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FOREST SERVICE MANUAL
ALASKA REGION (REGION 10)
JUNEAU, ALASKA
FSM 2600 – WILDLIFE, FISH, AND SENSITIVE PLANT HABITAT MANAGEMENT
CHAPTER 2610 – COOPERTIVE RELATIONS
Supplement No.: R-10 2600-2006-1
Effective Date: June 2, 2006
Duration: This supplement is effective until superseded or removed.
Approved: /s/ Paul K. Brewster (for)
DENNIS E. BSCHOR
Regional Forester
Date Approved: 05/23/2006
Posting Instructions: Supplements are numbered consecutively by title number and calendar
year. Post by document; remove the entire document and replace it with this supplement. Retain
this transmittal as the first page(s) of this document. The last supplement to this title was R-10
2600-2005-1 to chapter 2570.
New Document
2611.1_exhibit02
12 Pages
Superseded Document(s) by
Issuance Number and
Effective Date
2611.1 Exhibit 02 (2600-98-2, 5/15/98)
2611.2 Exhibit 02a (2600-98-3, 5/15/98)
10 Pages
4 Pages
Digest:
This supplement replaces 98MOU-10-011 with 04MU-111001-094. The original Memorandum
of Understanding (MOU) was between Alaska Department of Fish and Game (ADF&G), Habitat
Division, and the Forest Service to identify how the two agencies would work together
concerning construction activities within stream habitats. A new agency, Alaska Department of
Natural Resources (ADNR), Office of Habitat Management now is responsible for the instream
permitting duties. This MOU transfers the same agreed to procedures from ADF&G to ADNR.
R-10 SUPPLEMENT 2600-2006-1
EFFECTIVE DATE: 06/02/2006
DURATION: This supplement is effective until superseded or removed.
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FSM 2600 – WILDLIFE, FISH, AND SENSITIVE PLANT HABITAT MANAGEMENT
CHAPTER 2610 – COOPERATIVE RELATIONS
2611 - COOPERATION WITH STATE WILDLIFE AND FISH MANGEMENT
AGENCIES
2611.1 - State--Forest Service Memorandum of Understanding
The USDA Forest Service, Alaska Region and the State of Alaska, Department of Natural
Resources, Office of Habitat Management have the common desire to protect, maintain, and
enhance the fish resources on National Forests in Alaska and to continue a long-standing
cooperative relationship (FS Agreement No. 04MU-111001-094).
R-10 SUPPLEMENT 2600-2006-1
EFFECTIVE DATE: 06/02/2006
DURATION: This supplement is effective until superseded or removed.
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FSM 2600 – WILDLIFE, FISH, AND SENSITIVE PLANT HABITAT MANAGEMENT
CHAPTER 2610 – COOPERATIVE RELATIONS
FS Agreement No. 04MU-111001-094
Cooperator’s No. _________________
6/25/2004
MEMORANDUM OF UNDERSTANDING
between
USDA FOREST SERVICE
ALASKA REGION
and the
STATE OF ALASKA
DEPARTMENT OF NATURAL RESOURCES
This MEMORANDUM OF UNDERSTANDING (MOU) is hereby entered into by and
between the USDA Forest Service, Alaska Region, hereinafter referred to as the Forest Service,
and the State of Alaska, Department of Natural Resources, hereinafter referred to as the ADNROHMP or Cooperator.
A. PURPOSE:
The Forest Service and the ADNR-OHMP have the common desire to protect, maintain, and
enhance the fish resources on National Forests in Alaska and to continue a long-standing
cooperative relationship. To achieve these goals as set out more fully below, we each commit to
do the following:
1. Protect fish habitat and efficient fish passage;
2. Reach concurrence prior to instream activities in fish habitat using the collaborative process
identified in this MOU;
3. Emphasize the joint development of general concurrence regarding design standards and
environmental controls for categories of instream activities that will be adopted as addendums to
this MOU to promote efficient implementation of this MOU; and
4. Resolve disputes regarding instream activities in a timely manner, elevating the dispute within
the agencies if necessary as a last resort.
While there continues to be different views on the applicability of Alaska Statute 41.14 on
National Forest Lands in Alaska, the Forest Service and ADNR-OHMP agree that since they
share a commitment to protect fish habitat, cooperation between the agencies serves the mutual
interests of the agencies and the public. The Forest Service has authority to manage fish and
wildlife habitat on the National Forests in Alaska under the Organic Act, the National Forest
R-10 SUPPLEMENT 2600-2006-1
EFFECTIVE DATE: 06/02/2006
DURATION: This supplement is effective until superseded or removed.
