil Conservation District Supplemental Memorandums of Understanding currently on file
in State and Private Forestry, Regional Office, by State are as follows:
MONTANA
DISTRICT
FOREST
DATE
Cascade
Flathead
Lincoln
Missoula
Broadwater
Jefferson Valley
Lewis and Clark
Bitterroot
Granite
Mile High
Park
Sweetgrass
Stillwater
Carbon
Box Elder
Rosebud
Gallatin Valley
Three Rivers
Madison
Ruby Valley
Beaverhead
Green Mountain
Lake County
North Powell
Deer Lodge Valley
Eastern Sanders Co.
Fergus
Judith Basin
Chouteau
Upper Musselshell
Meagher
Lower Musselshell
Lewis and Clark
Flathead
Kootenai
Lolo
Helena
Deerlodge
Helena
Bitterroot
Deerlodge
Deerlodge
Gallatin
Gallatin
Custer
Custer
Custer
Custer
Gallatin
Gallatin
Beaverhead
Beaverhead
Beaverhead
Lolo (Kaniksu)
Flathead
Helena
Deerlodge
Lolo
Lewis and Clark
Lewis and Clark
Lewis and Clark
Lewis and Clark
Lewis and Clark
Lewis and Clark
Dec. 13, 1956
March 6, 1957
April 4, 1957
April 29, 1957
May 8, 1957
May 8, 1957
May 8, 1957
May 15, 1957
June 6, 1957
June 25, 1957
June 9, 1959
June 12, 1959
June 19, 1959
July 29, 1959
Sept. 15, 1959
Dec. 16, 1959
Dec. 28, 1959
Jan. 27, 1960
Oct. 12, 1960
Nov. 23, 1960
Jan. 13, 1961
March 30, 1961
April 16, 1962
Dec. 16, 1963
Dec. 20, 1963
Sept. 3, 1964
Jan. 24, 1966
Feb. 1, 1966
Feb. 4, 1966
Feb. 17. 1966
Feb. 28, 1966
May 10, 1966
Clearwater
Idaho Panhandle
Idaho Panhandle
Idaho Panhandle
Idaho Panhandle
Clearwater
Nezperce
Nezperce
May 21, 1957
Sept. 7, 1961
Sept. 11. 1961
Oct. 12, 1961
Oct. 17, 1961
Nov. 9, 1961
Nov. 26, 1962
Dec. 3, 1962
IDAHO
Clearwater
Bonner
Kootenai
Boundary
Benewah
Latah
Prairie
Idaho
Nezperce
Salmon River
Clearwater
Nezperce
Dec. 10, 1962
Dec. 18, 1962
Custer
Custer
Custer
Custer
Custer
Custer
Aug. 12, 1957
July 18, 1960
Sept. 16, 1960
Oct. 31, 1960
Nov. 7, 1960
Dec. 19, 1960
DISTRICT
FOREST
DATE
Harding
West Corson
Perkins
Custer
Custer
Custer
June 15, 1959
Dec. 19, 1960
Dec. 19, 1960
NORTH DAKOTA
Bowman
Western
Golden Valley
Arnegard Alexander
Slope-Hettinger
Cedar
SOUTH DAKOTA
1561.9 - Transportation Agencies--Montana Board of Passenger Tramway Safety. Exhibit 1
displays the Memorandum of agreement between the State of Montana Board of Passenger
Tramway Safety and the USDA Forest Service, Northern Region, which regulates the
construction and operation of tramways in Montana
FS-01-90-06
Memorandum of Agreement
Between The
State of Montana Board of Passenger Tramway Safety
and the
USDA Forest Service, Northern Region
This Memorandum of Agreement is made as of this 4th day of April , 1990, between the
Board of Passenger Tramway Safety, in cooperation with the Department of Commerce, State of
Montana, herein called the Board, represented by the Chairman, and the United States
Department of Agriculture, Forest Service, herein called the Forest Service, represented by the
Regional Forester, Northern Region.
Whereas, the Memorandum of Agreement between the State of Montana Department of
Commerce and the Forest Service made the 4th day of March, 1988 is hereby terminated and
replaced by this agreement.
