TITLE 2600 - WILDLIFE, FISH, AND SENSITIVE PLANT HABITAT MANAGEMENT
3/87 R-1 SUPPLEMENT 58
CHAPTER 2610 - COOPERATIVE RELATIONS
2611 - COOPERATION WITH STATE WILDLIFE AND FISH MANAGEMENT AGENCIES
2611.1 - State--Forest Service Memorandum of Understanding
Stream Preservation
The following policy is presented to ensure consistent notification actions within the State of
Montana related to protection of fish and game habitat, water quality in road planning and
construction, and water or hydraulic projects. The Memorandum of Understanding between the
State of Montana and the Forest Service (FS-01-78-017) specifies the submission of a Montana
Department of Fish, Wildlife and Parks form (FG 124) to meet the needs for coordination
required by the Montana Stream Preservation Act (Chapter 258, Montana Law of 1963, 26-118
RCM 1947). The permit requirements of the Natural Streambed and Land Preservation Act of
1975 (Title 26, Chapter 26, sections 26-1510 through 26-1523, RCM 1947) known as the 310
Act, are not applicable to National Forest lands and will not require submission of an application
for a 310 permit.
All projects on National Forest lands, including those done by Special Use Permittees and others,
fall under the FG 124 process and Montana Forest Supervisors will comply with Clause g of the
MOU FS-01-78-017 for all road planning and construction, and water or hydraulic projects.
Permittees and others will apply through the Forest Supervisor and the Forest Supervisor will be
responsible for coordinating with the Department of Fish, Wildlife and Parks according to the
following process:
1. The Forest representative (usually the Forest fishery biologist), along with a
representative from the Montana Department of Fish, Wildlife and Parks (FWP), and in
consultation with Forest engineers, hydrologists, or other pertinent personnel, will annually
(generally January or February) review the Forests' proposed projects for upcoming field seasons
to decide which ones could potentially impact any fishery related streams, stream banks, or
channels and their fish and game resources. All proposed projects will be reviewed and a
determination made of those which qualify for submission of an FG 124. Forests will then
prepare an FG 124 and submit it to the Forest representative who will send them to the
appropriate FWP Regional Fisheries Manager by March 15 of each year. Typical projects
include, but are not limited to: stream crossings, stream bank protection measures, habitat
improvement devices, and riparian zone disturbances such as road construction.
2. The FWP Regional Fishery Manager will review the forms and identify those projects
FWP would like further involvement with. Projects needing further involvement will be returned
by April 15 to the appropriate Forest representative who will then notify the appropriate field
units of the need to further involve FWP personnel in the project. Involvement of FWP
personnel in earlier NEPA processes is encouraged and would decrease the need for additional
involvement.
3. Forest field units will then schedule participation by FWP personnel for a field review
of the project. Final project design should not be done prior to the field review so necessary
adjustments can be made. Notification of field review dates will be made to FWP as early as
possible. If the FWP representative is unable to attend a field review, it will be their
responsibility to arrange an alternative plan for providing input.
4. After the field review, the FWP Regional Fisheries Manager, in consultation with the
Forest representative, will determine if the project could result in a significant increase in
turbidity, thereby requiring authorization from the State Department of Health and
Environmental Sciences (DOHES). The FWP Regional Fisheries Manager will notify by letter
both the Forest and DOHES if a short-term permit (3A) is required. The Forest will then be
responsible for applying to DOHES for the authorization.
5. For unplanned and/or emergency projects, FG 124 notifications will be sent to the
Forest representative who will then send them to FWP. Coordination of these projects will still
normally take at least 60 days, however, all Narties will expedite the process to the best of their
abilities. Forests will involve FWP in a manner similar to steps 1-4, above, and provide as much
notification and review time as possible.
FG 124 Coordination Procedure
_____________________
| Annual Meeting
|
|MFWP Representative |
|and Forest Fish
|
|Biologist, Hydrologist, |
|Engineer, etc.
|
|
|
|Projects not needing |
|
FG 124
|
|
|
|Unplanned or Emergency
| Projects
|60 days notice for
|unplanned projects, if
|possible. ASAP for
|emergency projects.
|Both agencies to expedite
|process when required.
|
|Projects needing |
| FG 124
|
|
|
|
|
|
|
|
|
|
|
|
|FG 124 to MFWP
| (by 3/15)
|
|MFWP response to |
|Forest (by 4/15) |
|
|
|
|
|
|Field units schedule
|involvement in project
|review prior to
|final project design.
|
|Forest advises MFWP
|in writing of
|inability to meet
|recommendations
|and reasons why
|
|
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|
|
|
|
|
|
|
|
|No further
|involvement
|necessary
|
|
|
|
|
|Non-concurrence |
|with project design |
|
|
|Concurrence with
|project design
|
|Re-design |
|
|
|
|
|
|3A permit
|required
|
|
|
|
|3A permit
|
|not required |
|
|
|DOHES notified |
|
|
_________________________________________________________________________
MEMORANDUM OF UNDERSTANDING
IDAHO DEPARTMENT OF FISH AND GAME - FOREST SERVICE
REGIONS ONE AND FOUR
U.S. DEPARTMENT OF AGRICULTURE
This Memorandum of Understanding is entered into by and between the Idaho Department
of Fish and Game, hereinafter referred to as the Department, acting by and through its
Commission and Director, under the authority of Title 36, and any other appropriate title and
chapter of the State of Idaho code, and the Forest Service, USDA, acting by and through the
Regional Foresters, Regions One and Four, hereinafter referred to as the Forest Service.
WHEREAS, The Department has been created under the laws of the State of Idaho to
provide for the protection, preservation, and management of wildlife and fish within the State,
and
WHEREAS, the Forest Service is authorized by acts of Congress and by regulations issued
by the Secretary of Agriculture to administer the resources of the National Forests, and
WHEREAS, it is the mutual desire of the Department and the Forest Service to work
together for the common purpose of developing, maintaining, and managing all of the wildlife
and fish resources on lands administered by the National Forests for the best interests of the
people of Idaho and of the United States.
NOW THEREFORE, in consideration of the above premises the parties hereto agree as
follows:
A. The Forest Service shall:
1. Manage National Forest System lands to the extent permitted and required by Federal
law, regulation, and the principles of multiple use management to consider wildlife and fish in all
management activities.
2. Recognize the Department as being the agency responsible for managing wildlife and
fish.
3. Consider the Department's goals and objectives in the development of National Forest
Plans. Implementation of these Plans will be the means of providing habitat capability to assist
the Department in achieving wildlife and fish population goals.
4. Provide the Department with copies of Forest Management Plans, news releases,
wildlife and fisheries habitat management plans of a Regional, Forest, District or area level,
correspondence relative to wildlife and fisheries including formal consultation on endangered
species matters, environmental analyses, environmental impact statements, and decision notices.
To provide, upon request from the Department, the opportunity to review other reports and plans
on a Regional, Forest, and District level which relate to the management of Forest resources
other than wildlife and fish which could affect wildlife habitats. Specific details shall be
developed in the Forest Supervisor/Regional Supervisor supplements .
5. Make available to representatives of the Department such National Forest
improvements, facilities, equipment, pack and saddle stock, aircraft and services as would be
used in wildlife work, provided they are not currently being used by the Forest Service.
6. Permit the erection and maintenance of structures needed to facilitate wildlife and fish
management activities of the Department within the National Forests, provided such structures
conform in character and location with requirements of the Forest Service, and that such projects
are covered by individual cooperative agreement, letter of concurrence by appropriate line
officer, or special use permit.
7. Permit the Department to undertake and maintain wildlife and fish habitat
improvements on the National Forests pursuant to laws and regulations governing use of these
lands, and provided such improvements are in accord with National Forest land management
plans, and such projects are covered by individual cooperative agreements, letter of concurrence
by appropriate line officer, or special use permits.
8. Invite Department representatives to participate on interdisciplinary teams when
impacts on wildlife and fish or habitats may be of concern to the Department.
B. The Department shall:
1. Manage wildlife and fish to the extent permitted by State laws and regulations so that
the effects on other National Forest resources are considered.
2. Recognize the Forest Service as the agency responsible for the management of National
Forest System lands.
3. Provide the Forest Service with Department's Species Management Plans, reports,
findings, news releases, laws and regulations, or other written materials relating to wildlife and
fish use on the National Forests and copies of other material and vital correspondence relating to
this Memorandum.
4. Make available to the Forest Service such improvements, facilities, and equipment as
would be used normally in the management and protection of National Forest resources,
provided they are not currently being used by Department personnel.
5. Erect no signs or structures and perform no construction not herein provided for on
National Forest System lands without first securing the approval of the appropriate Forest
Supervisor, or his representative.
6. Make no use of chemicals for the control of wildlife or fish on National Forest System
lands without prior consultation with the Forest Service.
7. Invite Forest Service personnel to participate in Department meetings when fish and
game plans are being developed that may affect National Forest System lands.
8. Consult with the Forest Service on proposed transplants or introductions of wildlife and
fish with sufficient lead time to permit joint field investigations regarding the effects of such
programs on National Forest System lands. Normal and recurrent trapping and transplant
projects, as defined in the Forest Supervisor/Regional Supervisor Supplements, are an exception
to this procedure.
9. Comply with Title 6 of the Civil Rights Act of 1964 and in accordance with Title 6 of
the Act, no person in the United States shall, on the grounds of race, color, or national origin, be
excluded from participation in, be denied the benefits of, or otherwise subjected to
discrimination under any program or activity under this memorandum.
