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FOREST SERVICE MANUAL
ROCKY MOUNTAIN REGION (R2)
DENVER, COLORADO
FSM1500 – EXTERNAL RELATIONS
CHAPTER 1580 – GRANTS, COOPERATIVE AGREEMENTS, AND OTHER
AGREEMENTS
Supplement No.: 1500-2004-1
Effective Date: February 4, 2004
Duration: This supplement is effective until superseded or removed.
Approved: RICK D. CABLES
Regional Forester
Date Approved: 01/20/2004
Posting Instructions: Supplements are numbered consecutively by title and calendar year.
Post by document; remove the entire document and replace it with this supplement. Retain this
transmittal as the first page(s) of this document. The last supplement to this title was 1500-99-1
to FSM 1581.1-1584.
New Document
1580
64 Pages
Superseded Document(s) by
Issuance Number and
Effective Date
1580-1581.06 (Supplement 1500-98-4, 11/2/98)
1581.1-1584 (Supplement 1500-99-1, 10/8/99)
1585-1587 (Supplement 1500-98-2, 6/1/98)
1585-1587,Ex.04-08 (Supplement 1500-98-3, 6/1/98)
4 Pages
4 Pages
22 Pages
35 Pages
Digest:
1580.41b – Identifies signatory and authority levels.
1580.42 – Removes obsolete direction regarding responsibilities of Grants and Agreements
Coordinators.
1580.5 – Removes obsolete direction regarding definitions of Grants and Agreements
Coordinators and Grants and Agreement Program Managers positions.
1580.7 – Provides a two-year waiver to meet Grants and Agreements Specialist certification
requirements.
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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FSM 1500 – EXTERNAL RELATIONS
CHAPTER 1580 – GRANTS, COOPERATIVE AGREEMENTS, AND OTHER AGREEMENTS
1580.41b – Regional Foresters, Station Directors, Area Director, Institute Director,
and Special Agents in Charge of Law Enforcement and Investigations
1. The Regional Forester and Deputy Regional Foresters are the designated signatory
officials with authority to enter into grants, cooperative agreements, and other agreements
(instruments) for programs under regional jurisdiction. This authority for regional and Regional
Office instruments is delegated to Regional Staff Directors for programs under their jurisdiction.
2. Forest Supervisors are designated as signatory officials to enter into grants,
cooperative agreements, and other agreements for programs under their jurisdiction. Authority
for other agreements may be redelegated in writing to District Rangers for programs under their
jurisdiction. Forest Supervisors may not redelegate signatory authority for grants and
cooperative agreements.
1580.7 – Grants and Agreements Certification
A two-level certification system establishes a standard of competency based formal training and
on-the-job experience for Grants and Agreements (G&A) Specialists. The Regional, Station,
Area, and institute Senior Procurement Official is delegated authority to certify G&A Specialists.
1. Certification Requirements.
d. Level I and Level II G&A Specialists as of October 1, 2003 are allowed two years
from that date to fully meet training requirements.
1584 - COLLECTION AGREEMENTS
1584.03 - Policy
1. The Forest Service may collect funds, called contributed funds, from a non-federal
cooperator to carry out a purpose authorized by law. When a collection agreement is
contemplated, a determination must be made regarding who is responsible for the work in order
to apply the correct collection authority. Apply these guidelines when making a determination:
a. A collection agreement entered into pursuant to the Small Tracts Act of January
12, 1983 shall cite the Granger-Thye Act of April 24, 1950 (16 U.S.C. 572) for cost
of appraisal, survey, and administration which is the responsibility of the applicant by
statute. All other work associated with the Small Tracts Act of January 12, 1983 is
the responsibility of the Forest Service, and the Cooperative Funds Act of 1914, as
amended (16 U.S.C. 498) shall be cited in the collection agreement for these items.
b. For all other cases, determine the responsibility for the work based on the
authorizing legislation, and on the situation itself. For Example: Providing
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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FSM 1500 – EXTERNAL RELATIONS
CHAPTER 1580 – GRANTS, COOPERATIVE AGREEMENTS, AND OTHER AGREEMENTS
information (such as soil data, archeological data, and so forth) in order to properly
evaluate a proposal for issuing a special-use permit would be the responsibility of the
applicant. Cite the Granger-Thye Act of 1950 (16 U.S.C. 572) in the collection
agreement if the Forest Service agrees to perform this work. Work related to
reviewing the analysis, making a decision, or preparing the special-use permit is the
responsibility of the Forest Service. If the applicant chooses to provide contributed
funds for such activities, cite the Cooperative Funds Act of 1914, as amended (16
U.S.C. 498). (See Campground Concession Desk Guide, USDA Forest Service,
10/97, for further guidance regarding entering into collection agreements with
concessionaires.)
2. The Cooperative Funds Act of 1914, as amended (16 U.S.C. 498) and the GrangerThye Act of 1950 authorize the Forest Service to collect contributed funds from a non-federal
party to perform authorized and permitted work. The work shall be accomplished by using
Forest Service employees, procurement contract, or other appropriate method. Forest Service
may perform the work by full-time, part-time, permanent or seasonal employees. Contributed
funds are deposited and spent in accordance with the authorized, signed collection agreement.
3. Contribution of funds is voluntary and not required, except for Small Tracts Act cases
as outlined above.
4. Contributed funds collected pursuant to the Cooperative Funds Act of 1914, as
amended (16 U.S.C. 498), shall be available for use in accordance with the following:
a. Cooperators who are holders of written Forest Service authorizations such as
permits and easements when there are proposed new or changed uses and
improvements. Collecting for costs of special studies, planning, preparing
environmental documents and monitoring are appropriate. Charges for Forest Service
normal functions including leave, training, routine continuing permit administration,
periodic monitoring, or any other continuing program of work must be covered by
appropriated funds. Contributed funds should generally not be used once a use or
facility has been accepted and included under the terms and conditions of the
authorization, or in the case of recreation special events, when the activity is
completed. Exceptions to this include when funds are necessary for follow-up
monitoring specified in an environmental document. For example, it is appropriate to
collect funds for new ski lift construction, to cover the cost of master planning,
environmental analysis and documentation, project oversight, plan review and
approval and monitoring. It would not be appropriate to collect funds once the lift
has been licensed and is in operation under the special use permit, except, for
example, when an environmental document requires monitoring specific to the
project.
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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FSM 1500 – EXTERNAL RELATIONS
CHAPTER 1580 – GRANTS, COOPERATIVE AGREEMENTS, AND OTHER AGREEMENTS
b. Cooperators who are not holders of written Forest Service authorizations. Use
contributed funds only for costs directly related to the project/work authorized in the
collection agreement.
5. Enterprise teams composed of Forest Service employees might be established in
which only partial funding is available for team member's expenses. The Cooperative Funds Act
of 1914, as amended (16 U.S.C. 498) and Granger-Thye Act of 1950 (16 U.S.C. 572) do not
authorize the Forest Service to compete for non-Forest Service work in either the public or
private sector. 62 Comptroller General Decision 678 states appropriations may not be
augmented with contributed funds or other sources unless specifically authorized by law.
6. Excess contributed funds should be refunded to the cooperator. If the cooperator
agrees that excess funds may be used by the Forest Service for another project, a new collection
agreement (or modification to an existing agreement) will be entered into in accordance with
statutory authority and prior to any work being performed. Retain excess funds in amounts of
forty dollars ($40.00) or less and deposit into the Treasury, miscellaneous receipts fund, and so
state in all collection agreements authorized by the Cooperative Funds Act of 1914, as amended
(16 U.S.C. 498) and the Granger-Thye Act of 1950 (16 U.S.C. 572).
1584.11 - Cooperative Funds Act of June 30, 1914, as amended by Public Law
104-127
1584.11a - General Requirements
6. Both the state of Colorado, Division of Wildlife, at the Annual Interagency Meeting
on April 2-3, 1981, and Colorado Trout Unlimited in their May 1, 1985 letter to the Regional
Forester, have advised the Forest Service that they are unwilling to be assessed overhead charges
when contributing funds. Any collection agreement, citing the Cooperative Funds Act as the
authority, entered into with either the Division of Wildlife or Colorado Trout Unlimited will
require the Forest Service to bear all overhead charges.
1586 - MEMORANDA OF UNDERSTANDING AND LETTERS OF INTENT
1586.03 - Policy
3. Exhibits 01 and 02 are sample memorandums of understanding for use in
documenting Forest Service and proponent coordinated activities relating to work of mutual
concern, interest, and responsibility.
Exhibit 03, 04, and 05 are memorandums of understanding to be followed when the Natural
Resource Conservation Service is involved in the construction, repair or rehabilitation of water
storage and transmission projects on National Forest System lands. The separate agreements
apply to the States of Colorado, Wyoming, and South Dakota.
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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FSM 1500 – EXTERNAL RELATIONS
CHAPTER 1580 – GRANTS, COOPERATIVE AGREEMENTS, AND OTHER AGREEMENTS
Exhibit 06 is a memorandum of understanding describing inspection responsibilities and
prescheduling of inspections of Forest Service dams and other cooperative efforts in the State of
Colorado. Implement this wherever applicable.
1586.03 – Exhibit 01
MEMORANDUM OF UNDERSTANDING
BETWEEN
AND
NATIONAL FOREST, USDA FOREST SERVICE
THIS MEMORANDUM OF UNDERSTANDING made and entered into by and between
, hereinafter referred to as the Applicant, and the Forest Service, U.S.
Department of Agriculture, hereinafter referred to as the Forest Service.
WITNESSETH:
WHEREAS, the Applicant desires to conduct seismic exploration on portions of
the
National Forest; and
WHEREAS, the Forest Service is required to prepare an environmental analysis for all policies,
plans, programs, and projects affecting resources, other land uses, or the quality of the physical,
biological, economic, and social environment; and the Forest Service further desires to prepare
an analysis suitable for evaluation of this and other seismic proposals on these same National
Forest System lands; and
WHEREAS, the Applicant desires to engage a consultant to participate in part of the
environmental analysis process and to prepare portions or parts of an environmental assessment
(EA); and
WHEREAS, the Applicant is permitted by the Forest Service to assess the environmental
impacts associated with the seismic exploration on the northern portion of the
National
Forest (excluding wilderness and areas administratively endorsed for wilderness designation),
and
WHEREAS, the Forest Service is authorized to permit the Applicant to prepare an environmental
assessment under the provisions of Forest Service Manual 1950.4, Responsibilities, Section 3, to
wit:
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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FSM 1500 – EXTERNAL RELATIONS
CHAPTER 1580 – GRANTS, COOPERATIVE AGREEMENTS, AND OTHER AGREEMENTS
1586.03 – Exhibit 01--Continued
"When an applicant is permitted to prepare an environmental assessment,
or a contractor is employed to prepare an environmental impact statement,
their activities shall be limited to those shown as the usual roles of the
interdisciplinary team (see FSM 1951). Applicants or contractors must
comply with requirements of FSM 1950."
NOW, THEREFORE, in consideration of the above premises, the parties agree as follows:
A.
B.
The Forest Service shall:
1.
Formally approve the consultant and the personnel involved in the project.
2.
Furnish the following information:
a.
A Preliminary Scoping Statement (defined as in initial announcement to
publics of an environmental analysis action, the response to which aids in
identifying issues and concerns and helps to determine the specialists necessary
for the interdisciplinary team) for public distribution and for use by the
consultant by
b.
A biological assessment to determine if the proposal "may affect" threatened
and endangered species.
c.
The following items within subsection 40 CFR 1502.10:
(1)
(2)
(3)
(4)
(5)
sent.
(6)
Cover Sheer
Summary
Table of Contents (outline format of EA)
Alternatives, including proposed action. Will be done jointly with consultant.
List of agencies, organizations and persons to whom copies of assessment are
d.
A list of interdisciplinary resource data which is needed by the disciplines.
Appendix. Will be done jointly with consultant.
The Applicant shall:
1.
Contract with a consultant that has no financial interest in the project. The consultant
selected bt the Applicant shall execute a disclosure statement prepared by the
principal consultant, specifying that the consultant and specialists involved have no
interest in the outcome of the project (40 CFR 1506.5c).
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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FSM 1500 – EXTERNAL RELATIONS
CHAPTER 1580 – GRANTS, COOPERATIVE AGREEMENTS, AND OTHER AGREEMENTS
1586.03 – Exhibit 01--Continued
2.
Furnish, through their consultant, the following information:
a.
Interdisciplinary resource data gathered by the consultant and identified in the
Preliminary Scoping Statement, and referred to above in Item A, Section 2c.
3.
Prepare, compose, and type the draft document (EA). Not to include the
FONSI/Decision Notice.
4.
Furnish to the Forest Service the credentials of specialists to be used on the project.
5.
The following items within subsection 40 CFR 1502.10:
(1) The purpose of and need for action.;
(2) Alternatives, including environmental impacts of the proposal and the
alternatives in comparative form, thus sharply defining the issues (see 40 CFR
1502.14). Will be done jointly with the Forest Service.
