TITLE 2200 - RANGE MANAGEMENT
10/85 R-1 SUPPLEMENT 63
CHAPTER 2250 - RANGE COOPERATION
2253 - INTERAGENCY COOPERATION
2253.02 - Objectives.
3. Prevent the reproduction and spread of noxious farm weeds on National Forest System
lands and movement from these lands to adjacent private land.
2253.03 - Policy. The Forest Service role in control of noxious farm weeds is one of
cooperation with local, State, and Federal agencies and private landowners.
2253.03b - Control of Noxious Farm Weeds. Forest Supervisors will coordinate control efforts
with organized weed control districts. Cooperative control efforts require:
1. the species has been declared noxious by State or county law or regulation.
2. control efforts be applied to lands of all ownership with infestations in a logical control
area.
2253.04c - Forest Supervisor.
2. the Forest Supervisor is responsible for planning and implementation of a noxious farm
weed program on the Forest. All phases of the program will be coordinated with local, State
and Federal agencies.
Forest Supervisors, in cooperation with local weed control district, will:
a. establish logical control areas. These are areas where topography, other natural
features, and/or noxious farm weed infestations tend to limit rate of spread and reinvasion
potential.
b. establish a control priority for the logical control areas.
c. establish a control priority for each noxious farm weed species on the Forest. Priority
lists may be established by logical control area.
d. develop and implement a noxious weed control program including both short- and
long-term objectives.
2253.4 - Control of Noxious Farm Weeds. Forest Supervisors will develop and implement a
noxious farm weed control program as outlined in FSH 2209.23, R1, Nonstructural Range
Improvement Handbook.
2253.4 - Cooperation with others.
______________________________________________________________________________
COOPERATIVE AGREEMENT
between
DEPARTMENT OF LIVESTOCK
STATE OF MONTANA
AND
FOREST SERVICE - NORTHERN REGION
U.S. DEPARTMENT OF AGRICULTURE
AND
BUREAU OF LAND MANAGEMENT (MONTANA STATE OFFICE)
U.S. DEPARTMENT OF THE INTERIOR
I. Purpose
This cooperative agreement, jointly developed by the Montana Department of Livestock,
hereinafter referred to as the Department; the United States Forest Service through the
Regional Forester of Region 1, hereinafter referred to as the Forest Service; and the Bureau
of Land Management through the Montana State Director, hereinafter referred to as the
Bureau, is for the purpose of establishing policy and general guidelines for the common
purpose of cooperation in solving problems concerning estray and unauthorized animals in
National Forests and public lands, brand inspection of U.S. Government horses, and
prevention of livestock diseases in the State of Montana.
II. Policy
The Department, Forest Service, and Bureau will cooperate in efforts to detect, determine
ownership of, and resolve instances of use of National forest and public lands by
unauthorized or estray livestock, and in use of proper procedures for hauling U.S.
Government horses within the State for the purpose of carrying out official duties in
administration of the National Forests and public lands.
III. Authority
A. Montana Codes Annotated (MCA) Title 2, Chapter 15, Part 31,and Section 2-15-112
B. Multiple-Use, Sustained-Yield Act of June 12, 1960 (16 USC 528-531)
C. Federal Land Policy and Management Act of October 21, 1976, Sec. 307, 90 Stat.
2766, 43 USCA Sec. 1737 (1978 Supp.)
IV. Responsibility
A. The Department has been created under the laws of the State of Montana to provide an
adequate system of control and regulation for livestock ownership, transportation, and
disease prevention.
B. The Bureau and the Forest Servic are charged with responsibility for multiple-use
management and administration of programs on the National Forests and public lands.
V. Management Consideration
To accomplish the intent of this agreement, the Department, Forest Service, and Bureau
mutually agree:
A. Estray and Unauthorized Livestock - (This section does not apply to horses and burros
that meet the definition of wild free-roaming horses and burros as defined in Public Law
92-195).
1. That unbranded or unmarked, branded of unknown ownership, and branded
unredeemed of known ownership horses, mules, asses, cattle, swine, sheep or goats impounded
by the Forest Service or Bureau on National Forest and public lands may be turned over to the
Department for disposal according to State law. The Department will reimburse the Forest
Service or the Bureau, whichever is appropriate, for impoundment cost up to the net sale price of
the animals(s) [Authority of Sec. 5, Act of April 24, 1950 (16 USC 572)]. Amounts realized
from the sale, in excess of Forest Service or Bureau costs, will be retained by the Department for
their refund to proper owners, as applicable.
