FOREST SERVICE MANUAL SOUTHWESTERN REGION (REGION 3) ALBUQUERQUE, NEW MEXICO – RANGE MANAGEMENT

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FOREST SERVICE MANUAL

SOUTHWESTERN REGION (REGION 3)

ALBUQUERQUE, NEW MEXICO

FSM 2200 – RANGE MANAGEMENT

CHAPTER 2240 – RANGE IMPROVEMENTS

Supplement No:

2200-2014-2

Effective Date:

February 4, 2014

Duration: This supplement is effective until superseded or removed.

Approved: GILBERT ZEPEDA

Deputy Regional Forester

Date Approved: 02/04/2014

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 2200-2013-

1 to FSM 2200, Zero Code.

8 Pages New Document(s):

Superseded Document(s) by

Issuance Number and

Effective Date:

2240

2240, 2200-91-1, 01/31/1991 9 Pages

Digest:

Adds additional and clarifying language to current direction and removes text that is no longer relevant or current throughout the supplement.

2240.3 – Updates Regional policy direction and incorporates direction previously found at

2246.03 into this section.

2240.4 - Removes direction at this section.

2240.41a – Adds direction providing Regional approved sources of specifications for structural range improvements.

R3 SUPPLEMENT 2400-2014-2

EFFECTIVE DATE: 02/04/2014

DURATION: This supplement is effective until superseded or removed.

FSM 2200 - Management

Chapter 2240 – Range Improvements

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2241.11 – Moves direction from 2254.52 to be consistent with parent text. Updates Regional guidelines for the use of Range Betterment Funds.

2241.12 – Removes outdated direction on budget activity fund at this section.

2241.31 – Removes outdated text and provides updated direction concerning the use of permit modifications for range improvement work.

2242 – Removes outdated text and adds direction concerning approval of construction of range improvements in designated wilderness areas and approval of motorized use for structural range improvement projects in wilderness.

2243 – Removes outdated text and provides current advice for the planning and authorization of nonstructural range improvements.

R3 SUPPLEMENT 2400-2014-2

EFFECTIVE DATE: 02/04/2014

DURATION: This supplement is effective until superseded or removed.

FSM 2200 - Management

Chapter 2240 – Range Improvements

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2240.3

– Policy

1.

Only range improvements which are necessary for proper rangeland management as indicated in the grazing permit and the allotment management plan will be authorized.

2.

The Government holds title to all range improvements. All new range improvements or reconstruction of existing range improvements must be authorized by a permit modification for range improvement work [Form R3-FS-2200-10 (Modification of Term

Grazing Permit for Development of Range Improvements)].

3.

Normal maintenance includes work and materials needed to maintain the improvement in a functional and sound condition. Maintenance should not be considered as keeping an improvement in the original new condition; allowance must be made for normal depreciation. Materials furnished by the government, construction specifications, and any other pertintent information related to the improvement being authorized must be attached and made part of the permit modification (Form R3-FS-2200-10). See Section

2240.41a for direction and sources concerning Regional specifications for structural range improvements.

4.

When a range improvement has deteriorated beyond the point where normal maintenance will no longer keep it in a functional condition, the restoration of such an improvement will be considered the equivalent of new construction.

5.

Upon completion of new range improvement work involving two or more permittees, care must be taken in making equitable assignments of maintenance responsibility for the new range improvement. Coordination must be maintained between Ranger Districts and between Forests in the assignment of maintenance responsibility for structural range improvements.

6.

A list of range improvements assigned to the pemittee for maintenance responsibility, along with a map showing the location of improvements, will be attached to and made a portion of Part 3 of the term grazing permit. Permittees must be required to maintain range improvements in a functional condition. Failure to properly maintain range improvements in a functional condition is considered a violation of the term grazing permit.

7.

Annual operating instructions to permittees should indicate that range improvements must be properly maintained and in a functional condition.

8.

Certain range improvements, such as wells where complicated pumps and motors are used, require a great deal of mechanical skill for proper maintenance. When these skills are beyond the abilities of the permittees, cooperative deposits will be required for maintenance of such improvements.

R3 SUPPLEMENT 2400-2014-2

EFFECTIVE DATE: 02/04/2014

DURATION: This supplement is effective until superseded or removed.

FSM 2200 - Management

Chapter 2240 – Range Improvements

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9.

In some instances it may be appropriate for the Government to furnish materials for heavy maintenance of structural improvements. If the material furnished is a significant amount, a permit modification (Form R3-FS-2200-10) should be utilized for accounting of the materials necessary for completion of the work to the required standard.

