R4 Supplement 220020031 EFFECTIVE DATE02/05/2003 DURATION This Supplement Is

r4 supplement 2200-2003-1 effective date:02/05/2003 duration: this supplement is effective until superseded or removed. 2240 page 1

R4 Supplement 2200-2003-1
EFFECTIVE DATE:02/05/2003
DURATION: This supplement is effective until superseded or removed.
2240
Page 10 of 10
FSM 2200 – range management
Chapter 2240 – range improvements
2240.3 - Policy
---------------
Range improvements needed because of change in livestock use under the
provision of FSM 2231.61, items 1 and 3, and FSH 2209.13, section
16.14 must be financed or constructed by the permittee when the change
is made at the request of and mainly for the convenience of the
permittee.
2241 - FINANCING RANGE IMPROVEMENTS
===================================
2241.11a - Use of Range Betterment Fund (RBF)
1. Utilize the RBF for on-the-ground expenditure for range
rehabilitation, protection, and improvement projects within grazing
allotments as provided for in approved allotment management plans. Use
of this fund for control of undesirable plants shall follow these same
criteria. The RBF is not for projects aimed solely at improving water
quality or for the welfare of wildlife or livestock. The objective
must be to arrest or prevent range deterioration by implementing a
range improvement program that will lead to substantial betterment of
range conditions.
2. Minimum standards for a range improvement project to qualify for
the RBF are:
a. The project is in an approved Allotment Management Plan (AMP) that
meets the objectives of the Forest Land Management Plan. The AMP shall
address how to achieve the objective(s) of first, rehabilitating;
second, protecting range from deterioration; and third, improving
forage quality and quantity.
b. First priority improvement projects must address the arrest/
rehabilitation of deteriorated range (as defined in item c. below),
with emphasis in riparian areas. All deteriorated range improvement
projects must be completed on a Forest before improvement of forage
quality and quantity projects are implemented.
c. Deteriorated range is range that has temporarily lost all or part
of its ability to produce livestock forage and other resource
benefits. Deteriorated range contains undesirable plant species and
has a diminished soil cover. The soil may be actively eroding or has
eroded to the extent that little or no production is occurring.
d. Allotments with RBF improvement projects must be properly stocked,
based on AMP objectives and analysis.
3. Forest Supervisors may authorize use of the RBF in cases of
emergency to protect range from deterioration without the use being
provided for in an approved AMP. Emergency seeding or replacing needed
improvements lost from such things as fire, flood, or unusual snow
damage are considered emergencies for RBF.
4. Do not use the RBF for routine annual maintenance of structural
improvements since this is the permittee's responsibility. Do not use
the RBF to construct fences solely for the purpose of controlling
unauthorized livestock use.
5. Reconstruction of structural range improvements and betterment of
nonstructural range improvements may be proper expenditure of these
funds. Reconstruction is justified when the cost of maintenance
exceeds one-half of the cost of reconstruction, if the permittee has
been responsible relative to annual maintenance activities.
6. Do not use RBF to fence boundaries between National Forest system
lands and private lands (see FSM 2230.6). RBF may be used to
cooperatively fence boundaries between the Forest Service and other
federal agencies if the fence meets the priority and conditions
specified.
7. The Forest Service must acquire water rights prior to installing or
reconstructing livestock water developments (because of the Mimbres
River Decision (United States vs. New Mexico, 1978)). Requirements for
obtaining water rights vary from state-to-state; procedures are
prescribed in FSM 2540.
8. RBF's, once appropriated, are continuing funds available until
expended. However, Forest Supervisors should not plan significant
annual carry-over of these funds. Forest Supervisors shall notify the
Regional Forester as soon as possible when prudent and efficient use
of these funds is not possible so they can be reallocated if needed to
other priority projects within the Region.