2. All impoundments of estray and unauthorized livestock from public and National
Forest lands shall be accomplished by the Bureau of Forest Service on lands under their
respective jurisdiction. However, their field officers will extend full cooperation to, and
involvement of the District Livestock Inspector of the Department on each impoundment.
B. Transportation of Livestock
1. Government owned horses, by mules, or asses transported by vehicle within the State
or to another State will be moved in accordance with rules and regulations of the Forest Service
and/or Bureau and are exempt from Montana State brand inspection requirements.
2. Privately owned horses, mules, or asses under contract or use agreement by the Bureau
or the Forest Service are subject to brand inspection requirements of the State of Montana.
VI.Administrative Consideration
It is mutually agreed and understood by and between the said parties that:
A. No member or delegate to Congress, or Resident Commissioner, shall be admitted to
any share or part of this agreement, or to any benefit which may arise therefrom.
B. All cooperative work under the provisions of this agreement or supplemental
agreements or memorandums of understanding will be accomplished without
discrimination against any person because of race, creed, color, sex, or national origin.
C. This agreement may be revised as necessary, by mutual consent of all parties, by the
issuance of a written amendment, signed and dated by all parties.
APPROVED:
STATE OF MONTANA
DEPARTMENT OF LIVESTOCK
/s/ LES GRAHAM
Director
4/2/79
Date
BUREAU OF LAND MANAGEMENT
/s/ EDWIN RAIDLIZ
State Director
4-11-79
Date
FOREST SERVICE, NORTHERN REGION
/s/ TOM COSTON
Regional Forester
3/29/79
Date
__________________________________________________________________________ ___
FS 01-79-010
COOPERATIVE AGREEMENT
1786:4700
NO. MTbetween
NORTHERN REGION (REGION 1)
FOREST SERVICE, U.S. DEPARTMENT OF AGRICULTURE
AND
MONTANA STATE OFFICE, BUREAU OF LAND MANAGEMENT
U.S. DEPARTMENT OF THE INTERIOR
(MONTANA, NORTH DAKOTA, SOUTH DAKOTA)
AND
THE DEPARTMENT OF LIVESTOCK
STATE OF MONTANA
SECTION 1. PURPOSE
This Cooperative Agreement between the Montana Department of Livestock, hereinafter referred
to as the Department; the Bureau of Land Management through the Montana State Director,
hereinafter referred to the Bureau; the United States Forest Service through the Regional Forester
of Region 1, hereinafter referred to as the Forest Service; is for the purpose of instituting close
cooperation among agencies toward implementation of Public Law 91-195 for the Protection,
Management, and Control of Wild Free-Roaming Horses and Burros, hereinafter referred to as
the act, and as represented in the Secretary of the Interior Regulation 43 CFR Part 4700, and in
the Secretary of Agriculture Regulations 36 CFR 231.11, hereinafter referred to as the
regulations.
SECTION 2. POLICY
The BLM and Forest Service are charged by the act, as amended, and the regulations to protect,
manage, and control wild free-roaming horses and burros associated with lands under the
administration of the BLM and Forest Service and private land under cooperative agreements.
The Department, under certain circumstances, is charged with the responsibility for validating
and processing claims of ownership of estray animals under the laws of the State of Montana,
and the proper disposal of diseased or dead animals pursuant to the livestock sanitation laws,
within the State of Montana.
AND, it is the mutual desire of the Department, BLM, and Forest Service to work in harmony for
the common purpose of planning, implementing, and administering the applicable State and
Federal laws to accomplish the directed protection, management, and control of wild
free-roaming horses and burros within the State of Montana and provide maximum service with
minimum adverse effect on resources and the environment.
SECTION 3 AUTHORITY
Public Law 91-195, an act to require the protection, management, and control of wild
free-roaming horses and burros on public land.
The Federal Land Policy and Management Act, (Public Law 94-579).
The Public Rangelands Improvement Act of 1978 (Public Law 95-514).
Title 46, Chapter 8, Inspection of Livestock Before Removal From County, Montana Livestock
Laws.
The Taylor Grazing Act, 43 U.S.C. 315-315r (1970) as amended, and other authorities.
SECTION 4 MANAGEMENT CONSIDERATION
To accomplish the purpose and policy of this agreement,
IT IS MUTUALLY AGREED:
A. The BLM and Forest Service's planning systems produce guidelines and decisions for
management of the resources on their respective administered lands. Since wild free-roaming
horses and burros can be affected by decisions which result from planning systems, it is
important that information, data, viewpoints and cooperation be obtained from the Department.
The Department can also benefit from similar consultation with the BLM and Forest Service.
