1509.11_70 Page 1 of 15 FOREST SERVICE HANDBOOK Denver, CO

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1509.11_70

Page 1 of 15

FOREST SERVICE HANDBOOK

Denver, CO

FSH 1509.11 - GRANTS AND AGREEMENTS HANDBOOK

R2 Supplement No. 1509.11-93-2

Effective June 30, 1993

POSTING NOTICE. Supplements to this title are numbered consecutively. Post by document name. Remove entire document and replace with this supplement.

Retain this transmittal as the first page of this document. The last supplement to this Handbook was Supplement 1509.11-93-1 to Chapter 30.

Page Code

71.28a--1 through 71.28c

72--1 through 72--3

Supplements Covered

R2 Supplement 12, 3/82

R2 Supplement 9, 4/84

Document Name

1509.11,70

Digest:

Updates to Electronic Format.

Superseded Sheets

7

2

Superseded New

(Number of Pages)

15

ELIZABETH ESTILL

Regional Forester

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FSH 1509.11 - GRANTS AND AGREEMENTS HANDBOOK

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CHAPTER 70 - COLLECTION AGREEMENTS

71 - DOCUMENTING COLLECTION AGREEMENTS.

71.28 - Sample Collection Agreements.

71.28a - Cooperative Funds Act of June 30, 1914, 16 USC 498.

1. Exhibit 01 is a sample agreement for contributions received from the

Colorado division of Wildlife for work to be performed on national Forest System lands (not available for work to be performed on national Grasslands).

2. Exhibit 02 adds a sample Collection Agreement for use in cases where the

Forest Service assumes the Fire Protection of private land.

3. Exhibit 03 is a sample agreement for use in connection with applicant

(proponent or permittee) contributed services and funds when the applicant desires to have the Forest Service perform work for their benefit. Refer to FSM 1950.3 R2

Supplement for Regional policy on responsibilities when applicants and contractors are involved.

4. Exhibit 04 is a sample agreement for use when the applicant desires to contribute services and funds and does not desire to use the preferred method con contracting for the services of information (the EA or EIS) for the proposed project from an outside consultant. Refer to FSM 1950.3 R-2 Supplement for Regional policy when applicants and contractors are involved, and FSM 1588.03 for required documentation when the proponent desires to contract for the services from an outside consultant.

71.28a - Exhibit 01

CA-2-82-13-002

COLLECTION AGREEMENT between

State of Colorado

Department of natural Resources

Division of Wildlife and

National Forest, USDA-Forest Service

THIS COLLECTION AGREEMENT, made and entered into by the between the

State of Colorado for the use and benefit of the Department of Natural Resources

Division of Wildlife, hereinafter referred to as the State, and the Forest Service,

U.S. Department of Agriculture, hereinafter referred to as the Forest service, under the provisions of the Act of June 30, 1914 (16 USC 498),

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WHEREAS, the Forest Service has primary responsibility for managing wildlife habitat on National Forest system lands; and

WHEREAS, the State has primary responsibility for managing wildlife populations; and

WHEREAS, authority exists in the State Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number , G/L Account

Number , Contract Encumbrance Number ; and

WHEREAS, The parties hereto are desirous of enhancing and improving wildlife habitat within the National Forest; and

WHEREAS, the burning by prescription of approximately 1,210 acres of oakbrush, serviceberry, and chokecherrry will improve wildlife habitat and the recreational resources of the people of the State of Colorado and the United States; and

WHEREAS, the regeneration by clearcutting of 158 acres of decadent aspen currently lacking adequate sprouts; cutting to be accomplished via force account will improve wildlife habitats and the recreational resources of the people of the

State of Colorado and of the United States; and

WHEREAS, the construction of 2 guzzlers in water deficient areas will improve wildlife habitats and the recreational resources of the people of the State of

Colorado and of the United States; and

WHEREAS, under present financing and conditions, it is expedient to cooperatively establish such projects,

NOW, THEREFORE, in consideration of the above premises, the parties hereto agree as follows:

A. The State shall:

1. Deposit in advance the sum of eighteen thousand, nine hundred and five dollars ($18,905) into the Forest Service's cooperative work fund, such sum to be expended by the Forest Service in the completion of the wildlife habitat improvement referred to herein. Remittance will be made payable tot he "Forest Service, USDA" and mailed to the Unit Collection Officer,

U.S. Forest Service, National Forest, , , accompanied by a statement to be furnished by the Forest Service.