2241.13 - Range Activities Approved for Sale Area Improvement
Authority to use Sale Area Improvement (SAI) Funds for range
improvement is provided in the Knutsen-Vandenberg Act as amended by
the National Forest Management Act. Within availability, use SAI Funds
to achieve goals set forth in Forest Land Management Plans and
identified in AMP's.
List all potential range improvement practices that may be located
within timber sale areas in SAI Plans. Such proposed projects must
meet the same criteria as set for other range improvements and
established for SAI K-V Collection per FSM 2477.
2241.31 - Permit Modifications
Forest Supervisors are encouraged to enter into agreements or
challenge grants with permittees to accomplish range improvement. Such
agreements, however, shall not commit the Forest Service to increase
permitted stocking or preclude allocation of forage to other uses.
Range improvement work accomplished by permittees is normally the
preferred method in contrast to competitive contracting or force
account.
Use permit modification to document agreement between the Forest
Service and permittee in joint-venture range improvements. Take care
to not duplicate existing permit clauses and to be sure that all
appropriate clauses are included in the permit modification as
determined by the merits of each joint-venture project. The example
shown in exhibit 01 may be used as a guide when the Forest Service
does not pay the permittee for services rendered.
Common practice is for permittees to donate labor and equipment and
the Forest Service to furnish materials for structural improvements.
These arrangements amount to each party furnishing approximately 50
percent of the total cost. Permittees can agree to assume
responsibility for nonstructural and structural improvements where
considerable dollar outlay is required, such as helicopter or other
equipment hire. In these cases, it is proper to advance payment to the
permittee for all or part of services rendered.
Use a format similar to exhibit 01 for permit modifications for
projects where the Forest Service pays the permittee. However, such
payment must be accomplished on the basis of single source procurement
procedures. Seek advice from the unit procurement specialist before
completion of the permit modification.
2241.31 - Exhibit 01
PAGE 1A of 3
USDA - FOREST SERVICE
PERMIT NUMBER
GRAZING PERMIT - PART 3
4361
Special Provisions and Requirements.
Responsibilities for Construction and Maintenance of Structural
Improvements or for Range Rehabilitation. List the specific
responsibilities of the permittee; or incorporate into the permit the
cooperative agreement, management plan or other document that sets
forth these responsibilities in detail. Fully identify the particular
document or documents.)
1/ This modification is hereby a part of your grazing permit number
4361, issued May 6, 2002. by G.A. Hansen. Forest Supervisor. It should
be attached to your permit as pages 1A through 3A.
It has been determined to be mutually advantageous for the PERMITTEE
and the FOREST SERVICE to cooperate in construction of the Gold Spring
Water Development and 2.0 miles of pipeline.
T14S, R19E, Section 24 - SE-1/4; Section 25 - NE-1/4, B.M.
T14S, R20E, Section 19 - SE-1/4; Section 30 - NW-1/4, B.M.
The parties hereto agree as follows:
A. The PERMITTEE will:
1. Contribute labor and/or installation, and cause such work to be
performed to the standards shown in the attached specifications;
2. Pick up at the Pot Hole storage yard all necessary materials and
transport them to the project site, remove from the NATIONAL FOREST,
and dispose (disposal site) of all construction debris and
unserviceable materials resulting from this project.
3. Keep an itemized record of costs incurred in meeting the terms of
Clause A, and provide the FOREST SERVICE with a statement of those
costs upon completion of the project.
B. The FOREST SERVICE will:
1. Furnish the following supplies and material: spring head box
materials, pipelines, junction boxes, valves, water troughs, framing
timbers, posts, poles, bolts, spikes, mails, and other necessary minor
hardware items; make them available at the Pot Hole yard.
1/ See FSM 2241.31
2241.33 - Collection Agreements
Exhibit 02 may be used to document collection agreements. Normally,
collection agreements need not be developed as permit modifications.
However, it is conceivable that a joint venture improvement agreement
may be entered into where the permittee may deposit funds with the
Forest Service and also participate in the construction. In this case,
a permit modification, as provided for in FSM 2241.31, is appropriate.