B. Department
The Department will participate, to the extent allowed by other program commitments, in
planning system meetings called by the BLM and/or Forest Service to review management plans
and proposals, and offer recommendations regarding wild horse and burro management, and
other management alternatives. The Department recognizes the jurisdiction of the BLM and
Forest Service over wild free-roaming horses and burros on lands administered by the BLM and
Forest Service, and those animals that may wander from these lands, or are privately maintained
as provided in the act and the regulations.
The Department expressly retains all its powers, authority and responsibilities under the animal
estray laws, inspection and enforcement laws, brand laws and other laws of the State of Montana,
and regulations adopted pursuant thereto, and this agreement shall in no way constitute or be
deemed an abrogation, waiver, assignment or diminution of such powers and responsibilities.
C. BLM and Forest Service
All resource information gathered by the BLM and Forest Service during the inventory and
public participation phases of the planning effort will be available for review by the Department.
To the extent allowed by program commitments, the BLM and Forest Service will assist the
Department as requested in providing data beneficial to the Department's planning efforts.
D. Claims of Animals
The act and the regulations provide that persons are entitled to recovery of unbranded animals
only where they can show proof of ownership under the estray laws of the State involved. It is
also understood that the final role in determining whether horses or burros are wild free-roaming
animals is reserved exclusively to the Federal Government. In order to properly conform to
such provisions and to provide harmony between the State and Federal agencies in recognizing
those persons who have legitimate claim to animals, otherwise thought to be wild and
free-roaming, the following procedures are established:
1.Written claims will be accepted by the BLM's and/or Forest Service's authorized officer. The
Forest Service's authorized officer is referred to herein as the Forest Supervisor or his
delegated representative. BLM's authorized officer is referred to herein as the District
Manager or his delegated representative.
a.The claimant must submit with his claim, a sworn affidavit asserting ownership to the
claimed animals and indicating a willingness to defend title and setting forth the
following:
(1) Number of animals claimed.
(2) A description of each of the claimed animals including factors indicating
tameness, such as animal being gelded, broken to rope or saddle, and including
other marks, such as tattoos, tagged, and man-created blemishes, color pattern or
characteristics, clearly visible.
(3) Date and circumstances animals entered upon the open range.
(4) Location of relevant private or leased lands where animals were kept prior to
the release on open range.
(5) Any other information the claimant deems relevant.
b. Other ownership evidence when available will be submitted with the claim. This may
include:
(1) A bill of sale fully describing the claimed animal(s) and which meets all State
legal requirements for a bill of sale, or
(2) A valid inspection certificate issued by the Department for some previous
occasion which fully describes the animal(s) and which clearly identifies the
animal(s) as belonging to the claimant, or
(3) A brand certificate issued by another state for some previous occasion as
required by rules and regulations of the Department, or
(4) Valid brand exemption certificate issued on a previous occasion, fully
describing the animal(s) and clearly identifying the claimant's ownership, or
(5) Tax receipt identifying the claimant as having paid personal property tax on
the claimed animal(s).
If the claimant is unable to satisfy (1), (2) or (3) above, the Department, BLM, and Forest
Service may consider other appropriate indicia of ownership which may include, but is not
limited to: (a) whether the claimant has paid personal property tax upon the claimed animal(s);
(b) whether the animal(s) is the known progeny of a mare or jenny owned by the claimant.
2.Upon receipt of the written claim and supporting information, the BLM's or Forest Service's
authorized officer will meet with the Department's representative and jointly review the
information submitted by the claimant.
Based upon this review the Department's representative will certify in writing to the
authorized officer as to whether the claimant meets the State ownership requirements.
a. If State ownership requirements have been met, the GLM's or Forest Service's
authorized officer will issue written authorization to the claimant setting forth the
terms and conditions for gathering the animals. The BLM's and/or Forest Service's
authorized officer and the Department's representative may participate in and
supervise roundups directed by the BLM or the Forest Service to assure compliance
with State laws and regulations.
b. If State ownership requirements have not been met the BLM's or Forest Service's
authorized officer will advise the claimant accordingly and reject his claim.
3. After animals are gathered they will be inspected by the BLM's or Forest Service's
authorized officer and Department representative, and upon satisfaction of ownership and a
determination of any trespass charges, the animals will be turned over to the claimant.
Unclaimed animals showing evidence of abandonment such as unregistered brands,
tattoos, or tags will be turned over to the Department's representative to be handled under
State estray procedures. Wild and free-roaming animals will be handled in accordance
with Land Use plans of BLM or Forest Service.
