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FOREST SERVICE MANUAL
PORTLAND, OREGON
TITLE 1900 - PLANNING
R-6 Supplement No. 1900-92-1
Effective October 23, 1992
POSTING NOTICE. Supplements to this manual are numbered consecutively.
Check the last transmittal sheet received for this manual to see that the above
supplement number is in sequence. If not, obtain intervening supplement(s) at once
from the Information Center. Do not post this supplement until the missing one(s)
is received and posted. After posting, place the transmittal at the front of the title
and retain until the first transmittal of the next calendar year is received.
The last R-6 Supplement to this Manual was 1900-90-1 (1950).
Document Name
1920
Superseded New
(Number of Sheets)
9
Digest:
1922.1 - Memorandum of Understanding between the State of Oregon, Bureau of
Land Management, and the USDA Forest Service is provided.
JOHN E. LOWE
Regional Forester
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FSM 1900 - PLANNING
R-6 SUPPLEMENT 1900-92-1
EFFECTIVE 10/23/92
CHAPTER 20 - LAND AND RESOURCE MANAGEMENT PLANNING
1922 - FOREST PLANNING.
1922.1. Forest Planning Process. Memorandums of Understanding (MOU's)
between the USDA Forest Service and other State, Federal, and local agencies
formalize the process, mechanism, and/or framework for addressing common
concerns about people, lands, and resources. This MOU creates a partnership
which provides for the strategic involvement of the State of Oregon and the Bureau
of Land Management in USDA Forest Service land management actions and plan
adjustment strategy.
See exhibit 01.
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1922.1 - Exhibit 01
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE GOVERNOR OF OREGON
AND
THE STATE DIRECTOR, BUREAU OF LAND MANAGEMENT
U.S. DEPARTMENT OF THE INTERIOR
AND
THE REGIONAL FORESTER, PACIFIC NORTHWEST REGION
FOREST SERVICE, U.S. DEPARTMENT OF AGRICULTURE
I.
Purpose
To provide a process for the State of Oregon, the United States
Department of Interior Bureau of Land Management (BLM), and the
United States Department of Agriculture Forest Service (USFS), to jointly
identify, communicate, and coordinate actions of common concern relating
to the lands and resources. To provide a mechanism for continuing
involvement in the development, implementation, monitoring, and
amendment or revision of land management actions and land use plans.
To provide a framework to guide and direct individual programs and
organizational units during the planning, implementation and monitoring
process.
II.
Authority
A.
State of Oregon
1. Oregon Constitution, Articles V and VIII.
2. Oregon Revised Statutes, Chapters 197, 477, 526, 527, and 530.
B.
Bureau of Land Management and Forest Service
1. Inter-governmental Cooperation Act, P.L. 90-577
2. National Environmental Policy Act, P.L. 91-190
Executive Order 11752 of December 17, 1973.
3. Endangered Species Act, P.L. 93-205, as amended.
4. Fish and Wildlife Coordination Act, P.L. 86-624, as amended.
5. Sikes Act of 1974
6. The Coastal Zone Management Act of 1972.
7. The National Wild and Scenic Rivers Act of 1968.
8. Federal Water Pollution Control Act of 1972, P.L. 92-538, as
amended.
9. Clean Air Act of 1970, P.L. 88-206, as amended.
10. Clean Water Act of 1977, P.L. 89-753, as amended.
11. Antiquities Act of 1906, as amended.
12. National Historic Preservation Act of 1966.
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13.
14.
15.
16.
17.
General Mining Law of 1872.
Mineral Leasing Act of 1947.
Mining and Mineral Policy Act of 1970.
Coastal Barriers Resource Act of 1982.
Wilderness Act of 1964
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1922.1 - Exhibit 01--Continued
C.
Bureau of Land Management
1. Federal Land Policy and Management Act of 1976, P.L. 94-579.
2. The Revested Oregon and California (O&C) Railroad Grant Land
Act of 1937.
3. The Coos Bay Wagon Road Act of 1937.
4. The Taylor Grazing Act, P.L. 73-482, as amended.
D.
Forest Service
1. Multiple-Use Sustained Yield Act, P.L. 86-517, as amended.
2. Forest and Rangeland Renewable Resources Planning Act,
P.L. 93-378, as amended by the National Forest Management Act,
P.L. 94-588.
III.
Findings
The signatories to this Memorandum of Understanding each find that:
IV.
A.