C. It is mutually agreed and understood by and between the said parties:
1. To cooperate in the development and application of plans, surveys, and programs, and
to effect evaluations of other resource programs by providing and sharing scientific information.
2. That the Department and Forest Service will assist each other in the enforcement of
applicable laws and regulations by reporting violations, or suspected violations, to the
responsible Conservation Officer or Forest Officer. Such enforcement activities will be
incidental to the regular work activities of the respective agencies.
3. To meet periodically to discuss matters relating to the management of wildlife and fish
resources on National Forest System lands.
4. That the Department and Forest Service will jointly cooperate in the monitoring of
management indicator species, as listed in Forest Plans.
5. That the use of improvements, facilities, equipment, pack and saddle stock, and aircraft
for wildlife and fish management purposes will be coordinated with the local representatives of
both agencies. If there is to be a charge for the use of such equipment or services rendered, then
the rate will be at actual cost.
6. To erect on National Forest System lands structures and improvements that benefit
wildlife and fish resources, and undertake mutual signing for road closures where agreeable and
appropriate. The manufacture, location, language, and type of signs that the Department or the
Forest Service desires to erect on National Forest System lands that deal with wildlife
management practices,
policy, or benefits will be in keeping with standards published in the
Forest Service Sign Handbook; details will be worked out cooperatively between the Department
and the local Forest Supervisor.
7. Emphasis will be placed on resolving differences by the Forest Supervisor and Regional
Supervisor of the Department. If disagreements cannot be resolved they may be referred to
higher administrative levels.
8. When the views of one agency are contrary to the established policy or plans of the
other, representatives of both agencies shall meet in advance and attempt to resolve differences
before either agency expresses in public a view contrary to the established policy or plans of the
other agency. This is not to be construed to prevent either agency from providing pertinent
information to the public on the probable impacts of proposed actions prior to the decision
adopting a specific policy or plan of action. However, the emphasis is for each agency to work
together in the interdisciplinary approach in the decision making process.
9. That separate and individual agreements will be developed whenever specific areas of
National Forest are set aside for a program of intensive cooperative wildlife and fish
management which in part, or in whole, are financed by deposits in a cooperative work fund.
10. That each and every provision of this Memorandum is subject to the applicable laws of
the State of Idaho and the laws of the United States, and the regulations promulgated by each.
11. That nothing in this Memorandum shall be construed as obligating the Department or
the State of Idaho and the Forest Service or the United States Government in the expenditure of
funds or for the future payment of money in excess of appropriations authorized by State and
Federal laws.
12. That nothing herein contained shall be construed as limiting or affecting in any way
the authority of:
a. The Department in connection with the harvest, protection, preservation, and
propagation of wildlife and fish resources for which it is responsible.
b. The Regional Forester in connection with the administration and protection of the
National Forest System lands in accordance with the purpose for which the lands contained
therein were acquired and reserved.
13. That no member of or delegate to Congress, or resident Commissioner shall be
admitted to any share or part of this Memorandum or to any benefit that may arise therefrom; but
this provision shall not be construed to extend to this Memorandum if made for a corporation for
its general benefit.
14. This agreement may be terminated by mutual consent or by either party upon 90 days'
written notice.
15. This agreement supercedes agreement dated March 4, 1976, and supplements by each
agency.
16. To develop and maintain supplements to this Memorandum between individual Forest
Supervisors and the Department's Regional Supervisors for the purpose of promoting
understanding and cooperation by describing procedures for communication and coordination.
These supplements shall follow the same format and content as this Master Memorandum of
Understanding, and shall refer to this agreement.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the last
date written below.
IDAHO DEPARTMENT OF FISH AND GAME
Date
?
/s/ Jerry M. Conley
Director
USDA, FOREST SERVICE, R-4
Date
4/14/83
/s/ WHMcCrum
for Regional Forester
USDA, FOREST SERVICE, R-1
Date
2/18/83
/s/ Tom Coston
Regional Forester
_________________________________________________________________________
_________________________________________________________________________
SUPPLEMENT TO
MASTER MEMORANDUM OF UNDERSTANDING
IDAHO DEPARTMENT OF FISH AND GAME USDA FOREST SERVICE, REGIONS 1, 4, AND 6
WHEREAS, the Idaho Department of Fish and Game, hereinafter referred to as the
Department, and the USDA Forest Service, (Regions 1, 4, and 6), hereinafter referred to as the
Forest Service, mutually recognize the opportunity to improve elk management on National
Forests through increased cooperative efforts, and
WHEREAS, the Department and Forest Service agree that a clearly understood and
implemented access management program will increase the effectiveness of habitat management
for elk, and that the variety of public hunting and related recreation opportunities can thereby be
promoted, and
WHEREAS, the absence of such an effective access management program will lead to
diminished elk habitat effectiveness and reduced hunting opportunities, thereby not fulfilling elk
and hunter outputs as projected in agency management plans. It is envisioned that this condition
would result in interagency polarization and lead to conflicts in dealing with project-level
decisions and actions; accompanied by a decrease in public trust of the agencies management
abilities, and lower public acceptance of integrated resource management programs, and
WHEREAS, the Department and Forest Service desire to initiate a cooperative access
management program to improve elk hunting opportunities and habitat security on National
Forests, and
WHEREAS, the Master Memorandum of Understanding between the Department and the
Forest Service, dated April 14, 1983, does not specifically provide for such a cooperative
program.
NOW THEREFORE, in consideration of the above premises, the Department and Forest
Service hereby agree that:
1. Forest Supervisors and Regional Supervisors will meet to discuss and agree
upon geographic areas within which to manage access for elk hunting opportunities and elk
habitat security.
2. Forest Supervisors and Regional Supervisors will meet and review elk habitat
security as identified in National Forest Management Plans and will develop and implement
levels of access management appropriate to support the desired variety of hunting opportunities.
3. Forest Supervisors and Regional Supervisors will develop cooperative
enforcement programs to maintain and improve elk hunting opportunities and habitat security on
National Forests at desirable levels.
4. Forest Supervisors will address hunter access management within the context of
their Travel Planning Program, which will be coordinated with Regional Supervisors.
5. Forest Supervisors and Regional Supervisors will monitor and evaluate and
make desired revisions to access management programs.
IN WITNESS WHEREOF, the parties hereto have executed this amendment as of the last
date written below.
Date 10/6/86
/s/ Jerry M. Conley
Director
IDAHO DEPARTMENT OF FISH AND GAME
Date 8/21/86
/s/ James C. Overbay
Regional Forester
USDA FOREST SERVICE, R-1
Date 7/29/86
/s/ T. A. Roederer (for)
Regional Forester
USDA FOREST SERVICE, R-4
Date 9/23/86
/s/ Allan O. Lampi (for)
Regional Forester
USDA FOREST SERVICE, R-6
_________________________________________________________________________
_________________________________________________________________________
AMENDMENT TO
MEMORANDUM OF UNDERSTANDING
IDAHO DEPARTMENT OF FISH AND GAME - FOREST SERVICE
REGIONS 1 AND 4 AND 6
U.S. DEPARTMENT OF AGRICULTURE
WHEREAS, SB1359, passed by the 48th Idaho Legislature Second Regular Session and
signed by the Governor of Idaho, provides that the Department can, effective July 1, 1986, enter
into cooperative agreements to enforce road closures for the protection of fish and wildlife
resources on National Forest and adjacent privatelands, and
WHEREAS, the Department and Forest Service desire to implement a cooperative program to enforce such road closures, and
WHEREAS, paragraph C.2. of the IDFG-USFS MOU dated April 14, 1983, does not
specifically provide for such a cooperative program.
NOW THEREFORE, in consideration of the above premises the parties hereto agree to
amend paragraph C.2. as follows:
2. That the Department and Forest Service will cooperatively enforce road closures on
National Forest lands pursuant to S36-104(b)(10), I.C. Both agencies will assist each other in the
enforcement of other applicable laws and regulations by reporting violations, or suspected
violations, to the responsible Conservation Officer or Forest officer. Such enforcement activities
will be incidental to the regular work activities of the respective agencies.
IN WITNESS WHEREOF, the parties hereto have executed this amendment as of the last
date written below.
IDAHO DEPARTMENT OF FISH AND GAME
Date_____6/19/86_________
/s/ JERRY McConley
Director
USDA, FOREST SERVICE, R-4
Date_____6/24/86_________
/s/ Clair C. Beasly
(for) Regional Forester
USDA, FOREST SERVICE R-1
Date_____6/30/86_________
/s/ Barbara Holder_____________
(for) Regional Forester
USDA, FOREST SERVICE, R-6
Date_____7/23/86__________
/s/ Jxxxx C. Sxxxxxx__________
(for) Regional Forester
_________________________________________________________________________
MEMORANDUM OF UNDERSTANDING
MONTANA FISH AND GAME COMMISSION - FOREST SERVICE, REGION ONE
U.S. DEPARTMENT OF AGRICULTURE
This Memorandum of Understanding, made in duplicate this 7th day of September, 1978,
by and between the Montana Department of Fish and Game, hereinafter called the Department;
and the United States Forest Service, Region One, hereinafter called the Forest Service.
WHEREAS, the Department, together with the Fish and Game Commission, was created
under law by the State of Mosntana for the protection, preservation, and propagation of all
species of wild mammals, birds, fish, mollusks, crustaceans, amphibians, and reptiles hereinafter
called wildlife.