10.

On National Grasslands, grazing fee offsets may be used for the construction of range improvements. Direction for this process must be covered in a Forest level supplement.

11.

Permit modifications will be entered into for only those improvements included in an approved allotment management plan, or previously already authorized in Part 3 of the term grazing permit for the allotment where the improvement is located.

12.

Forest Supervisors must evaluate investments identified in proposed allotment management plans to make sure such investments are economically effective. The following priorities will be considered when planning for or making range improvement investments: a. Reconstruction of fences and water developments necessary for existing management. b. Construction of new water developments needed for improved management. c. Construction of new fences needed for improved management. d. New nonstructural range improvements, or maintenance of previous nonstructural range improvement work on sites which have a high forage production potential and where permittees are willing to participate financially in both the initial improvement work and/or continuing maintenance in order to maintain the original purpose of the investment.

2240.4 - Responsibility

2240.41 - Regional Forester

2240.41a

– Regional Approved Specifications for Structural Range Improvements

Regional approved specifications for construction of structural range improvements are contained in the following approved sources:

1.

Document titled “Fences” – USDI Bureau of Land Management, USDA Forest

Service Technology and Development Program – July 1988, 2400 – Range, 8824

2803, 5E42D31 – Range Structural Equipment (210 pages).

R3 SUPPLEMENT 2400-2014-2

EFFECTIVE DATE: 02/04/2014

DURATION: This supplement is effective until superseded or removed.

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Chapter 2240 – Range Improvements

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2.

Document titled “Facilities for Watering Livestock and Wildlife” – Missoula

Technology and Development Center – July 1989, 2400 – Range, MTDC 89 – 1,

5E42D31 – Range Structural Equipment Handbook (71 pages).

3.

Document titled “Facilities for Handling, Sheltering and Trailing Livestock” –

USDA, USDI, Forest Service, Equipment development Center, Missoula, Montana –

September 1987, 2400- Range, 8724 2809, 5E42D31 – Range Structural Equipment

Handbook (52 pages).

4.

Document titled “Structural Range Improvement Handbook – Forest Service,

Southwestern Region, FSH 2209.22, R3, 1972. This is a former R-3 handbook of which most Forests and Ranger Districts have copies. This former handbook was deleted from the Forest Service Handbook Directives System in approximately 2001, but still contains valuable guidance on standards and specifications for structural range improvements. This document is approved for continued use within the

Southwestern Region.

2241.11 - Range Betterment Funds

The Federal Land Policy and Management Act of 1976 (P.L. 94-579) provides that 50 percent of the grazing fee receipts from the National Forests will be available for on-the-ground range rehabilitation, protection, improvements, and fish and wildlife enhancement. These receipts, entitled "Range Betterment Funds," are to be used for rangeland enhancement with resulting direct benefits to wildlife and watershed protection, as well as livestock production. Range development projects may, for example, include watershed restoration or browse seeding for wildlife. The intent is not improvement for livestock alone but a complimentary management concept for all rangeland needs.

Range Betterment Funds will be programmed through the program-planning and budgeting process. Although these are continuing funds, they must be utilized in the year allocated to the extent practical.

Normally, a current allotment management plan supported by current allotment-specific NEPA, must be approved prior to programing Range Betterment Funds for the development of new range improvements (both structural and nonstructural) on an allotment. Usually, Range

Betterment Funds will not be expended for maintenance of structural range improvements which are a permittee's assigned responsibility. Such funds may be used for inter-allotment boundary fence construction or reconstruction in the absence of an approved allotment management plan.

Priorities for use Range Betterment Funds are the same as the priorities previously listed in the previous section 2240.3 #12.

R3 SUPPLEMENT 2400-2014-2

EFFECTIVE DATE: 02/04/2014

DURATION: This supplement is effective until superseded or removed.

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Chapter 2240 – Range Improvements

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The following guidelines are established for use of Range Betterment Funds. In addition to new construction, Range Better Funds can be available for certain reconstruction or maintenance work.

1. On-the-Ground Work. This direct project work may be paid for with Range

Betterment Funds. The specific applications are:

a. Survey and design of a specific improvement project. b. Direct on-the-ground supervision including contract inspection of a specific improvement project. c. All salaries and direct travel for employees (including professional or technical people) who actually perform the work or the on-the-ground project supervision.

The work must be documented within a specific project work plan, and employees must be paid as work is performed. This document supports the propriety of using range betterment funds.