Whereas, the Passenger Tramway Safety Act, Section 23-2-701 thru 23-2-736 M.C.A., provides
that the State, through the Board, shall register all passenger tramways in the State, establish
reasonable standards of design, construction, and operational practices and cause to be made
such inspections as may be necessary in carrying this policy into effect. Passenger tramways
include aerial tramways and chair lifts, surface lifts, and tows, herein called lifts, as defined in
Section 23-2-702, M.C.A.
Whereas, the Board and Forest Service desire to cooperate in the establishment of reasonable
standards of design, construction, and operational practices and in inspecting lifts on National
Forest lands.
Now therefore, it is mutually agreed by the parties hereto, that:
1. The most recent issue of the American National Standard Requirements for Passenger
Tramways, ANSI-B77.1, shall apply as the reference standard governing design, construction,
maintenance, and operation of all lifts operating on lands under Forest Service administration.
The same reference standard shall be used as general guidelines for the Rules and Regulations of
the Board. Should either authority see a need to supplement, delete from, or otherwise amend
the referenced standard, the other will be consulted. If mutual agreement
cannot be reached, and such action results in conflicting requirements, the more restrictive shall
be applicable and will be enforced by the authority initiating the more stringent requirements.
2. Review and approval of lift location, design, and construction methods which are all or
partially on or over lands administered by the Forest Service shall be the responsibility of the
Forest Service and the Board may accept the same in lieu of it's own. The engineer responsible
for the design and/or construction of each installation must be qualified by the Board.
3. Prior to public operation, an annual general inspection will be made of each lift in
accordance with procedures and requirements established by the Board. The Forest Service
may exercise it's prerogative to make additional inspections at any time. For each lift which is
all or partially on or over lands administered by the Forest Service, the Board shall furnish a
copy of each inspection report directly to the Forest Service.
4. The area operator will report compliance with requirements of the general inspection
report to the Board prior to public operation of lifts partially or entirely on or over lands
administered by the Forest Service. A copy of the report of compliance submitted by the area
operator will be furnished to the Forest Service by the Board together with a copy of the Board's
approval or rejection of the passenger tramway to begin public operation. Deficiencies noted by
Forest Service personnel will be reported to the Board for appropriate action, provided that either
authority may take such action as it feels necessary in fulfilling its responsibility for public
safety.
5. A post-construction inspection and acceptance testing will be performed prior to public
operation of all new or modified lifts on or over lands administered by the Forest Service by an
engineer qualified by the Board, and observed by a representative of the Forest Service, using
procedures mutually acceptable to both authorities. A report of the inspection and testing
procedures will be prepared by the engineer qualified by the Board with a copy furnished to the
Board and the Forest Service. Authorization to begin public operation of lifts will originate
mutually with both authorities.
6. On all new or modified lifts on or over lands administered by the Forest Service, the
followup inspection of items that were found to be deficient in the post-construction inspection
will be documented by the qualified engineer and forwarded to the Board with a copy furnished
to the Forest Service.
7. In conjunction with the annual general inspection made of the existing lifts by an
engineer qualified by the Board, a listing of variances to the governing standard will be furnished
by the Board to the Forest Service, including the Board's recommendations, approval, or
disapproval of the variances and the recommended time that may be be granted to correct these
variances. The Board and the Forest Service will consult with one another regarding actions
taken. In the event that agreement cannot be reached, either party reserves the right to take
more stringent action than the other.
8. The Board will notify the Forest Service in writing immediately following any tramway
accident reported to the Board that occurs to a lift on lands administered by the Forest Service.
The Board and Forest Service will consult one with another on the conclusion drawn and
corrective measures prescribed.
9. This Memorandum is made subject to all applicable laws, regulations, and ordinances
and shall not in any way limit, surrender, or affect the jurisdiction, obligations, or responsibilities
of the parties hereto.
10. This agreement will remain in force until terminated and may be cancelled by either
party to the agreement by giving 60 days written notice, provided that it may also be amended or
modified by mutual written agreement by both parties hereto.
In witness whereof the parties hereto have signed this memorandum.
State of Montana
Board of Passenger Tramway Safety
Date
4/4/90
By
/s/ Timothy M. Prather
Chairman
United States Department of Agriculture
Forest Service, Northern Region
Date
4/13/90
By /s/ Christopher Risbrudt
Regional Forester