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FSM 2600 – WILDLIFE, FISH, AND SENSITIVE PLANT HABITAT MANAGEMENT
CHAPTER 2610 – COOPERATIVE RELATIONS
Management Act, and other legislation. The ADNR-OHMP is charged under statutes of the
State of Alaska to conserve and protect the fish and wildlife resources of Alaska. The ADNROHMP has a specific responsibility under Alaska statute related to anadromous fish habitat, and
for other fish to ensure fish passage.
Statement of Mutual Interests and Benefits
The ADNR-OHMP has a special interest directed by Alaska Statute in any hydraulic project, or
use, which may divert, obstruct, pollute, or change the natural flow or bed of a specified river,
lake, or stream, or which may include the use of wheeled, tracked, or excavating equipment or
log-dragging equipment in the bed of a river, lake, or stream “specified” in the latest version of
the Catalog of Waters Important for the Spawning, Rearing or Migration of Anadromous Fishes.
The ADNR-OHMP is charged by Alaska Statute to ensure that anadromous fish habitat and fish
passage are protected during activities such as installation of culverts or dams, realignment or
diversion of a stream, installation of a ford (vehicular crossings of a stream at low water), or
construction, placement, disposal or removal of any material or structure below ordinary high
water of a fish stream including “specific” waters and fish bearing water-bodies not in the
Catalog.
Both Forest Service and ADNR-OHMP agree that it is essential to have open dialog, share
information, and collect, store, and transmit data in a form that promotes efficient collaboration
to protect fish habitat and passage.
Specific Provisions
In light of the above premises, and in order to enhance the relationship between the agencies, the
Forest Service and ADNR state their joint understanding as follows:
B. ADNR-OHMP SHALL:
1. Provide information on known anadromous and resident fish streams and any related issues
during a project’s NEPA review using normal review procedures.
2. Provide preliminary recommendations regarding stream crossing locations, culverts versus
bridges, instream work windows, etc., upon the Forest Service’s request for ADNR-OHMP’s
early review of proposed instream activities during a project’s preliminary design phases.
3. Review the Forest Service’s Notice of Instream Activity (hereafter called “Notice’) with plans
and specifications as defined in Addendum I, and notify the Forest Service within 14-calendar
days of any additional information that is required by this MOU.
4. Within 30-calendar days of receipt of a Notice, provide a written response to the Forest
Service indicating concurrence with the proposed activity, with or without modifications. If
R-10 SUPPLEMENT 2600-2006-1
EFFECTIVE DATE: 06/02/2006
DURATION: This supplement is effective until superseded or removed.
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FSM 2600 – WILDLIFE, FISH, AND SENSITIVE PLANT HABITAT MANAGEMENT
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concurrence is not initially achieved at the field level, follow the dispute resolution process
below (see Section D, Item No. 1). See Addendum I for a description of the information
requirements.
5. Should unforeseen circumstances arise on a project that may be detrimental to the fisheries
resource, work with the Forest Service in an expedited manner to reach concurrence on how to
proceed regarding instream activities.
6. In the event of an emergency need for instream work in a fish stream, collaborate with the
Forest Service in an expedited manner to reach concurrence on emergency work provisions.
Any oral concurrence will be put in writing by ADNR-OHMP and sent to the Forest Service for
confirmation within 30-calendar days of reaching concurrence on emergency provisions.
7. Keep the Forest Service informed of the appropriate ADNR-OHMP Area Habitat Biologist to
receive Notices for a particular Ranger District and to serve as emergency contacts.
8. As it becomes available; share information, data, research, and other knowledge related to the
National Forests and to the management of fisheries and effects on fisheries.
C. FOREST SERVICE SHALL:
1. Cooperate with the ADNR-OHMP in the updating and mapping of the Catalog of Waters
Important for the Spawning, Rearing, or Migration of Anadromous Fishes by providing
nominations to the Catalog. The Forest Service maintains mapping of waters and attribute
information in the Arc Info Geographic Information System database. The Forest Service and
ADNR-OHMP will share electronic information periodically to ensure each has current data.
2. Provide early notification to, and opportunity for involvement by, ADNR-OHMP in planning
instream activities in fish streams during the NEPA phases of project planning.