Improvement projects financed with Range Better Funds must provide for arresting rangeland deterioration through installation of additional range improvements that could lead to substantial betterment of forage condition with resulting benefits to wildlife, watershed protection, and livestock production.

2. Support of and planning of on-the-ground work. This direct support of project work may not be paid for with Range Betterment Funds. Specific examples of this type of support and planning of project work are: a. Rangeland inventories, planning, and the preparation of NEPA analyses and documentation. b. Overhead assessment accounts; such as, equipment F.O.R., building maintenance, radio maintenance, and maintenance of pack and saddle stock. c. General administration or program management support expenses.

2241.31 - Permit Modifications

The Act of June 30, 1914, (16 U.S.C. 498, 38 Stat. 430), as amended, is the basic authority for the acceptance of funds contributed by permittees toward cooperative range management improvements by the Forest Service.

When the Forest Service and a user (grazing permittee) wish to share the cost to perform some improvement work, there is a basis for a permit modification. No specific limitations have been set on the value of the improvement nor the maximum portion to be borne by the Forest Service or paid in cash or contributed labor by the cooperator.

R3 SUPPLEMENT 2400-2014-2

EFFECTIVE DATE: 02/04/2014

DURATION: This supplement is effective until superseded or removed.

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Chapter 2240 – Range Improvements

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Conversely, when the Forest Service wishes to do some improvement work and pay all the cost, there is no basis for cooperation and a procurement contract is required.

Each project must be considered on its own merits. If the construction of an improvement is a joint venture where both the Forest Service and permittee contribute to the cost, document the joint venture on the permit modification form (R3-FS-2200-10).

Construction of Structural Range Improvements: Construction of all structural improvements will be in accordance with needs and priorities determined through site-specific NEPA for the authorization of grazing and associated allotment management plans. See section 2240.41a for direction on approved sources of contruction standards for structural range improvements.

Cooperative construction projects with grazing permittees will be encouraged where they are in agreement with the improvement needs shown in the allotment management plan and associated allotment level NEPA for the authorization of the range management activities. The extent and type of cooperation will be agreed to and formalized through the use of a permit modification.

National Forest boundary fencing will ordinarily be considered the responsibility of the adjacent land owner. In some situations it may be desirable or necessary for the Forest Service and/or the permittee to participate in the fencing of a National Forest boundary. When such circumstances occur where the Forest Service and permittee [often in cooperation with the adjoining land owner(s)] are participating in such work, the relative participation and contribution by the permittee and the Forest Service should be documented in a permit modification.

Nonstructural Range Improvements: Permittee financial participation and/or direct performance of work may be permitted for nonstructural improvement projects such as range seeding and/or vegetation control. Therefore, if a permittee performs the work, it is imperative that established

Forest Service standards and procedures be followed. A permit modification should be used to authorized such nonstructual range improvement work.

Handling Permit Modifications: Agreement to undertake projects on a cooperative basis is often reached far in advance of the time when the work will actually be started. Actual execution of the permit modification should be delayed until immediately prior to commencement of work.

Determine the current status of work at least 30 days before scheduled completion date. If the project will not be finished on time and an extension of the work period is justified, amend the modification in writing with a letter to the permittee to provide for a later completion date.

2242 - Structural Range Improvements

2242.03 - Policy

Sources for structural range improvement specifications for the Southwestern Region are found in section 2240.41a.

R3 SUPPLEMENT 2400-2014-2

EFFECTIVE DATE: 02/04/2014

DURATION: This supplement is effective until superseded or removed.

FSM 2200 - Management

Chapter 2240 – Range Improvements

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The Forest Supervisor can approve all improvement projects within wilderness areas [see R-3 delegation of authority (2204.2)]. If mechanical or motorized equipment is to be used to implement the project within a wilderness area, the motorized use must be properly documented through the NEPA process and be planned consistent with the wilderness grazing guidelines

(FSM 2323.2). A request must then be submitted for approval by the Regional Forester for the proposed use of mechanical or motorized equipment in accordance with current Regional instructions.

2243 – Nonstructural Range Improvements

Nonstructural range improvement projects must be properly planned and authorized through the

NEPA process (FSH 1909.15 and FSH 2209.13, Chapter 90 – Rangeland Management

Decisionmaking). Such projects are normally identified and authorized through the NEPA process for the authorization of grazing and preparation of allotment management plans at the allotment site-specific level. However, if such is not the case, nonstructural range improvement projects can be planned and authorized through other, project specific, NEPA planning processes.

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