(3) Affected environment
(4) Environmental consequences
(5) List of preparers and their qualifications
(6) Appendix. Will be done jointly with the Forest Service. The consultant will
prepare and arrange appendix material and add to EA.
C.
It is MUTUALLY AGREED and Understood by and Between the Said Parties That;
1.
2.
3.
The Forest Service and Applicant will appoint respective representatives in order to
coordinate this assessment.
Forest Service shall monitor the work of the consultant hired by the Applicant to
assure that requirements of the National Environmental Policy Act are met.
This Memorandum of Understanding may be modified by the parties hereto or by
mutual agreement by providing thirty (30) days written notice. Unless terminated by
written notice, this memorandum will remain in force until
.
IN WITNESS WHEREOF, the Parties hereto have executed this memorandum as of the last date
written below.
FOREST SUPERVISOR
(APPLICANT)
NATIONAL FOREST
DATE
DATE
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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FSM 1500 – EXTERNAL RELATIONS
CHAPTER 1580 – GRANTS, COOPERATIVE AGREEMENTS, AND OTHER AGREEMENTS
1586.03 - Exhibit 02
MEMORANDUM OF UNDERSTANDING
between
The United States Forest Service
Pike and San Isabel National Forests,
The United States Army Corps of Engineers,
And
The City of
, Colorado, Applicant
I.
INTRODUCTION AND PURPOSE:
The applicant has applied to the Forest Service for an easement under F.L.M.P.A. to site a dam
and reservoir on approximately 700 acres of National Forest System lands along Tarryall Creek
in Park County. The Applicant will also apply to the Corps of Engineers for a permit under
Section 404 of the Clean Water Act of 1977.
The Forest Service and the Corps of Engineers have determined that an Environmental Impact
Statement (EIS) must be prepared prior to making a decision on the applications.
The Forest Service and the Corps of Engineers have agreed that the Forest Service shall act as
lead agency and supervise the preparation of the EIS, and the Corps of Engineers shall act as
cooperating agency.
The Forest Service and the Applicant desire that the EIS preparation process be conducted in a
timely and expeditious manner, as more fully detailed herein. To facilitate that objective, this
Memorandum of Understanding establishes conditions, time frames, and procedures for
cooperative preparation of the EIS.
The Regional Forester is the responsible official for making the Decision with respect to the
easement and filing the EIS. The Forest Supervisor is responsible for conducting and managing
the preparation of the EIS. All contacts by the Contractor and the Applicant shall be through the
Forest Supervisor.
This Memorandum of Understanding and actions taken under it do not in any way commit the
U.S.F.S. or the Corps of Engineers to make a decision favorable to the Applicant.
THIRD PARTY APPROACH - GENERAL
II.
PROVISIONS:
The Forest Service and the Applicant agree to utilize the "Third Party" EIS preparation approach.
The Applicant shall solicit proposals from qualified contractors for preparation of the EIS. The
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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FSM 1500 – EXTERNAL RELATIONS
CHAPTER 1580 – GRANTS, COOPERATIVE AGREEMENTS, AND OTHER AGREEMENTS
1586.03 – Exhibit 02--Continued
Forest Service and the Corps of Engineers shall participate in the review and analysis of
proposals submitted, including interview(s) of prospective contractors and contractor personnel,
and shall generally assist the Applicant in the selection process. Based upon such process, the
Applicant shall submit a proposed contractor to the Forest Service, for approval. The Forest
Service shall be responsible for specifying the information to be developed in the EIS, and shall
supervise the gathering, analysis, and presentation of the information. The Forest Service and
the Corps of Engineers shall have sole authority and approval for modification of the statements,
analyses, and conclusions included in the EIS. The Forest Service and the Corps of Engineers
shall have ultimate responsibility for assuring compliance with the requirements of the National
Environmental Policy Act of 1969 (NEPA), and CEQ Regulations adopted pursuant thereto,
appearing in 40 CFR 1500 - 1508 and the Forest Service Manual and Handbook, for their
respective authorities.
III.
SELECTION OF THE CONTRACTOR (THIRD PARTY):
Using the procedure outlined in Section II of this Memorandum, the Applicant shall be
responsible for identifying objective contractors who are qualified to prepare the EIS. The
Applicant will submit the qualifications of the identified contractors to Forest Service and the
Corps of Engineers for evaluation. Within 10 working days after submittal by Applicant, the
Forest Service and the Corps shall select or reject, based on its evaluation of the contractors'
qualifications. A contractor must meet the following minimum criteria:
1. The contractor must have demonstrated expertise, technical competence, and
capability for evaluating the physical, biological, economic, and social factors related to the
proposed action.
2. The contractor must have a good record of performance on contracts with
Government agencies or public bodies, and with private industry, including satisfactory
performance in such areas as control of costs, quality of work, and ability to meet schedules.
3. The contractor must have the capacity to perform the work (including any specialized
services) within the time limitations, considering the contractor's current and planned work load.
4. The contractor must have demonstrated familiarity with types of problems applicable
to the project.
5. The contractor must have demonstrated ability to produce thorough, readable, and
informative documents.
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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FSM 1500 – EXTERNAL RELATIONS
CHAPTER 1580 – GRANTS, COOPERATIVE AGREEMENTS, AND OTHER AGREEMENTS
1586.03 - Exhibit 02--Continued
6. The contractor must have demonstrated expertise in working with the National
Environmental Policy Act (NEPA) (PL 91-190), all other Federal environmental laws and
regulations, and any applicable state or local laws and regulations.
7. The contractor must be objective, must have no financial or other interest in the
outcome of the application for the easement, and must be willing to execute a conflict of interest
and objectivity certification in substantially the form attached hereto.
8. The contractor must be readily available to the Pike and San Isabel National Forests'
headquarters for consultation and meetings.
9. The Forest Service shall be provided with a copy of the proposed form of contract to
be entered into for performance of the environmental assessment. Prior to execution of said
contract, Applicant shall obtain Forest Service approval of said contract, as being in compliance
with this Memorandum of Understanding and as including performance of work necessary to
assure compliance with requirements of the National Environmental Policy Act of 1969. Upon
completed execution of the agreement, Applicant shall provide the Forest Service with an
executed copy thereof. Forest Service review of the proposed form of contract shall be
completed within 10 working days after receipt thereof.
IV. GENERAL DESCRIPTION OF CONTRACTOR'S RESPONSIBILITIES:
The contractor will conduct a scoping process (pursuant to 40 CFR 1501.7) under the direction
of the Forest Service. At the end of the process, the contractor shall prepare a scoping statement,
identifying the significant issues and concerns related to the proposed action, and submit it to the
Forest Service for evaluation. The scoping statement shall be simultaneously submitted to the
Applicant for review and comment. The Forest Service shall, in consultation with the Corps of
Engineers, determine the scope and content of the EIS and shall jointly prepare a detailed study
plan to guide the NEPA process. Said determination and detailed study plan shall be completed
within 45 days after submittal of the contractor's scoping statement.
Part I of the study plan will establish criteria and standards such as the following items:
1.
The kind, detail, and accuracy of data.
2.
The depth or level of analysis.
3.
The formulation and evaluation of alternatives.
4. The determination of whether the environmental consequences of the proposed action
are significant.
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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1586.03 - Exhibit 02--Continued
Part II of the study plan will address procedural matters such as:
1.
Length and detail of documentation.
2.
Format and content of documents.
3.
Coordination of efforts and exchange of information.
4.
Procedures for review, comment, and revisions of sections of the EIS.
5.
Procedures for release and disclosure of data and information.
6.
Establishing a schedule for completion of the draft and final EIS and sections thereof.
7. Procedures responding to comments received during the draft EIS review and
comment period.
8.
Procedures for modifying the study plan.
The contractor will be responsible for preparing the draft and final EIS in accordance with the
conditions and guidelines set forth in the study plan and as directed by the Forest Service and the
Corps of Engineers, in order to comply with the NEPA and CEQ Regulations adopted pursuant
thereto at 40 CFR 1500 - 1508, the Forest Service Manual and Handbook, and the Corps of
Engineers 404(b) Guidelines.
V.
RESPONSIBILITY FOR COSTS:
All costs incurred with the employment of the contractor shall be the sole responsibility of the
Applicant, and the Applicant agrees to hold harmless and indemnify the Forest Service with
respect to any and all claims, demands, cause(s) of the action, and the like, which may arise from
the performance of the work, or from purchases of materials by contractor, or any services
utilized in the preparation of the EIS. Applicant shall make no claims against the U.S.F.S. or the
Corps of Engineers for any costs arising from the work of the Contractor.
The Applicant shall be responsible for the costs of printing and reproducing copies of the draft
and final EIS and shall furnish the Forest Service with 500 copies of each document for use and
distribution.
In the event of a challenge to the legality or adequacy of Forest Service compliance with the
National Environmental Policy Act of 1969, or compliance with CEQ regulations adopted
pursuant thereto under 40 CFR 1500 - 1508 and the Forest Service Manual and Handbook, for
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DURATION: This supplement is effective until superseded or removed.
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1586.03 - Exhibit 02--Continued
the City of Thornton's proposed reservoir project, the Applicant shall cooperate and shall provide
by contract that the contractor will also cooperate in the defense of any such challenge, it being
understood that the primary responsibility for defense of any such action will rest with the Forest
Service. Nothing herein shall be deemed to preclude Applicant from instituting such a challenge.
VI. SCHEDULING FOR ANALYSIS AND REVIEW:
The parties agree to employ diligent efforts and adhere to various schedules specified herein.
Nothing in this clause shall affect the rights and liabilities of any party hereto under local, state
or federal laws. Performance of federal obligations hereunder is subject to appropriations of
Congress.
VII. MISCELLANEOUS:
A. The parties have identified the below named individuals as their representatives for
purposes of all notices, communications and contact required by this Memorandum of
Understanding:
1. Applicant:
2. U.S.F.S.
3. C.of Eng.
B. All requests for authorization to occupy or conduct investigations upon National
Forest lands shall be made to the District Ranger, Fairplay, Colorado.
C. Termination. This Memorandum of Understanding may be terminated upon 30 days
written notice by either party.
D. Amendment. This agreement may be amended or modified at any time by mutual
written agreement of the parties.
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EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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1586.03 - Exhibit 02--Continued
U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
PIKE AND SAN ISABEL NATIONAL FORESTS
By:
Forest Supervisor
U.S. ARMY CORPS OF ENGINEERS
By:
District Engineer
APPROVED
THE CITY OF
,
acting by and through its Utilities Board
By
Utilities Director
Utilities Attorney
Chairman, Utilities Board
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DURATION: This supplement is effective until superseded or removed.
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1586.03 - Exhibit 02--Continued
SAMPLE
ATTENTION:
FALSE STATEMENTS IN THE FOLLOWING CERTIFICATION ARE
PUNISHABLE BY FINE AND IMPRISONMENT (U.S. CODE, TITLE 18,
SEC. 1001). READ THE CERTIFICATION CAREFULLY BEFORE
COMPLETION AND EXECUTION.
CONFLICT OF INTEREST AND OBJECTIVITY CERTIFICATION
I CERTIFY that
, prospective Contractor for preparation
of an EIS on the Application to the USDA, USFS, for USDA Easement, by the City of Thornton,
1.
Has no financial or other interest in the outcome of the Application;
2. Is not subcontracted for any work related to this Easement Application to the firm
responsible for the engineering and design of facilities that may be proposed in relation to this
Easement Application;
3. It is not affiliated with, or a subsidiary of, the firm responsible for the engineering and
design of facilities under this Easement Application;
4. It is not financially dependent upon the Easement Applicant or the firm responsible
for the engineering and design of facilities under this Easement Application; and
I FURTHER CERTIFY that I have been duly authorized by the firm to execute this
Certification on its behalf, and that all of the statements made herein are true, correct and
complete, to the best of my knowledge and belief, and are made in good faith.
Signature
Date
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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1586.03 - Exhibit 03
UNITED STATES DEPARTMENT OF AGRICULTURE
MEMORANDUM OF UNDERSTANDING
between
U.S. FOREST SERVICE
and
SOIL CONSERVATION SERVICE
Re: Planning and Installation of Water Storage and Transmission Projects on Land
Administered by the U.S. Forest Service in the State of Colorado.
PURPOSE
The purpose of this memorandum of understanding is to provide liaison coordination and
procedure between the Soil Conservation Service (SCS) and the Forest Service (FS) in Colorado
when the SCS is involved in projects of construction, repair, or rehabilitation of water storage or
water transmission facilities on lands administered by the U.S. Forest Service in Colorado.
This memorandum applies to all programs administered by the SCS in Colorado and is separated
into two sections where procedures for projects covered under Public Law 566, RC&D projects
and projects covered as CO1 (PL 46) projects differ. (Ref. Forest Service Manual (FSM)
7503.12, Item 2).
A. GENERAL RESPONSIBILITIES
1.
The Soil Conservation Service has technical responsibility for the design and construction
of dams and other structures to be built under certain programs administered by the
Agricultural Stabilization and Conservation Service (ASCS) and SCS in cooperation with
Conservation Districts. Water storage and transmission projects which will occupy
National Forest System lands must satisfy certain Forest Service requirements.