3. Seek the preliminary recommendations of ADNR-OHMP early in the planning process before
design choices are made (e.g., culvert versus bridge, crossing location, size of structure, etc.).
4. Provide Notice of Instream Activity with plans and specifications (see Addendum I for
required information) to ADNR-OHMP for their review at least 30-calendar days prior to the
date when the designs need to be finalized, unless an emergency situation exists. Reach
concurrence with ADNR-OHMP prior to finalizing design of instream activity or the beginning
of any instream activity. If concurrence is not initially achieved at the field level, follow the
dispute resolution recess below (see Section D, Item No. 1).
R-10 SUPPLEMENT 2600-2006-1
EFFECTIVE DATE: 06/02/2006
DURATION: This supplement is effective until superseded or removed.
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FSM 2600 – WILDLIFE, FISH, AND SENSITIVE PLANT HABITAT MANAGEMENT
CHAPTER 2610 – COOPERATIVE RELATIONS
5. In cases of emergencies requiring instream activities in fish habitat, notify ADNR-OHMP as
soon as practicable regarding the emergency activity needed and provide ADNR-OHMP an
opportunity to reach concurrence. Final repairs will be handled as a normal project review under
this MOU.
6. The Forest Service will incorporate the plans, specifications and provisions for which
concurrence was reached with ADNR_OHMP in the final drawings and specifications in all their
contracts for instream activities and ensure quality control during construction. Should
unforeseen circumstances arise on a project that may be detrimental to the fisheries resource, the
Forest Service shall notify the ADNR-OHMP Area Habitat Biologist and reach concurrence with
ADNR-OHMP on how to proceed regarding instream activities.
7. The Forest Service will provide an estimate of instream activity design reviews by Ranger
District expected to be needed under this MOU for the period July 1-June 30 of each year by
September 30 of the preceding year so that ADNR-OHMP may seek adequate funding to
implement this MOU.
D. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT:
1. Both parties will resolve any disputes that may arise regarding instream activities in fish
habitat between their respective field level staffs due to differing interpretations of available data
and/or information, differing professional opinions, or other reasons. It is the expectation of both
Forest Service and ADNR-OHMP that disputes will be resolved at the field level. Resolution
methods may include, but are not limited to:
a. Reiterating and clarifying common points of agreement and mutual interests to help frame
the context for the dispute, and thereby defuse it;
b. Conducting joint site visits for those involved in the dispute to discuss and reconcile what
is at issue at the site; or
c. Reconciling data and/or information interpretation and differences through competent
third party reviews.
When disputes cannot be resolved at the field level, the disputes may be referred to the next
higher organizational level of each agency for resolution. This means the Forest Service
District Ranger and the ADNR-OHMP Area Manager; then the Forest Service Forest
Supervisor and the ADNR-OHMP Operations Manager; and finally the Forest Service
Regional Forester and the ADNR-OHMP Executive Director. Referral needs to be done in a
timely manner. Where elevation of issues is necessary, the involved staff members shall
jointly prepare a briefing paper which describes the situation and includes: necessary
background information, a list of the differences that need to be resolved, proposed
R-10 SUPPLEMENT 2600-2006-1
EFFECTIVE DATE: 06/02/2006
DURATION: This supplement is effective until superseded or removed.
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FSM 2600 – WILDLIFE, FISH, AND SENSITIVE PLANT HABITAT MANAGEMENT
CHAPTER 2610 – COOPERATIVE RELATIONS
alternative solutions to resolve the differences, and the rationale for proposing each potential
solution. Copies of the joint briefing paper will be provided to the next level of officials in
each agency for review, discussion, resolution, or further referral if necessary. All agency
efforts related to instream activities will be focused on resolving any disputes through this
alternative dispute resolution process. In the event of inability to reach concurrence, each
signatory may take actions they deem appropriate.
A post-action review will be conducted if requested by either Forest Service or ADNROHMP.
2. Both Forest Service and ADNR-OHMP will inform all relevant staff about this MOU and
ensure it is fully implemented.
3. Both Forest Service and ADNR-OHMP will collaborate in the monitoring of instream
activities. In the event that monitoring uncovers activities inconsistent with this MOU or the
project-specific concurrences, then both Forest Service and ADNR-OHMP will work together to
resolve the matter administratively in a timely manner.
4. Forest Service District Rangers and ADNR-OHMP Area Managers carry principal
responsibility for implementing this MOU.
5. The MOU is executed as of the date of the last signature and is effective through September
30, 2009, at which time it will expire unless extended.