E. Disposal of Animals
Pursuant to the Act and regulations, the BLM or the Forest Service may direct the disposal of
animals. Prior to disposal, the BLM and/or Forest Service will consult with the Department
regarding disposal of animals except in acts of mercy requiring immediate actions. The
Department will review any proposed disposal and make recommendations concerning the
method of destruction and the method of disposing of destroyed animals, in accordance with
State laws concerning humane treatment of animals and public health and sanitation.
Horses or burros known to be infected with certain communicable or infectious diseases such as
"swampfever" or "sleeping sickness" will be disposed of in the most humane manner after
consultation with the Department or its authorized representative. In the event of potential
disease epidemic in a wild horse or burro herd, the BLM and/or Forest Service will consider
recommendations and guidance of the Department to minimize the potential and to dispose of the
infected and exposed animals.
F. Violations; Enforcement
In the event of alleged or known violations of the act, the BLM and/or Forest Service will
contact the Department to validate the ownership status of the animal(s) involved according to
the criteria set forth in this agreement. The Department may be requested to assist in
enforcement proceedings where wild free-roaming horses or burros are involved.
G. Property Damage
The Department may be requested to assist in investigation of alleged property damage inflicted
by wild free-roaming horses or burros. Assistance will include, but may not be limited to,
establishment of the ownership status of animals.
SECTION 5. ADMINISTRATIVE MATTERS
A. Meetings
The Department, BLM and Forest Service will meet jointly as needed to discuss matters relating
to the planning coordination, and implementation of the act and regulation pertaining to
management of wild horses and burros on or affecting BLM and/or National Forest Systems
lands.
B. Transportation of Livestock
1. The transporting of wild free-roaming horses and burros from BLM or National Forest
System lands will be done in accordance with rules and regulations of the Department,
BLM, and Forest Service.
C. Funding Obligations
Nothing in this agreement shall be constructed as obligating any party hereto in the expenditure
of funds.
D. Restriction of Congressional Delegates or Resident Commissioner
No member or delegate to Congress, or Resident Commissioners, shall be admitted to any share
or part of this agreement, or to any benefit that may arise therefrom.
E. Discrimination
All cooperative work under the provisions of this agreement or supplemental agreements or
memorandums of understanding will be accomplished for employment, because of race, creed,
color, sex or national origin.
F. Disclaimer
This agreement in no way supercedes other policies of the Bureau of Land Management, U.S.
Forest Service or the Department of Livestock and is contingent upon adequate funding to meet
the specific cooperative intent of this agreement.
G. Effective Date, Amendment, Termination
This agreement shall become effective when signed by the designated representatives of the
parties hereto and shall remain in force until terminated by mutual agreement, or by any party
upon thirty (30) days' notice in writing to the other of its intention to terminate upon a date
indicated. This agreement will be reviewed jointly by the notice in writing to the other
of its intention to terminate upon a date indicated. This agreement will be reviewed jointly by
the Department, BLM, and the Forest Service at five year intervals. Amendments to this
agreement may be proposed by any party and shall become effective upon approval by all
parties.
APPROVED:
Department of Livestock
State of Montana
Date:____May 21,1979_________
By:_/s/ Bob Barthelman(?)_________
Chairman, Board of Livestock
State of Montana
U.S. Department of the Interior
Bureau of Land Management
Date:
May 9, 1979_________
By: /s/ Edwin Raidliz____________
State Director
U.S. Department of Agriculture
Forest Service
Date:____May 15, 1979________
By: /s/ Tom Coston_________________
2259 - COOPERATION ON NOXIOUS FARM WEEDS
2259.02 - Objectives.
To prevent the reproduction and spread of noxious farm weeds on National Forest System lands
and movement from these lands to adjacent private land.
2259.03 - Policy
Forest Supervisors will coordinate control efforts with organized weed control districts.
Cooperative control efforts require:
1. the species has been declared noxious by State or county law or regulation.
2. control efforts be applied to lands of all ownership with infestations in a logical control
area.
2259.04 -Responsibility.
Forest Supervisors. The Forest Supervisor is responsible for planning and implementing a
noxious farm weed program on the Forest. All phases of the program will be coordinated with
local, State and Federal agencies.
Forest Supervisors, in cooperation with local weed control district, will:
a. establish logical control areas. These are areas where topography, other natural
features, and/or noxious farm weed infestations tend to limit rate of spread and reinvasion
potential.
b. establish a control priority for the logical control areas.
c. establish a control priority for each noxious farm weed species on the Forest. Priority
lists may be established by logical control areas.
d. develop and implement a noxious weed control program including both short-and
long-term objectives using guidelines outlined in FSH 2209.23, R-1, Nonstructural Range
Improvement Handbook.