WHEREAS, the Forest Service, by Acts of Congress and regulations issued by the
Secretary of Agriculture, is responsible for maintaining proper habitat conditions for desirable
populations of wildlife and fish within National Forest lands, compatible with other recognized
uses of the lands and water concerned, and
WHEREAS, it is the mutual desire of the Department and The Forest Service to work in
harmony for the common purpose of promoting an effective wildlife management program on
National Forest lands in Montana for the best interests of the people of Montana and of the
United States.
I. THE FOREST SERVICE AGREES:
a. To recognize the Commission and the Department as being the agencies responsible for
establishing the regulations under which populations of wildlife will be managed.
b. To manage wildlife habitat resource on National Forest lands to benefit wildlife, under
the principles of multiple use management with special emphasis on endangered and threatened
species.
c. To provide the Department with annual reports and new plans, on a Regional and Forest
level, which relate to the management of resources.
d. To permit the erection and maintenance of structures needed to facilitate wildlife
management activities, provided such structures conform in character and location to Forest
Service requirements, and are covered by a cooperative agreement or a special use permit.
e. To permit the Department to undertake and maintain wildlife habitat improvements on
National Forest lands pursuant to laws and regulations governing use of these lands, and
provided such improvements are in accord with Forest Service land use plans, provided further
that such projects are covered by cooperative agreements and special use permits.
f. To keep the Department informed of important changes in Forest Service policies,
programs and projects which will have a significant impact on wildlife and/or outdoor recreation
resources including: Land exchanges, water use projects, herbicide and insecticide applications,
timber sales, and roads.
g. To consult with the Department and use its available expertise in the preparation of
Environmental Analysis Reports. Copies of such reports will be made available to the
Department.
h. To assist the Commission and the Department of Fish and Game in the enforcement of
the Montana Fish and Game laws to the extent permitted by Federal laws and regulations (36
CFR 261.8).
II. THE DEPARTMENT AGREES:
a. To recognize the Forest Service as the agency responsible for the occupancy, use, and
management of the National Forests and the wildlife habitat present or potentially available on
National Forest lands.
b. To keep the Forest Service currently advised on existing and proposed wildlife
management projects, policies, laws, and regulations, and to furnish copies for reference and
distribution.
c. To make or sanction no transplants nor introductions of wildlife on Forest Service
administered lands until a cooperative investigation has been made and approval is received from
the appropriate Forest officer.
d. To provide information to the Forest Service concerning annual fish stocking plans, and
removing rough fish within the National Forest.
e. To erect no signs, posters, nor permanent structures on the National Forest land without
first securing approval from the Forest Supervisor.
f. To make no use of pesticides for wildlife control on National Forest land without prior
approval.
g. To consult with the Forest Service in regard to regulations of wildlife populations and
harvesters so that wildlife habitat on National Forest lands will be maintained at an optimum
state of productivity consistent with management objectives for other National Forest resources.
h. To encourage a cooperative and professional approach in seeking solutions to problems
which may arise, by meeting at least once annually on a Forest Supervisor and Department
Regional Supervisor level for discussions of National Forest and Department programs affecting
wildlife resources and habitats.
i. To comply with Title VI of the Civil Rights Act of 1964 and all requirements imposed
by or pursuant to the regulation of the United States Department of Agriculture (7 CFR, Part 15)
issued pursuant to that Act, and hereby assures that in the operation and performance of this
Memorandum of Understanding to take immediately any measures necessary to effectuate this
requirement. If any real property or structure thereon is provided or improved with the aid of
Federal financial assistance extended to the Commission by the United States Department of
Agriculture, this assurance shall obligate the Commission, or in the case of any transfer of such
property, any transferee, for the period during which the real property or structure is used for a
purpose for which the Federal financial assistance is extended or for another purpose involving
the provision of similar services or benefits.
If any personal property is so provided, this assurance shall obligate the Commission for the
period during which they retain ownership or possession of the property. In all other cases, this
assurance shall obligate the Commission for the period during which the Federal financial
assistance is extended to it by this Memorandum of Understanding to the Commission by the
United States Department of Agriculture. The Commission recognizes and agrees that such
Federal financial assistance will be extended in reliance on the representations and agreements
made in this assurance. The Commission further agrees that the United States in addition to any
other rights and remedies provided by this assurance, the Civil Rights Act of 1964, or the
regulations issued thereunder, shall have the right to enforce this agreement by suit for specific
performance or by any other available remedy under the laws of the United States or the State in
which the breach or violation occurs.
III. THE DEPARTMENT AND THE FORST SERVICE MUTUALLY AGREE TO:
a. Cooperate in the management of wildlife and fish resources of the State of Montana
under the Forest Service's practice of multiple use management on National Forest lands.
b. Promote the integration of wildlife and fish habitat goals and objectives between the
two agencies.
c. Make available such improvements, facilities, and equipment normally used in the
management or protection of wildlife resources, not in current use and with prior written
approval, coordinated with the Forest Supervisor and the Department Regional Supervisor.
d. Maintain effective cooperation with a prompt and complete interchange of information.
e. Cooperate in the issuance of State licenses and Forest Service special use permits to
outfitters and guides.
f. Investigate proposals for the transplant of wildlife and fish species on the National
Forest and to prepare an Environmental Assessment Report of the investigation by the Forest
Supervisor and the Department Regional Supervisor which will document acceptance or
rejection of the proposal with the reasons given. Approved plans shall state the number of
animals to be transplanted, the release site, impact on private lands, and any other pertinent
information. Relocation of individual animals taken in solving nuisance or depredation problems
will be accomplished through mutual written agreement by the Forest Supervisor and
Department Regional Supervisor.
g. Invite the Department Regional Supervisor to participate in preliminary route selection
and plans-in-hand inspections of Forest Service road construction projects, in timber operator,
other cooperator, or permittee road construction projects which may affect Fish and Game. The
Forest Supervisor will consult with the Department Regional Supervisor on other water or
hydraulic developments which may affect Fish and Game. The Forest Supervisor will furnish
the Department Regional Supervisor copies of Department Form FG124, along with copies of
PIH inspection reports or project review reports if made.
h. Investigate each proposed brush control project. The Forest Supervisor will notify the
appropriate Department Regional Supervisor during the project planning phase. The Department
will submit a written report on wildlife species, with recommendations for the mitigation of
harmful effects and suggestions on how to benefit wildlife.
i. Cooperate in the implementation of the Sikes Act by developing a comprehensive plan
for the conservation and rehabilitation of wildlife habitat. The plan will specify areas for
programs, provide for direct wildlife habitat improvements or modifications, suitable range
rehabilitation where necessary to support wildlife, protection for species classified as endangered
or threatened, control of off-road vehicles, habitat research, studies, surveys, plans, and census,
law enforcement, hunting, fishing, and trapping regulations and propagation.
j. All cooperative projects undertaken by parties to this Memorandum requiring a sharing
of exchange of costs, manpower, equipment, or facilities will be covered by a separate
cooperative agreement which will be attached as a supplement to this Memorandum.
k. The Department recognizes the Forest Service as the agency responsible for Wilderness
Area Management under the 1964 Wilderness Act. The agencies agree to cooperatively plan the
following wildlife activities:
(1) Management of wilderness lakes
(2) Fire management planning
(3) Reintroductions of native species
(4) Habitat and populations surveys and studies.
l. Cooperate to the full extent possible with land use planning and coordinate plans when
on adjacent State and National Forest lands.
m. Each and every provision of this Memorandum of Understanding is subject to the
applicable laws of the State of Montana and the laws of the United States, and the regulations
promulgated thereunder.
n. Nothing in this Memorandum shall be construed as obligating the Commission or the
State of Montana and the Forest Service or the United States Government in the expenditure of
funds or for the future payment of money in excess of appropriations authorized by State and
Federal laws.
o. Nothing herein contained shall be construed as limiting or affecting in any way the
authority of:
(1) The Commission in connection with the proper protection preservation, and
propagation of fish, game, fur-bearing animals, game and nongame bird resources for which they
are responsible.
(2) The Regional Forester in connection with the proper administration and protection of
the National Forests in accordance with the purpose for which the lands contained therein were
required and reserved.
p. To comply with Public Law 91-190, the National Environmental Policy Act of 1969,
the cooperator and Forest Service agree to direct their program activities covered by this
agreement toward managing and enhancing the environment for the widest range of beneficial
uses without its degradation or risk to health or safety or other undesirable consequences. The
cooperator further agrees to assist the Forest Service in the preparation of environmental
statements as required by section 102(2)(c) of PL 91-190 for all major Federal actions taken
under this agreement which might significantly affect the quality of the human environment or
be highly controversial in regard to unresolved conflicts concerning the use of resources.
q. No member of, nor delegate to, Congress, nor resident Commissioner shall be admitted
to any share or part of this Memorandum or to any benefit that may arise therefrom; but this
provision shall not be construed to extend to this Memorandum if made for a corporation for its
general benefit.
r. This Memorandum and subsequent supplements and/or amendments shall become
effective upon approval by both parties hereto and shall continue in force unless either party
indicates upon thirty (30) days' notice in writing to the other party its intention to terminate upon
a date indicated.
MONTANA DEPARTMENT OF FISH AND GAME
By: /s/ Robert F. Wambach
____9/8/78_____
Date
USDA FOREST SERVICE
By: /s/ Tom Coston
Regional Forester
9/21/78
Date
SUPPLEMENT N0. 1 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
MONTANA FISH AND GAME COMMISSION AND THE REGIONAL FORESTER,
REGION 1, FOREST SERVICE, U.S. DEPARTMENT OF AGRICULTURE DATED
SEPTEMBER 21, 1978.