Land and resource management plans of the U.S. Forest Service and
BLM are interrelated with the missions and goals of each agency
and are interrelated with the mission, goals and plans of the many
State agencies.
B.
Actions of one signatory directly or indirectly affect the other two
signatories.
C.
The process that affects the notification of the other affected
signatories is in their mutual interest.
D.
Active communication among equivalent levels of all three
organizations is necessary to the operation of efficient government,
and will further the public interest.
E.
Land management and land use planning are key elements within
which coordination can provide significant benefits.
F.
A continuous information exchange can help to eliminate
duplication of effort and to resolve policy and management
differences.
Objectives
The signatories of this Memorandum of Understanding each agree to the
following objectives:
A.
To assure that notice of State of Oregon, Bureau of Land
Management, and Forest Service policy and program
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recommendations, actions, and other information affecting one or all
of the other parties are routinely transmitted to all of the other
signatories or designated alternates.
V.
B.
To eliminate duplication of effort where possible, help resolve policy
and management differences, and achieve maximum effectiveness
among the parties in the use of funds and personnel.
1922.1 - Exhibit 01--Continued
C.
To achieve effective coordination in the development,
implementation, monitoring and amendment or revision of land use
plans, and in resolution of significant natural resource issues of
interest to all parties.
D.
To provide a framework within which individual programs and
administrative units can develop their own implementation and
monitoring plans.
Responsibilities
A.
Mutual Responsibilities
In order to attain the stated objective, each signatory agrees to:
1.
Use fully the existing institutional systems for mutual
cooperation (e.g., Governor's Forest Planning Team and
Regional and National Forest Interdisciplinary Team
meetings). Such direct contacts, either under formal
agreements or by informal procedures, are encouraged in the
interest of better communication and coordination.
2.
Develop and carry out an active communication program
whereby each party will apprise the others of proposed
planning, policy formulation, and management efforts
affecting the others. Each party will promptly respond to the
others' notice with a verbal and/or written response if it
proposes to become involved in a particular planning, policy
formulation, environmental analysis, or management effort.
3.
Identify those issues for which the Governor, State Director
(BLM), and Regional Forester (USFS) desire routine personal
contacts in addition to those regular contacts existing
between State and Federal agencies.
4.
Cooperate and coordinate in the development,
implementation, monitoring, amendment and revision as
appropriate of Forest Plans under NFMA and Resource
Management Plans under FLPMA, and State policies and
plans, (e.g., the State Comprehensive Outdoor Recreation
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Plan, land use plans, water resource plans, transportation
plans, river and scenic waterway management plans, air and
water quality management plans, and historic preservation
programs) and provide for the timely review of such plans in
accordance with the public involvement efforts associated
with the plan, and the resolution of differences, where
possible, between parties.
5.
Cooperate and coordinate in seeking resolution of natural
resource issues and problems that involve and concern all
parties.
6.
Cooperate and coordinate to the extent practical in developing
data standards, inventorying and sharing data, utilization of
automated systems for analysts (e.g., GIS) and sharing
products of automated systems (e.g., maps, files, and records.)
7.
Make personnel available to the extent possible for
preparation and review of planning documents,
environmental assessments, reports, and impact statements,
and to participate in implementation, monitoring and
amendment or revision of plans and actions.
8.
Coordinate news releases on issues or projects directly
affecting parties.
9.
Develop and maintain an implementation and monitoring
plan which defines:
a. Mutual goals and priorities
b. Funding requirements, including coordination for seeking
and sharing agency funds, and funds from other parties.
c.
Appropriate research, including the development and
implementation of proposals.
d. The framework to guide individual programs and
organizational units.
e. Opportunities for sharing of data and developing consistent
data standards.
10.
On an annual basis, official representatives for the
signatories will:
Review the status of plan implementation and monitoring.
The State will be briefed by the Federal agencies on plan
accomplishments including monitoring. The State will be
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requested to review and comment on plan implementation
and monitoring documents, reports, etc., throughout the year.
The State will provide reports from individual State agencies
regarding specific program and/or geographic implementation
and monitoring efforts.
11.
Official representatives for signatories will meet as needed to
(a) evaluate the overall operation of this Memorandum of
Understanding, (b) discuss forthcoming activities or current
situations of mutual concern or interest, and (c) develop, or
set the stage to develop, mutually agreed to supplemental
agreements between the appropriate State and Federal
agencies.