The State Conservationist of the SCS has full responsibility for seeing that SCS procedures
established herein are carried out.
2.
In all programs of both Services, which involve mutual interests, it is imperative that each
agency inform the other at the very inception of a potential project so that joint progress
can be maintained. The Soil Conservation Service (SCS) will discuss with the Forest
Service all potential projects they believe to be feasible, involving National Forest land,
before they are presented or suggested to any local users or groups for consideration.
Communications between agencies may take place as follows:
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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CHAPTER 1580 – GRANTS, COOPERATIVE AGREEMENTS, AND OTHER AGREEMENTS
1586.03 - Exhibit 03--Continued
Forest Service
Regional Forester
Director of Engineering
Forest Supervisor
Forest Engineer
District Ranger
Soil Conservation Service
State Conservationist
State Conservation Engineer
Area Conservationist
Area Engineer
District Conservationist (DC)
Intra-agency notification shall be in accordance with policies of each Service. When local
sponsoring organizations propose projects under certain programs administered by the
ASCS, and/or SCS, or Forest Service that are of mutual concern, each Service for its sphere
of influence, will jointly assist in developing the project's application. The Forest Service
shall be notified and invited to participate in all such activities upon or affecting National
Forest System lands. The Soil Conservation Service will be notified and invited to
participate in all such activities that may involve both National Forest and private land.
In those programs where one agency has leadership, the other Service will be kept
informed and invited to participate in (1) public information meetings, (2) meetings with
Sponsors, (3) environmental meetings, (4) investigations, and (5) planning of the project.
Environmental evaluation will begin as soon as probable areas affected by the project
proposal can be identified. The District Ranger will furnish a copy of the Forest Service
position statement or Phase I Environmental Analysis (EA) to the District Conservationist.
This will be incorporated into the SCS environmental assessment and, later, the
environmental statement if required.
3.
The Forest Service has full responsibility for establishing minimum requirements as
standards to protect Forest features for dams and other water transmission projects to be
constructed, reconstructed and maintained on lands within the National Forests. Its
operations are conducted under the guidelines and principles of the Multiple Use Sustained
Yield Act of June 12, 1960, PL-86-517; and the National Environmental Policy Act of
1969. Therefore, careful consideration must be given to the relationship of the proposed
project to all aspects of the management of forest resources. It is the responsibility of the
Forest Service to explain these guidelines and principles to the Sponsors as they affect the
project.
4.
PL 566 Projects - The Forest Service has responsibility for approving project locations,
which must be authorized by special use permit or other instrument. The Sponsors thus
assume all the responsibilities of the authorizing instrument. The Forest Service may
request that plans and specifications be submitted to them for review.
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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FSM 1500 – EXTERNAL RELATIONS
CHAPTER 1580 – GRANTS, COOPERATIVE AGREEMENTS, AND OTHER AGREEMENTS
1586.03 - Exhibit 03—Continued
5.
RC&D and CO1 Projects - The Forest Service has the responsibility for approving project
locations and review and approval of detailed plans and specifications. It must authorize
the use by special use permit or other instrument. The Sponsor thus assumes all the
responsibilities of the authorizing instrument.
Procedures outlines in this memorandum supplement SCS Engineering Memorandum 41
(Rev.) and TITLE 7500 of the Forest Service Manual (FSM).
The following procedure will be used by SCS and FS personnel for the projects herein
concerned:
1.
2.
PL 566 Projects
a.
The SCS will be responsible for meeting the requirements of the National
Environmental Policy Act (NEPA) pursuant to PL 91-190.
b.
Forest Service engineering review and certification of design is not required unless
specifically requested by the Forest Service.
c.
The SCS will keep the Forest Service informed of projects which affect National
Forest lands.
d.
PL 566 projects will follow the requirements of the law, the SCS Watershed Planning
Handbook, and in general, the procedures described herein.
RC&D and CO1 Projects and ASCS Projects Having Plans and Specifications Prepared by
the SCS.
a.
The Forest Service will be responsible for meeting requirements of NEPA pursuant to
PL 91-190 as the project affects National Forest lands.
b.
Forest Service engineering review and certification of design is required.
c.
The SCS will keep the Forest Service informed of projects which affect National
Forest lands.
d.
As soon as a project concept has been developed, a project proposal meeting will be
arranged by the SCS at which the general scope and involvement of the project will
be explained to the Sponsor by FS and SCS personnel.
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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FSM 1500 – EXTERNAL RELATIONS
CHAPTER 1580 – GRANTS, COOPERATIVE AGREEMENTS, AND OTHER AGREEMENTS
1586.03 - Exhibit 03--Continued
3.
e.
The Sponsor must make application to the Forest Service for a special use permit for
the proposed project. A "statement of need" (FSM 2712, R2 Supplement) should
accompany the special use application and should be a concise basic statement as to
why the applicant needs the project and the benefits to be derived from the project.
Exhibit A illustrates a special use permit application and Exhibit B illustrates a
typical statement of need.
f.
The District Ranger will prepare a Phase I Environmental Analysis (EA) and will
make recommendations to the Forest Supervisor regarding the suitability of the
project, the tentative hazard classification for dams, and future planning and
development criteria. The Phase I Environmental Analysis will serve as the basis for
tentative approval or disapproval of the project.
g.
The Forest Service will notify the Sponsor in writing, as to the general acceptability
of the proposed project. If acceptable, the Forest Service will issue a special use
permit for site survey and investigation.
h.
When the sponsor is notified that the project concept is approved, the District
Conservationist (DC) will arrange a meeting between the Sponsor, the Forest Service,
the Colorado Department of Natural Resources - Wildlife, and the Soil Conservation
Service (the District Ranger, a staff engineer from the FS Supervisor's Office, and an
SCS engineer assigned to the project by the Area Conservationist or appropriate
members of the Watershed Planning Party of SCS will normally attend). Discussions
will include: (1) required approvals; (2) time requirements; (3) tentative hazard
classification of dams; (4) access to the project; (5) general requirements for location
of borrow areas; (6) possible potential requirements concerning conservation pool
size and maximum and minimum discharge releases; (7) spillway, outlet works, and
other installations requiring erosion control measures; (8) responsibilities of the
Sponsor as set forth in the District Ranger's multiple use management plan and Phase
I Environmental Analysis; (9) responsibility of the Sponsor to provide adequate
construction inspection; and (10) special use permit for surveys or site investigations.
ASCS Projects Having Plans and Specifications Prepared by Private Engineers
a.
Paragraphs a, b, c, e, f and g as noted above under item B(2) also apply to these
ASCS projects. In addition, the following procedures apply.
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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CHAPTER 1580 – GRANTS, COOPERATIVE AGREEMENTS, AND OTHER AGREEMENTS
1586.03 - Exhibit 03—Continued
b.
The SCS will be responsible for reviewing the appropriate ASCS referral form for the
above type of dam, and will certify to the ASCS, the need and feasibility of the
proposal.
c.
The SCS will notify the Forest Service of the proposed project and will include the
approximate date of planned construction if available.
d.
The Forest Service will be responsible for supervision of construction. Upon
completion of the dam, the Forest Service will notify the appropriate SCS office in
writing, that the dam has been constructed in accordance with approved plans and
specifications.
e.
The SCS will contact the private engineer to determine if approval of the State
Engineer's Office has been received and to obtain the final quantities used in the dam.
f.
The SCS will then certify completion of the dam to the ASCS.
The above procedure will be followed on all dams participating in ASCS within Forest Service
lands in Colorado where plans and specifications are prepared by private engineers.
C. PRELIMINARY SURVEYS AND INVESTIGATIONS
1.
The following steps apply to all projects:
a.
Sufficient surveys will be made to establish and maintain preliminary centerlines,
controlling elevations, and preliminary cost estimates. The appropriate capacity,
tentative spillway location, drainage area and surface geologic characteristics of water
impoundment structures should be determined. If it will be required to clear brush
and trees for these and subsequent surveys such as clearing must be done in
accordance with the special use permit for site investigations and surveys; usually by
hand methods, and only to the extent essential to the survey work.
b.
Arrangements will then be made for a preliminary geological investigation report if
required. It will include foundation and borrow pit drilling and sampling. All
necessary work needed for access of drilling equipment to the site shall be in
accordance with the special use permit for site investigations and surveys or
otherwise established by the FS prior to the activity.
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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CHAPTER 1580 – GRANTS, COOPERATIVE AGREEMENTS, AND OTHER AGREEMENTS
1586.03 - Exhibit 03--Continued
c.
During the course of the geological investigation, special attention will be directed
toward any indication that historical or archeological materials exist or may be
present in the proposed reservoir or other construction area. If evidence of such
material is observed, the FS District Ranger shall be notified immediately by the DC.
d.
The FS will, in accordance with Archeological and Historical Data Conservation Act
of 1974, give written notice to the Secretary of the Interior for any project for which
such notice is required. In case of the discovery of historical or archeological
antiquities, examination of said antiquities will be at the expense of the Sponsor or, in
the case of PL 566 projects, the SCS.
The Sponsor and/or SCS shall provide a complete inventory, evaluation and report of
archeological and historical values on lands to be disturbed or occupied. This will be
prepared by an archaeologist, acceptable to the authorized Forest Officer and the
State Historic Preservation Officer, in advance of any surface disturbance or
occupancy.
e.
2.
The Forest Service will be responsible for coordinating joint surveys with the
Colorado Department of Natural Resources - Wildlife, the Fish and Wildlife Service,
and SCS in the application of the provisions of the Fish and Wildlife Coordination
Act. The Fish and Wildlife Service is responsible for writing a report. Such
recommendations as result from the surveys, with the concurrence of the Colorado
Department of Natural Resources - Wildlife, will be forwarded for inclusion in a
report by the Fish and Wildlife Service.
The following steps apply to CO1 and RC&D projects:
a.
The SCS office with responsibility for engineering planning of the project will
prepare a report of preliminary surveys and investigations covering the following
items:
(1)
Name of project and location including purpose and general plan of operation.
(2)
Name and address of Sponsor.
(3)
The tentative administrative category and tentative hazard classification, in
accordance with paragraphs 7511.1 and 7511.2 of TITLE 7500, FSM. The height of
dam, surface area and storage capacity of reservoirs and capacity of channels.
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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FSM 1500 – EXTERNAL RELATIONS
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1586.03 - Exhibit 03--Continued
(4)
Copy of the feasibility study including any geological investigation reports made, the
proposed borrow areas, and a summary of any evidence that historical or
archaeological materials exist or may be present in the proposed reservoir area.
(5)
Inflow and outflow design hydrographs proposed (see FSM 7524.3 for hydrograph
criteria) including any hydrologic data, computations, and assumptions employed to
determine the hydrographs.
(6)
Type of outlet conduit, type of spillways proposed for impounding structures, and
their tentative location.
(7)
Type of channel, pipe or conduit or other structures proposed and tentative locations.
(8)
Pollution prevention and control measures proposed.
b.
The District Conservationist will send two copies of this report to the FS District
Ranger and one to the State Conservation Engineer of SCS.
c.
If the information and technical data supplied by the report are adequate for the
preparation of the Phase II, Environmental Analysis (EA), and the final
Environmental Impact Statement (EIS) (if the latter is required), the District Ranger
will send copies of these reports, together with the SCS Engineering Report, through
the Forest Supervisor to the Regional Forester for review and final approval. The
environmental reports will include the hazard classification for dams and will make
recommendations to the Forest Supervisor for conditions of construction and
occupancy. If the SCS report is not adequate for the above, the District Ranger will
immediately request the additional required data. Final design and preparation of
plans and specifications for the project must be done within the guidelines and
requirements of the Phase II EA and/or EIS.
d.
The FS will review the report of preliminary surveys and investigations prepared by
the SCS in conformance with the conditions and findings contained in the approved
Phase II Environmental Analysis. The FS will notify the District Conservationist in
writing of the hazard classification; design requirements, including inflow design
hydrographs; required pollution abatement measures; and any special conditions
applicable to the project or its appurtenances. These requirements and conditions will
be incorporated in the plan of operation for the project and included in detailed
design, plans, and specifications.
e.
The Sponsor will obtain the review and recommendations concerning pollution
prevention and controls for the project from the Environmental Protection Agency.
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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1586.03 - Exhibit 03--Continued
f.
3.
4.
The Sponsor will obtain all permits and certifications required by Federal, State or
local Environmental Protection Acts or Regulations.
The following steps apply to PL 566 Projects:
a.
The FS will notify the District Conservationist in writing of the required pollution
abatement measures and any special conditions applicable to the project or its
appurtenances including any needed changes or adjustments as a result of Forest
Service environmental reviews. These requirements and conditions will be
incorporated int he plan of operation for the project and included in detailed design,m
plans and specifications when the project is authorized for planning assistance.
b.
The SCS will secure EPA review and recommendations and submit them to the FS.
c.
The SCS will verify that the Sponsor has obtained the required State of Colorado
permits or certifications.
d.
The SCS will develop a Project Work Plan and Environmental Assessment or
Environmental Impact Statement. These documents and their supporting data will be
the basis for the issuance of a construction stage special use permit.