INTERAGENCY AQUATIC RESOURCES COMPUTERIZED DATA BANK
WITNESSETH:
WHEREAS, Region 1 of the USDA-Forest Service, and the Montana Fish and Game
Commission are mutually interested in fishery related aquatic resources of Montana, and
WHEREAS, each agency is gathering data on these resources, and
WHEREAS, it would be mutually beneficial and a savings of resource management dollars if
data collected by each agency was stored in a common computer data bank, and
WHEREAS, Section III, j of the Master Agreement and Section 5 of the Granger-Thye Act
authorizes cooperative work of this nature, and
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
A. The Forest Service shall:
1. design and develop the basic computer program system for an aquatic resources
data bank.
2. Make available the necessary remote computer facilities and time at the USDA
Ft. Collins Computer Center (or similar computer facilities as necessary) to the
extent allowable by law or statute.
3. Make available, as necessary, remote terminal equipment to the specified remote
computer facilities.
4. Administer access to the specified remote computer facilities.
5. Provide itemized statements of expenditures showing the amount of the
computer use and storage cost to be reimbursed by the Commission, at quarterly
intervals if desired by the Commission, but at least as of September 30 and March
31 of each year. Billings will be mailed to Montana State Fish and Game
Commission, Attention: Fisheries Division, Helena, Montana 59601.
B. The Commission shall:
1. Reimburse the Forest Service for all costs incurred of any special programming
that does not pertain to National Forest administered lands.
2. Reimburse the Forest Service for all costs of input, retrieval and storage of data that
does not pertain to National Forest waters to the extent that they are not offset by costs of
services furnished by the department; i.e., keypunching forms entered by Forest Service
personnel, and providing special listings from the State computer file that are specifically
requested by the Forest Service. Prior to billing by the Forest Service, the Commission will
submit an itemized list of costs incurred on behalf of the Forest Service so balance can be billed.
Reimbursement will be within 30 days of receipt of billing.
C. It is Mutually Agreed and Understood By and Between the Said Parties That:
1. Each party will name an overall agency coordinator to communicate and facilitate the
handling of the agencies' data, and coordinate mutual needs and improvement of the data bank.
2. Each party will store data in this computer data bank in a manner to permit retrieval by
the parties to this agreement.
3. Each party shall authorize and encourage negotiations of other State and Federal
agencies residing in Montana to participate in this program.
4. This supplement shall become effective as soon as signed by the parties hereto and shall
continue in force unless terminated by either party upon 30 days notice in writing to the other
party of his intention to do so.
5. All other clauses contained in the Master Memorandum of Understanding dated
September 21, 1978 will apply to this supplement.
IN WITNESS WHEREOF, the parties hereto have caused this document to be executed this
_________________day of ____________________, 1979.
MONTANA FISH AND GAME DEPARTMENT
Date_____May 11, 1979_____________ By_/s/ Robert F. Wambach
Director
U.S. FOREST SERVICE
Date_____May 16, 1979___________ By /s/ Tom Coston
Regional Forester
SUPPLEMENT NO. 2 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
MONTANA FISH AND GAME COMMISSION AND THE REGIONAL FORESTER,
REGION 1, FOREST SERVICE, U.S. DEPARTMENT OF AGRICULTURE
DATED APRIL, 1979
FISH AND WILDLIFE MANAGEMENT IN FOREST SERVICE
UNITS OF THE NATIONAL WILDERNESS PRESERVATION SYSTEM
WITNESSETH:
WHEREAS, The Wilderness Act of 1964 (P.L. 88-577) specifically states its objectives, policy,
and management direction in sections 2(a) and 4(b), and Wilderness is defined in section 2(c).
Fish and wildlife resource management in Forest Service units of the National Wilderness
Preservation System will adhere to the practice of allowing natural ecological successions to
operate freely insofar as they do not endanger life, property, or significant resources outside such
areas. This would include natural infestations of insects and fire in areas where approved fire
management plans are in effect. Fire suppression would be carried out according to the Servicewide suppression policy in all other situations. Management will be directed toward maintenance
of native plants and animals in their natural setting, and native animals and plant species
classified as endangered or threatened under the provision of the Endangered Species Act of
1973.
There is need for continual coordination and cooperative efforts between the Montana
Department of Fish and Game and the Forest Service to manage the fish and wildlife resources
and their habitats in wilderness. Both agencies concur in section 4(d) (8) of the Act which states:
"Nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the
several states with respect to wildlife and fish in the National Forests." Secretary of Agriculture
regulation (36 CFR 292.2) states, in part: "In resolving conflicts in resource use, wilderness
values will be dominant to the extent not limited by the Wilderness Act, subsequent establishing
legislation or these regulations."
With the above in mind, the following policy is stated:
FISH AND WILDLIFE RESEARCH
Policy
Research on wildlife, their habitats, and the recreational users of these resources is a legitimate
activity in wilderness and primitive areas. Methods which temporarily infringe on the wilderness
experience may be used provided the information sought is essential and alternative methods or
locations are not available.
Helicopters and fixed-wing aircraft may be used to conduct approved fish and wildlife research
activities in wilderness and primitive areas. Aircraft shall be used in a manner to minimize
disturbance to other users, including humans and wildlife.
Where research activities are underway prior to designation as a wilderness or primitive area,
those activities may be carried to their logical conclusion.
Guidelines
1.
In planning aircraft flights over wilderness and primitive areas, the following factors shall
be considered to minimize disturbance: time of day, season of the year, elevation of flight,
route of flight, and location of landing areas on perimeters of the area. Regional Forester
approval is necessary on a cases-by-case basis when landings are planned.
FACILITY DEVELOPMENT AND HABITAT ALTERATION
Policy
Although neither construction of facilities nor alteration of wildlife habitats to enhance their
value for a species is consistent with the free operation of natural processes, there are situations
where such measures may become necessary for the continued existence of wildlife living on or
adjacent to wilderness or primitive areas. This is particularly true in the case of wildlife species
adversely impacted through the activities of man in such areas.
Fishery flow maintenance dams, water developments, water diversion devices, ditches and
associated structures necessary for wildlife management and in existence prior to designation of
a wilderness or primitive area may be permitted to remain in existence, operated and maintained,
provided maintenance is performed with nonmotorized equipment, and subject to the guidelines.
Clearing of debris which impedes the migratory movements of fish on critical spawning streams
shall be permitted.
Guidelines
1. Any proposed new structures or habitat alterations shall be submitted to the administering
agency for approval.
2. Any new and existing structures permitted for wildlife management will be built or
maintained in a manner which will minimize the visual impacts on the landscape.
3. Clearing of debris from spawning streams shall be limited to those identified in an approved
management plan as being critical to the propagation of fish.
4. All clearing of debris shall be by nonmotorized equipment. Explosives may be used only
when the use of handtools is not practical and outside of heavy visitor-use periods.
5. Any decision to remove any existing water related improvements, mentioned in the policy
statement above, will be made jointly by the State agency and the administering agency.
ENDANGERED AND THREATENED SPECIES
Policy
The importance of wilderness and primitive areas in providing habitat for endangered and
threatened species of wildlife, as identified by Federal and State governments, is hereby
recognized. This is especially true of those species that are dependent upon wilderness
conditions for their survival. However, it is also recognized that there are other land designation
options available which may offer similar or higher levels of protection for such species without
the management constraints imposed by designation as a wilderness or primitive area.
Guidelines
1. Wilderness or primitive area designations shall not be used solely to benefit endangered and
threatened species of wildlife when an alternative land classification will offer equal or better
protection.
2. In previously designated wilderness and primitive areas and those subsequently designated
that contain known populations of endangered or threatened species, wilderness management
shall provide the maximum protection for these species and their habitat.
3. Wilderness and primitive areas that offer suitable habitat for threatened and endangered
species may be used as transplant sites subject to conditions described elsewhere in this
document.
Note: Other sections of these policies and guidelines address additional aspects of the
management of threatened and endangered species.
FISHERIES MANAGEMENT
The following policies and guidelines are intended to provide for a sound fisheries management
program in wilderness and primitive areas.
ANGLING
Policy
Angling is a legitimate wilderness and primitive area activity subject to State laws and
regulations that are enforceable by State wildlife officers and all other duly commissioned
persons.
POPULATION SAMPLING
Policy
Scientific sampling of fish populations is recognized as an essential procedure in the
maintenance of balanced fish populations in wilderness and primitive areas.
Guidelines
Population sampling involving gill netting, electrofishing (nonmotorized), or other standard
methods complying with sections 4(c) and (d) of the Wilderness Act falls under the provision for
studies. Timing shall be coordinated to avoid heavy public-use periods.
CHEMICAL TREATMENT
Policy
Chemical treatment may be necessary to prepare waters for the reestablishment of a native
species, to reestablish an endangered or threatened species, and to correct undesirable conditions
resulting from the influence of man.
Guidelines
1. All Federal and State laws, regulations, and executive orders relative to the use of pesticides
shall be strictly adhered to.
2. In the selection of a pesticide, preference shall be given to those that can be readily
detoxified, e.g., derbis which can be detoxified with potassium permanganate, particularly when
used in streams or other waters with downstream connections.
3. Chemical treatment operations should be scheduled during periods of low human use.
4. Fish removed shall be immediately disposed of in a manner agreed to by the Montana
Department of Fish and Game and the USDA-Forest Service.