2. Make pre-project and post-project evaluations (after two years and five years from the time of treatment) of the results of treatment from the standpoint of improved wildlife habitat and the relative advantages of the method of treatment. A copy of all the pre- and post-project evaluation reports will be provided to the Forest Supervisor,

National Forest.

B. The Forest Service shall:

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1. Provide labor and materials under such terms and conditions as it may deem desirable to accomplish habitat improvements within the following areas:

PROJECT NAME ACRES LEGAL DESCRIPTION

BURNING

Barnes Mtn.

Turkey Cr.

Mesa-Horse Mtns.

Klutter Mtn.

Plumtaw sugarloaf

Hoppe Pt.

Black Snag #2

200 Secs. 23 and 26, T.36N.,

R.10W

100 Sec. 2, T.35N., R6W

200 Sec. 24, T.34N., R1W.

100 Sec. 16, T.33N., R1W.

100 Sec. 17, T.24N., R.2W.

155 Sec. 15, T.35N., R.4W.

50 Secs 10, 11 and 15, T.41N.,

R.16W

155 Secs. 15 and 16, T.28N., R.

15 W

Subtotal

Indian Cr. Aspen

San Juan Forest

Aspen

Subtotal

1,210

CLEARCUTTING

100 Sec. 8,9, T35., R.5W.

8 Sec. 35, T.40N., R.16W.

40 Sec. 7, T.40N., R.16W.

10

158

Sec. 34, T.40N., R.16W.

GUZZLER CONSTRUCTION

F.S.

$ 2,700

1,350

3,000

1,500

1,500

2,700

375

775

$15,900

$ 2,650

$ 2,610

COST

$ 2,000

$11,875

$ 5,260

D.O.W.

1,250

2,000

1,250

1,000

1,000

375

1,500

$ 1,400

$ 2,630

$ 4,030

Ryman Cr. Guzzlers

San Juan Forest

2 Sec. 18 and 20, T.41N.,

R.15W

hereunder, from funds available for this purpose.

$ 2,000 $ 3,000

GRAND TOTAL $23,160 $18,905

2. Pay all costs of this project including the Division's contributions

3. Furnish the supervision of the project work while it is in progress and carry out any subsequent maintenance of it.

4. Allow public access to the use of the project area for hunting, camping and fishing purposes, except for temporary administrative closures as may be needed from time to time for purposes of public health and safety or for the protection of other National Forest resources. Current forest Service

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Page 5 of 15 multiple use plans do not indicate any higher priority use of the are for at least ten years.

5. Use the funds deposited by the State under the terms of this agreement for payment of all necessary costs associated with the project.

6. Refund to the State any funds contributed by it which are not required by the Forest Service for the purpose of this agreement.

C. It is Mutually Agreed and Understood By and Between the Said Parties That:

1. All improvements constructed in whole or in part from contributions shall be and will remain the property of the United States.

2. Nothing herein shall be construed as obligating the Forest Service to expand or as involving the United States in any contract or other obligation for the future payment of money in excess of appropriations authorized by the law and administratively allocated for this work.

3. No member of or delegate to Congress, or Resident Commissioner, shall be admitted to share any part of this agreement, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit.

4. To comply with Public Law 91-190, the National Environmental Policy Act of 1969, the State 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 State further agrees to assist the Forest Service in the preparation of environmental statements as required by Section 102 (2) (c) of P.L. 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.

5. Either party may terminate the agreement by providing 30 days written notice: Provided that any funds on deposit will be available for expenses incident to closing out the work beyond the period of written notice.

Unless terminated by written notice, this agreement will remain in force until October 1, 1985.

6. The sum of eighteen thousand, nine hundred and five dollars deposited by the State covers its full share of work to be accomplished.

D. Special Provisions:

1. Controller's Approval

This collection agreement shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he

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Page 6 of 15 may designate. This provision is applicable to any agreement involving the payment of money by the State.

2. General

(a) Any provision of this agreement whether or not incorporated herein by reference which provides for arbitration to any extra-judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable in any action at law whether by way of complaint, defense or otherwise. Any provision rendered null and void by the operation of this provision to the extent that the agreement is capable of execution.

(b) The State signaturies hereto aver that they are familiar with 18-8-301 et seq., (Bribery and Corrupt Influences) and 18-8-401 et seq., (Abuse of Public Office), C.R.S. 1973, as amended, and that no violation of such provisions is present.