The following steps apply to ASCS Projects for dams having plans and specifications
prepared by private engineers.
a.
After certification of the project by SCS, the private engineer will prepare and submit
3 copies of the preliminary plans to the Forest Service for review.
b.
The Forest Service will transmit one copy of the plans along with review comments
to SCS.
c.
Upon completion of review one copy of the preliminary plans will be returned to the
private engineer along with both SCS and Forest Service review comments, including
any needed changes or adjustments as a result of Forest Service environmental
analyses and reviews.
d.
The Sponsor will obtain all permits and certifications required by Federal, State or
local Environmental Protection Acts or Regulations.
D. PREPARATION OF DETAILED PLANS AND SPECIFICATIONS
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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FSM 1500 – EXTERNAL RELATIONS
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1586.03 - Exhibit 03--Continued
1586.03 - Exhibit 03--Continued
1.
After approval of the work plan or operations plan, depending upon the program involved,
the DC and/or private engineer will arrange for detailed field surveys for design, soil
sampling and additional geologic investigations as necessary.
2.
The SCS and/or private engineer will then develop detailed plans, specifications and cost
estimates.
E. REVIEWS AND APPROVALS OF DETAILED PLANS AND SPECIFICATIONS
1.
2.
The following steps apply to PL 566 Projects:
a.
The Area Conservationist will transmit three copies of preliminary plans to the Forest
Supervisor's Office requesting his or her review and comments.
b.
The State Conservation Engineer will consider changes suggested as a result of Forest
Service Engineering review.
c.
The State Conservation Engineer will transmit six copies of final plans, specifications
and cost estimates to the Forest Supervisor for internal distribution and use.
The following steps apply to RC&D and CO1 Projects and ASCS Projects Having Plans
and Specifications Prepared by the ASCS.
a.
The SCS Engineer will review the preliminary plans, specifications, and cost estimate
with the Sponsor. The Sponsor will indicate acceptance of the plans with his
signature.
b.
The SCS Area Engineer will transmit preliminary copies of the detailed plans and
specifications, design notes (including hydrology computations, cost estimate, and
pertinent related information) to the State Conservation Engineer for review.
c.
The State Conservation Engineer will submit three copies of the preliminary plans
and specifications, design notes, cost estimate and technical reports to the Forest
Supervisor's Office for review and comments and approval. Design notes should
include structural and hydraulic design and computations.
d.
The Forest Supervisor will obtain Regional Forester review and comment for all
Class A, high and moderate hazard Class B, and high hazard Class C projects. (These
classifications as per Chapter 7510 of Forest Service Manual.)
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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FSM 1500 – EXTERNAL RELATIONS
CHAPTER 1580 – GRANTS, COOPERATIVE AGREEMENTS, AND OTHER AGREEMENTS
1586.03 - Exhibit 03--Continued
3.
e.
The State Conservation Engineer will arrange with the SCS Area Engineer for any
needed adjustments in the plans and specifications and for preparation of final plans
and specifications following FS approval or requested changes.
f.
The State Conservation Engineer will transmit three copies of final plans and
specifications to the Forest Supervisor who will forward two copies to the Regional
Forester for review and approval.
g.
When the Regional Forester has indicated his approval, he will notify the SCS in
writing.
h.
The State Conservation Engineer will transmit six copies of signed, final plans and
specifications to the Regional Forester for approval signature and distribution. These
may be photo-static copies.
i.
Signatures on final plans and specifications will consist of the following:
(1)
of Sponsor in cases of individual or informal group.
(2)
of authorized representative(s), if a legal organization.
(3)
of a Registered Engineer, when requested by the Colorado State Engineer.
(4)
of State Engineer of Colorado, when requested by the Colorado State Engineer.
(5)
of the SCS employee having engineering job approval authority for the project under
SCS State Policy.
j.
The State Conservation Engineer will transmit adequate working copies of final plans
and specifications to the District Conservationist for use of the Sponsor in contracting
or otherwise constructing the work.
k.
Construction will not be started on any project until the Sponsor is notified in writing
of approval of plans by the Regional Forester and a special use permit for
construction has been issued.
The following steps apply to ASCS projects for dams having plans and specifications
prepared by private engineers:
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EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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a.
The private engineer will submit three copies of the final plans and specifications
incorporating any changes noted in the preliminary review to the Forest Service.
1586.03 - Exhibit 03--Continued
b.
The Forest Service will notify both the SCS and the private engineer in writing when
plans are approved.
c.
The private engineer will transmit six copies of signed, final plans and specifications
to the Forest Service for approval signature and distribution. The plans shall be
approved by the Colorado State Engineer prior to submission to the Forest Service.
d.
Construction will not be started on any project until the Sponsor has been notified in
writing that the plans have been approved and a special use permit for construction
has been issued.
F. CONSTRUCTION SCHEDULE (ALL PROJECTS)
1.
The Proponent will provide the FS with a construction schedule for the project. Although
the SCS Engineer may assist with this on a consulting basis, he is not responsible for its
development or accuracy. It is the Sponsor's responsibility to notify the FS prior to
beginning construction of a project.
G. CONSTRUCTION INSPECTION (ALL PROJECTS)
1.
Adequate construction inspection, satisfactory to the Forest Service, must be provided on
all projects.
2.
When a private consulting engineer is providing supervision of construction to a Sponsor
and cost-sharing is included, the Forest Service will notify the appropriate DC, in writing,
when the work is completed in accordance with the requirements of the construction
special use permit.
Under these types of projects, the SCS and FS will maintain close contact with the
engineer-in-charge throughout design and construction and attend final inspection with the
engineer and cooperator and other interested parties. Sponsors will be required to have
their engineer furnish the SCS with one copy of as-built drawings and quantities after final
inspection, acceptance and approval by all parties involved. At this time Sponsors shall
also furnish the Forest Service two sets of as-built drawings and a written certification from
the responsible engineer on a form supplied by the Forest Service, certifying that the
project has been constructed in accordance with approved drawings and specifications or
noting any exceptions.
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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3.
When SCS is providing inspection of construction under any program, SCS personnel will
cooperate fully with FS personnel inspecting the work and will make copies of all SCS
records available on request.
1586.03 - Exhibit 03--Continued
The SCS Engineer will propose a formal, pre-final inspection date to the FS and the
Sponsor not less than ten (10) days prior to anticipated completion date of construction and
notify the SCS State Office. The purpose of this inspection is to determine which, if any,
construction items need additional work before final inspection. A final inspection will be
requested and arranged for by the SCS. Participants will be the Sponsors, SCS, FS, and any
concerned state agencies. The Sponsor will arrange to furnish the Forest Service as-built
drawings and certifications in the same quantity and content as required when a private
consulting engineer is in charge of the work.
4.
Subsequent to the certification, in writing, of the adequacy of the completed project by the
Regional Forester, the Forest Service will issue the Sponsor a "maintenance and
occupancy" special use permit authorizing the operation of the completed works.
U.S. Department of Agriculture
Forest Service
U.S. Department of Agriculture
Soil Conservation Service
/s/ Sid Hanks for
Regional Forester, R2
Denver, Colorado
/s/ Wm. Burdick
State Conservationist
Denver, Colorado
Date: 20 Feb, 1975
Date: 11 Feb. 1975
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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1586.03 - Exhibit 04
UNITED STATES DEPARTMENT OF AGRICULTURE
MEMORANDUM OF UNDERSTANDING
Between
U.S. FOREST SERVICE
and
SOIL CONSERVATION SERVICE
Re: Planning and Installation of Water Storage and Transmission Projects on Land
Administered by the U.S. Forest Service in the State of Wyoming.
PURPOSE
The purpose of this memorandum of understanding is to provide liaison, coordination and
procedure between the Soil Conservation Service (SCS) and the Forest Service (FS) in Wyoming
when the SCS is involved in projects of construction, repair or rehabilitation of water storage or
water transmission facilities on lands administered by the U.S. Forest Service in Wyoming.
This memorandum applies to all programs administered by the SCS in Wyoming and is
separated into two sections where procedures for projects covered under Public Law 566, RC&D
projects and projects covered as C01 (PL 46) projects differ. (Ref. Forest Service Manual (FSM)
7503.12, item 2)
A. GENERAL RESPONSIBILITIES
1.
The Soil Conservation Service has technical responsibility for the design and construction
of dams and other structures to be built under Proponent assistance through Conservation
Districts, under Certain programs administered by the Agricultural Stabilization and
Conservation Service (ASCS) and SCS. Water storage and transmission projects which
will occupy National Forest System lands must satisfy certain Forest Service requirements.
The Area Conservationist of the SCS has full responsibility for seeing that SCS procedures
established herein are carried out.
2.
In all programs of both Services, which involve mutual interests, it is imperative that each
agency inform the other at the very inception of a potential project so that joint progress
can be maintained. The District Conservationist (DC) will discuss with the District Ranger
all potential projects that he believes to be feasible, involving National Forest land, before
they are presented or suggested to any local users or groups for consideration.
Communications between agencies may take place as follows:
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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1586.03 - Exhibit 04—Continued
Regional Engineer
Forest Supervisor
Forest Supervisor
District Ranger
State Conservation Engineer
Area Conservationist
Area Engineer
District Conservationist
Intra-agency notification shall be in accordance with policies of each Service. When local
sponsoring organizations propose projects under certain programs administered by the
ASCS, and/or SCS, or Forest Service programs that are of mutual concern, each Service for
its sphere of influence will jointly assist in developing the projects application. The Forest
Service shall be notified and invited to participate in all such activities upon or affecting
National Forest System lands or other forested lands. The Soil Conservation Service will
be notified and invited to participate in all such activities that may involve both National
Forest and private land.
In those programs where one agency has leadership, the other Service will be kept
informed and invited to participate in (1) public information meetings, (2) meetings with
Proponents, (3) Environmental meetings, (4) investigations, and (5) planning of the project.
Environmental evaluation will begin as soon as probable areas affected by the project
proposal can be identified. The District Ranger will furnish a copy of the Forest Service
position statement or Phase I Environmental Analysis Report (EAR) to the District
Conservationist. This will be incorporated into the SCS environmental assessment and,
later, the environmental statement if required.
3.
The Forest Service has full responsibility for establishing minimum requirements as
standards to protect Forest features for dams and other water transmission projects to be
constructed, reconstructed and maintained on lands within the National Forests. Its
operations are conducted under the guidelines and principles of the Multiple are conducted
under the guidelines and principles of the Multiple Use Sustained Yield Act of June 12,
1960, PL-86-517; and the Environmental Policy Act of 1969. Therefore, careful
consideration must be given to the relationship of the proposed project and to all be given
to the relationship of the proposed project and to all aspects of the management of forest
resources. It is the responsibility of the Forest Service to explain these guidelines and
principles to the Proponents as they affect the project.
4.
PL 566 Projects - The Forest Service has responsibility for approving project locations,
which must be authorized by special use permit or other instrument. The Proponent thus
becomes a Forest Service permittee, and assumes all the responsibilities of the authorizing
instrument. The Forest Service may request that plans and specifications be submitted to
them for review.
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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1586.03 - Exhibit 04--Continued
5.
RC&D and C01 Projects - The Forest Service has responsibility for approving project
locations and review and approval of detailed plans and specifications. It must authorize
the use by special use permit or other instrument. The Proponent thus becomes a Forest
Service permittee, and assumes all the responsibilities of the authorizing instrument.
B. GENERAL PROCEDURE
Procedures outlined in this memorandum supplement SCS Engineering Memorandum 41 (Rev.)
and TITLE 7500 of the Forest Service Manual (FSM).
The following procedure will be used by SCS and FS personnel when the SCS is providing
technical services to Proponents of projects herein concerned:
1.
2.
3.
PL 566 Projects
a.
The SCS will be responsible for meeting the requirements of the National
Environmental Policy ACT (NEPA) pursuant to PL 91-190.
b.
Forest Service engineering review and certification of design is not required unless
specifically requested by the Forest Service.
c.
The SCS will keep the Forest Service informed of projects which affect National
Forest lands.
d.
PL 566 projects will follow the requirements of the law, the SCS Watershed Planning
Handbook, and in general, the procedures described herein.
RC&D and C01 Projects
a.
The Forest Service will be responsible for meeting requirements of NEPA pursuant to
PL 91-190 as the project affects National Forest lands.
b
.Forest Service engineering review and certification of design is required.
c.
The SCS will keep the Forest Service informed of projects which affect National
Forest lands.
The following steps are required of C01 and RC&D projects:
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a.
As soon as a project concept has been developed, a project proposal meeting will be
arranged by the SCS at which the general scope and involvement of the project will
be explained to the Proponent by FS and SCS personnel.
b.
The Proponent must make application n to the Forest Service for a special use permit
for the proposed project. A "statement of need" (FSM 2712, R-2 Supplement No. 54)
should accompany the special use application and should be a concise basic statement
as to why the applicant needs the project and the benefits to be derived from the
project. Exhibit A illustrates a special use permit application and Exhibit B illustrates
a typical statement of need.
c.
The District Ranger will prepare a Phase I Environmental Analysis Report (EAR) and
will make recommendations to the Forest Supervisor regarding the suitability of the
project, the tentative hazard classification for dams, and future planning and
development criteria. The Phase I Environmental Analysis Report will serve as the
basis for tentative approval or disapproval of the project.
d.
The Forest Service will notify the Proponent, in writing, as to the general
acceptability of the proposed project. If acceptable, the Forest Service will issue a
special use permit for site survey and investigation.
e.
When the Proponent is notified that the project concept is approved, the District
Conservationist will arrange a meeting between the Proponent, the Forest Service, the
Wyoming Game and Fish Department and the Soil Conservation Service (the District
Ranger, a staff engineer from the FS Supervisor's Office, and SCS engineer assigned
to the project by the Area Conservationist or appropriate members of the Watershed
Planning Party of SCS will normally attend). Discussions will include: (1) required
approvals; (2) time requirements; (3) tentative hazard classification of dams; (4)
access to the project; (5) general requirements for location of borrow areas; (6)
possible potential requirements concerning conservation pool size and maximum and
minimum discharge releases; (7) spillway, outlet works, and other installations
requiring erosion control measures; (8) responsibilities of the Proponent as set forth in
the District Ranger's multiple use management plan and Phase I Environmental
Analysis Report; (9) responsibility of the Proponent to provide adequate construction
inspection; and (10) special use permit for surveys or site investigations.
C. PRELIMINARY SURVEYS AND INVESTIGATIONS
1.
The following steps apply to all projects:
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2.
a.
Sufficient surveys will be made to establish and maintain preliminary centerlines,
controlling elevations, and preliminary cost estimates. The appropriate capacity,
tentative spillway location, and drainage area and surface geologic characteristics of
water impoundment structures should be determined. If it will be required to clear
brush and trees for these and subsequent surveys such clearing must be done in
accordance with the special use permit for site investigations and surveys; usually by
hand methods, and only to the extent essential to the survey work.
b.
Arrangements will then be made for a preliminary geological investigation report if
required. It will include foundation and borrow pit drilling and sampling. All will
include foundation and borrow pit drilling and sampling. All necessary work needed
for access of drilling equipment to the site shall be in accordance with the special use
permit for site investigations and surveys or otherwise established by the FS prior to
the activity.
c.
During the course of the geological investigation, special attention will be directed
toward any indication that historical or archeological materials exist or may be
present in the proposed reservoir or other construction area. If evidence of such
material is observed, the FS District Ranger shall be notified immediately by the DC.
d.
The FS will, in accordance with the Preservation of Historical and Archeological
Data of Dam Sites Act of June 27, 1960, give written notice to the Secretary of the
Interior for any project for which such notice is required. In case of the discovery of
historical or archeological antiquities, examination of said antiquities will be the
expense of the Proponent or, in the case of PL 566 projects, the SCS.
e.
The Forest Service will be responsible for coordinating joint surveys with the
Wyoming Game and Fish Department, the Fish and Wildlife Service, and SCS in the
application of the provisions of the Fish and Wildlife Coordination Act. The Bureau
of Sport Fisheries and Wildlife (BSF&W) is responsible for writing a report. Such
recommendations as result from the surveys, with the concurrence of the Wyoming
Game and Fish Department, will be forwarded for inclusion in a report by the
BSF&W.
The following steps apply to C01 and RC&D Projects:
a.
The SCS office with responsibility for engineering planning of the project will
prepare a report of preliminary surveys and investigations covering the following
items:
(1)
Name of project and location including purpose and general plan of operation.
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EFFECTIVE DATE: 02/04/2004
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(2)
Name and address of Proponent.
(3)
The tentative administrative category and tentative hazard classification, in
accordance with paragraphs 7511.1 and 7511.2 of TITLE 7500, FSM. The height of
dam, and surface area and storage capacity of reservoirs and capacity of channels.
(4)
Copy of the feasibility study including any geological investigation reports made, the
proposed borrow areas, and a summary of any evidence that historical or
archeological materials exist or may be present in the proposed reservoir area.
(5)
Inflow and outflow design hydrographs proposed (see FSM 7524.3 for hydrograph
criteria) including any hydrologic data, computations, and assumptions employed to
determine the hydrographs.
(6)
Type of outlet conduit, type of spillways proposed for impounding structures, and
their tentative location.
(7)
Type of outlet conduit, type of spillways proposed for impounding structures, and
their tentative location.
(8)
Pollution prevention and control measures proposed.
b.
The District Conservationist will send two copies of this report to the FS District
Ranger and one to the State Conservation Engineer of SDCS.
c.
If the information and technical data supplied by the report are adequate for the
preparation of the Phase II, Environmental Analysis Report (EAR), and the final
Environmental Impact Statement (EIS), if the latter is required, the District Ranger
will send copies of these reports, together with the SCS Engineering Report, through
the Forest Supervisor to the Regional Forester for review and approval. The
environmental reports will include the hazard classification for dams and will make
recommendations to the Forest Supervisor for conditions of construction and
occupancy. If the SCS report is not adequate for the above, the District Ranger will
immediately request the additional required data. Final design and preparation of
plans and specifications for the project must be done within the guidelines and
requirements of the Phase II EAR and/or EIS.
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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3.
d.
The FS will review the report of preliminary surveys and investigations prepared by
the SCS in conformance with the conditions and findings contained in the approved
Phase II Environmental Analysis Report. The FS will notify the District
Conservationist in writing of the hazard classification; design requirements, including
inflow design hydrographs required pollution abatement measures; and any special
conditions applicable to the project or its appurtenances. These requirements and
conditions will be incorporated in the plan of operation for the project and included in
detailed design, plans, and specifications.
e.
The Proponent will obtain the review and recommendations concerning pollution
prevention and controls for the project from the Environmental Protection Agency.
f.
The Proponent will obtain all permits and certifications required by Federal, State or
local Environmental Protection Acts or Regulations.
The following steps apply to PL 566 Projects:
a.
The FS will notify the District Conservationist in writing of the required pollution
abatement measures and any special conditions applicable to the project or its
appurtenances. These requirements and conditions will be incorporated in the plan of
operation for the project and included in detailed design, plans and specifications
when the project is authorized for planning assistance.
b.
The SCS will secure EPA review and recommendations and submit them to the FS.
c.
The SCS will verify that the Proponent has obtained the required State of Wyoming
permits or certifications.
d.
The SCS will develop a Project Work Plan and Environmental Assessment or
Environmental Impact Statement. These documents and their supporting data will be
the basis for the issuance of a construction stage special use permit.
D. PREPARATION OF DETAILED PLANS AND SPECIFICATIONS
1.
After approval of the work plan or operations plan, depending upon the program involved,
the DC will arrange for detailed field surveys for design, soil sampling and additional
geologic investigations as necessary.
2.
The SCS will then develop detailed plans, specifications and cost estimates.
E. REVIEWS AND APPROVALS OF DETAILED PLANS AND SPECIFICATIONS
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EFFECTIVE DATE: 02/04/2004
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1586.03 - Exhibit 04--Continued
1.
2.
The following steps apply to PL 566 Projects:
a.
The State Conservation Engineer will transmit three copies of preliminary plans to the
Forest Supervisor's Office requesting his review and comments.
b.
The State Conservation Engineer will arrange for any needed changes or adjustments
in the plans as a result of Forest Service Environmental Reviews and will consider
changes suggested as a result of FS Engineering review.
c.
The State Conservation Engineer will transmit six copies of final plans, specifications
and cost estimates to the Forest Supervisor for internal distribution and use.
The following steps apply to RC&D and C01 Projects:
a.
The SCS Engineer will review the preliminary plans, specifications, and cost estimate
with the Proponent. The Proponent will indicate acceptance of the plans with his
signature
b.
The SCS Engineer will transmit preliminary copies of the detailed plans and
specifications, design notes (including hydrology computations, cost estimate, and
pertinent related information) to the State Conservation Engineer for review.
c.
The State Conservation Engineer will submit three copies of the preliminary plans
and specifications, design notes, cost estimate and technical reports to the Forest
Supervisor's Office for review and comments and approval. Design notes should
include structural and hydraulic design and computations.
d.
The Forest Supervisor will obtain Regional Forester review and comment for all
Class A, high and moderate hazard Class B, and high hazard Class C projects.
e.
The State Conservation Engineer will arrange with the SCS Engineer for any needed
adjustments in the plans and specifications and for preparation of final plans and
specifications following FS approval or requested changes.
f.
The State Conservation Engineer will transmit three copies of final plans and
specifications to the Forest Supervisor who will forward two copies to the Regional
Forester for review and approval.
g.
When the Regional Forester has indicated his approval, he will notify the SCS in
writing.
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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h.
The State Conservation Engineer will transmit six copies of signed, final plans and
specifications to the Regional Forester for approval signature and distribution. These
may be photostatic copies.
i.
Signatures on final plans and specifications will consist of the following:
(1)
of Proponent in cases of individual or informal group.
(2)
of authorized representative(s), if a legal organization.
(3)
of a Registered Engineer, when requested by the Wyoming State Engineer.
(4)
of State Engineer of Wyoming, when requested by the Wyoming State Engineer.
(5)
of the SCS employee having engineering job approval authority for the project under
SCS State Policy.
j.
The State Conservation Engineer will transmit adequate working copies of final plans
and specifications to the District Conservationist for use of the Proponent in
contracting or otherwise constructing the work.
k.
Construction will not be started on any project until the Proponent is notified in
writing of approval of plans by the Regional Forester and a special use permit for
construction has been issued.
F. CONSTRUCTION SCHEDULE (ALL PROJECTS)
1.
The Proponent will provide the FS with a construction schedule for the project. Although
the SCS Engineer may assist with this on a consulting basis, he is not responsible for its
development or accuracy. It is the Proponent's responsibility to notify the FS prior to
beginning construction of a project.
G. CONSTRUCTION INSPECTION (ALL PROJECTS)
1.
Adequate construction inspection, satisfactory to the Forest Service, must be provided on
all projects.
2.
When a private consulting engineer is providing supervision of construction to a Proponent
and cost-sharing under programs of the ASCS or Resource Conservation and Development
Programs are included, the Forest Service will notify the appropriate DC, in writing, when
the work is completed in accordance with the requirements of the construction special use
permit.
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EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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Under these types of projects the SCS and FS will maintain close contact with the engineerin-charge throughout design and construction and attend final inspection with the engineer
and Proponent and other interested parties. Proponents will be required to have their
engineer furnish the SCS with one copy of as-built drawings and quantities after final
inspection, acceptance and approval by all parties involved. At this time Proponents shall
also furnish the Forest Service two sets of as-built drawings and a written certification from
the responsible engineer on a form supplied by the Forest Service, certifying that the
project has been constructed in accordance with approved drawings and specifications or
noting any exceptions.
3.
When SCS is providing supervision of construction under any program, SCS personnel will
cooperate fully with FS personnel inspecting the work and will make copies of all SCS
records available on request. The SCS Engineer will propose a formal, pre-final inspection
date to the FS and the Proponent not less than ten (10) days prior to anticipated completion
date of construction and notify the SCS State Office. The purpose of this inspection is to
determine which, if any construction items need additional work before final inspection. A
final inspection will be requested and arranged for by the SCS. Participants will be the
Proponents, SCS, FS, and any concerned state agencies. The Proponent will arrange to
furnish the Forest Service as-built drawings and certification in the same quantity and
content as required when a private consulting engineer is in charge of the work.
4.
Subsequent to the certification, in writing, of the adequacy of the completed project by the
Regional Forester, the Forest Service will issue the Proponent a "maintenance and
occupancy" special use permit authorizing the operation of the completed works.
U.S. Department of Agriculture
Forest Service
U.S. Department of Agriculture
Soil Conservation Service
B. K. Crane
Regional Forester
Region Two
Denver, Colorado
Date 6/14/74
Blaine C Holliday
State Conservationist
Casper, Wyoming
M.C. Gallbraith
Acting Regional Forester
Region Four
Ogden, Utah
Date: 7/30/74
Date: 6/20/74
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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EXHIBIT B
U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
STATEMENT OF NEED
With the growing demand for the use of National Forest land for public and private use, it has
become necessary for us to analyze and review the reason for this need. In addition, there is a
need to determine, on a priority basis, when and how these proposals fit into National Forest
plans and programs.
Response, within reasonable time frames, is needed for those use applications applicable to the
good and welfare of relatively large segments of the public. Priority for action, therefore, will be
given to these types of uses, such as recreation facilities, utility and public work projects.
In order to evaluate these and the attending environmental factors, a "Statement of Need" will be
required with all formal applications for the use and occupancy of National Forests and
Grasslands. It will accompany the Standard Form 2700-3 or other forms of applications.
1.
General description and scope of the project.
2.
How the proposed project fits into other parts of the proponent's operation.
3.
The reason why Forest Service lands are needed in the project development.
4.
Method of operation when project is developed:
a.
Ownership.
b.
Place of generation or source of product.
c.
Place of use of product.
d.
Periods of year project will be operated.