SPAWN TAKING
Policy
The collection of fish spawn shall be permitted from wilderness and primitive areas when
alternative sources are nonexistent or unreliable or where spawn taking was an established
practice prior to the area being officially designated, subject to the guidelines below.
Guidelines
1. Collection and removal of spawn shall not involve the use of motorized equipment within the
boundaries of the area.
2. Techniques and facilities necessary to spawn taking operations and in existence prior to the
designation of the area may continue to be used as provided for in the approved management
plan.
3. Facilities for spawn taking stations established subsequently to designation must be of a
temporary nature and be completely removed after the termination of each season's operation.
4. A decision to no longer permit spawn taking where it was an established
practice prior to designation of the area will be made jointly by the Montana Department of Fish
and Game and the USDA-Forest Service.
FISH PLANTING AND TRANSPLANTING
Policy
Planting or transplanting of fish may be conducted by the State agency, using means appropriate
for wilderness or primitive areas, when any one of the following criteria is met: (1) to reestablish
or maintain an indigenous species, (2) to restore an endangered or threatened species, or (3) to
maintain or enhance recreational values as identified in the management plan.
Barren lakes and streams may be considered for stocking after it has been mutually agreed to that
there will be no appreciable loss of scientific values or adverse effects on wilderness resources.
Alterations in fish planting programs shall not be made for the purpose of reducing the impact of
overuse except as part of a cooperative effort between the Forest Service and the State Fish and
Game Department to adjust such use.
Numbers of fish and time of planting will be determined by the State agency. Species selected
for planting will be in accordance with the guidelines below.
Guidelines
1. The Fish and Game Department shall make fish stocking schedules available to the Forest
Service, indicating what species and numbers are planned for each water within a wilderness or
primitive area.
2. Stocking rates shall be adjusted to minimize the likelihood of exceeding the biological
capabilities of the water being stocked so as to reduce the chance of producing a stunted
population and to minimize the likelihood of attracting overuse to the detriment of wilderness or
primitive area resources.
3. Preference in the selection of species for planting will be given to: native species (for
purposes of this document, species of fish traditionally planted prior to designation may be
considered native); endangered or threatened species of fish if there is likelihood for survival and
if the species or subspecies has an overall distribution pattern encompassing the transplant site;
and species likely to spawn successfully under the conditions characteristic of the water being
considered.
AERIAL FISH PLANTING
Policy
Aerial planting of fish shall be a permitted practice for those waters in wilderness and primitive
areas where this was an established practice before the area was classified as a wilderness or
primitive area, or other practical means are not available.
Guidelines
1. Same as guideline No. 1 under Fish and Wildlife Research.
2. As justification for aerial stocking, the Fish and Game will supply the Forest Service a list of
those waters which stocking with aircraft was an established practice prior to designation,
indicating the type of aircraft as fixed-wing or helicopter, which will become a part of the
management plan.
3. For those waters not on an aerial stocking schedule, the Fish and Game shall demonstrate in
writing to the Forest Service the need for use of aircraft.
WILDLIFE MANAGEMENT
HUNTING AND TRAPPING
Policy
Sport hunting ad trapping in wilderness and primitive areas are recognized as legitimate
activities subject to State laws and regulations that are enforceable by State wildlife officers and
all other duly commissioned persons.
Guidelines
1. Sport hunting and trapping defined as a recreational use and not that of a total effort such as
would be the case commercially.
WILDLIFE STUDIES
Policy
All wildlife studies conducted within and over wilderness and primitive areas shall be conducted
within the basic concept of preserving the natural character of these areas. Aerial counts and
observations of wildlife without landing shall be permissible for management of wilderness
wildlife resources. Capturing and inconspicuous marking of animals, including radio telemetry,
shall be permitted.
Temporary installations, such as shelters for cameras and scientific apparatus, enclosures and
exclosures, essential for wildlife research and management studies may be approved on a caseby-case basis.
Guidelines
1. Same as guideline No. 1 under Fish and Wildlife Research.
2. Insofar as possible, all structures shall be situated and constructed so as to make them
unobtrusive on the landscape.
3. Structures shall be constructed of native materials or camouflaged to make them blend with
their natural surroundings.
4. Specific written approval and/or permits must be obtained from the Forest Service prior to the
erection of any structure, enclosure, or exclosure.
5. All structures will be properly disposed of in a manner prescribed by the Forest Service after
the need therefore no longer exists.
TRANSPLANTING WILDLIFE
Policy
Reintroduction or supplemental transplants of terrestrial wildlife species in wilderness or
primitive areas shall be permitted subject to the following criteria: (1) the status of a threatened
or endangered species would be enhanced; or (2) the population of a native species eliminated or
reduced by acts of man would be restored or enhanced; or (3) other significant wilderness or
primitive area values would not be impaired.
Guidelines
1. All introduction projects by the Fish and Game shall have prior written approval from the
Forest Service.
2. Transplants shall be made in a manner compatible with the wilderness character of the area.
3. Animal transplanting programs may use mechanical transport, including helicopter, only upon
a determination by the Assistant Secretary of Agriculture that the reintroduction is desirable and
that no practical alternative mode of transportation exists.
4. Predator control measures may be employed subject to restrictions detailed under Control of
Problem Animals, if such controls are deemed necessary to the establishment or reestablishment
of a species.
CONTROL OF PROBLEM ANIMALS
Policy
Control of problem animals in wilderness and primitive areas may be necessary to reduce
depredations on other wildlife and domestic livestock, to remove animals creating a public
nuisance related to human interests, and to prevent transmission of diseases or parasites affecting
other wildlife and humans. Control of nonindigenous species may also be necessary to abate
conflicts with native species, particularly if those native species are endangered or threatened.
Guidelines
1. Acceptable control measures include lethal and nonlethal methods, depending upon need,
justification, location, conditions, efficiency and applicability of State and Federal laws.
2. Control measures are to be implemented by the State wildlife agency or by other agencies
pursuant to cooperative agreements and memorandum of understanding and must be approved by
the administering agency on a case-by-case basis.
3. To the extent possible, control shall be directed at individual animals or populations causing
the problem.
4. The level of control shall be the minimum necessary to control the problem animals.
5. Control by the use of pesticides shall be limited to those situations where other measures are
impractical and shall be subject to the following restrictions.
a. All relative Federal and State laws, regulations, and executive orders shall be strictly
adhered to.
b. Applications of pesticides shall be performed only by properly trained or licensed
personnel.
c. The placement of pesticides shall be accurately indicated on the large-scale standard
USDGS map available.
d. Warning signs shall be placed at the entrance to the area where pesticides are being
used to warn the public of any dangers to themselves or their pets.
e. Pesticide applications which lend themselves to removal or some other form of safe
disposal shall be so administered. Said agents shall not be permitted to remain in a toxic
condition longer than six (6) months.
f. Pesticides selected shall be as target specific as possible and those likely to produce
secondary poisoning or to otherwise enter a fish or wildlife food chain under normal use
shall not be allowed.
VISITOR MANAGEMENT TO PROTECT WILDLIFE RESOURCES
Policy
The intent of Congress, as expressed in the Wilderness Act of 1964
(section 2(a)), is to secure for ". . . present and future generations the benefits of an enduring
resource of wilderness . . ." by establishing a National Wilderness Preservation System which ". .
. shall be administered for the use and enjoyment of the American people in such a manner as
will leave them (wilderness areas) unimpaired for future use and enjoyment as wilderness. . . "
The Act goes on to define wilderness as an area ". . . protected and managed so as to preserve its
natural conditions . . ." (section 2 (c)).
In order to provide the necessary protection to conserve the wildlife resource of the area and still
permit public use and enjoyment of said resources, the Forest Service in consort with the State
Fish and Game will take steps to directly or indirectly regulate consumptive and nonconsumptive
use by humans so as to maintain wildlife populations and their habitats at levels and conditions
specific in the management plan.
Guidelines
1. Each management plan will specify controls on the type and season of public use necessary to
minimize conflicts with wildlife.
2. Trails and designated camping areas shall be laid out in a manner to avoid sensitive areas or
to minimize their overuse by providing appropriate buffer zones.
3. Location of trail heads, size of parking lots, steepness of grades on trails, and similar
techniques should also be employed to control level of public use.
4. If and when it becomes apparent that public use is significantly degrading the wilderness or
primitive area resources, limitations on visitor use which are applied across the board in an
equitable fashion shall be imposed and enforced by the appropriate agency.
MONTANA DEPARTMENT OF FISH AND GAME
By: /s/ Robert F. Wambach
Director
4/2/79
Date
USDA - FOREST SERVICE
By: /s/ Warren G. Davies
(for) Regional Forester
4/17/79
SUPPLEMENT NO.3 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
MONTANA FISH AND GAME DEPARTMENT AND THE REGIONAL FORESTER,
REGION 1, FOREST SERVICE, U.S. DEPARTMENT OF AGRICULTURE DATED
SEPTEMBER 21, 1978
ELK HUNTING OPPORTUNITY AND ROAD ACCESS MANAGEMENT COORDINATION
WITNESSETH:
WHEREAS, the Montana Fish and Game Department, hereinafter referred to as the Department,
and Region 1 of the USDA Forest Service, hereinafter referred to as the Forest Service, mutually
recognize the opportunity to improve elk management on National Forests through increased
cooperative efforts, and
WHEREAS, the Department and Forest Service agree that a clearly understood and implemented
access management program will increase the effectiveness of habitat management for elk, and
that the variety of public hunting and related recreation opportunities can thereby be promoted,
and
WHEREAS, the absence of such an effective access management program will lead to
diminished elk habitat effectiveness and reduced hunting opportunities, thereby not fulfilling elk
and related recreation outputs as projected in agency management plans. It is envisioned that
this condition would result in interagency polarization and lead to conflicts in dealing with
project-level decisions and actions, accompanied by a decrease in public trust of the agencies
management abilities, and lower public acceptance of integrated resource management programs,
and
WHEREAS, the Department and Forest Service desire to initiate a cooperative access
management program to improve elk hunting opportunities and habitat security on National
Forests, and
WHEREAS, the Department and the Forest Service Master Memorandum of Understanding of
September 21, 1978, does not specifically provide for such a cooperative program.
