1561.7
Page 1 of 7
FOREST SERVICE MANUAL
INTERMOUNTAIN REGION (REGION 4)
OGDEN, UT
FSM 1500 – EXTERNAL RELATIONS
CHAPTER 1560 – STATE, COUNTY, AND LOCAL AGENCIES; PUBLIC AND
PRIVATE ORGANIZATIONS
Supplement No.: r4_1500-2003-1
Effective Date: February 19, 2003
Duration: This supplement is effective until superseded or removed.
Approved: JACK G. TROYER
Regional Forester
Date Approved: 02/04/2003
Posting Instructions: Supplements are numbered consecutively by Title and calendar year.
Post by document; remove 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
1500-2002-7 to FSM 1570.
New Document(s):
1561.7
7 Page
Superseded Document(s) by
Issuance Number and
Effective Date
1561.7 (Supplement 1500-95-1, 2/24/95)
7 Pages
Digest:
1561.7 – This supplement converts the format and style of Region 4 supplements to this Forest
Service Manual (FSM) to the new FSM template using the agency’s current corporate word
processing software. Some minor typographical and technical errors have been corrected.
R4 SUPPLEMENT 1500-2003-1
EFFECTIVE DATE: 02/19/2003
DURATION: This supplement is effective until superseded or removed.
1561.7
Page 2 of 7
FSM 1500 – EXTERNAL RELATIONS
CHAPTER 1560 – STATE, COUNTY, AND LOCAL AGENCIES; PUBLIC AND PRIVATE
ORGANIZATIONS
1561.7 - Planning Board
1561.7 - Exhibit 01
110400019201
MEMORANDUM OF UNDERSTANDING
BETWEEN
STATE OF UTAH
AND
INTERMOUNTAIN REGION
UNITED STATES FOREST SERVICE
U.S. DEPARTMENT OF AGRICULTURE
I.
PURPOSE
To provide a process for the State of Utah and the United States Forest Service (FS) to
jointly identify, communicate, and coordinate actions of common concern relating to
management activities on both State and FS administered lands and resources, and provide a
mechanism for continuing involvement in the development, implementation and revision of land
management plans. This memorandum replaces ones previously dated December 1972 and
August 1989.
II.
AUTHORITY
A.
United States Forest Service
1.
2.
3.
4.
5.
B.
Multiple Use Sustained Yield Act (1960)
National Environmental Policy Act (1969)
Resources Planning Act (1974) as amended by
National Forest Management Act (1976)
Executive Order 12372, Intergovernment Review of
Federal Programs (1982).
State of Utah
1.
2.
3.
4.
Article VII, Utah Constitution
Section 67-1-1, Utah Code
Section 63-28a-1, Utah Code
Executive Order 12372
R4 SUPPLEMENT 1500-2003-1
EFFECTIVE DATE: 02/19/2003
DURATION: This supplement is effective until superseded or removed.
1561.7
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FSM 1500 – EXTERNAL RELATIONS
CHAPTER 1560 – STATE, COUNTY, AND LOCAL AGENCIES; PUBLIC AND PRIVATE
ORGANIZATIONS
III.
RESPONSIBILITIES AND PROCEDURES
A.
Objectives
1. To assure that notice of Forest Service policy and program recommendations,
actions, or other information affecting Utah are routinely transmitted to the Governor or his
designated representative.
2. To assure that notice of State policy and program recommendations, actions, or
other information affecting lands administered by the FS in Utah are routinely transmitted to the
Regional Forester or his designated representative.
3. To eliminate duplication of effort where possible, resolve policy and management
differences, and achieve maximum effectiveness between the parties in the use of funds and
personnel.
B.
Mutual Understandings
1. This Memorandum of Understanding covers all National Forest System Lands
within the State of Utah. That is all of the Dixie, Fishlake, and Uinta National Forests and those
portions of the Ashley, Manti-La Sal, Sawtooth, Wasatch, and Cache National Forests that are
within the State.