2241.33 - Exhibit 02
COLLECTION AGREEMENT
FOR RANGE IMPROVEMENT WORK
THIS AGREEMENT, made and entered into by and between Joe Goodly ,
hereinafter referred to as the PERMITTEE, and the Forest Supervisor,
Hurrah National Forest, hereinafter referred to as the SERVICE, UNDER
THE AUTHORITY OF THE ACT OF JUNE 30, 1914 (16 USC 498), and 36 CFR
222.9.
WITNESSETH:
WHEREAS, it is the responsibility of the SERVICE to protect,
administer, and improve National Forest range lands, and
WHEREAS, the PERMITTEE has a permit to graze livestock on the Hurrah
National Forest, and
WHEREAS, the PERMITTEE has requested the SERVICE to construct,
develop, or otherwise improve the National Forest range lands used by
the PERMITTEE as described below:
(Describe work and location)
Prescribe burn 500 acres on the Cloradale Sagebrush Flat.
.
.
NOW, THEREFORE, in consideration of the premises, the parties agree as
follows:
A. The Permittee will:
1. Make advance payment, as requested by the SERVICE, in the amount of
$ 1,000 to be deposited in the Forest Service Cooperative Work Fund,
which sum is to be expended for work described above.
2. Furnish the following materials:
2241.33 - Exhibit 02--Continued
(List)
D-8 Cat .
.
.
B The SERVICE will:
1. Perform the work described above to the extent that funds have been
deposited in advance by the PERMITTEE.
2. Procure supplies and materials necessary in the construction/
development or other improvement previously specified.
3. Furnish all supervisions, inspections, and administrations
generated by this agreement.
(List)
N/A .
.
.
C. NOW, THEREFORE, it is mutually agreed as follows:
1. Work covered by this agreement shall begin with one months/days of
the agreement and be completed not later than November 2003 .
2. The parties hereto have mutually agreed upon methods and standards
of construction and upon the plans for such construction. Define -
example: Three wire fences per plan R4-RM1 and plan R4-RM2).
3. The range improvement constructed or work performed at PERMITTEE's
expense shall not entitle the PERMITTEE to any share or interest in
the said improvements or land other than the right to use such land or
improvement(s) under the terms specified by the SERVICE. All
improvements shall be and remain the property of the United States.
4.
The terms of this agreement will not take precedence over the
terms of the PERMITTEE's grazing permit.
2241.33 - Exhibit 02--Continued
5. Maintenance of the range improvement or structure covered under
this agreement shall be assigned to the PERMITTEE and entered in the
grazing permit upon completion of the work.
6. The 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.
7. This agreement may be terminated upon 30 days written notice by one
party to the other.
8. Nothing herein shall be construed as obligating the SERVICE to or
as involving the United States in any contract or other obligation for
future payment of money in excess of appropriation authorization by
law and administratively allocated for this work.
9. 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 there from; but this provision shall not be
construed to extend to this agreement if made with a corporation for
its general benefit.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as
of the last date written below.
9/20/02
Joe Goodly
Date
PERMITTEE or Authorized Agent
9/20/02
Harry Sample
Date
PERMITTEE of Authorized Agent
Hurrah National Forest
2242 - STRUCTURAL RANGE IMPROVEMENTS
====================================
2242.03 – Policy
The Regional structural improvement specifications are found in the
following three structural improvement handbooks:
1. Facilities for Handling, Sheltering, and Trailing Livestock.
8724-2809, September 1987. $5.
2. Fences. 8824-2803, July 1988. $12.50.
3. Facilities for Watering Livestock and Wildlife. MTDC 89-1, January
1989. $6.
4. Specifications for Structural Range Improvements. $7.
These volumes can be ordered from: Society for Range Management, 445
Union Blvd., Suite 230, Lakewood, Colorado 80228-1259.