NOW THEREFORE, in consideration of the above premises the Department and Forest Service
hereby agree that:
1. Forest Supervisors and Regional Supervisors will meet to discuss and agree
upon geographic areas within which to manage access for elk hunting opportunities and elk
habitat security.
2. Forest Supervisors and Regional Supervisors will meet and review elk habitat
security as identified in National Forest Management Plans and will develop and implement
levels of access management appropriate to support the desired variety of hunting opportunities.
3. Forest Supervisors and Regional Supervisors will develop cooperative
enforcement programs to maintain and improve elk hunting opportunities and habitat security on
National Forests.
4. Forest Supervisors will address hunter access management within the context of
their Travel Planning Program, which will be coordinated with Regional Supervisors.
5. Forest Supervisors and Regional Supervisors will monitor and evaluate and
make desired revisions to access management programs.
IN WITNESS WHEREOF, the parties hereto have executed this amendment as of the last
date written below.
MONTANA FISH AND GAME DEPARTMENT
Date September 8, 1986
USDA FOREST SERVICE
By /s/ James W. Flynn
Director
Date August 21, 1986
By /s/ James C. Overbay
Regional Forester
_________________________________________________________________________
FS-01-86-09
MEMORANDUM OF UNDERSTANDING
MONTANA NATURAL HERITAGE PROGRAM
THIS MEMORANDUM OF UNDERSTANDING IS ENTERED INTO BY AND BETWEEN
THE U.S.D.A., FOREST SERVICE, REGION ONE, HEREINAFTER REFERRED TO AS
THE USFS AND THE MONTANA NATURAL HERITAGE PROGRAM, HEREINAFTER
REFERRED TO AS THE MNHP, THROUGH THE STATE OF MONTANA, MONTANA
STATE LIBRARY, HEREINAFTER REFERRED TO AS THE MSL, UNDER THE
AUTHORITY OF THE ACT OF OCTOBER 18, 1974, PUBLIC LAW 93-452, COMMONLY
REFERRED TO AS THE SIKES ACT.
WHEREAS, the USFS, under the laws of the United States and regulations of the
Secretary of Agriculture, is responsible for managing viable fish and wildlife habitats including
plants within the areas under its administration, compatible with other recognized uses of the
lands and waters concerned; and
WHEREAS, the MSL was created by the State of Montana to provide informational data
storage and retrieval services for citizens of the state: and
WHEREAS, The Montana State Legislature has created the Natural Heritage Program to
store and manage information on a state level on the most sensitive resources, including rare,
threatened, and endangered plant and animal species, sensitive plant and aquatic communities,
and exemplary geological features, and the MNHP was created as a cooperative effort between
the MSL and the Nature Conservancy to identify and preserve these significant habitats and plant
and animal species of Special Concern; and
WHEREAS, it is the mutual desire of these agencies to work for the common purpose of
maintaining and managing resources of mutual interest for the people of Montana and of the
United States in fulfilling respective agency obligation; and
WHEREAS, the MNHP has an established, centralized data base containing inventory data
on plant and animal species and plant and aquatic communities of special concern found
throughout the State; and
WHEREAS, the effective management of these above mentioned natural resources on
lands under these agencies jurisdiction is dependent upon the availability and evaluation of
statewide and national information available; and
WHEREAS, these agencies wish to maintain and enhance the Natural Heritage Program
data base, and obtain the advantages of its presence through the collection and management of
these data in the most efficient, cost effective, and biologically sound manner available; and
NOW THEREFORE, in consideration of the above premises the parties hereto agree as
follows:
A. The USFS Agrees:
1. To serve as a cooperator with the MNHP and provide a representative to serve as needs
arise to evaluate the progress of the MNHP as it relates to USFS resources or interests. This
representative will also serve as coordinator to facilitate communications and information
transferral between the USFS and the MNHP.
2. To provide new or updated information that is generated by its employees on Heritage
listed species, including sightings and inventory information to the MNHP data base during the
time period this document is in effect. This information will be provided to MNHP in a mutually
acceptable format and on a current basis as it is collected and processed by the USFS.
3. To enter into a separate procurement arrangement for the collection, processing, and
management of data generated in clauses A.2 and B.2 that is pertinent to USFS program needs
and requires a sharing or exchange of costs, manpower, equipment or facilities.
4. To, through separate negotiations, enter into voluntary cooperative arrangement(s) with
the MNHP (in a mutually agreeable format) to provide, through the Forest Planning Process, for
the protection of areas on National Forest System lands supporting significant natural heritage
resources, including registration or dedication of these lands into the Federal Research Natural
Area or Natural History Area Programs or the State Natural Area Preserve System.
B. The MSL, through the MNHP, Agrees:
1. To provide personnel, office space, and equipment for the collection, updating, and
maintenance of data records in the MNHP data base.
2. To collect, update, maintain records of Heritage listed species, sensitive plant and
aquatic communities, and exemplary geological features, including sightings and inventory
information in the MNHP data base as funds are available. Data will be collected from a variety
of sources including universities, museums, herbaria, consultants, and agency biologists.
3. To incorporate information provided by the USFS to the MNHP for inclusion in the
data base and to provide the USFS with a report, in a format mutually agreed upon, listing the
total data base information annually as allocations allow.
4. To confer with the USFS in developing a priority ranking for processing Agency
information within the data base subject to the availability of funds as identified in A.3 above.
5. To provide verbal and written reports of data base managed information on a periodic
and project basis as requested by the USFS subject to established user fees or subject to a
separate arrangement acceptable to both parties as identified in A.3 above. The format for these
reports will be mutually agreed upon by the parties entering into this agreement.
6. To be responsible for all financial obligations associated with the data base except as
provided for through Federal agency appropriations.
7. To, through separate negotiations, enter into voluntary cooperative arrangement(s) with
the USFS (in a mutually agreeable format) to provide data for the protection and management of
areas on National Forest System lands supporting significant natural heritage resources,
including registration or dedication of these lands into the Federal Natural Area Preserve
Programs or the State Natural Area Preserve System.
C. It is mutually agreed and understood by and between the aforementioned parties that:
1. The successful management of rare, threatened, endangered, and sensitive plant and
animal species, sensitive plant and aquatic communities, and exemplary geological features
depends on close cooperation in the collection and management of information regarding these
resources.
2. Nothing in this Memorandum shall be construed as obligating the State of Montana or
its departments and the United States Government or its agencies in the expenditure of funds, or
for the future payment in excess of appropriations authorized by State and Federal laws.
3. Nothing herein contained shall be construed as limiting or affecting in any way the
delegated authority of the respective signees.
4. Amendments to this Memorandum of Understanding may be proposed by either signing
party and shall become effective upon approval by the affected parties.
5. No member of or Delegate to Congress, or Resident Commissioner shall be admitted to
any share or part of this agreement, or to any benefit that may arise therefrom; but this provision
shall be construed to extend to this agreement if made with a corporation for its general benefit.
6. This agreement shall become effective as soon as it is signed by all parties hereto and
shall continue in force until terminated by mutual consent or by any signing party upon sixty (60)
days written notice.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the last date
written below.
MONTANA STATE LIBRARY
/s/xxxxxxxx xxxxxxxxxx
State Librarian
Date July 18, 1986
U.S. FOREST SERVICE, REGION 1
/s/ James C. Overbay
Date July 7, 1986
Regional Forester
_________________________________________________________________________
______________________________________________________________________
___
FS-01-84-30
MEMORANDUM OF UNDERSTANDING
NORTH DAKOTA GAME AND FISH DEPARTMENT - FOREST SERVICE, REGION 1
U.S. DEPARTMENT OF AGRICULTURE
This Memorandum of Understanding, made in duplicate, by and between the North Dakota
Game and Fish Department, hereinafter called the Department; and United States Department of
Agriculture, Forest Service, Region 1, hereinafter called the Forest Service.
WHEREAS, the Department was created under law by the State of North Dakota for the
protection, preservation, and propagation of all species of wild mammals, birds, fish, mollusks,
crustaceans, amphibians, and reptiles, hereinafter called wildlife.
WHEREAS, the Forest Service, by Acts of Congress and regulations issued by the Secretary of
Agriculture, is responsible for maintaining proper habitat conditions for desirable populations of
wildlife and fish within National Forest System Lands, integrated with other recognized uses of
the lands and water concerned; and
WHEREAS, it is the mutual desire of the Department and the Forest Service to work in harmony
for the common purpose of promoting, developing, maintaining and managing, an effective
wildlife management program on National Forest System lands in North Dakota for the best
interests of the people of North Dakota and of the United States.