2. No member of, or delegate to, Congress, or resident commissioner, shall be
admitted to any share or part of this agreement, or to any benefits that may arise therefrom; but
this provision shall not be construed to extend to this agreement if made with a corporation for
its general benefit.
3. Where reimbursement or exchange of funds may be needed and is mutually agreed
to for such things as planning coordination, data collection, research, and projects, separate
vouchers will be developed. Actions requiring an exchange of funds will require a separate
project agreement using this agreement as the authority for the project agreement.
4. All cooperative projects undertaken by the parties to this MOU requiring the
exchange of personnel, equipment, facilities or funds will be covered by a separate procurement
contract, purchase order, collection agreement, or property loan arrangement.
R4 SUPPLEMENT 1500-2003-1
EFFECTIVE DATE: 02/19/2003
DURATION: This supplement is effective until superseded or removed.
1561.7
Page 4 of 7
FSM 1500 – EXTERNAL RELATIONS
CHAPTER 1560 – STATE, COUNTY, AND LOCAL AGENCIES; PUBLIC AND PRIVATE
ORGANIZATIONS
C.
Mutual Responsibilities
The Forest Service and the State agree to:
1. Use the Resource Development Coordinating Committee (RDCC) of the State of
Utah for the timely notification and review of proposed policy formulation, planning effort,
environmental assessment, or management effort that may affect the other. Each party will
promptly respond through the RDCC to the other's notice as to how it proposes to become
involved in a particular policy formulation, planning effort, environmental assessment, or
management effort.
2. Fully use the Resource Development Coordinating Committee (RDCC) for the
timely resolution of differences, when possible, between the parties.
3. Identify those issues for which the State or the Forest Service desires routine
personal contact in addition to those regular contacts existing between State agencies and the
Forest Service.
4. Cooperate in establishing systematic procedures to give all levels of government
and the general public adequate notice and opportunity to comment upon and participate in the
formulation of plans, regulations, and programs relating to management of State and FS
administered lands.
5. To the extent possible under existing laws governing the administration of FS
administered lands, coordinate land-use management activities with the planning and
management program of the State to ensure cooperation in the development of complementary
studies, planning systems, and data banks.
6. Make available any information which may concern the other party regarding
land, resource, and environmental factors.
7. Resolve issues and concerns and, to the extent possible, make personnel available
for review of planning documents, environmental assessments, reports, and Environmental
Impact Statements.
8. Regularly review the need for, and assist in the development of supplemental
agreements between the appropriate State agencies and the appropriate FS offices when
necessary to implement the spirit and provisions of this agreement.
9. Promptly bring to the attention of the other party instances of failure to conform,
untimely responses, or dissatisfaction with the language and intent of this agreement.
R4 SUPPLEMENT 1500-2003-1
EFFECTIVE DATE: 02/19/2003
DURATION: This supplement is effective until superseded or removed.
1561.7
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FSM 1500 – EXTERNAL RELATIONS
CHAPTER 1560 – STATE, COUNTY, AND LOCAL AGENCIES; PUBLIC AND PRIVATE
ORGANIZATIONS
D.
Individual Responsibilities
1. The State will:
a. Designate the RDCC as the State's official contact point for all Forest Service
environmental (NEPA) documents covering National Forest System lands in
Utah. Nothing contained herein shall be construed as prohibiting direct contact
between FS and other State agencies when appropriate.
b. Disseminate in a timely fashion State planning information to appropriate FS
field units.
c. Utilize the RDCC as the official State institution for transmitting to the FS the
State's unified positions on matters of mutual concern.
d. Designate an appropriate State agency or department head to act on issues for
which contact of the Governor's office is not desired.
e. Direct its entities, when appropriate, to develop cooperative agreements
supplemental to this MOU with the Forest Service.
f. Advise the Forest Service concerning the development and revision of State
land management plans, guidelines, rules and regulations affecting FS
administered lands within the State, as well as such other land management
matters as may be requested or appropriate.
g. Provide the Forest Service information or request Forest Service involvement
when State programs, regulations and decisions may influence or affect
management or use on National Forest System Lands.
h. Assist the Forest Service in securing agreements between the Forest Service
and local governments, special purpose or quasi-governmental units, or interest
groups within the State as needed to carry out the intent of this agreement.
i. Solicit Forest Service participation when deemed mutually desirable in the
work of appropriate State councils, commissions, and advisory groups.
