2241.11A - Use of Range Betterment Fund

2240.3 - Policy

4. Boundary Fences. The United States is not responsible for intrusion of permitted livestock upon private lands or for the settlement of controversies between the owner of permitted livestock and the owner of the private land. Federal courts have also rendered decisions that the United States is not required to fence its lands either to protect them against unauthorized livestock or to control the livestock or to control the livestock permitted to graze (FSM 2230.6). Appropriated funds will not be used to construct boundary fences.

6. Permittee cooperation in construction of structural and accomplishment of non-structural range improvement will be encouraged with a goal of at least 50 percent permittee participation. Permittee contributions may be in deposited cash, labor, material, or a combination of resources.

Participation in the cost of improvements is not mandatory in order to use or hold a grazing permit. However, permittees should be made aware of the management alternatives and their effect on reducing, sustaining, or increasing permitted numbers, and the prospect of construction at Forest Service expense.

2241 - FINANCING RANGE IMPROVEMENTS

2241.11a - Use of Range Betterment Fund

1. When appropriated, 100 percent of the Range Betterment Funds (RBF) received by the Region will be made available to the Forest from which they were derived. Forest Supervisors must plan at a minimum 50 percent of the funds received. The remaining 50 percent, if not planned through the budget process, may be allocated to other Forests on a Regional priority basis.

2241.13 - Range Activities Approved For Sale Area Improvement

The following are types of improvements that may be constructed with Knudsen-Vandenburg (K-V) funds. The list is not all inclusive, but will serve as a guide to the kinds of improvements that should be considered.

1. Construction of division or boundary fences when timber stands that previously provided livestock controls are harvested.

2. Construction of water developments to maintain livestock use or to use forage made available after timber harvest.

3. Seeding of forage species to provide forage for livestock and wildlife.

4. Noxious farm weed control.

2241.14a – Fences

The breaching of natural barriers utilized and needed to contain livestock will be replaced. The activity causing the breach will fund the replacement.

The person responsible for range management must be involved in the first stages of planning for any activity, which may breach a natural barrier. Early involvement will provide for coordinated management as well as proper barrier replacement. The concepts in FSM 2240.2 are applicable. The function of the natural barrier and the need to replace it will be considered in the Environmental Analysis. In general, proper area and sale planning can mitigate the potential problems with the removal of natural barriers.

Some options for financing fences required to replace natural barriers are:

Timber Sale Roads – Forest Roads and Trails (FR&T) funds (6509.11g, ch. 40),

Timber Sales Areas - Benefitting appropriated funds and K-V,

K-V funds may not be available from many sales unless the fencing requirements are to protect regeneration,

Rights-of-Way - Require as condition of special use authorization,

Cost Share Agreements - Include in Plans and Specifications for Construction.

Use of these options requires early coordination and inclusion of requirements in timber sale packages, special use permits, or other permits or contracts. When the barrier replacement is a fence, the maintenance responsibility will be assigned to the grazing permittee.

2241.31 - Permit Modifications

form FS-R1-2200-14, Grazing Permit-Part 3, will be used for permit modification for construction or accomplishment of range improvements. Project specifications and layout criteria will be attached to the modification.

When the improvement is completed, the permittee's cost will be determined and an on-the-ground improvement inspection will be made. The inspecting Forest Officer will certify to the Forest Supervisor that the improvement has been completed to the standards attached to Part 3 of the permit modification. The Forest Supervisor will send a letter to the permittee accepting the improvement as completed and close the permit modification. The letter will inform the permittee that in accordance with section 5 of the Grazing Permit-part 3, Modification-Cooperative Range Improvement, form FS-R1-2200-14, the maintenance of structural improvement will be included in part 3, Responsibilities for Construction and Maintenance of Structural Improvements or for Range Rehabilitation of the Grazing Permit. The permit modification, form FS-R1-2200-14, is marked as closed and removed from the permit.

The structural improvement is added to the list of improvements for which the permittee has maintenance responsibilities.

The improvement will be shown on all allotment maps and placed in the Forest Service Range Management Information System (FSRAMIS) range improvement database. A record of the permittee's percentage costs of the improvement is recorded on the Paid Permit Card Record, forms FS-2200-8 and FS-2200-9, in the section titled, "Other Pertinent Information."

2241.33 - Collection Agreements

Form FS-R1-2200-9, Collection Agreement for Range Improvement Work, will be used when money is deposited by the permittee for construction of accomplishment of range improvements. Project specifications and layout criteria will be attached to the collection agreement.

When the project is completed, a Forest Officer will certify to the Forest Supervisor that the project has been completed to specifications attached to the collection agreement. The Forest Supervisor will inform the permittee by letter that the improvement has been completed. The letter will include those items listed in the collection agreement.

In addition, the letter will inform the permittee that in accordance with Section D-1 of the Collection Agreement for Range Improvement Work, form FS-R1-2200-9, the maintenance of the structural improvements will be included in Part 3 - Responsibilities for Construction and Maintenance of Structural Improvements or for Range Rehabilitation of the Grazing Permit.

The improvement will be shown on all allotment maps and placed in the FSRAMIS range improvement database. A record of the permittee's percentage of the cost of the improvement is recorded on Paid Permit Card Record, forms FS-2200-8 and FS-2200-9, in the section titled, "Other Pertinent Information."

2242 - STRUCTURAL RANGE IMPROVEMENTS

2242.03 – Policy

Specifications from FSH 2209.22 R-1 Structural Range Improvement Handbook will be used in the construction of structural range improvements. Specifications, layout criteria, and coordination requirements will be attached to the authorizing document for the improvement.

2243 - NONSTRUCTURAL RANGE IMPROVEMENTS

2243.33b - Cooperation

Cooperation With Animal and Plant Health Inspection Service (APHIS). Forest Supervisors will contact the APHIS, when investigations or control are desired. Branch offices are located at:

Montana

Idaho

State Fish and Game Departments will be notified when control projects are proposed and will be invited to recommend measures for wildlife protection.

2246 - RANGE IMPROVEMENT INVESTMENT

2246.03 – Policy

The Forest Supervisor will evaluate allotment projects involving capital investments using form R1-FS-2240-1, Evaluation Worksheet for Allotment Projects, exhibit 01. The evaluation will include the entire allotment project although funding of individual improvements may take a number of years.

After the evaluation, allotment projects will be ranked in descending order for priority in funding. The priority ranking will be updated as new allotment management plans are developed and ranked.

Exhibit 01

Exhibit 01 - Continued

INSTRUCTIONS

EVALUATION WORKSHEET FOR ALLOTMENT PROJECTS

Instructions for completing the Evaluation Worksheet for Allotment Projects are: