r1-1533.2

TITLE 1500 - EXTERNAL RELATIONS

1/75 R-1 SUPPLEMENT 23

CHAPTER 1530 - INTERDEPARTMENTAL

1533 - DEPARTMENT OF DEFENSE

1533.2 - Department of the Army.

MEMORANDUM OF UNDERSTANDING

BETWEEN

FOREST SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE,

AND

CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF THE ARMY

To set forth requirements and procedures when the Corps of Engineers occupies and uses

National Forest System lands, within Forest Service Regions 1, 4 and 6, for any construction, operation and maintenance of communication and hydromet facilities, regardless of size, associated with water resource development projects.

For reference, other current agreements are: (1) Memorandum of Agreement of August 13,

1964, by the Secretaries of the Army and Agriculture "relative to management of land and water resources at water-development projects of the Corps of Engineers located within or partly within the National Forest System" and (2) "Guidelines for Use in Design of Water Resource

Projects and Preparation of Project Memoranda of Understanding" dated March 26, 1970, between the Regional Foresters of Regions 1 and 6 and the Division Engineer, North Pacific

Division, COE.

The Forest Service, through the Regional Foresters, and Corps of Engineers, through the North

Pacific Division Engineer, agree as follows:

SECTION I. PLANNING, ENVIRONMENTAL IMPACT ASSESSMENTS,

ENVIRONMENTAL IMPACT STATEMENTS, AND PROGRAMMING

A. Planning

The Corps and the Forest Service recognize the importance of planning and agree to coordinate their respective planning efforts as follows:

The Corps and the Forest Service will meet annually or as otherwise agreed to exchange long- (8+ years) and short-range (1-7 years) plans of mutual interest. The Corps will initiate the annual meeting. Either party may initiate a meeting or provide information on new developments as the need arises.

The Corps will involve the Forest Service on a continuing basis in the various planning and analysis processes concerning any new facilities as soon as it is anticipated that use of

National Forest System land should be considered as one of the possible location alternatives; and the Forest Service will engage in long-range planning with the Corps to assure that such things as land use planning, environmental impact assessment, compliance with the National Environmental Policy Act and public involvement are completed and evaluated on a coordinated, timely basis.



B. Environmental Impact Assessment Report (EAR) and Environmental Impact Statement

(EIS)

As Federal agencies, the Corps and the Forest Service have a legal mandate under the

National Environmental Policy Act of 1969. This Act sets forth a general environmental policy and several specific requirements for Federal agencies. The specific requirements include the following: All agencies of the Federal Government shall (1) utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decision-making which may have an impact on man's environment, (2) insure that presently unquantified environmental amenities and values may be given appropriate consideration in decision-making along with economic and technical consideration, (3) study, develop, and describe appropriate alternatives to recommended courses of action in any proposal which involves unresolved conflicts concerning alternative uses of available resources, (4) initiate and utilize ecological information in the planning and development of resource-oriented projects, (5) prepare a detailed statement on major Federal actions significantly affecting the quality of the human environment, and (6) make available such statements to the public.

In recognition of the above, the Corps and the Forest Service will conduct environmental impact assessments and prepare environmental impact statements in accordance with their individual procedures. Where an environmental statement is determined not to be required on a new proposal or facility affecting the other Agency, the proposing Agency will provide the affected Agency with its environmental impact assessment. Where an environmental statement is to be prepared, the Agency initiating the proposal will take the lead in statement preparation. The other Agency will actively participate in development and review of the statement.

C. Programing

This part of the management cycle involves formulating program alternatives based upon the results of steps A and B above. These program alternatives are then subjected to each

Agency's budgeting processes. A key element in the programming phase is that it must be preceded by the planning and National Environmental Policy Act processes discussed in steps A and B above.

D. Shared Use

Occupancy of use of National Forest System lands will be on a nonexclusive basis and any proposed structure or facility will be designed and constructed to provide for shared joint occupancy when technically feasible and environmentally compatible. The objective is to consolidate occupancies or uses into fewer and more compatible designed structures or facilities and provide capacity for anticipated future needs.

The Forest Service may authorize joint use of the structures or facilities by others on a share basis if, after consultation with the Corps, it is determined that such use is technically possible and consistent with operational and security restraints to provide the maximum needed reliability within the facility.



An occupant who has been authorized equipment placement on a tower, in a shelter, or at a site presently occupied by another agency or group assumes the responsibility of corrective action. If his equipment causes interference with operation of equipment of occupants whose installations preceded his, he must immediately suspend operations until measures have been taken to prevent or eliminate such interferences. The occupant who caused the interference will pay all costs for investigative and corrective measures.

Shared use does not include the sharing of electronic transmitting and receiving equipment.

Payment of an equitable portion of the operation and/or maintenance costs of any shared facilities will be made by all occupants. Cost sharing will be agreed to before joint occupancy can occur.

SECTION II. POWERLINE, COMMUNICATION, AND HYDROMET FACILITIES

A. Powerlines

The elements of location and construction of powerlines to serve communication and hydromet facilities are covered under Data Site Development Plans within this document.

Although the Corps routinely inspects and maintains its facilities, the Forest Service will report any observed or potential facility damage to the Corps.

Forest Service proposed activities or permitted uses adjacent to Corps facilities will be coordinated with the Corps to assure that such activities and uses are appropriate in consideration of the safety of the facility and National Forest users.

B. Communication and Hydromet Facilities

The Forest Service will take the lead in seeing that there is coordination of requests for communication and hydromet needs to ensure that use of the sites is consistent with

National Forest land management concepts, values and objectives. Also, to minimize the total number and size of sites occupied for the aggregate of these purposes by nonexclusive shared use. To facilitate this Forest Service coordination job, the Corps may be requested to seek out and enter into exchange of information and proposed long-range plans with other potential sharing partners such as law enforcement agencies, highway departments, and Federal agencies.

The Corps will perform the necessary investigations with regard to radio paths, site plat drawings, site dimension requirements and other surveys as required in preparatory phases leading to the Data Site Development Plan and provide additional technical data needed by the Forest Service.

Hydromet Data Management in the Columbia River Basin is covered by a separate interagency Memorandum of Understanding between one (1) State and eight (8) Federal agencies to which the Corps is a signatory. It is the intent of the Forest Service to cooperate with the various signators and nonsignators in providing coordinated hydromet facility sites at mutually acceptable locations.



In those cases where the network(s) will encompass more than one Region or National

Forest, the Forest Service will normally designate a single representative to coordinate the overall conceptual uniformity of the proposal.

SECTION III. ACCESS ROADS

Road access may be needed for the construction and maintenance of the Corps communication and hydromet systems. The Forest Service is charged with the management of National Forest lands and the development of a system of roads to best serve the various land uses and the general public interest with a stable coordinated system of roads. This system is developed in full compliance with the laws, departmental regulations and Executive Orders outlining and governing operational, environmental and ecological concepts. Joint planning of the roads will be entered into by the Corps and the Forest Service at an early stage and the coordinated efforts will be continued throughout the project.

A. Each National Forest has a basic transportation plan. Permanent roads, agreed to by the

Forest Service, built to serve any Corps communication and hydromet system will be designed to complement the transportation plan determined by land use planning.

Required specifications for system roads are found in Forest Service Manuals.

1. All transportation facilities and appurtenant facilities will be located, designed and constructed to be compatible with Forest Service land use plans and in accordance with the criteria contained in Forest Service Manuals.

2. Proper recognition will be given to the purpose of the road, period of use, land use objectives, prescriptions and constraints, as well as safety and economics. Such things as soil characteristics, terrain, potential for soil erosion into the water courses, vegetative patterns, fish and wildlife values and esthetics will be considered.

B. Exhibits 1, and 2 define project terminology:

EXHIBIT 1 AND 2 CAN BE VIEWED IN THE DIRECTIVES

C. The Data Site Development Plan (discussed in section IV) will, among other things, identify the road considerations and timing elements of the proposal. All system and temporary roads will be located, designed, constructed and maintained in accordance with the requirements contained in Forest Service Manuals.

1. System roads are to be designed to support the loads imposed upon them without permanent deformation of the subgrade.

2. When the Forest Service and Corps needs are of similar standard, the initiating

Agency shall construct a subgrade width adequate for both needs. When the

Forest Service requires a double-lane facility, while the Corps needs could be provided by a single-lane roadway, the Corps would not be asked to construct to the higher standard without Forest Service funds being provided to cover the difference in standards.



3. Surfacing design will be performed and the road constructed to correlate the available load supporting capacity of the soils during the planned season of use with the imposed loading generated by the anticipated traffic.

4. Roads shall incorporate Forest Service design standards for signing, sight distances and turnouts for safety of two-way traffic.

5. All roads closed to public access are to be gated and signed in accordance with applicable regulations (Manual of Uniform Traffic Control Devices). Dual lock system is acceptable means of access.

6. Temporary roads constructed by the Corps will be maintained and protected by the

Corps during the life of the construction after which the road will be obliterated and the area restored by the Corps in accordance with Forest Service requirements.

7. The Data Site Development Plan will identify the responsibility for maintenance on roads during and after construction. All maintenance attributable to Corps use of the roads shall be funded by the Corps. Maintenance work can be arranged as

Agency jobs to be performed by in-Service crews, or as contract jobs by Corps contractors. The funding, and the party to do the works shall be specified in the

Data Site Development Plan.

D. Permanent roads may be accepted on the Forest Service system coincident with road completion. Prior to acceptance of the facility onto the Forest Service system a joint

Corps-Forest Service inspection will be performed to assure facility acceptability (location, standards, cleanup, landscaping, slash disposal, signing, etc.).

E. No closures will be effected which serve to deny official Forest Service or Corps traffic for emergency or appropriate management purposes.

F. Corps facility financing proposals will include identification of and justification for cooperative "Forest Road and Trail" (FR&T) financing. Roads which exceed Corps requirements may be jointly financed, in which case the roads will be built to a standard to serve Corps and Forest Service needs. Otherwise, the Corps will build to that standard necessary for its traffic needs which meets mutually developed and mutually agreed to environmental requirements and is consistent with minimum Forest Service road standards.

(See section III, C2 above for requirements concerning road width.)

G. The Forest Service is charged with the operational management of the Forest Development

Road System whereas the Corps has need to use portions of the existing system for facility construction and maintenance.

1. Portions of the accepted permanent Forest Development Road System may be closed to other than Corps traffic for agreed periods of time. When such a need is identified, the Corps shall not manage the closure without the agreement of the

Forest Service. Closure periods will be variable according to need. Corps requests will outline the closure requested and the controls it or its contractors will provide through the proposed periods.