5.
Schedule of development.
6.
Other Federal, State (or political subdivisions thereof) and private lands or interests which
may be affected by the project.
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EFFECTIVE DATE: 02/04/2004
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7.
Any regulator agencies which might have licensing or regulation authority over the project.
8.
Necessity of the project:
a.
Who will be affected if the permit is not granted?
b.
What will be the effects if the permit is not granted? Show projected demand curves
and tables if applicable.
c.
How will the effects, including social, economic and environmental be felt,
considering human benefit and welfare, if the permit is not granted.
9.
Describe alternative methods and/or locations to the proposed action of the application.
10.
Technical requirements needed in development of the project:
11.
a.
Construction widths or acreage.
b.
Operational widths or acreage.
c.
Percent of the Land which will be actually occupied of the total being requested.
d.
Any operational constraints or engineering factors which might affect the location or
design of the project.
A brief evaluation of the expected effects of the project on a wild land environment.
Applicant's Signature
Date
Applicant's Address
Zip Code
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EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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1586.03 - Exhibit 05
UNITED STATES DEPARTMENT RELATIONS
MEMORANDUM OF UNDERSTANDING
Between
U.S. FOREST SERVICE
and
SOIL CONSERVATION SERVICE
Re: Planning and Installation of Water Storage and Transmission Projects on Land
Administered by the U.S. Forest Service in the State of South Dakota.
PURPOSE
The purpose of this memorandum of understanding is to provide liaison, coordination and
procedure between the Soil Conservation Service (SCS) and the Forest Service (FS) in South
Dakota when the SCS is involved in projects of construction, repair, or rehabilitation of water
storage or water transmission facilities on lands administered by the U.S. Forest Service in South
Dakota.
This memorandum applies to all programs administered by the SCS in South Dakota and is
separated into two sections where procedures for projects covered under Public Law 566, RC&D
projects and projects covered as C01 (PL 46) projects differ. (Ref. Forest Service Manual (FSM)
7503.12, item 2)
A. GENERAL RESPONSIBILITIES
1.
The Soil Conservation Service has technical responsibility for the design and construction
of dams and other structures to be built under Proponent assistance through Conservation
Districts, under certain programs administered by the Agricultural Stabilization and
Conservation Service (ASCS) and SCS. Water storage and transmission projects which
will occupy National Forest System lands must satisfy certain Forest Service requirements.
2.
In all programs of both Services, which involve mutual interests, it is imperative that each
agency inform the other at the very inception of a potential project so that joint progress
can be maintained. The District Conservationist (DC) will discuss with the District Ranger
all potential projects that he believes to be feasible, involving National Forest land, before
they are presented or suggested to any local users or groups for consideration.
Communications between agencies may take place as follows:
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DURATION: This supplement is effective until superseded or removed.
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Forest Service
Regional Forester
Director of Engineering
Forest Supervisor
Forest Engineer
District Ranger
Soil Conservation Service
State Conservationist
State Conservation Engineer
Area Conservationist
Area Engineer
District Conservationist
Intra-agency notification shall be in accordance with policies of each Service. When local
sponsoring organizations propose projects under certain programs administered by the ASCS,
and/or SCS, or Forest Service programs that are of mutual concern, each Service for its sphere of
influence will jointly assist in developing the projects application. The Forest Service shall be
notified and invited to participate in all such activities upon or affecting National Forest System
lands or other forested lands. The Soil Conservation Service will be notified and invited to
participate in all such activities that may involve both National Forest and private land.
In those programs where one agency has leadership, the other Service will be kept informed and
invited to participate in (1) public information meetings, (2) meetings with Proponents, (3)
Environmental meetings, (4) investigations, and (5) planning of the project.
Environmental evaluation will begin as soon as probable areas affected by the project proposal
can be identified. The District Ranger will furnish a copy of the Forest Service position
statement or Phase I Environmental Analysis Report (EAR) to the District Conservationist. This
will be incorporated into the SCS environmental assessment and, later the environmental
statement if required.
3.
The Forest Service has full responsibility for establishing minimum requirements as
standards to protect Forest features for dams and other water transmission projects to be
constructed, reconstructed and maintained on lands within the National Forests. Its
operations are conducted under the guidelines and principles of the Multiple Use Sustained
Yield Act of June 12, 1960, PL-86-517; and the Environmental Policy Act of 1969.
Therefore, careful consideration must be given to the relationship of the proposed project to
all aspects of the management of forest resources. It is the responsibility of the Forest
Service to explain these guidelines and principles to the Proponents as they affect the
project.
4.
PL 566 and RC&D Projects - The Forest Service has responsibility for approving project
locations, which must be authorized by special use permit or other instrument. The
Proponent thus assumes all the responsibility of the authorizing instrument. The Forest
Service may request that plans and specifications be submitted to them for review.
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DURATION: This supplement is effective until superseded or removed.
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5.
C01 Projects - The Forest Service has responsibility for approving project locations and
review and approval of detailed plans and specifications. It must authorize the use by
special use permit or other instrument. The Proponent thus assumes all the responsibilities
of the authorizing instrument.
B. GENERAL PROCEDURE
Procedures outlined in this memorandum supplement SCS Engineering Memorandum 41 (rev.)
and TITLE 7500 of the Forest Service Manual (FSM). The following procedure will be used by
SCS and FS personnel when the SCS is providing technical services to Proponents of projects
herein concerned:
1.
2.
3.
PL 566 and RC&D Projects
a.
The SCS will be responsible for meeting the requirements of the National
Environmental Policy ACT (NEPA) pursuant to PL 91-190.
b.
Forest Service engineering review and certification of design is not required unless
specifically requested by the Forest Service.
c.
During all stages (proposal, planning and construction), the SCS will keep the Forest
Service informed of projects which affect National Forest lands.
d.
PL 566 and RC&D projects will follow the requirements of the law, the SCS
Watershed Planning Handbook, or the RC&D Handbook.
C01 Projects
a.
The Forest Service will be responsible for meeting requirements of NEPA pursuant to
PL 91-190 as the project affects National Forest lands.
b.
Forest Service engineering review and certification of design is required.
c.
The SCS will keep the Forest Service informed of projects which affect National
Forest lands.
The following steps are required for C01 projects.
a.
As soon as a project concept has been developed, a project proposal meeting will be
arranged by the SCS at which the general scope and involvement of the project will
be explained to the Proponent by FS and SCS personnel.
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EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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b.
The Proponent must make application to the Forest Service for a special use permit
for the proposed project. A "statement of need" (FSM 2712, R-2 Supplement No. 54)
should accompany the special use application and should be a concise basic statement
as to why the applicant needs the project and the benefits to be derived from the
project. Exhibit A illustrates a special use permit application and Exhibit B illustrates
a typical statement of need.
c.
The District ranger will prepare a Phase I Environmental Analysis Report (EAR) and
will make recommendations to the Forest Supervisor regarding the suitability of the
project, the tentative hazard classification for dams, and future planning and
development criteria. The Phase I Environmental Analysis Report will serve as the
basis for tentative approval or disapproval of the project.
d.
The Forest Service will notify the Proponent, in writing, as to the general
acceptability of the proposed project. If acceptable, the Forest Service will issue a
special use permit for site survey and investigation.
e.
When the Proponent is notified that the project concept is approved, the District
Conservationist will arrange a meeting between the Proponent, the Forest Service, the
South Dakota Game and FIsh Department and the Soil Conservation Service (the
District Ranger, a staff engineer from the FS Supervisor's Office, an SCS engineer
assigned to the project by the Area Conservationist or appropriate members of the
Watershed Planning Party of SCS will normally attend). Discussions will include: (1)
required approvals; (2) time requirements; (3) tentative hazard classification of dams;
(4) access to the projects; (5) general requirements for location of borrow areas; (6)
possible potential requirements concerning conservation pool size and maximum and
minimum discharge release; (7) spillway, outlet works, and other installations
requiring erosion control measures; (8) responsibilities of the Proponent as set forth in
the District Ranger's multiple use management plan and Phase I Environmental
Analysis Report; (9) responsibility of the Proponent to provide adequate construction
inspection; and (10) special use permit for surveys or site investigations.
C. PRELIMINARY SURVEYS AND INVESTIGATIONS
1.
The following steps apply to all projects:
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a.
Sufficient surveys will be made to establish and maintain preliminary centerlines,
controlling elevations, and preliminary cost estimates. The appropriate capacity,
tentative spillway location, and drainage area and surface geologic characteristics of
water impoundment structures should be determined. If it will be required to clear
brush and trees for these and subsequent surveys such clearing must be done in
accordance with the special use permit for site investigations and surveys; usually by
hand methods, and only to the extent essential to the survey work.
b.
Arrangements will then be made for a preliminary geological investigation report if
required. It will include foundation and borrow put drilling and sampling. All
necessary work needed for access of drilling equipment to the site shall be in
accordance with the special use permit for site investigations and surveys or
otherwise established by the FS prior to the activity.
c
During the course of the geological investigation, special attention will be directed
toward any indication that historical or archaeological materials exist or may be
present in the proposed reservoir or other construction area. If evidence of such
material is observed, the FS District Ranger shall be notified immediately by the DC.
d.
The FS will, in accordance with the Archaeological and Historical Data Conservation
Act of 1974, give written notice to the Secretary of the Interior for any project for
which such notice is required. In case of the discovery of historical or archaeological
antiquities, examination of said antiquities will be at the expense of the Proponent or,
in the case of PL 566 projects, the SCS.
The Proponent and/or SCS shall provide a complete inventory, evaluation and report
of archaeological and historical values on lands to be disturbed or occupied. This will
be prepared by an archaeologist, acceptable to the authorized Forest Officer and the
State Historic Preservation Officer, in advance of any surface disturbance or
occupancy.
e.
2.
The Forest Service will be responsible for coordinating joint surveys with the South
Dakota Game, Fish and Parks Department, the Fish and Wildlife Service, and SCS in
the application of the provisions of the Fish and Wildlife Coordination Act. The Fish
and Wildlife Service is responsible for writing a report. Such recommendations as
result from the surveys, with the concurrence of the South Dakota Game, Fish and
Parks Department, will be forwarded for inclusion in a report by the Fish and Wildlife
Service.
The following steps apply to C01 Projects:
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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1586.03 - Exhibit 05--Continued
a.
The SCS office with responsibility for engineering planning of the project will
prepare a report of preliminary surveys and investigations covering the following
items:
(1)
Name of project and location including purpose and general plan of operation.
(2)
Name and address of Proponent.
(3)
The tentative administrative category and tentative hazard classification, in
accordance with paragraphs 7511.1 and 7511.2 of TITLE 7500, FSM. The height of
dam, and surface area and storage capacity of reservoirs and capacity of channels.
(4)
Copy of the feasibility study including any geological investigation reports made, the
proposed borrow areas, and a summary of any evidence that historical or
archaeological materials exist or may be present in the proposed reservoir area.
(5)
Inflow and outflow design hydrographs proposed (see FSM 7532.14) for hydrograph
criteria) including any hydrologic data, computations, and assumptions employed to
determine the hydrographs.
(6)
Type of outlet conduit, type of spillways proposed for
their tentative location.
(7)
Type of channel, pipe or conduit or other structures proposed and tentative locations.
(8)
Pollution prevention and control measures proposed.
b.
The District Conservationist will send two copies of this report to the FS District
Ranger and one to the State Conservation Engineer of SCS.
c.
If the information and technical data supplied by the report are adequate for the
preparation of the Phase II, Environmental Analysis (EA), and the final
Environmental Impact Statement (EIS), if the latter is required, the District Ranger
will send copies of these reports, together with the SCS Engineering Report, through
the Forest Supervisor to the Regional Forester for review and approval. The
environmental reports will include the hazard classification for dams and will make
recommendations to the Forest Supervisor for conditions of construction and
occupancy. If the SCS report is not adequate for the above, the District Ranger will
immediately request the additional required data. Final design and preparation of
plans and specifications for the project must be done within the guidelines and
requirements of the Phase II EA and/or EIS.
impounding structures and
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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1586.03 - Exhibit 05—Continued
3.
d.
The FS will review the report of preliminary surveys and investigations prepared by
the SCS in conformance with the conditions and findings contained in the approved
Phase II Environmental Analysis. The FS will notify the District Conservationist in
writing of the hazard classification: design requirements, include inflow design
hydrographs; required pollution abatement measures; and any special conditions
applicable to the project or its appurtenances. These requirements and conditions will
be incorporated in the plan of operation for the project and included in detailed
design, plans and specifications.
e.
The Proponent will obtain the review and recommendations concerning pollution
prevention and controls for the project from the Environmental Protection Agency.
f.
The Proponent will obtain all permits and certifications required by Federal, State or
local Environmental Protection Acts or Regulations.
The following steps apply to PL 566 and RC&D Projects.
a.
The FS will notify the State Conservationist in writing of the required pollution
abatement measures and any special conditions applicable to the project or its
appurtenances. These requirements and conditions will be incorporated in the plan of
operation for the project and included in detailed design, plans and specifications
when the project is authorized for planning assistance.
b.