(c) The signaturies aver that to their knowledge, no State employee has any personal or beneficial interest whatsoever in the service or property described herein.

IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day last written below.

U.S. DEPARTMENT OF AGRICULTURE STATE OF COLORADO

FOREST SERVICE RICHARD D. LAMM, GOVERNOR

By

Executive Director Forest Supervisor

Date

DEPARTMENT OF NATURAL RESOURCES

Division of Wildlife

, DIRECTOR

Date

APPROVALS

Attorney General Controller

By By

71.28a - Exhibit 02

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COLLECTION AGREEMENT between and

National Forest, USDA-Forest Service

THIS COLLECTION AGREEMENT, made and entered into by and between

, hereinafter referred to as the Cooperator, and the Forest

Service, U.S. Department of Agriculture, hereinafter referred to as Forest Service, under provisions of the Act of April 24, 1950 (16 USC 573)

WITNESSETH:

WHEREAS, fire protection on private lands is a basic responsibility of the private landowner.

WHEREAS, it is to the mutual advantage of both parties herein that the lands owned by the Cooperator and the adjacent National Forest lands be protected from fire.

NOW, THEREFORE, in consideration of the above premises, the parties hereto agree as follows:

A. The Cooperator Shall:

1. Deposit with the Unit Collection Officer, .

National Forest, U.S. Department of Agriculture, by remittance made payable to

Forest Service, USDA, for the credit of the United States $ per acre for the calendar year 19 for the protection of approximately acres of land in or adjacent to the National Forest as specifically shown on the attached map, which is made a part of this agreement (Exhibit A).

The deposit shall be made upon presentation of a bill for collection by the Forest

Service. Funds so collected shall be deposited in the Cooperative Work Fund to be used for fire protection, suppression, and related indirect costs.

2. Furnish to the Forest Supervisor each year, prior to November 1, a written description of the lands owned or controlled for which the Forest Service is to assume protection responsibilities.

3. Designate each year the name of its agent to whom the reports of all fire on lands under agreement shall be transmitted by the Forest Supervisor.

4. Assist the Forest Supervisor, National Forest, by furnishing, upon request all available men and equipment engaged in its operations either on private or Government land for the suppression of such fires as may occur outside the Cooperator's operations.

B. The Forest Service Shall:

1. Provide fire protection for the lands covered by this agreement similar to that provided to the lands of the United States within said National Forest.

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C. It is Mutually Agreed and Understood By and Between the Said Parties That:

1. The Forest Service will not be held responsible for the cost of fighting any fires starting on lands of the Cooperator excluded from this agreement.

2. All lands of the Cooperator included in this agreement and subject to the cooperative payment hereinbefore provided are shown upon plats accompanying this instrument and marked "Exhibit A".

3. The Forest Service shall not be bound to make any expenditures under terms of this agreement if the Congress of the United States shall fail to make necessary funds available.

4. The United States of America shall not be liable for any damage incident to the performance of work under this agreement to any depositors or landowners who are parties to the agreement, and all such depositors or landowners hereby expressly waive any and all claims against the United States of America for compensation for any loss, damage, personal injury or death occurring in consequence of the performance of this agreement.

5. The rate per acre shown in Clause A (1) above will be redetermined annually as of September 30 and that such redetermined rate will be used in the annual billing for the calendar year beginning the next succeeding January 1.

6. This agreement shall remain in force from the date of execution and continue from year to year unless terminated. Termination may be by either party upon 30 days written notice to the other party with the period December 1 of any one year and March 1 of the succeeding year, provided that all obligations of such part under this agreement are satisfied.

7. 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 to arise therefrom; but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit.

8. Nothing in this agreement shall relieve the Cooperator, its agents, employees, contractors, or employees of contractors, from responsibility for any fire which shall be the result of its or their negligent, willful or unlawful acts, conduct or operations, nor shall operate to prevent the United States from recovering the fire suppression expenses incurred for any such fire, as well as the amount of damage done by any such fire to the lands, timber or other property of the United States, and the Cooperator shall reimburse the United States for the cost of suppression by the Forest Service of all fires caused by or originating in connection with the operations of the Cooperator, its agents, employees or contractors, upon its said lands.

9. This agreement cancels and supersedes that certain agreement dated between the parties hereto, which said agreement shall terminate as of .