2. System roads closed to public use and serving Corps activities will normally be operated in a closed road status. When Corps project work requires gates or barriers to be left open, access control will be maintained by the Corps when requested by the Forest Service.

3. Normal administration, inspection and small maintenance vehicle traffic operated by either party will be allowed recurrent access without special charge for road maintenance work.

H. Nothing in this Memorandum of Understanding shall be construed to relieve the Corps or its contractors or other representatives of responsibility to correct or otherwise fully compensate for the correction of any damage caused by Corps construction, use or maintenance operations; nor to relieve the Forest Service of its correlative responsibility to provide operational management.

I. "Cooperative Cost Share" Forest Development Roads

The Forest Service has, in designated areas (agreement areas) where lands are partly administered by the Forest Service and partly by private and other ownerships, joined in cooperative agreements for planning, constructing, reconstructing, improving, maintaining and using an adequate coordinated road system.

In those agreement areas where Corps operations may be involved, it is mutually agreed:

1. The Forest Service represents the U.S. Government in all road negotiations within an agreement area. The Corps may participate as a third party when mutually agreeable in cost-share agreement areas for planning, constructing, reconstructing, improving and maintaining specified Forest development access roads as needed or used in the construction of Corps communication and hydromet facilities.

2. The Corps can participate in joint financing in cost-share agreement areas by performance or by depositing funds to the Forest Service.

J. Permanent roads constructed on rights-of-way acquired by the Corps across private or non-Federal lands, which roads are to be transferred to the Forest Service for jurisdiction and administration, will be conveyed by an appropriate document.

SECTION IV. DATA SITE DEVELOPMENT PLAN

When a new specific data site on National Forest System land is agreed to by the Forest Service, a Data Site Development Plan will be prepared and signed by the Forest Supervisor(s) and

District Engineer or his representative before any construction is started. The Corps will take the lead in preparing Data Site Plans unless otherwise agreed.

The Plan will cover the details which are related to the protection, management and use of

National Forest System land, and the development of the site and the access to it by the Corps.



Once a land use grant has been made to the Corps by the Forest Service, no substantial reconstruction or relocation of the approved facilities may be authorized until the Site Plan is amended and approved accordingly. If a second, additional installation is proposed within an already existing Site Plan area, then a separate Site Plan will be required for the new proposal.

Examples of the kinds of things to be covered in a Data Site Development Plan are:

1. Responsibilities and Coordination a. Designate Forest Service Coordinator having authority and responsibility to act for the Forest Service. b. Designate Corps Coordinator having authority and responsibility to act for the

Corps. c. Proposed frequency of coordination meetings. d. The working interrelationships between the various people identified in a and b above. e. Procedure for handling unforeseen problems that may occur during construction.

2. Financing a. Mutual financing of roads. b. Financing of work performed by one Agency for the other.

3. Environment a. Highlights of the constraints identified in the project environmental impact assessment. b. Detailed environmental protection, enhancement and restoration measures required unless incorporated into the needed designs and specifications covering the various project jobs and phases (see item 7 below).

4. Site and Road Rights-of-Way

Land management objectives for the site and road rights-of-way following construction.

5. Fire Management a. Patrol. b. Protection equipment. c. Suppression.



6. Work Camps a. Authorization. b. Standards.

7. Designs and Specifications a. Specifications for clearing and construction of facilities. b. All necessary construction specifications and standards relating to the management, protection and use of the site.

8. Scheduling a. Inspections: Potential problems; existing problems; acceptance of work performed; contract compliance. b. Planned time periods concerning such things as clearing, slash burning, road construction and use of overland vehicles with the constraints identified pertaining to weather conditions, etc.

SECTION V. RIGHT-OF-WAY MANAGEMENT PLANS

The Corps and the Forest Service will work together to achieve a program of continuing management of data sites and road rights-of-way which represents an optimum blend of Corps objectives and National Forest resource management objectives. This may be documented for each facility in a jointly prepared data Site or Right-of-Way Management Plan. The Forest

Service will take the lead in preparing the plan unless otherwise agreed.

The Forest Service has the land management responsibility for National Forest System lands.

Consequently, the Corps will carry out its program in a manner which will protect or enhance the basic Forest resource values. Where additional output of National Forest resources can be obtained through special management of the site or rights-of-way, Forest Service will have this responsibility.

A separate Management Plan will be written for each road or utility line rights-of-way. But when one Management Plan can be written for a group of related or adjacent data sites, the Plan will provide the general information applicable to all such data sites.

The Management Plan is to be a detailed working plan, consisting normally of (1) Title page, (2)

Introductory statement outlining background and specific objectives, (3) Graphic section which identifies planned management and protection practices by location, and (4) Concise written section which describes practices and responsibilities.

Management decisions must be specific as to responsibilities, restrictions and timing based on current and foreseeable opportunities to accomplish sound management on the site and rights-of-way consistent with the Corps needs. Initial preparation and needed subsequent modifications of Management Plans for existing and new facilities will be carried out at field


1/75 R-1 SUPPLEMENT 23 levels. The Forest Supervisor will sign plans for the Forest Service. The District Engineer or his representative will sign for the Corps.

SECTION VI. FOREST SERVICE LAND USE GRANT INSTRUMENT

The Land Use Grant Instrument is included in this section as Exhibit 3.

When a new data site on National Forest land is agreed to and the Site Development Plan is approved, and the survey and design completed, the Forest Supervisor will then issue the Land

Use Grant Instrument which authorizes the Corps to occupy and use the established area for construction, operation and maintenance of the facility.

SECTION VII. GENERAL

1. When it is the intent of the Forest Service to grant occupancy and use of National

Forest System land to the Corps at a location mutually acceptable to the Forest

Service and the Corps, both parties will work together in order that the facility may be located, designed, constructed and maintained to meet the Corps responsibility for communication and hydromet facilities consistent with National Forest objectives and those laws, regulations and policies applicable to the management of the National Forest System.

2. Whenever it is determined by the Corps or the Forest Service that adverse impacts on forest resources are occurring on National Forest System lands and it is shown to result from a Corps project, the Corps will take the necessary corrective action soon to eliminate or minimize the impacts in accordance with a mutually acceptable plan.

3. Each Forest Supervisor will represent the Regional Forester in all matters pertaining to this Memorandum of Understanding within his Forest and within his normal responsibilities and authorities.

4. Each District Engineer will represent the Division Engineer in all matters pertaining to this Memorandum of Understanding within his District.

5. This Memorandum of Understanding may be terminated at any time by either

Agency or amended by mutual consent. Such termination shall in no way affect any existing land use grants. Following such termination, negotiating will be undertaken for a substitute agreement, if such is needed.

6. Upon termination of a Land Use Grant Instrument, or upon abandonment of any data site, the Corps will remove within one (1) year any improvements that have been erected, unless otherwise agreed upon in writing, and will leave the site in a condition acceptable to the Forest Service. If determination is jointly made to leave any said improvements in place, the Corps, to the extent that is lawfully possible, will transfer these improvements to the Forest Service.

7. All existing agreements, permits and easements entered into prior to this

Memorandum of Understanding remain in effect.



APPROVED

Corps of Engineers:

/s/ R.E. McConnell

R.E. McConnell, MG< USA

Division Engineer

North Pacific Division

Forest Service:

/s/ T. A. Schlapfer

Theodore Schlapfer

Regional Forester, R-6

/s/ Rubert ???? for Vernon Hamre


/s/ Warren G. Davis

for Steve Yurich


4 Nov 1974

Date

11/15/74

Date

11/22/74

Date

12/5/74

Date



EXHIBIT 3

2720 U.S. FOREST SERVICE

LAND USE PROPOSAL INSTRUMENT

CORPS OF ENGINEERS - U. S. FOREST SERVICE

Date

Powerline, access road(s), communication and hydromet facilities.

In accordance with the Memorandum of Understanding dated December 5, 1974, between the

Forest Service, acting through the Regional Foresters of Regions 1, 4, and 6 of Missoula,

Montana, Odgen, Utah, and Portland, Oregon, respectively, and the Corps of Engineers, acting through the Division Engineer, North Pacific Division, Portland, Oregon, application is made for a Land Use Grant Instrument to construct, operate, and maintain the following-described facilities:

Station number, location, and name

(Data site drawing enclosed if available at this time.)

(DE, or COR)

LAND USE GRANT INSTRUMENT Date

CORPS OF ENGINEERS - U.S. FOREST SERVICE

Powerline, access road(s), communication and hydromet facilities

LUR IDENTITY CODE

Region Forest User No. Case Date

The following special conditions and general information pertain to the

data facility hereby jointly approved:

1.

2.

(Station Name)

Location: (Legal description, or name of peak or local landmark)

Corps Drawing Reference Numbers:

3. Site Development Plan approved jointly on

(Date)



4.

7.

8.

5.

6.

Technical Parameters (Communication or Hydromet Facility) on the attached

2700-10 dated:

Length Powerline: (from Project Plan, miles NF)

Length Access Road(s): (from Project Plan, miles NF)

Area: (from Project Plan, acres N.F.)

A site and Road Right-of-Way Management Plan will be prepared by the Forest

Service and approved by the Corps by:

(date).

9. District Ranger(s) and Corps designee in charge of maintenance and right-of-way management planning and execution:

District Ranger

(Corps designee)

Address

Address

APPROVED FOR THE FOREST SERVICE, Region

(Date) (Signature) Forest Supervisor

APPROVED FOR THE CORPS OF ENGINEERS

(Signature) (Date) District Engineer



1533.21 - Agreement on Managing Land and Water Resources

GUIDELINES FOR USE IN DESIGN OF WATER RESOURCE PROJECTS

AND PREPARATION OF PROJECT MEMORANDA OF UNDERSTANDING

NORTH PACIFIC DIVISION, CORPS OF ENGINEERS

DEPARTMENT OF THE ARMY and

REGIONS ONE AND SIX, FOREST SERVICE

DEPARTMENT OF AGRICULTURE

The following guidelines relative to field procedures of the Corps of Engineers (Corps) and the

Forest Service deal with project planning, construction, operation, maintenance, and management of resources of water development projects located within or partly within the

National Forest System. They have been developed and adopted by Regions 1 and 6 of the

Forest Service and the North Pacific Division of the Corps of Engineers as an aid in assuring uniform implementation of the August 13, 1964, Memorandum of Agreement between the

Secretaries of the Army and Agriculture.