The SCS will secure EPA review and recommendations and submit them to the FS.
c.
The SCS will verify that the Proponent has obtained the required State of South
Dakota permits or certifications.
d.
The SCS will develop a Project Work Plan and Environmental Assessment or
Environmental Impact Statement. These documents and their supporting data will be
the basis for the issuance of a construction stage special use permit.
D. PREPARATION OF DETAILED PLANS AND SPECIFICATIONS
1.
After approval of the work plan or operations plan, depending upon the program involved,
the SCS will arrange for detailed field surveys for design, soil sampling and additional
geologic investigations as necessary.
2.
The SCS will then develop detailed plans, specifications and cost estimates.
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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FSM 1500 – EXTERNAL RELATIONS
CHAPTER 1580 – GRANTS, COOPERATIVE AGREEMENTS, AND OTHER AGREEMENTS
1586.03 - Exhibit 05—Continued
E. REVIEWS AND APPROVALS OF DETAILED PLANS AND SPECIFICATIONS
1.
2.
The following steps apply to PL 566 and RC&D Projects:
a.
The State Conservation Engineer will transmit three copies of preliminary plans to the
Forest Supervisor's Office requesting his or her review and comments.
b.
The State Conservation Engineer will arrange for any needed changes or adjustments
in the plans as a result of Forest Service Environmental Reviews and will consider
changes suggested as a result of FS Engineering review.
c.
The State Conservation Engineer will transmit six copies of final plans, specifications
and cost estimates to the Forest Supervisor for internal distribution and use.
The following steps apply to C01 Projects:
a.
The SCS Engineer will review the preliminary plans, specifications, and cost estimate
with the Proponent. The Proponent will indicate acceptance of the plans with his or
her signature.
b.
The SCS Engineer will transmit preliminary copies of the detailed plans and
specifications, design noted (including hydrology computations, cost estimate, and
pertinent related information) to the State Conservation Engineer for review.
c.
The State Conservation Engineer will submit three copies of the preliminary plans
and specifications, design notes, cost estimate and technical reports to the Forest
Supervisor's Office for review and comments and approval. Design notes should
include structural and hydraulic design and computations.
d.
The Forest Supervisor will obtain Regional Forester review and comment for all
Class A, high and moderate hazard Class B, and high hazard Class C projects.
e.
The State Conservation Engineer will arrange with the SCS Engineer for any needed
adjustments in the plans and specifications and for preparation of final plans and
specifications following FS approval or requested changes.
f.
The State Conservation Engineer will transmit three copies of final plans and
specifications to the Forest Supervisor who will forward two copies to the Regional
Forester for review and approval.
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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1586.03 - Exhibit 05—Continued
g.
When the Regional Forester has indicated his or her approval, the SCS will be
notified in writing.
h.
The State Conservation Engineer will transmit six copies of signed, final plans and
specifications to the Regional Forester for approval, signature and distribution. These
may be photostatic copies.
i.
Signatures on final plans and specifications will consist of the following:
(1)
of Proponent in cases of individual or informal group.
(2)
of authorized representative(s), if a legal organization.
(3)
of the SCS employee having engineering job approval authority for the project under
SCS Policy in South Dakota.
j.
The State Conservation Engineer will transmit adequate working copies of the final
plans and specifications to the District Conservationist for use of the Proponent in
contracting or otherwise constructing the work.
k.
Construction will not be started on any project until the Proponent is notified in
writing of approval of plans by the Regional Forester and a special use permit for
construction has been issued.
F. CONSTRUCTION SCHEDULE (ALL PROJECTS)
1.
The Proponent will provide the FS with a construction schedule for the project. Although
the SCS Engineer may assist with this on a consulting basis, he is not responsible for its
development of accuracy. It is the Proponent's responsibility to notify the FS prior to
beginning construction of a project.
G. CONSTRUCTION INSPECTION (ALL PROJECTS)
1.
Adequate construction inspection, satisfactory to the Forest Service, must be provided on
all projects.
2.
When a private consulting engineer is providing supervision of construction to a Proponent
and cost-sharing under programs of the ASCS is included, the Forest Service will notify the
appropriate DC, in writing, when the work is completed in accordance with the
requirements of the construction special use permit. In projects cost-shared with RC&D
funds, the area conservationist will be notified.
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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FSM 1500 – EXTERNAL RELATIONS
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1586.03 - Exhibit 05--Continued
Under these types of projects the SCS and FS will maintain close contact with the engineerin-charge throughout design and construction and attend final inspection with the engineer
and cooperator and other interested parties. Proponents will be required to have their
engineer furnish the SCS with one copy of as-built drawings and quantities after final
inspection, acceptance and approval by all parties involved. At this time Proponents shall
also furnish the Forest Service two sets of as-built drawings and a written certification from
the responsible engineer on a form supplied by the Forest Service, certifying that the
project has been constructed in accordance with approved drawings and specifications or
noting any exceptions.
3.
When SCS is providing inspection of construction under any program, SCS personnel will
cooperate fully with FS personnel inspecting the work and will make copies of all SCS
records available on request. The SCS Engineer will propose a formal, pre-final inspection
date to the FS and the Proponent not less than ten (10) days prior to anticipated completion
date of construction and notify the SCS State Office. The purpose of this inspection is to
determine which, if any, construction items need additional work before final inspection.
A final inspection will be requested and arranged for by the SCS. Participants will be the
Proponents, SCS, FS, and any concerned state agencies. The Proponent will arrange to
furnish the Forest Service as-built drawings and certification in the same quantity and
content as required when a private consulting engineer is in charge of the work.
4.
Subsequent to the certification, in writing, of the adequacy of the completed project by the
Regional Forester, the Forest Service will issue the Proponent a "maintenance and
occupancy" special use permit authorizing the operation of the completed works.
U.S. Department of Agriculture
Forest Service
U.S. Department of Agriculture
Soil Conservation Service
/s/ S.H. Hanks
for Regional Forester
Region Two
Denver, Colorado
Date: 18 Feb. 1975
/s/ M. Shally
State Conservationist
Huron, South Dakota
Date: 11 Feb. 1975
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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FSM 1500 – EXTERNAL RELATIONS
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1586.03 - Exhibit 05--Continued
EXHIBIT B
U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
STATEMENT OF NEED
With the growing demand for the use of National Forest land for public and private use, it has
become necessary for us to analyze and review the reason for this need. In addition, there is a
need to determine, on a priority basis, when and how these proposals fit into National Forest
plans and programs.
Response, within reasonable time frames, is needed for those use applications applicable to the
good and welfare of relatively large segments of the public. Priority for action, therefore, will be
given to these types of uses, such as recreation facilities, utility and public work projects.
In order to evaluate these and the attending environmental factors, a "Statement of Need" will be
required with all formal applications for the use and occupancy of National Forests and
Grasslands. It will accompany the Standard Form 2700-3 or other forms of applications.
1.
General description and scope of the project.
2.
How the proposed project fits into other parts of the proponent's operation.
3.
The reason why Forest Service lands are needed in the project development.
4.
Method of operation when project is developed:
a.
Ownership.
b.
Place of generation or source of product.
c.
Place of use of product.
d.
Periods of year project will be operated.
5.
Schedule of development.
6.
Other Federal, State (or political subdivisions thereof) and private lands or interests which
may be affected by the project.
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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FSM 1500 – EXTERNAL RELATIONS
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1586.03 - Exhibit 05--Continued
7.
Any regulator agencies which might have licensing or regulation authority over the project.
8.
Necessity of the project:
a.
Who will be affected if the permit is not granted?
b.
What will be the effects if the permit is not granted? Show projected demand curves
and tables if applicable.
c.
How will the effects, including social, economic and environmental be felt,
considering human benefit and welfare, if the permit is not granted?
9.
Describe alternative methods and/or locations to the proposed action of the application.
10.
Technical requirements needed in development of the project:
11.
a.
Construction widths or acreage.
b.
Operational widths or acreage.
c.
Percent of the land which will be actually occupied of the total being requested.
d.
Any operational constraints or engineering factors which might affect the location or
design of the project.
A brief evaluation of the expected effects of the project on a wild land environment.
Applicant's Signature
Applicant's Address & Zip Code
Date
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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FSM 1500 – EXTERNAL RELATIONS
CHAPTER 1580 – GRANTS, COOPERATIVE AGREEMENTS, AND OTHER AGREEMENTS
1586.03 - Exhibit 06
MEMORANDUM OF UNDERSTANDING
between the
STATE ENGINEER
State of Colorado
and the
REGIONAL FORESTER
Rocky Mountain Region
USDA Forest Service
PURPOSE
Implementing this Memorandum of Understanding will assist both state and federal personnel in
meeting statutory obligations to administer, monitor, and inspect federal and non-federal dams
on National Forest lands in Colorado.
AUTHORITIES
The authority under which the State Engineer may enter into this agreement is Section 37-80102(j), C.R.S. (1973).
The authorities under which the Regional Forester may enter into this agreement are:
1.
The Act of June 4, 1897 (30 Stat. 35; 16 U.S.C. 551) and,
2.
The Federal Land Policy and Management Act of October 21, 1976 (90 Stat. 2776; 43
U.S.C. 1761-71).
RESPONSIBILITIES OF THE STATE ENGINEER
1.
The State Engineer is responsible for seeing that non-federal dams in the State of Colorado
are constructed, operated, and maintained in a safe manner by:
a.
establishing safe storage levels;
b.
requiring that construction drawings and specifications for new construction and
major repair or rehabilitation of existing dams be prepared by engineers registered in
accordance with the laws of the State of Colorado;
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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FSM 1500 – EXTERNAL RELATIONS
CHAPTER 1580 – GRANTS, COOPERATIVE AGREEMENTS, AND OTHER AGREEMENTS
1586.03 - Exhibit 05--Continued
2.
c.
approving construction drawings and specifications, prior to commencement of
construction or modification of dam structure;
d.
conducting periodic safety inspections to assure that dam structures are safe to
impound water at the allowable water levels; and
e.
maintaining files to document and support the findings of the inspections and the
subsequent recommendations, orders, and schedules.
The State Engineer agrees:
a.
that federal dams under the jurisdiction of the Forest Service are to be constructed,
operated, and maintained by the Forest Service;
b.
to invite Forest Service personnel to participate in dame safety training for State
Water Commissioners or other entities; and
c.
to inform the Regional Forester of breach orders, repair orders, water level
restrictions, or any other such orders or restrictions pertaining to non-federal dams on
National Forest System lands.
RESPONSIBILITIES OF THE REGIONAL FORESTER
1.
2.
The Regional Forester:
a.
is required to manage National Forest System (NFS) lands to protect the environment
and public health and safety. He may grant, issue, or renew rights-of-way over, upon,
under, or through NFS lands for reservoirs, canals, ditches, flumes, laterals, pipes,
pipelines, tunnels, and other facilities for the impoundment, storage, transportation, or
distribution of water.
b.
is responsible for approving dam designs, safety evaluation, and construction in order
to comply with Federal law.
The Regional Forester agrees to:
a.
adopt inspection and deficiency reports from the State Engineer;
b.
at least annually, request the State Engineer's assistance in inspecting dams needing
priority attention;
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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1586.03 - Exhibit 05--Continued
c.
inform the State Engineer of scheduled air inspections or trips to sites that are
expensive or difficult to access;
d.
upon request, provide the State Engineer copies of land use authorizing documents
and amendments;
e.
assist the State Engineer in arranging access to or identifying access alternatives to
projects in specially designated areas, e.g., wilderness, or wilderness study areas; and
f.
provide the State Engineer with copies of relevant data, e.g., breach analyses on nonfederal dams on National Forest Systems lands.
MUTUAL DUTIES
For dams on National Forest System lands, the State Engineer and Regional Forester agree to:
1.
develop annual dam inspection schedules to be reviewed quarterly;
2.
exchange inspection reports;
3.
exchange copies of correspondence to private dam owners;
4.
upon the request of either signatory to this agreement, conduct joint inspections;
5.
exchange hazard analyses, stability analyses, and other safety-related reports, if available;
6.
consider the other's requests for assistance when setting priorities for inspection and
enforcement;
7.
jointly review for approval, the construction drawings, and specifications for the
construction, rehabilitation, or major repair of dams;
8.
coordinate approval of construction, operation, and maintenance plans of dams; and
9.
inform each other of changes in ownership.
This agreement is effective upon signature by the State Engineer and the Regional Forester. Its
terms may be renegotiated at any time at the initiative of either signatory and may be set aside by
either party upon 30 days written notice.
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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FSM 1500 – EXTERNAL RELATIONS
CHAPTER 1580 – GRANTS, COOPERATIVE AGREEMENTS, AND OTHER AGREEMENTS
1586.03 - Exhibit 05--Continued
/s/ Jeris A. Danielson
STATE ENGINEER
State of Colorado
2-8-85
Date
/s/ S.H. Hanks (for)
REGIONAL FORESTER
Rocky Mountain Region
USDA Forest Service
2-7-85
Date
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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1586.03 - Exhibit 06--Continued
AMENDMENT NO. 1
TO
MEMORANDUM OF UNDERSTANDING EXECUTED FEBRUARY 8, 1985
between the
STATE ENGINEER
State of Colorado
and the
REGIONAL FORESTER
Rocky Mountain Region
USDA Forest Service
The parties to this agreement will, prior to March 1 of each year, prepare an annual Operating
Plan. The Plan will specify the dams to be inspected during the particular year by the Colorado
State Engineers Office. Payments to be made by the Forest Service for the dam inspections will
be based on a rate schedule included in the Operating Plan.