I. THE FOREST SERVICE AGREES:
a. To recognize the Department as being the agency responsible for establishing the
regulations under which populations of wildlife will be managed.
b. To manage wildlife habitat resource on National Forest System lands to benefit
wildlife, under the principles of multiple use management as directed by appropriate Forest
Service land management plans with special emphasis on endangered and threatened species as
officially designated by Federal or State agency.
c. To permit the erection and maintenance of structures needed to facilitate wildlife
management activities, provided such structures conform in character and location to Forest
Service requirements, and are covered by a special use permit.
d. To cooperate with the Department to undertake, and maintain habitat improvement on
National Forest System lands pursuant to laws and regulations governing use of these lands, and
provided such improvements are in accord with Forest Service land use plans, provided further
that such projects are covered by procurement contract or collection agreements and special use
permits.
e. To keep the Department informed of changes in Forest Service policies, programs, and
projects which have a significant impact potential on wildlife and/or outdoor recreation resources
and to consult with the Department on projects which may significantly affect wildlife. Such
programs may include land exchanges, water use projects, herbicide and insecticide applications,
minerals activity, range management plans and projects and roads. Specific coordination
guidelines are as follows:
(1) Involve the Department in the preparation of oil and gas area development plans and
environmental assessments, and consider their comments in the final decision.
(2) Annually provide a list and map of the range allotments which will have allotment
management plans (AMPs) developed during the coming year. The Department will evaluate the
list and comment on the AMPs in areas of interest.
(3) Provide information concerning land exchanges to the Department for comments and
consider their comments in evaluating the desirability of the exchange.
(4) Coordinate with the Department in the development and enforcement of off-road
vehicle plans for the National Grasslands.
(5) Annually provide a list of proposed herbicide and insecticide projects and notify the
Department of prairie dog, noxious weed control, and other vegetative manipulation programs.
(6) Notify the Department of approved drilling permits and seismic permits on a monthly
basis.
(7) Coordinate with the Department on road improvement projects which affect the
National Grasslands.
(8) Coordinate with the Department in identifying roads and trails to be retained on the
Forest transportation system for public or administrative access and those which would be signed
and closed to general public use.
(9) Consult with the Department in preparation of the annual wildlife reports and new
plans on a Forest or Regional level which have a significant relationship to the management of
wildlife resource, e.g. Forest Plan, fish or wildlife management plans.
(10) Coordinate with the Department in the preparation of individual oil and gas well plans
and environmental assessments if such well plans or assessments are not covered by larger area
plans.
f. To assist the Department in the enforcement of the North Dakota Fish and Game laws to
the extent permitted by Federal laws and regulations (36 CFR 261.8).
g. To assist the Department in the gathering of data on wildlife populations (e.g., upland
game incidental brood reports) as feasible in conjunction with other duties.
II. THE DEPARTMENT AGREES:
a. To recognize the Forest Service as the agency responsible for the occupancy, use, and
management of the National Forest System lands and the wildlife habitat present or potentially
available on National Forest System lands.
b. To keep the Forest Service currently advised on existing and proposed wildlife
management projects, policies, laws, and regulations and to furnish copies for reference and
distribution.
c. Consult with the Forest Service on proposed transplants or introductions of wildlife
with sufficient lead time to permit joint field investigations regarding the effects of such
programs on National Forest System lands.
d. To erect neither signs, posters, nor permanent structures on the National Forest System
lands without first securing approval from the District Ranger.
e. To use no pesticides (insecticides, herbicides) for wildlife control on National Forest
System lands without prior approval of the Forest Supervisor.
f. To consult with the District Ranger in regard to regulations of wildlife populations and
harvest and cooperate with the Forest Service in the development of wildlife management plans
in order to maintain an optimum state of productivity consistent with management objectives for
other National Grasslands resources.
g. To monitor any transplants, particularly transplants into new or unoccupied range, that
are likely to use Forest Service lands to determine success of transplants and land use patterns of
the transplanted population.
h. To comply with Title VI of the Civil Rights Act of 1964 and all requirements imposed
by or pursuant to the regulation of the United States Department of Agriculture (7 CFR, Part 15)
issued pursuant to that Act, and hereby assures that in the operation and performance of this
Memorandum of Understanding to take immediately any measures necessary to affectuate this
requirement. If any real property or structure thereon is provided or improved with the aid of
Federal financial assistance extended to the Department of Agriculture, this assurance shall
obligate the Department, or in the case of any transfer of such property, any transferee, for the
period during which the Federal financial assistance is extended or for another purpose involving
the provision of similar services or benefits.
If any personal property is so provided, this assurance shall obligate the Department for the
period during which they retain ownership or possession of the property. In all other cases, this
assurance shall obligate the department for the period during which the Federal financial
assistance is extended to it by this Memorandum of Understanding to the Department by the
United States Department of Agriculture. The Department recognizes and agrees that such
Federal financial assistance will be extended in reliance on the representations and agreements
made in this assurance. The Department further agrees that the United States in addition to any
other rights and remedies provided by this assurance, the Civil Rights Act of 1964, or the
regulations issued thereunder, shall have the right to enforce this agreement by suit for specific
performance or by other available remedy under the laws of the United States or the States in
which the breach or violation occurs.
III. THE DEPARTMENT AND THE FOREST SERVICE MUTUALLY AGREE TO:
a. Cooperate in the management of wildlife and fish resources of the State of North
Dakota under the Forest Service's practice of multiple use management as directed in approved
land management plans on National Forest System lands, Forest, Regional, State, or National
policy or direction, and as funding is available.
b. Promote the integration of wildlife habitat goals and objectives between the two
agencies.
c. Make available such improvements, facilities, and equipment normally used in the
management or protection of wildlife resources, not in current use and with prior written
approval, coordinated with the Forest Supervisor and the Commissioner.
d. Discuss on the ground with local representatives of the Department and the Forest
Service, questions pertaining to the cooperative work of the two agencies which arise in the
fields, and refer matters of disagreement to the Forest Supervisor and to the Commissioner.
e. Continue semi-annual meetings of the North Dakota Work Group consisting of
representatives of the Department, local Forest Service officers, N.D. Petroleum Council and the
Grazing Associations to foster improved communications and understanding of each
organization.
f. When the views of one agency are contrary to the accepted policy or plans of the other,
representatives of both agencies shall meet and attempt to work out the differences before either
agency expresses in public a view contrary to the accepted policy or plans of the other agency.
g. Investigate proposals for the transplant of wildlife species on National Forest System
lands and prepare an Environmental Assessment of the investigation which will document
acceptance or rejection of the proposal. Approved EA shall state the number of animals to be
transplanted, the release site, impact on private lands, and any other pertinent information.
Relocation of individual animals taken in solving nuisance or depredation problems will be
accomplished through mutual written agreement by the Forest Supervisor and Commissioner.
h. Cooperate with the Department in an evaluation of proposals to transplant wildlife
species adjacent to National Forest System lands. If the Forest Service evaluation indicates
probable adverse impacts on National Forest System Lands, the two agencies will meet to
negotiate ways to mitigate these impacts.
i. Cooperate in the implementation of the Sikes Act by developing a
comprehensive plan for the conservation and rehabilitation of wildlife habitat. The plan will
specify areas for programs, provide for direct wildlife habitat improvements or modification,
suitable range rehabilitation where necessary to support wildlife, protection for species,
classified as endangered or threatened, control of off-road vehicles, habitat research, studies,
surveys, plans, and census, law enforcement, hunting, fishing, and trapping regulations and
propagation.
j. All cooperative projects undertaken by parties to this Memorandum requiring a sharing
or exchange of costs, manpower, equipment, or facilities will be covered by a separate
procurement contract or collection agreement which will be enclosed as a supplement with this
Memorandum.
k. Cooperate to the full extent possible with land management planning and coordinate
plans on adjacent State and National Forest System lands.
l. Encourage a cooperative and professional approach in seeking solutions to problems
which may arise, by meeting at least once annually during January on a Forest and Department
level for discussions of National Forest and Department programs affecting wildlife resources
and habitats, and to resolve those issues identified during agenda development.
m. Authorize and encourage negotiation of local agreements, or supplements to this
agreement, between the Custer National Forest and the Department in conducting localized
special projects.
n. Meet jointly as often as necessary but at least annually for discussion of matters relating
to the management of wildlife resources in or affecting the National Grasslands, and to provide
for other such meetings at various administrative levels as may be relevant to these fish and
wildlife resources and their habitat.
o. Each and every provision of this Memorandum of Understanding is subject to the
applicable laws of the State of North Dakota and the laws of the United States, and the
regulations promulgated thereunder.
p. Nothing in this Memorandum shall be construed as obligating the State of North Dakota
and the Forest Service or the United States Government in the expenditure of funds or for the
future payment of money in excess of appropriations authorized by State and Federal laws.
q. Nothing contained herein shall be construed as limiting or affecting in any way the
authority of:
(1) The Department in connection with the proper protection, preservation, and
propagation of wildlife resources for which they are responsible.
(2) The Regional Forester in connection with the proper administration and protection of
the National Grasslands in accordance with the purpose for which the lands contained therein
were acquired and reserved.
r. To comply with Public Law 91-190, the National Environmental Policy Act of 1969, the
Department and Forest Service agree to direct their program activities covered by this agreement
toward managing and enhancing the environment for the widest range of beneficial uses without
its degradation or risk to health or safety or other undesirable consequences. The Department
further agrees to assist the Forest Service in the preparation of environmental statements as
required by section 102(2)(c) of PL 91-190 for all major Federal actions taken under this
agreement which might significantly affect the quality of the human environment or be highly
controversial in regard to unresolved conflicts concerning the use of resources.
s. No member of, nor delegate to, Congress shall be admitted to any share or part of this
Memorandum or to any benefit that may arise therefrom; but this provision shall not be
construed to extend to this Memorandum if made for a corporation for its general benefit.
t. This Memorandum and subsequent supplements and/or amendments shall become
effective upon approval by both parties hereto and shall continue in force unless either party
indicates upon thirty (30) days written notice to the other party its intention to terminate upon a
date indicated.
u. This Memorandum of Understanding hereby terminates the prior Memorandum of
Understanding dated June 12, 1980.