I. PROJECT INVESTIGATION

The District Engineer will apprise the Forest Supervisor of the initiation of Corps project investigations, and will request comments as appropriate. Close working relationship must be continuously maintained as investigations develop. The District Engineer will keep the Forest Supervisors advised of project development and will obtain advance permission for surveys, foundation explorations and other investigations on National

Forest lands.

II. PRE-AUTHORIZATION REPORTS

The views and comment of the Forest Service will be set forth by the Forest Service and included in the report of the District Engineer. The Forest Supervisor will develop impact survey reports which are subject to approval at Regional Forester and Chief's levels of the

Forest Service, for use by the District Engineer in assessing project development effects on the National Forests. These reports will identify effect on National Forest resources and administration and define the measures and actions needed for resource protection, mitigation, and amelioration. They will describe Forest Service plans for facility development, resource management, and land treatment which will contribute to project purposes. They will include the findings and conclusions of hydrologic surveys made on tributary National Forest System lands. Because the Forest Service also has a responsibility for leadership in the field of state and private forestry, the Forest Service will maintain communications with the State Forester about the project and the impact survey report will consider project effects on state and private forest lands.

Forest Service impact survey reports may be appended to the District Engineer's project pre-authorization report. In some cases certain elements of the report or supplements thereto will, because of time limitations, insufficient project design data, or the nature of analyses, be made available at a later date. In such instances, the nature of probable concern currently undefinable in specific terms, will be described sufficiently to indicate


1/75 R-1 SUPPLEMENT 23 the relevance and general magnitude of the problem. These impact survey reports will be considered in the development of Project Memoranda of Understanding.

III. MEMORANDA OF UNDERSTANDING

Individual project Memoranda of Understanding to be forwarded through channels for approval will be initiated during the project pre-authorization planning processes and completed at the earliest praacticable date. Project Memoranda of Understanding will include, but will not be limited to administration and policy matters such as areas of primary jurisdiction before the following interchange, land transfer provisions, liaison arrangements, land acquisition, relocations, public relations, and other management considerations. They will either include or will provide for ancillary action plans including but not limited to plans for timber disposal, fire prevention and suppression, recreation program management, occupancy and use rules, vector control and aquatic weed control. These ancillary action plans may be developed at the District Engineer - Forest

Supervisor level but are subject to supervisory approval of the next higher authority. The pertinent action plans must be completed in time to permit their consideration in formulation of contracts without delaying established project schedules.

Pertinent action plans may also be included at a later date in a Reservoir Management or

Master Plan which would become a joint project operation, maintenance and management plan.

A. Real Estate Procedures on Projects Where The Forest Service Has Reservoir Area

Management Responsibility

Project land requirements (scope) re planned in accordance with Corps policy and criteria as to public access (recreation), freeboard, and other project requirements which are developed in accordance with the authorization act through the means of

Corps Design Memoranda, and preliminary and final master plans for management.

1. Corps Acquired Lands. Consistent with the purposes of the project as authorized by Congress and with the land acquisition policy of the Secretary of the Army, the Corps will establish a guide-taking line for the individual project. The guide-taking line will include those lands needed for project purposes including recreation and relocations. It will be established by the

District Engineer after consultation with the Forest Supervisor. In implementation of Article 3 of the 1964 Agreement between the Secretaries of

Army and Agriculture, the Corps will have sole jurisdiction in the vicinity of the dam and other structures as determined by the Corps. Normally, if it is not incompatible with the project, the Corps will provide for Forest Service access across these lands to National Forest lands and to lands where the Forest

Service has fire protection or other management responsibilities. In the remainder of the project area, including the lands under the pool, the Corps will recommend to the Department of the Army that it transfer jurisdiction under authority of Public Law 84-804 (16 USC 505a,b) of the Corps acquired lands to the Department of Agriculture for administration as National Forest lands by the Forest Service. The Corps retains rights of use of these lands necessary for operation and maintenance of the water resource project.

3.



2. National Forest Lands. The Corps will request from the Forest Service, in a timely manner, the use of all Forest Service administered lands, including

Weeks Law lands and those established from the Public Domain which are required for the use of the project to insure their availability consistent with project schedules established for survey, exploration, and construction.

The Corps, after consultation and agreement with the Forest Service, will request that the Department of the Interior withdraw from entry under general mining laws and public land laws, National Forest lands which were established from the public domain and which are included within the area required for project purposes.

Reservation of public domain lands for National Forest purposes has the effect of closing National Forest lands to public entry under the operation of the public land laws (homesteading, etc.) but not from mineral entry or operation of the mineral leasing laws. A corps withdrawal is made under authority of

EO 10355 for protection of facilities of the project (including those for anticipated recreation needs). It has the added effect of closing the National

Forest lands to public entry under the mining laws, but not from leasing under the mineral leasing laws. Withdrawal of National Forest lands from appropriation under the United States mining laws in aid of programs of the

Corps is in addition to, but does not supersede, the reservation for National

Forest purposes. These withdrawals do not alter the applicability of those public land laws governing the use of the National Forest lands under lease, license or permit, or governing the disposal of their mineral or vegetative resources other than under the mining laws, nor do they alter the jurisdiction of the Secretary of Agriculture over the lands for purposes other than construction, operation and maintenance of the project works and reservoir.

After final design, the Corps and the Forest Service will re-examine the withdrawn lands and modify the withdrawal as necessary to cover only those lands needed for project purposes.