6. Any of the parties, in writing, may terminate the MOU in whole or in part, at any time before
the date of expiration.
7. Modifications within the scope of the MOU shall be made by mutual consent of the parties,
by the issuance of a written modification, signed and dated by all parties, prior to any changes
being performed.
8. This MOU in no way restricts the Forest Service or ADNR-OHMP from participating in
similar activities with other public or private agencies, organizations, and individuals.
9. This MOU is neither a fiscal nor a funds obligation document. Any endeavor or transfer of
anything of value involving reimbursement or pursuant to this MOU will be handled in
accordance with applicable laws, regulations, and procedures including those for Government
procurement and printing. Such endeavors will be outlined in separate agreements that shall be
made in writing by representatives of the agencies and shall be independently authorized by
appropriate statutory authority. This does not provide such authority. Specifically, this MOU
does not establish authority for noncompetitive award to the Cooperator of any contract or other
agreement. Any contract or agreement for training or other services must fully comply with all
applicable requirements for competition.
R-10 SUPPLEMENT 2600-2006-1
EFFECTIVE DATE: 06/02/2006
DURATION: This supplement is effective until superseded or removed.
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CHAPTER 2610 – COOPERATIVE RELATIONS
10. The Department of Agriculture and the State of Alaska and their respective agencies and
offices will handle their own activities and utilize their own resources, including the expenditure
of their own funds, in pursuing these objectives. Each party will carry out its separate activities
in a coordinated and mutually beneficial manner.
11. Any information furnished to the Forest Service under this MOU is subject to the Freedom
of Information Act (5U.S.C. 552).
Definitions
Design is a process. The purpose of design is to ensure that all applicable standards and
practices are met, while also meeting a project’s purpose and function. Designs normally consist
of analysis, determination of size(s), layout, in-water work windows, and environmental controls.
The design is normally subject to peer review, and results in construction drawings and
specifications.
Emergency means a situation which would result in an unacceptable hazard to like, unacceptable
resource damage, or other activities that cause adverse perturbations to stream flow or aquatic
habitat conditions. An official identification of an exigency requiring immediate action such as
plugged culvert, landslides into streams, bridge abutment scour, debris plugs, buildings
threatened, hazardous materials spills, vehicle accidents, etc., constitute and emergency, and
action will be taken within a time period less than the normal time under this MOU.
Emergencies include situations where replacement or repairs are needed or instream obstructions
need to be removed because of weather or stream flow conditions. Inadequate planning does not
constitute an emergency need to work outside normal instream work windows.
Final Drawings and Specs means the portion of the work processes representing the completion
of plans and specifications as part of a contract package. At this step, technical approval and line
officer’s approval of the drawing indicates the meeting of all intended prescriptions, including
those in the NEPA decision and the completed concurrence from the preliminary design and
near-final design work processes.
Fish means anadromous or resident species inhabiting freshwater habitats and intertidal streams
in the Tongass or Chugach National Forests.
General Concurrence means a signed addendum to this MOU that defines the design standards
and environmental controls for a category of instream activities for which no further projectspecific review by ADNR-OHMP related to Title 41.14 is required. A general concurrence may
be restricted to a particular geographic area, class of streams, or specific channel types.
Instream activities means an activity within a fish-bearing water-body below the ordinary high
watermark on the bank that involves one or more of the following types of situations: Construct
hydraulic project; or use, divert, obstruct, pollute, or change the natural flow or bed of a specified
R-10 SUPPLEMENT 2600-2006-1
EFFECTIVE DATE: 06/02/2006
DURATION: This supplement is effective until superseded or removed.
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river, lake, or stream; or use wheeled, tracked, or excavating equipment, or log-dragging
equipment in the bed of a river, lake, or stream “specified” in the latest version of the Catalog of
Waters Important for the Spawning, Rearing, or Migration of Anadromous Fishes; or install or
maintain a culvert or dam, realign or divert a fish stream, make vehicular crossings of a stream at
low water; or construct, place, dispose or remove any material or structure below ordinary high
water of a fish stream, including “specified” waters and fish-bearing water-bodies not in the
Catalog.
Near-final design means the design stage of an instream activity when all of the information
required in Addendum I can be provided to ADNR-OHMP for their review and concurrence and
before the Forest Service has finalized the design. Near-final design is that portion of the work
which represents the completion of the technical engineering with related evaluation by
biologists to assure the hydraulic structure meets the functional requirements for passage of peak
flows, fish passage if the stream is a fish stream, and maintenance requirements.