2243 - NONSTRUCTURAL RANGE IMPROVEMENTS
=======================================
2243.03 – Policy
For vegetation manipulation projects, site productivity is the key
element to determine possible treatment sites and treatment
methodology.
1. Use site productivity in feasibility and site determination in the
selection of nonstructural range improvement projects and in priority
treatment determinations.
2. Complete the retreatment backlog on areas used for livestock
production before new areas are treated.
3. Retreatment of projects should take place while the desirable
vegetation density is at a point that reseeding is not necessary.
4. Integrate projects with other resources on the area as called for
in the Forest Plan.
5. Vegetative manipulation must consider all aspects of the problem.
Develop the prescription through an interdisciplinary approach with
priority given to having a hydrologist, soil scientist, wildlife
biologist, archeologist, and range conservationist, along with other
disciplines, as needed, working together in the field to obtain an
optimum combination of benefits.
2243.33 - Insect and Disease Management
2243.33b – Cooperation
Forest Supervisors should contact the Animal and Plant Health
Inspection Service, USDA, when range insect investigations or controls
are desired. State offices are located at the following addresses:
IDAHO NEVADA
856 Blue Lakes Blvd. N. 946 Idaho Street
Box 67 Box 191
Twin Falls, ID 83301 Elko, NV 89801
Phone - (208) 733-5119 Phone - (702) 738-3636
UTAH WYOMING
1750 South Redwood Road 2120 Capital Avenue
Room 171 Box 825
Salt Lake City, UT 84104 Cheyenne, WY 82001
Phone - (801) 524-5076 Phone - (307) 778-2186
A control project, which extends into or is entirely within a
Wilderness or Primitive Area, must be submitted to the Regional
Forester for approval (FSM 2324.04b).
2244 - MAINTENANCE OF IMPROVEMENTS
==================================
2244.03 – Policy
1. The livestock permittee making use of the improvements is
responsible for maintenance of structural range improvements.
Responsibility for maintenance should not include those facilities
installed for purposes other than management of permitted livestock
(see item 3 below).
2. Structural range improvement designs and specifications are
contained in the four handbooks listed in R-4 text 2242.03 and shall
be used as a guide in maintenance of structural improvements. The
condition level to which improvements should be maintained will vary
depending on the location, purpose, and the number of years the
improvement is expected to be needed. Most improvements will be needed
indefinitely and should be periodically maintained at a level that
will fully serve the intended purpose and perpetuate their life. Post,
poles, and other timber products grown on National Forest System lands
may be obtained free of charge subject to regulations and
instructions.
Where the condition of needed facilities has depreciated substantially
below the desired level, consider replacement as new construction.
Scheduling for upgrading facilities will normally have priority over
construction of other new improvements as follows.
Where the permittee has responsibility for improvement maintenance and
a lack of maintenance has resulted in an unsatisfactory condition,
take action against the permit for non-compliance with the General
Terms and Conditions of Part 2-(i) of the Term Grazing Permit.
When the condition of a facility is to be upgraded under the context
of maintenance, the District Ranger and the permittee should develop
an improvement schedule. This schedule shall be a part of the
allotment management plan and should specifically point out the extent
of participation by the permittee and the Government. In some cases,
the condition of an improvement is partially or wholly so poor that
maintenance is no longer practical. In these cases, the structure
should be partially or totally disposed of and, if not replaced with
new construction, deleted from the range improvement inventory record.
Replacement is handled as new construction making use of permit
modifications as in FSM 2241.31.
3. Permittees' responsibility for maintenance should not include those
facilities installed for purposes other than for management of
livestock.
Examples of non-livestock facilities include study enclosures,
campground fences, wildlife guzzlers, plantation fences, and
administrative improvements. Maintenance of cattle guards, bridges,
and right-of-way fences on Forest Development roads shall be with
Forest Road and Trail Funds (see FSM 6513.22b and FSM 2242). Forest
Supervisors should ensure that Forest Service responsibility for
maintenance is carried out in a quality and timely manner setting an
example for permittees to follow.