Both before and after interchange, each agency will issue outgrants (special use permits, etc.) to third parties only on lands under its jurisdiction. Thus the

Corps will issue all outgrants to third parties in the Corps exclusive-use area; the Forest Service will issue outgrants on lands under its jurisdiction except in the Corps exclusive-use areas but will coordinate with the Corps on any proposal which affects the project. Each agency will coordinate outgrants with the other agency where the interest of the other agency may be affected.

State And Private Lands. Where non-Federal lands are involved, every effort will be made to coordinate the development and management of these lands with the rest of the project. Additional cooperative agreements may be necessary and desirable in such fields as recreation management and fire protection.



4. Interchange Of Lands. Pursuant to Public Law 84-804 (16 USC, 505 a.b.) interchange of lands will be initiated at the earliest practical date to meet project objectives of both the Corps and the Forest Service. To avoid delays in the interchange of lands, which could be caused by final determination of needs for

Corps relocations or Forest Service recreation development, consideration will be given to effecting the transfer by phases or stages to permit orderly and timely development of facilities.

This is important to developments by the Forest Service on Corps acquired lands because the Forest Service is unable to spend National Forest appropriations for improvements on lands that do not have National Forest status.

Each agency will maintain close coordination with the other in respect to lands planned for interchange to insure interim actions will not adversely affect the program of the agency having jurisdiction of the lands after the interchange.

B. Real Estate Procedures On Projects Where The Corps Has Reservoir Area Management

Responsibility

Where it has been jointly determined that all reservoir functions will be administered by the Corps, the Regional Forester will recommend that jurisdiction of National Forest lands within a jointly determined project boundary which have been determined by the Corps to be necessary for accomplishment of Corps programs be interchanged at an early date to the

Department of the Army for administration by the Corps. Upon completion of the interchange action, the lands will cease to be National Forest lands and will be administered according to standard operating procedures for Corps projects. In the interchange of lands, the Forest Service may reserve the right of ingress and egress for carrying out its responsibilities on adjacent National Forest lands as jointly determined on a project-by-project basis.

C. Real Estate Procedures on Projects Where Reservoir Management Responsibility is

Divided Between the Corps And The Forest Service.

In some cases, the Forest Service and Corps may jointly agree that each should have responsibility for management of a portion of the reservoir area. Real estate procedures in these cases will normally be in line with III A and B of these joint instructions as pertinent for the areas involved.

D. Project Memorandum of Understanding Exhibit Map

An exhibit map will be attached to all project Memoranda of Understanding. It will show lands to be transferred to the Department of Army, lands to be transferred to the

Department of Agriculture, and areas of primary jurisdiction of each Department.



E. Project Relocation of Forest Service Facilities

Facilities include, but are not limited to, buildings, roads, bridges, and recreation improvements.

No hard and fast rules can be established or replacement of levels of service.

Transportation facilities will be replaced to load limitations and design criteria required for current traffic plus project-induced traffic. Generally such standards will not be less than that of the existing facility. Transportation facility location, design, and construction methods will be mutually agreed to by the Forest Service and the Corps. The Forest

Service will provide the Corps of Engineers with supporting data showing the need for such relocations and standards for use in appropriation hearings. Forest Service personnel will be available, as required, to respond to Congressional or Bureau of the Budget questions not covered by the justification statements.

F. Maintenance

1. Road Maintenance. Road Maintenance Agreement(s) between the Forest Service and the Corps of Engineers will be made or reached as to the proportionate share of road maintenance or financing each agency will assume for Forest Service regular or cost share agreement system roads which may be used by the additional traffic generated by and directly connected with the construction of a Corps project.

Time of transfer of road maintenance from the Corps to the Forest Service will be covered. This will normally be when the Corps notifies the Forest Service of road completion and a joint Forest Service - Corps inspection shows it to be satisfactory.

In unusual situations, transfer of road maintenance may be delayed until the roads have been stabilized to the satisfaction of both agencies but not later than three years after construction.

2. Remedial Work. The Forest Service will assume responsibility for performing protection and remedial (repair) work, which is mutually determined necessary by the Corps and the Forest Service, on lands and improvements under Forest Service jurisdiction.

G. Project Fire Prevention and Suppression Plans

1. Fire prevention and suppression plans will be prepared and reviewed annually.

2. On projects or those parts of projects where the Forest SErvice has fire protection responsibility, fire prevention and suppression responsibility will remain with the

Forest Service.

3. Where fire prevention or suppression responsibility is to be divided, the Corps may participate only after approval by the Chief of Engineers.



H. Public Relations

Project Memoranda of Understanding should provide for, or include, a joint public relations plan. It would include responsibility for public information such as press releases, brochures and similar written material, dedication ceremonies, show-me visitations, and signing.

Project signs are informational signs at key locations (damsites, visitor centers, and recreation areas) as shown in the project recreation plan. These signs should give credit to the role each agency plays in the overall project complex, Project Memoranda of

Understanding should contain wording to the effect that signs, information brochures, news releases, and visitor center exhibits recognize both the Corps' and the Forest Service's responsibilities and functions as they relate to the total read complex.