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1922.1 - Exhibit 01--Continued
B.
Individual Responsibilities
1.
The Governor will:
a.
Ensure the dissemination of the Forest Service
Regional Guide and Forest Plans or plan amendments
or revisions, BLM Resource Management Plans or plan
amendments or revisions, environmental impact
statements and other major environmental documents
to the appropriate State agencies. Nothing contained
herein shall be construed as prohibiting direct contact
between the other parties and other State agencies
when appropriate.
b.
Designate an appropriate State official to act on issues
or programs when contact with the Governor's office is
not desired.
c.
Direct State entities, when appropriate, to develop
supplemental agreements with the other parties.
d.
Advise the other parties concerning the development,
amendment and revision of land management plans,
guidelines, rules, and regulations affecting federally
administered lands within the State, as well as such
other land management matters as may be requested
or appropriate.
e.
Provide the other parties with information or request
the other parties' involvement when State programs,
regulations, or decisions may influence or affect
management or use on National Forest or BLMadministered lands.
f.
Assist the other parties in securing agreements with
local governments, special purpose or quasigovernmental units, or interest groups within the State
as needed to carry out the intent of this Memorandum
of Understanding.
g.
Solicit participation of the other parties, when deemed
mutually desirable, in the work of appropriate State
boards, commissions, and advisory groups.
h.
Provide for State participation, when appropriate, in
the other parties' planning and environmental analysis.
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1922.1 - Exhibit 01--Continued
2.
The Regional Forester (USFS) and the State Director (BLM)
will:
a.
Designate a representative to ensure that the
Governor's designated official is informed of USFS and
BLM land management planning activities and the
preparation of environmental impact statements. This
information will include planning activity schedules
and notice of public meetings and review dates. For
major plans and proposed actions, the USFS and BLM
will transmit information and assistance requests
through the Governor's designated official. The
Governor's designated official will have the
responsibility for the timely dissemination of State
planning information to appropriate Federal agency
units.
b.
Meet, or assign a representative to meet, at least
annually with the Governor's designated
representative to discuss and forecast activities of
mutual interest.
c.
Assure that reviews are made of the planning and land
use policies of other Federal agencies and State and
local governments in the development of Federal land
management plans. Direct that this review give
consideration of the objectives of other Federal, State
and local governments in an effort to promote
consistency. This consideration shall be documented in
the planning records.
d.
When taking any federal action on policy and
administrative matters covered by this memorandum
where there are different recommendations between
two or more State entities, will (1) seek
recommendations from the Governor or designated
representative as to the State's preferred course of
action, or (2) inform the Governor of the BLM or the
USFS position and provide information on the tradeoffs
involved between the differing recommendations.
e.
Consult with the Governor or designated
representative on matters of mutual concern.
f.
Cooperate in the enforcement of State and county laws
and ordinances on lands administered by the Federal
agencies.
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g.
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Provide for the involvement of elected and appointed
State and local governmental officials in the
development of decisions for lands administered by the
BLM and USFS.
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1922.1 - Exhibit 01--Continued
VI.
VII.
Limitations
A.
Nothing in this Memorandum of Understanding shall be construed
as limiting or expanding the statutory or regulatory responsibilities
of the State, BLM or USFS in the performance of functions granted
to them by law; or as requiring any party to expend any sum in
excess if its respective appropriations. Each and every provision of
this Memorandum of Understanding is subject to the laws and
regulations of the State of Oregon, the laws of the United States,
and the regulations of the Secretaries of Agriculture and Interior.
B.
Reimbursement or exchange of funds may be needed for such
activities as planning coordination, data collection, research, and
projects. Such actions will require a separate collection agreement,
contract or purchase order which will be subject to all State statues,
and Federal regulations.
Effective Date
This Memorandum of Understanding shall become effective upon
signatures by the State Governor and other parties, and will remain
in force unless formally terminated by any party after thirty (30)
days written notice to the other of their intentions to do so.
VIII.
Amendments
Amendments to this Memorandum of Understanding may be
proposed at any time by either party, and shall become effective
upon approval by all.
8/17/92
Date
/s/ Barbara Roberts
Governor of the State of Oregon
8/17/92
Date
/s/ John E. Lowe
Regional Forester, Pacific Northwest Region
USDA, Forest Service
8/17/92
Date
/s/ Dean Bibles
State Director, State of Oregon
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USDI, Bureau of Land Management,