NORTH DAKOTA GAME AND FISH DEPARTMENT
BY:
DATE:
Commissioner
USDA FOREST SERVICE
BY:
DATE:
Regional Forester
For
2611.3 - Cooperative Work Contributions
Cooperative Revolving Funds. The Idaho Fish and Game Department maintains revolving funds
in the Cooperative Work Fund of the Forest Service. These funds are used to pay for supplies,
subsistence, or services provided by the Forest Service. Procedure for handling revolving funds,
as outlined in FSH 6509.11b, 593, R-1 supplement, will be carefully followed.
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
U.S. FISH AND WILDLIFE SERVICE
U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
AND
IDAHO DEPARTMENT OF FISH AND GAME
This Memorandum of Understanding is entered into by and between the U.S. Fish and Wildlife
Service, an executive agency of the United States Department of the Interior, hereinafter referred
to as the "Service" pursuant to 31 U.S.C. 6305 (using Cooperative Agreements), U.S.
Department of Agriculture, Forest Service, Region 1, hereinafter referred to as the "USFS",
Idaho Natural Heritage Program, hereinafter referred to as the "IDNHP", and the Idaho
Department of Fish and Game, hereinafter referred to as "IDFG".
AUTHORITY
The signees enter into this Memorandum of Understanding pursuant to Sections 2, 4, and 7 of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1533, 1534, 1536, P.L. 95-632), the
Cooperative Agreement Act of 1977 (P.L. 95-224) and to the Sikes Act of 1974 (P.L. 93-452), as
amended (P.L. 97-396).
PURPOSE AND OBJECTIVES
This Memorandum of Understanding is made for the purpose and objective of assisting the
signees in the gathering and managing of a data base of rare, threatened, endangered, or sensitive
species or plants and animals, and sensitive plant and aquatic communities.
RECITALS
WHEREAS, the USFS, under the laws of the United States and regulations of the Secretary of
Agriculture, is responsible for managing viable fish and wildlife habitats including plants within
the areas under their administration, compatible with other recognized uses of the lands and
waters concerned; and
WHEREAS, the FWS, under the laws of the United States and regulations of the Secretary of
Interior, is concerned with maintaining viable populations of sensitive species, pursuant to
requirements of the Endangered Species Act and project evaluation and monitoring of Federally
listed species; and
WHEREAS, the IDFG was created by the State of Idaho to manage animal resources within the
State where their jurisdiction is provided by law; and
WHEREAS, The Nature Conservancy has developed the Natural Heritage Program to store and
manage information on a State level of the most sensitive resources, including rare, threatened,
and endangered species, sensitive plant and aquatic communities, and exemplary geological
features, and the IDNHP was created as a cooperative effort between the IDFG and The Nature
Conservancy to identify and preserve these sensitive habitats and plant and animal species of
special concern; and
WHEREAS, it is the mutual desire of these agencies to work for the common purpose of
maintaining and managing resources of mutual interest for the people of Idaho and of the United
States in fulfilling respective agency obligations; and
WHEREAS, the IDNHP has an established, centralized data base containing inventory data on
plant and animal species and plant and aquatic communities of special concern found throughout
the State; and
WHEREAS, the effective management of these above-mentioned natural resources on lands
under these agencies jurisdiction is dependent upon the availability and evaluation of statewide
and national information available; and
WHEREAS, these agencies wish to maintain and enhance the Natural Heritage Program data
base, and obtain the advantages of its presence through the collection and management of these
data in the most efficient, cost effective, and biologically sound manner available.
AGREEMENT
IT IS HEREBY AGREED AS FOLLOWS:
For a period as hereafter set forth, and in consideration of the above premises, the parties agree
as follows:
A.General
1. That the successful management of rare, threatened, endangered, or sensitive plant and
animal species, sensitive plant and aquatic communities, and exemplary geological features
depends on close cooperation in the collection and management of information regarding
these resources.
2. That nothing in this Memorandum shall be construed as obligating the State of Idaho or
its departments and the United States Government or its agencies in the expenditure of
funds, or for the future payment in excess of appropriations authorized by State and
Federal laws.
3. That nothing contained herein shall be construed as limiting or affecting in any way the
delegated authority of the respective signatures.
B.The USFS Agrees:
1. To serve as a cooperator with the IDNHP and provide a representative to serve as needs
arise to evaluate the progress of the IDNHP as it relates to USFS resources or interests.
This representative will also serve as coordinator to facilitate communications and
information transferal between the USFS and the IDNHP.
2. To provide new or updated information that is generated by its employees on Heritage
listed species including sightings and inventory information to the IDNHP data base during
the time period this document is in effect. This information will be provided to IDNHP in
a mutually acceptable format and on a current basis as it is collected and processed by the
USFS.
3. To enter into a separate procurement arrangement for the collection, processing, and
management of data generated in clauses B.2 and D.2 that is pertinent to USFS program
needs and requires a sharing or exchange of costs, manpower, equipment or facilities.
4. To, through separate negotiations, enter into voluntary cooperative management
arrangement(s) with the IDNHP (in a mutually agreeable format) to provide, through the
Forest Planning Process, for the protection and management of areas on National Forest
System lands supporting significant natural heritage resources, including registration or
dedication of these lands into the Federal Research Natural Area or Natural History Area
Programs.
C. The Service Agrees:
1. To serve as a cooperator with the IDNHP and provide a representative to serve as needs
arise to evaluate the progress of the IDNHP as it relates to Service resources or interests.
This representative will also serve as coordinator to facilitate communications and
information transferal between the Service and the IDNHP.
2. To provide new or updated information that is generated by its employees on Heritage
listed species, including sightings and inventory information to the IDNHP data base
during the time period this document is in effect. This information will be provided to
IDNHP in a mutually acceptable format and on a current basis as it is collected and
processed by the Service.
3. To enter into a separate procurement arrangement for the collection, processing and
management of data and information generated in clauses C.2 and D.2 that is pertinent to
FWS program needs and requires a sharing or exchange of costs, manpower, equipment, or
facilities.
4. To, through separate agreement(s), enter into voluntary or paid cooperative
management arrangements with the IDNHP (in a mutually agreeable format) to (1) provide
for the protection of areas on public lands supporting significant natural heritage resources,
including registration or dedication of public lands into the Federal or State Natural Area
Preserve System and/or (2) provide informational/educational programs on listed,
threatened, and endangered species, which may include; but not limited to, facilitating
meetings, providing talk and slide tape programs to schools and other groups.
5. To provide office space for the IDNHP.
D.The IDFG, through the IDNHP, Agrees:
1. To provide personnel and equipment for the collection, updating, and maintenance of
data records in the IDNHP data base.
2. To collect, update, and maintain records for rare, threatened, and endangered species,
sensitive plant and aquatic communities, and exemplary geological features, including
sightings and inventory information in the IDNHP data base as funds are available. Data
will be collected from a variety of sources including universities, museums, herbaria,
consultants, and agency biologists.
3. To incorporate information provided by the USFS and Service to the IDNHP for
inclusion in the data base, assist in a informational/educational program, and to provide
each Agency with a report, in a format mutually agreed upon, listing the respective
Agency's total data base information annually as allocations allow.
4. To confer with the USFS and Service in developing a priority ranking for processing
respective Agency information within the data base and assist in an informational program,
subject to the availability of funds as identified in clauses B.3, C.3, and D.6.
5. To provide verbal and written reports of data base managed information on a periodic
and project basis as requested by the USFS and Service subject to established user fees or
subject to a separate arrangement acceptable to the affected parties as identified in B.3 and
C.3 above. The format for these reports will be mutually agreed upon by the parties
entering into this agreement.
6. To be responsible for all financial obligations associated with the data base except as
provided for through Federal agency appropriations.
7. To, through separate agreement(s), enter into voluntary cooperative management
arrangement(s) with the USFS and the Service (in a mutually agreeable format) to provide
for the protection and management of areas on public lands supporting significant natural
heritage resources, including registration or dedication of public lands into the Federal or
State Natural Area Preserve Systems.
TERMS OF AGREEMENT/PERIOD OF PERFORMANCE
This Memorandum of Understanding shall become effective upon being executed by all parties.
It shall remain in force and effect until terminated by mutual consent.
TERMINATION AND AMENDMENT
It is the intent of the parties represented herein that this agreement will not be terminated prior to
completion, but it may be terminated by the aforementioned parties, upon a 60-day written notice
to the other participants. Amendments may be made by mutual consent proposed by the affected
parties and reduced to a written instrument.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the last date
written below.
IDAHO DEPARTMENT OF FISH AND GAME
/S/ XXXXXX X XXXXXX
Director
DATE
9/2/86
USDA FOREST SERVICE, REGION 1
/s/ G. M. FLEMING
(for) Regional Forester
DATE
July 30, 1986
U.S. FISH AND WILDLIFE SERVICE
/s/XXXXXXX X XXXXXX
DATE
Assistant Regional Director, Northwest
Federal Assistance
9/10/86
_________________________________________________________________________