I. Timber Harvest and Reservoir Clearing

The variety of conditions influencing merchantable timber harvest will require that each project be worked out on an individual basis. Each agency has a responsibility within its own right to see that proper value is obtained for the merchantable timber within the area to be cleared. Where timber harvest in connection with project construction is accomplished on the Corps acquired lands under its administration, proper credit should revert to the project. Where feasible, and the construction schedule permits, the Forest

Service will dispose of and remove through commercial sale the merchantable timber from

National Forest lands within the reservoir area, from the road rights-of-way and other project related construction sites in advance of Corps advertising for land clearing bids.

Insofar as practicable, schedules which provide adequate time for orderly timber harvest will be established by mutual agreement between the Corps and the Forest Service.

Cutting schedules will be coordinated with other landowners in the project area when necessary. Where harvesting of merchantable timber on National Forest lands has not been completed in accordance with established schedules, or when timber is appraised at negative value and there is no advance sale, the Corps may cut and deck the timber for later disposal by the Forest Service. When decking becomes necessary, merchantable timber shall be cut into standard log lengths; shall be free of stumps, limbs and other debris, and shall be decked so as to permit later removal. The Forest Service will appraise the decked logs by adding to the appraised stumpage value the estimated cost of cutting and decking and, if possible, sell the logs and transfer to the Corps that portion of the timber sale receipts represented by such added costs. Material which has been determined to be unmarketable by the Forest Supervisor may be made available to the clearing contractor in accordance with contracting procedures of the Corps.

The reservoir flowage line, relocation boundaries, etc., will be marked by the Corps for use by the Forest Service in preparing timber sale contracts.

The Forest Supervisor and District Engineer must work closely together and must recognize the timing required to meet schedules, the administrative procedures and requirements inherent to each agency, and the proper credits to be given each agency.

Timely removal of merchantable timber is essential. However, every effort should be made to avoid situations and/or schedules which have an adverse effect on timber sale preparation and administration.



J. Drift Removal

Normally, the initial sweeping of the reservoir and shoreline areas after reservoir filling will be performed by the Corps. Responsibility for subsequent sweeping should be agreed upon in the project Memoranda of Understanding. Generally, the agency having jurisdiction over the reservoir area will have the responsibility for subsequent drift removal.

K. Liaison

Except where a definite determination has been made that the Corps will have the entire reservoir area management responsibility, the Forest Service will provide construction liaison personnel at each Corps project which affects National Forest land. The primary purpose of the liaison officer is to assure effective and harmonious coordination as the

Corps and the Forest Service, working together, endeavor to implement planned measures and actions which are mutually agreed to as needed for resource protection, mitigation, and amelioration.

IV. POSE AUTHORIZATION STUDIES

A. Design Memoranda

Design memoranda prepared by the Corps in the planning, design and construction of various project features, require coordination with and may require supporting information from the Forest Supervisor. Those which may require supporting information are briefly described in chronological sequence as follows:

1. Site Selection. Presents sufficient design data and cost estimates to compare alternate damsites and determine final location of the dam.

2. Hydrology and Meteorology. Presents basis and results of studies of precipitation and streamflow data that determine design capacities for water control projects including spillways, outlet works, channels, reservoir storage and related features. Where Forest Service studies are completed in time, it will include results of Forest Service hydrologic analyses which identifies the opportunities for modification of runoff through resource management and treatment on tributary National Forest System lands.

3. General Design. This is a comprehensive report of all aspects of the design of a water resource project. Most subsequent design memorandums are feature design memorandums which present greater detail or the results of further study on features previously covered in the general memorandum.



4. Preliminary Master Plan (Land Requirements - Public Use). Prepared as early as feasible after approval of the General Design Memorandum and before the

Real Estate Design Memorandum is submitted. This plan is limited to the most practicable and concise presentation of specific information essential to the administration of project land and water resources. It furnishes relevant project data, analyzes the various factors influencing recreation and related resource use, determines the amount, location and probable cost of lands required for public use throughout the life of the project and recommends the extent of recreation development necessary for both initial and future use.

5. Real Estate. Includes all pertinent data covering real estate requirements for the project and contains a gross estimate of value of the lands and improvements to be acquired.

6. Geology and Materials. Presents results of subsurface explorations and interpretation and evaluation of those results as they relate to the design of dams, hydroelectric plants, relocated highways and railroads and other structures. Analyses, sources and explorations for construction materials for embankments, concrete, revetment, etc., are covered.

7. Relocations. Presents basis of design and cost estimates, establishes legal necessity, and determines compensable interest for all relocations of existing facilities as required by the project.

8.R eservoir Clearing. Presents the plan for reservoir clearing including stump removal as required for operation of water storage works, recreational purposes, water quality control, fish and wildlife, and aesthetics.

9. Final Master Plan (Public Use Plan). Scope and detail of the plan will vary with the nature and operational characteristics of the project. The contents of the plan should include updated information contained in the Preliminary

Master Plan and provision for progressive and orderly husbandry of resources and their development. It should contain precise and specific information relative to resource development, administration and protection. Basic and supporting data submitted by other agencies are incorporated within the plan to assure a fully coordinated document. Since the Master Plan is a Corps of

Engineers' requirement, the Corps will take the lead in its preparation. Where the Forest Service assumes jurisdiction for recreation and related resource administration, the Forest Service, with the cooperation of the Corps, will provide the major input in the plan. Such data may include, but not necessarily be limited to, resource analysis, development of attendance data and use estimates, land use classification, area, site and facility development plans and cost estimates, resource protection plans, aesthetics and environmental protection, public safety and other administrative and management considerations. The final Master Plan should be available for use on or before the date when the project becomes operational.