(Note: Use only if this replaces old agreement.)

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IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the last date written below.

Date

Date

Cooperator

Forest Supervisor,

National Forest,

USDA-Forest Service

71.28a - Exhibit 03

U.S. DEPARTMENT OF AGRICULTURE

Forest Service

Collection Agreement

FOR INTERIM SEISMIC INSPECTION WORK

Collection Agreement No.

CA-2- - -

THIS COLLECTION AGREEMENT, made and entered into by and between

hereinafter referred to as the

PERMITTEE, and the National Forest; U.S.

Department of Agriculture Forest Service, hereinafter referred to as the FOREST

SERVICE, under the provisions of the Act of April 24, 1950, Section 5, (16 USC 572) and the Act of June 30, 1014 (16 USC 498).

WITNESSETH:

WHEREAS, it is the responsibility of the FOREST SERVICE to protect, administer, and improve National Forest lands, and

WHEREAS, the PERMITTEE has a permit for seismic surveys on the aforementioned National Forest, and

WHEREAS, the FOREST SERVICE has responsibility for inspecting

PERMITTEE'S operations under the seismic permit on National Forest System lands to ensure that permit requirements are met for purposes of public safety, for cleanup of permitted area and for mitigation or rehabilitation of damage to the resource and other property, and

WHEREAS, limited funding of the FOREST SERVICE for administration of seismic exploration activities on National Forest System lands allow the

FOREST SERVICE to make only final inspections of operations under seismic permits in order to provide approval for the large number of permits requested, and

WHEREAS, the PERMITTEE recognizing that additional interim inspections are needed to ensure that employees and subcontractors of the PERMITTEE are meeting permit stipulations related to public safety, cleanup, and resource

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Page 10 of 15 and property damage, has requested that the FOREST SERVICE make additional interim inspections, and

WHEREAS, the PERMITTEE desires to contribute funds to the FOREST

SERVICE to be expended for the additional interim inspections.

NOW, THEREFORE, in consideration of the above premises, the parties hereto agree as follows:

A. THE PERMITTEE SHALL:

1. Upon presentation of a Bill for Collection, deposit with the

National Forest an estimated amount of $ . This amount is to be expended by the FOREST SERVICE to pay for the agreed upon expenses related to the work described above.

2. Request inspections not less than hours in advance of date of said inspection.

B. THE FOREST SERVICE SHALL:

1. Bill the PERMITTEE in advance of any work under this agreement, an initial sum of $ , with other billings at such times as may be necessary to cover the cost of work under this agreement. Bills and correspondence associated with this agreement should be directed to:

2. Deposit funds collected from the PERMITTEE into a FOREST

SERVICE cooperative work fund.

3. Use these funds only for the purpose of performing the work necessary and related to the additional Interim Inspections requested.

4. Provide written summaries of each inspection to the PERMITTEE within three days after completion of the inspection.

5. Provide final inspection of seismic lines at no cost to the

PERMITTEE.

6. Refund to PERMITTEE any amounts in excess of the cost of inspecting PERMITTEE's work upon conclusion of permitted activities.

C. IT IS MUTUALLY AGREED AND UNDERSTOOD BY AND BETWEEN

THE SAID PARTIES THAT:

1. Work covered by this agreement shall not commence before / / and shall be completed not later than / / .

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2. The terms of this agreement will not take precedence over the terms of the PERMITTEE's seismic permit.

3. The FOREST SERVICE shall not be liable for any damage to the

PERMITTEE incident to the performance of work under this agreement and the

PERMITTEE hereby expressly waives any and all claims against the United States for compensation for loss, damage, personal injury, or death resulting from performance under this agreement.

4. Nothing herein shall be construed as obligating the FOREST

SERVICE to expend or as involving the United States in any contract or other obligation for future payment of money in excess of appropriation authorized by law and administratively allocated for this work.

5. No Member of, or Delegate to Congress or Resident Commissioner shall be admitted to share any part of this agreement or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit.

6. This agreement may be revised as necessary by mutual consent of both parties, by the issuance of a written amendment, signed and dated by both parties.

7. Either party may terminate the agreement by providing 60 days written notice provided that any funds on deposit will be available for expenses incident to closing out the work beyond the period of written notice. Unless terminated by written notice, this agreement will remain in force until .

IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the last date written below.

Name of Permittee

Name and Signature

Signature of Authorized Officer

Title

Title

Date

Date

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COLLECTION AGREEMENT - COST ESTIMATE SHEET

1.