A purchase order will be issued by the Forest Service to cover the inspections prior to the
commencement of work.
Date: 2-8-85
/s/ Jeris A. Danielson
Colorado State Engineers Office
Jeris A. Danielson, State Engineer
Date: 2-7-85
/s/ S.H. Hanks (for)
USDA, Forest Service
James Torrence, Regional Forester
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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FSM 1500 – EXTERNAL RELATIONS
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1586.03 - Exhibit 07
MEMORANDUM OF UNDERSTANDING
Between
USDA-FOREST SERVICE, ROCKY MOUNTAIN REGION
and
STATE OF NEBRASKA
DEPARTMENT OF WATER RESOURCES
Concerning engineering drawings and specifications review, information exchange, mutual
consultation, and other cooperative efforts related to the administration of a dam safety program
on National Forest System (NFS) lands in the State of Nebraska.
PURPOSE
The purpose of this memorandum of understanding is to provide liaison, coordination and
procedure between the USDA-Forest Service, Rocky Mountain Region, hereinafter designated as
the Forest Service, and the State of Nebraska Department of Water Resources, hereinafter
designated as the Department.
GENERAL RESPONSIBILITIES
1.
The Department is responsible in accordance with Chapter 46, Article 2 of Nebraska
Revised Statutes 1943 as Amended for assuring that design, operation and maintenance of
all dams within the State meet established appropriate safety standards by:
a.
Establishing safe storage levels.
b.
Requiring construction drawings, specifications for new construction, major repairs
and rehabilitation to be prepared by engineers in accordance with the laws of
Nebraska.
c.
Requiring Department approval of engineering drawings and specifications prior to
construction or major modification of dam structures.
d.
Conducting periodic inspections to assure that structures are maintained and operated
safely and in accordance with approved engineering drawings and that water is
properly impounded at established or determined elevations.
e.
Maintaining files to document findings of inspections, subsequent recommendations,
orders and schedules.
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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1586.03 - Exhibit 07--Continued
2.
The Forest Service has the responsibility for Federal dams under its jurisdiction. This
responsibility includes design, operation, maintenance, inspection and related technical
matters.
3.
The Forest Service is responsible for management of non-Federal dams on NFS lands only
to the extent that the owner provides evidence of meeting the requirements of the State and
the permitted use terms and that continued compliance is reasonably assured.
The purpose of the management is to permit development of water resources while at the
same time protecting the environment and public health and safety. Development is
permitted through the granting, issuing and renewing of rights-of-way over, upon, under, or
through NFS lands for reservoirs, canals, ditches, flumes, laterals, pipelines, tunnels and
other facilities for the impoundment, transportation, or distribution of water. Protection of
the environment, public health and safety is accomplished through plan review and
approval, assuring that the owner complies with State regulations, and provides for
construction control and operation and maintenance inspection reports.
PROVISIONS
The Forest Service agrees to:
a.
Accept inspection and deficiency reports from the Department for dams on NFS lands
and assist in ensuring that dam owners correct the deficiencies reported. When
serious defects are found support necessary legal action by the Department to correct
the deficiencies.
b.
When requested, provide the Department copies of land use authorizing documents
and amendments.
c.
Provide the Department with copies of available relevant data, such as hydrology,
breach analyses, and foundation investigations for non-federal dams on NFS lands.
d.
Obtain Department approval for engineering drawings and specifications of Forest
Service dams considered jurisdictional by the Department prior to construction or
rehabilitation.
e.
Convey to the dam owners of non-federal dams on NFS land the importance of
operating and maintaining dams in accordance with Department approved drawings
and specifications.
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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f.
Issue construction permits for non-federal dams on NFS land only after Department
approval of drawings and specifications.
The Department agrees:
a.
That federal dams under the jurisdiction of the Forest Service are to be constructed,
operated and maintained by the Forest Service.
b.
To invite Forest Service personnel to participate in any safety training which the
Department provides.
c.
To inform the Forest Service of breach orders, repair orders, water level restrictions,
or any other orders or restrictions pertaining to non-federal dams on NFS lands within
the State.
d.
To inspect and prepare a report on any dam on NFS land impounding 15 acre-feet or
more of water or is 25 feet or more in height or is classified significant or high
hazard.
For dams on NFS lands within the State of Nebraska, the Department and the Forest Service
agree to:
a.
Exchange inspection reports for dams.
b.
Exchange copies of correspondence to private dam owners.
c.
Conduct joint inspections upon request of either party.
d.
Exchange hazard analyses, stability analyses and other safety related reports.
e.
Consider the other's requests for assistance when setting priorities for inspection and
enforcement.
f.
Coordinate reviews and approvals by Forest Service and the Department of
construction drawings and specifications for construction, major repairs or
rehabilitation.
g.
Coordinate acceptance of construction and approval of operation and maintenance
plans.
h.
Inform each other of changes in ownership as they become known.
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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1586.03 - Exhibit 07--Continued
This agreement is effective upon signature of both parties and at the initiative of either signatory,
may be renegotiated at anytime. It may be set aside by either party upon 30 days written notice.
/s/Bob Storch
Director
Nebraska Department of
Water Resources
/s/Sid Hanks
FOR Regional Forester
Rocky Mountain Region
USDA-Forest Service
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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1586.03 - Exhibit 08
MEMORANDUM OF UNDERSTANDING
between the
STATE ENGINEER
State of Wyoming
and the
REGIONAL FORESTERS
Rocky Mountain and Intermountain Regions
USDA Forest Service
PURPOSE
Implementing this Memorandum of Understanding will assist both State and Federal personnel
in meeting statutory obligations to administer, monitor, and inspect Federal and non-Federal
dams on National Forest lands in Wyoming to provide for dam safety, public safety and resource
protection.
AUTHORITIES
State Engineer
1.
Wyoming constitution Article 8 and Wyoming Statutes 33-29-139, 41-3-301 through 41-3318, 41-3-615.
Regional Forester
1
Act of June 4, 1987 (30 Stat. 35; 16 U.S.C. 551.)
2.
Federal Land Policy and Management Act of October 21, 1976 (90 Stat. 2776; 43 U.S.C.
1761-71)
3.
Act of February 1, 1905 (16 U.S.C. 473)
4.
Act of July 22, 1937 (16 U.S.C. 1010)
5.
Act of June 12, 1960 (16 U.S.C. 528)
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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RESPONSIBILITIES OF THE STATE ENGINEER
1.
2.
The State Engineer is responsible for seeing that all dams in the State of Wyoming are
constructed, operated, and maintained in a safe manner by:
a.
approving permits for appropriation of water and for construction of facilities prior to
commencement of construction;
b.
establishing safe storage levels; and storage of water in reservoirs on the basis of
water availability, dams safety provisions and priority of existing water rights on the
applicable stream system;
c.
requiring that construction drawings and specifications for new construction and
major repair or rehabilitation of existing dams be prepared by engineers registered in
accordance with the laws of the State of Wyoming;
d.
approving construction drawings and specifications, prior to commencement of
construction or modification of dam structures;
e.
conducting periodic safety inspections to review the safety of dam structures at the
allowable water levels; and
f.
maintaining files to document and support the findings of the inspections and the
subsequent recommendations, orders, and schedules.
The State Engineer agrees:
a
.that Federal dams owned by the Forest Service are to be constructed, operated, and
maintained by the Forest Service;
b.
to invite Forest Service personnel to participate in dam safety training;
c.
to inform the Regional Forester about matters pertaining to breach orders, repair
orders, water level restrictions, or any other such orders or restrictions pertaining to
dams on National Forest System lands, and to consider the Regional Forester's
comments on such matters;
d.
to inform Forest Supervisors when State Inspectors will be conducting dam
inspections on their respective Forests;
e.
to accept forms and deficiency reports from the Regional Foresters, and;
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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CHAPTER 1580 – GRANTS, COOPERATIVE AGREEMENTS, AND OTHER AGREEMENTS
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f.
to instruct the owners of dams located on National Forest system lands to contact the
local Forest Service District Ranger before beginning repairs or design of repairs.
g.
to regulate the storage of water in reservoirs with consideration of dams safety issues
and in compliance with State Water Law.
RESPONSIBILITIES OF THE REGIONAL FORESTERS
1.
2.
The Regional Foresters:
a.
are required to manage National Forest Systems (NFS) lands to protect the
environment and public health and safety and may grant, issue, or renew rights-ofway over, upon, under, or through NFS lands for reservoirs, canals, ditches, flumes,
laterals, pipes, pipelines, tunnels, and other facilities for the impoundment, storage,
transportation, or distribution of water
b.
are responsible for approving dam designs, safety evaluation, and construction in
order to comply with Federal law.
The Regional Foresters agree to:
a.
adopt the State Engineer's inspection and deficiency reports;
b.
request the State Engineer's assistance in inspecting dams needing priority attention;
c.
inform the State Engineer of scheduled air inspections or trips to sites that are
expensive or difficult to access;
d.
upon request, provide the State Engineer copies of land use authorizing documents
and amendments;
e.
assist the State Engineer in arranging access to or identifying access alternatives to
projects in specially designated areas, e.g., wilderness, or wilderness study areas;
f.
provides the State Engineer with copies of relevant data, e.g., breach analysis on
dams on National Forest Systems lands;
g.
agrees to comply with Wyoming Water Law concerning dam inspections;
h.
invite SO personnel to participate in dam safety training;
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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CHAPTER 1580 – GRANTS, COOPERATIVE AGREEMENTS, AND OTHER AGREEMENTS
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i.
inform the State Engineer about matters pertaining to breach orders, repair orders,
water level restrictions, or any other such orders or restrictions on dams located on
NFS land in Wyoming and to consider the State Engineer's comments on these
matters, and;
j.
instruct owners of dams located on NFS land in Wyoming to contact the State
Engineer's office prior to commencing any proposed construction, enlargement,
repair, alteration, or removal of the facility.
MUTUAL DUTIES
For dams on National Forest System lands, the State Engineer and Regional Foresters agree to:
1
develop annual dam inspection schedules;
2.
exchange and accept inspection reports;
3.
exchange copies of correspondence pertaining to dam safety which is sent to private dam
owners;
4.
upon mutual agreement conduct joint inspections;
5.
exchange hazard analyses, stability analyses, and other safety-related reports, if available;
6.
consider the other's request for assistance when setting priorities for inspection and
enforcement;
7.
inform, exchange, and consider review comments concerning the construction drawings
and specifications for the construction, rehabilitation, or major repair of dams;
8.
inform, exchange, and consider review comments concerning construction, operation, and
maintenance plans of dams and issues relating to storage levels, breach orders, repair
orders, or any other orders or restrictions pertaining to dams on National Forest System
lands within Wyoming;
9.
to the extent possible inform each other of changes in ownership;
10.
develop procedural methods to minimize duplication of effort;
11.
coordinate relevant training;
R2 SUPPLEMENT 1500-2004-1
EFFECTIVE DATE: 02/04/2004
DURATION: This supplement is effective until superseded or removed.
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FSM 1500 – EXTERNAL RELATIONS
CHAPTER 1580 – GRANTS, COOPERATIVE AGREEMENTS, AND OTHER AGREEMENTS
1586.03 - Exhibit 08--Continued
12.
coordinate all emergency action planning;
and further agree that:
1.
nothing herein shall be construed as limiting the authority of the State in carrying out its
statutory and related responsibilities for management or regulation of dam safety;
2.
nothing herein shall be construed as limiting the statutory and related authority of the
Forest Service in connection with the proper administration and protection of National
Forest System lands, in accordance with Federal laws, regulations, and the agency Manual;
3.
nothing in the memorandum shall be construed as obligating the Forest Service or the State
Engineer's Office to expend funds in any contract or other obligation for future payment of
funds or services in excess of those available or authorized for expenditure;
4.
no member of, or delegate to Congress, or Resident Commissioner of the United States
shall be admitted to any share or part of this agreement or to any benefit that may arise
there from; and
5.
the provisions of this Memorandum are subject to the laws of the United States, the laws of
the State of Wyoming, the regulations of the Secretary of Agriculture.
This agreement is effective upon signature by the State Engineer and the Regional Foresters. Its
terms may be renegotiated at any time at the initiative of either signatory and may be set aside by
either party upon 30 days written notice.
/s/ Gordon W. Fassett
STATE ENGINEER
10/5/88
Date
/s/ Donald D. Loff (FOR)
REGIONAL FORESTER
Rocky Mountain Region
USDA Forest Service
9/27/88
Date
/s/ L.A. Roederer
REGIONAL FORESTER
Intermountain Region
USDA Forest Service
9/16/88
Date