10. Reservoir Regulation. Describes the proposed program for regulating water storage in the reservoir and establishes criteria for water releases for flood control conservation, recreation, quality control and other project purposes.

Other operating procedures not covered in this design memorandum or the

Master Plan are presented in the Project Operations Manual. This is a complete detailed document for operating all equipment and facilities of the project and is not issued as a design memorandum.

B. Prospectus and Contracts

Both the Corps and the Forest Service have a common interest and responsibility in the maintenance of aesthetic conditions on the project--both in planning and control of construction activities on the project.

Construction plans and specifications development will require continuous close cooperation. Methods and procedures must be developed for implementing planned project and National Forest purposes while minimizing cost and damage to

Forest resources and maximizing potential project onsite benefits.

Control of the contractors' activities is most important. Wherever feasible, construction roads will be located where they can be made a part of the Forest

Service transportation system and be used for administrative or other purposes after project completion.

Stipulations controlling the contractors' activities should be included in bidding documents as mutually agreed to by the Corps and the Forest Service, setting forth the various Forest Service requirements. The contractors' bids should be based on full knowledge of, and compliance with, all stipulations.

Some of the items for which coverage in the contracts should be given are: fire prevention and suppression requirements (for example, use of contractor personnel and equipment in emergency situations); requirements for extraordinary road maintenance form contractor use of heavy equipment; revision of road and bridge design loadings; maintenance of free and open access on logging roads; maintenance of access to trails leading from the reservoir area; protection of forest resources; aesthetics; designation of campsites; and storage of explosives and flammables. Determination of these requirements should be accomplished as early as possible.

All contacts by Forest Service representatives with Corps' contractors will be through the designated Corps' representatives, except for situations relating to fire where Forest Service personnel are functioning in the capacity of State fire wardens.



V. PROJECT OPERATION AND MAINTENANCE

Following project completion, Corps' supervision will normally be assigned to the

Operations Division of the District Engineer's Office with field supervision assigned to

Project Engineers.

A. Lines of Communication

1. The Forest Supervisor's Office and project operations in the District Engineer's

Office.

2. The District Ranger and the Project Engineer.

B. Inspection---Project and Vicinity

1. Joint inspections of the project area by the Forest Supervisor's and District

Engineer's Offices will normally be conducted semi-annually unless severe weather conditions or other factors increase the frequency. If there are no problems of mutual concern, inspection frequency may be decreased.

2. All inspections involving areas of joint or Forest Service primary responsibility will have representation from both the Forest Supervisor's and District

Engineer's Offices, or their designees.

C. Project Protection

On those projects where the Forest Service assumes responsibility for managing the water surface and adjacent lands, all of the maintenance, National Forest development, and/or other Forest Service activities must consider project protection from physical damage as being of paramount importance.

1. Protection of project works in reservoir debris removal, maintenance of project-replaced access roads in areas of heavy construction or critical drainage systems, may require a level of performance exceeding requirements necessary to protect natural resources.

2. Close working relationships will be established and maintained between the

District Engineer's Office and the Forest Supervisor's Office to assure that

Corps' requirements for project protection are met.

D. Navigation Permits

In waters classified as navigable waters of the United States, plans by the Forest

Service, its lessees, licensees and permittees for proposed improvements below the line of ordinary high water will be in the form prescribed in the pamphlet "Permit

For Work In Navigable Waters - Corps of Engineers - Department of the Army -

1968." Prior approval thereof will be required from the Department of the Army in accordance with the Rivers and Harbors Act approved March 3, 1989, 33 U.S.C. 403.



VI. PUBLIC SAFETY

The Forest Service and the Corps of Engineers will each assume the responsibility for public safety and the prevention of damage to property on land, including the water surface over such land, under their respective jurisdictions consistent with applicable laws, regulations, rules, and internal procedures.

VII. COOPERATIVE RELATIONS

Both the Corps and the Forest Service appreciate the magnitude of the job of correlating project construction and operation activities with the inherent responsibilities of optimum management and utilization of forest resources. The primary ingredients to successful operation include effective communication and an appreciation of timing as it affects dependent phases of the entire operation of each agency. Problem solving depends on free and open discussions and close personal cooperation at all levels from Regional and

Division Offices down to the areas where on-the-ground work is being performed. The

District Engineer's and the Forest Supervisor's Offices remain the levels where working agreements, such as Memoranda of Understanding, should be initiated. Close and continuous liaison, up and down the respective levels of authority, will serve to improve lines of communication, lessen the time required for individual reviews and approvals, and insure that individual agency representatives are fully cognizant of the overall task and the controlling schedules.

/s/ Roy S. Kelley

GENERAL ROY S. KELLEY

Division Engineer

North Pacific Division, Corps of

Engineers

/s/ Neal M. Rahm

NEAL M. RAHM

Regional Forester, Region 1

U. S. Forest Service

/s/ Charles Connaughton

CHAS. A. CONNAUGHTON

Regional Forester, Region 6

U. S. Forest Service

Dated 26 March 1970



1533.2 - Joint Policy Statement

This document is the supplemental Memorandum of Understanding on procedures related to projects on National Forest Lands between the Department of the Army and Department of

Agriculture.

This MOU may be viewed in hard copy or in Directives, Management Systems.

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