2. The Forest Service will:
a. Designate the Forest Supervisor of the Wasatch-Cache National Forest as the
Forest Service's representative to the RDCC. The Forest Supervisor may
redelegate this responsibility to a designated coordinator. This coordinator shall
have the responsibility for attending RDCC meetings and keeping the RDCC
R4 SUPPLEMENT 1500-2003-1
EFFECTIVE DATE: 02/19/2003
DURATION: This supplement is effective until superseded or removed.
1561.7
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FSM 1500 – EXTERNAL RELATIONS
CHAPTER 1560 – STATE, COUNTY, AND LOCAL AGENCIES; PUBLIC AND PRIVATE
ORGANIZATIONS
informed of the nature and timing of upcoming FS plans, projects, special studies,
and environmental documents.
b. Provide the RDCC the published summary of planned NEPA analyses on
individual Forests, early notification of projects not included in this summary,
scoping documents, Draft and Final Environmental Impact Statements, and all
NEPA decision documents (Records of Decision and Decision Notices). The
coordinator shall be responsible that the individual units provide this information.
c. Provide the RDCC a list (with mailing addresses) of Forest Service Supervisor
and Ranger District offices in Utah to be notified of State planning activities not
requiring full agency coordination.
d. To the extent possible under Federal laws, regulations, and policies governing
administration of National Forest System Lands assure that consideration is given
to State and local plans that are germane to the development of Forest Land and
Resource Management Plans. When State concerns cannot be accommodated the
FS shall explain the basis for its decision. At the scoping stage of Forest Plan
revisions, the FS is invited to RDCC to bring any plan information to the attention
of that group. A presentation of the revised plan at the draft stage will be made by
the FS to the RDCC. State and local entities will be informed, through the
RDCC, of land and resource plan inventories, planning, and management actions
on National Forest System lands.
e. Refrain from acting on any State policy recommendation or administrative
matter where there are differing recommendations between two or more State
entities, without (1) first receiving approval from the Governor or his designated
alternate as to the State's preferred course of action, or (2) informing the Governor
of the Forest Service selected position and advising him of the tradeoffs involved
between the differing recommendations.
g. Inform the State of revisions of Forest Plans and regulations and rulemaking
pertaining to planning of National Forest System Lands.
IV. LIMITATIONS
Nothing in the Memorandum of Understanding shall be construed as limiting or
expanding the statutory or regulatory responsibilities of the State or the Forest Service in
performing functions beyond those granted to them by law; or as requiring either party to expend
any sum in excess of its respective appropriations. Each and every provision of this agreement is
subject to the laws and regulations of the State of Utah, and laws of the United States, and the
regulations of the Secretary of Agriculture.
R4 SUPPLEMENT 1500-2003-1
EFFECTIVE DATE: 02/19/2003
DURATION: This supplement is effective until superseded or removed.
1561.7
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FSM 1500 – EXTERNAL RELATIONS
CHAPTER 1560 – STATE, COUNTY, AND LOCAL AGENCIES; PUBLIC AND PRIVATE
ORGANIZATIONS
V.
EFFECTIVE DATE
This Memorandum of Understanding shall become effective upon signature by the
Governor and Regional Forester, and shall remain in force unless formally terminated by either
party after thirty (30) days written notice to the other of his intentions to do so.
VI. AMENDMENTS
Amendments to this agreement may be proposed at any time by either party, and shall
become effective upon approval by both.
STATE OF UTAH
By /s/ Norman H. Bangerter
Governor
7/6/92
Date
U. S. FOREST SERVICE
By /s/ Clair C. Beasley
for Regional Forester
Intermountain Region
4/30/92
Date