NEPA is the acronym for the National Environmental Policy Act of 1969.
Notice of Instream Activity means the formal written notification to the Area habitat Biologist of
ADNR-OHMP responsible for project reviews in a particular Ranger District that a proposed
instream activity is ready for the 30-day final SDNR-OHMP review for their concurrence and
includes complete, near-final construction drawings and construction specifications. See
Addendum I for detailed description of information requirements of a formal Notice.
Preliminary design means that point in the design process after the NEPA Record of Decision
when field surveys have been completed and, in the case of logging roads, timber sales are being
laid out, when structure size, alignment, and crossing site are being determined. Work at this
stage represents verified work to assure the direction in the decision document can be
accomplished substantially as directed.
The principal contacts for this Agreement are:
Forest Service Project Contact
Don Martin, Aquatic Ecologist
Fisheries & Aquatic Ecology Program
P.O. Box 21628
Juneau, AK 99802-1628
Phone: 907-586-8712
Fax: 907-586-7877
Email: dmartin@fs.fed.us
Cooperator Project Contact
Robert F. “Mac” McLean
Office of Habitat Management & Permitting
1300 College Road
Fairbanks, AK 99708
Phone: 907-459-7281
Fax: 907-456-3091
Email: mac_mclean@dnr.state.ak.us
R-10 SUPPLEMENT 2600-2006-1
EFFECTIVE DATE: 06/02/2006
DURATION: This supplement is effective until superseded or removed.
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By signature below, the Cooperator certifies that the individual listed in this document as
representatives of the Cooperator and authorized to act in their respective areas for matters to this
Agreement.
THE PARTIES HERETO have executed this Agreement
State of Alaska
Office of Habitat Management
& Permitting Alaska
USDA Forest Service
/s/ Kerry Howard
KERRY HOWARD
Executive Director
/s/ Dennis E. Bschor
DENNIS E. BSCHOR
Regional Forester
7/6/04
Date
7/15/04
Date
R-10 SUPPLEMENT 2600-2006-1
EFFECTIVE DATE: 06/02/2006
DURATION: This supplement is effective until superseded or removed.
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Forest Service—Alaska Department of Natural Resources
Concurrence Check List
Addendum I
Information
Needed
Concurrence
Needed
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1
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Task Elements
Basic Data
Road Number Assigned in GIS
Road Name Assigned in GIS
Stream Name Identified (if applicable)
MP/Km of Structure in GIS
Most current aerial photo available
Coordinates of State Plane or UTM available from GIS
Habitat Identified
 Spawning
 Over Wintering
Fish Species Identified
Fish Species & Habitat verified (name and date)
ADF&G Catalog Number available (if applicable)
Kind of in-stream activity proposed such as fish ladder, fish habitat
enhancement work, weir, bank stabilization, trail crossing structure
Stream Crossing Information
Structure function and performance criteria determined and
documented
 Fish passage required?
 Hydraulic analysis & estimates (Q50, Q100, Q2)1
Size identified for hydraulic structure
 Length
 Diameter/opening
 Corrugations if not standard
 Slope of culvert to be installed
 Depth of burial for culvert invert
 Extent that abutments extend below ordinary high water
Road Management Objectives (RMO) signed
Service Life identified
 Removal plan for temporary or short term structures
A plan view with 500 year and 100 year flood levels are included in the hydraulic analysis for
sites with 1200 mm (48 inch) or larger culverts or equivalent bridges.
R-10 SUPPLEMENT 2600-2006-1
EFFECTIVE DATE: 06/02/2006
DURATION: This supplement is effective until superseded or removed.
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Addendum I—Continued
Information
Needed
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Concurrence
Needed
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Task Elements
Construction timing restrictions applicable
 Included in drawings and/or special project specifications
Prescriptions noted
 Controls and limits identified
 Included in drawings and/or special project specifications
Blasting in or near stream evaluated
Stream Diversion identified
If stream diversion needed
 Explanation
 Method
 Timing
 Limits included in drawings or special project specifications
In-stream construction limitations identified and defined
 Number & type of equipment crossings
 Location & type of other in-stream activities
 Timing
Stream Data at Site
Width of stream at bank-full
Depth at annual high flow available
Substrate type identified
Stream gradient measured
Stream bank incision depth measured
Channel type identified