Forest

2.

District(s)

3.

Project(s)

4.

Permittee

5.

Seismic Contractor

I. Permit Preparation

II. Additional Inspection Costs

Wages:

Govt. vehicle mileage:

Helicopter use:

Per Diem:

Forest Established GA Rate ( %)

Total Interim Inspection Costs

III. Final Inspection

File Reference 1580

$

$

$

$

$

$

Estimated Cost

No Collection

No Collection

Date

Collection Agreement Number

CA-2- - -

71.28a - Exhibit 04

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COLLECTION AGREEMENT between

City of Anytown, Colorado and

Routt National Forest, USDA-Forest Service

THIS COLLECTION AGREEMENT, made and entered into by and between the

City of Anytown, Colorado, hereinafter referred to as the Applicant, and the Forest

Service, U.S. Department of Agriculture, hereinafter referred to as Forest Service, under the provisions of the Act of June 30, 1914 (16 USC 498) and the Act of April

24, 1950 (16 USC 572),

WITNESSETH:

WHEREAS, it is the responsibility of the Forest Service to protect, administer, and improve National Forest lands; and,

WHEREAS, the Applicant desires an easement under F.L.M.P.A. to site a dam and reservoir on approximately 600 acres of national Forest System lands along Miller

Creek in Mineral County, as shown on Exhibit 1 which is attached to and made a part of this agreement; and,

WHEREAS, the Forest Service and the Corps of Engineers have determined that an

Environmental Impact Statement (EIS) must be prepared prior to making a decision on the applications; and,

WHEREAS, the Forest Service is responsible for making the decision with respect to the easement and filing the EIS; and,

WHEREAS, the Applicant desires to contribute funds to the Forest Service so that the EIS process can be conducted in a timely and expeditious manner.

NOW, THEREFORE, in consideration of the above premises, the parties hereto agree as follows:

A. The Applicant Shall:

1. Upon presentation of a Bill for Collection, deposit with the Routt National

Forest an estimated amount of $10,000.00. This amount is to be expended by the

Forest Service to pay for the agreed upon expenses related to the work described above.

B. The Forest Service Shall:

1. Bill the Applicant in advance of any work under this agreement, on initial sum of $10,000.00, with other billings at such times as may be necessary to cover the cost of work under this agreement. Bills and correspondence associated with this agreement shall be directed to:

Forest Supervisor

Routt National Forest

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Steamboat Springs, CO 80487

2. Deposit funds collected from the Applicant into a Forest Service cooperative work fund.

3. Use these funds only for the purpose of performing the work necessary and related to the preparation of the EIS.

EIS.

4. Refund to the Applicant any amounts in excess of the cost of preparing the

C. It is Mutually Agreed and Understood By and Between the Said parties That:

1. Work covered by this agreement shall not commence before April 2, 1986 and shall be completed not later than October 11, 1986.

2. The Forest Service shall not be liable for any damage to the Applicant incident to the performance of work under this agreement and the Applicant hereby expressly waives any and all claims against the United States for compensation for any loss, damage, personal injury or death occurring in consequence of the performance of this agreement.

3. Nothing herein shall be construed as obligating the Forest Service to expend or as involving the United States in any contract or other obligation for future payment of money in excess of appropriation authorized by law and administratively allocated for this work.

4. No member of or delegate to Congress, or Resident Commissioner, shall be admitted to share any part of this agreement, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit.

5. This agreement may be revised as necessary by mutual consent of both parties, by the issuance of a written amendment, signed and dated by both parties.

6. Either party may terminate the agreement by providing 60 days written notice: Provided that any funds on deposit will be available for expenses incident to closing out the work beyond the period of written notice. Unless terminated by written notice, this agreement will remain in force until December 15, 1986.

IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the last date written below.

Date Chairman, Utilities Board

City of Anytown, Colorado

Date Forest Supervisor, Routt National Forest

71 - DOCUMENTING COLLECTION AGREEMENTS.

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71.28 - Sample Collection Agreements.

71.28c - Granger-Thye Act of Apric 24, 1950, 16 USC 572.

1. Refer to section 71.28a exhibits 03 and 04 for sample agreements for use in connection with proponent contributed services and funds. Refer to FSM 1950.3 R-2

Supplement for Regional policy on responsibilities when applicants and contractors are involved.

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