November, 1998

between the Montana State University, Bozeman and Billings Campuses and the Gallatin and Custer National Forests

This Memorandum of Understanding (MOU) is made and entered into by and between the Montana State University, Bozeman and Billings campuses, hereinafter referred to as "MSU", and the United States Forest Service, Gallatin and Custer National Forests, hereinafter referred to as the "Forest Service".

The purpose of this MOU is to establish a general framework to foster communication and cooperation between MSU and the Forest Service that will facilitate and promote MSU's sanctioned uses of Gallatin and Custer National Forest lands and facilities. This MOU sets forth each party's respective roles and responsibilities for planning and authorizing MSU's uses of National Forest System lands (NFS lands).

MSU desires to use Gallatin and Custer (Beartooth Ranger District) National Forest lands and facilities for sanctioned Educational, Research and Recreational activities that further MSU's mission. MSU's activities also complement the Forest Service mission by providing opportunities for academic institutions to utilize NFS lands and promoting mutually beneficial multiple use education and research on NFS lands.

The specific goals shared by MSU and the Forest Service are:

A.    To clearly define Forest Service policies and procedures for authorizing MSU's use of NFS lands and facilities.

B.    To establish and operate within an efficient, "user-friendly" cooperative process that authorizes MSU's activities on the Gallatin and Custer National Forests.

220.00 Statement of Mutual Benefits And Interests

MSU's faculty and staff desire to conduct a variety of educational, interpretive, research, recreational and related activities, often with student classes or other university groups, that utilize the lands, natural resources and/or facilities of the Gallatin and Custer National Forests.

The Forest Service is the federal agency responsible for management and protection of the lands, natural resources and facilities on the Gallatin and Custer National Forests. Under federal regulation and agency policy, certain categories of activities conducted on NFS lands must be authorized in advance. Other activities do NOT require any Forest Service authorization. All categories of use are described herein.

230.00 Categories of Use

There are three general categories of use of National Forest System lands.

Category A - Institutional Outfitting and Guiding

When MSU provides services (including educational, interpretive, recreational), supplies (e.g. food, tents, equipment) and/or assistance (e.g. supervision, transportation), the Forest Service considers these activities to be "institutional outfitting and guiding".

Under this general category, for the purposes of billing and reporting use, there are two sub categories of activities:

A1: All educational activities which are credited towards attaining a degree (generally recurring scheduled coursework).

A2: Recreation activities or short courses where no credit toward degree pursuit is given, sponsored by ASMSU, Student Health Services, Museum of the Rockies, etc.

Prior to conducting these Category A activities on NFS lands, MSU must receive written authorization from the Forest Service by an Annual Outfitting and Guiding Temporary Special Use Permit (FS-2700-25c) which will be issued by the Forest Supervisor for the Gallatin National Forest, for both the Custer and Gallatin National Forests.

Category B - Other "Special Uses"

When MSU conducts activities not in Category A, which involve ground disturbance, natural resource consumption (e.g. cutting trees, removing artifacts), and/or development or occupancy of a site (e.g. weather stations, stream monitoring stations, communication sites, and structures such as the "M"), the Forest Service considers these activities to be "Special Uses".

Prior to conducting these Category B uses on NFS lands, MSU must receive written authorization from the Forest Service by an Individual Special Use Permit (FS-2700-4, or FS-2700-25) which will be issued by the Gallatin or Custer National Forest District Ranger where the use is occurring, on a case by case basis.

Category C - Individual Student Uses

When individual students perform activities, whether class related or recreational, (e.g. hiking, photography) that are not ground disturbing nor resource consumptive, and do not involve the development or occupancy of a site, and are noncommercial, such activities do NOT require any Forest Service authorization.

240.00 Application Process

It is mutually beneficial to the parties to clarify the process whereby MSU's proposed activities can be reviewed by the Forest Service and authorized, when appropriate, through the issuance of special use permits.

MSU Shall:

1. Designate a liaison to: serve as primary contact with the Forest Service, prepare any application(s) for special use permits, and coordinate any follow-up activities that may be necessary to fulfill the purposes of this MOU.

2. Annually complete and submit to the Forest Service, a special use application form FS-2700- 3 (Exhibit A) for all proposed Category A - Outfitting and Guiding use on NFSL. The application shall be submitted directly to the Recreation Staff Assistant (the Forest Service contact listed in item V- 1) by August 15 for all activities for the fall semester, and by January 30 for the spring semester and May 15 for summer session of the current school year. The application shall contain operating plans and itineraries for each semester of all trips proposed, using the information outlined in Exhibit B.

3. Submit modification requests to the approved Category AI (classroom activities) semester operating plan and itinerary to the Recreation Staff Assistant at least 10 days in advance of the proposed use. Such requests for modifications must contain the same information described in Exhibit B. Submit modification requests to the approved semester itinerary for Category A2 activities at least 20 working days in advance of the proposed use.

4. Submit for consideration special use application(s) form FS 2700-3 for Category B special use activities on NFSL (not identified as outfitting and guiding) at least 20 working days in advance of requested use. Applications shall be submitted directly to the appropriate District Ranger (Exhibit C).

5. Comply with all terms and conditions of any permits issued.

6. Submit actual use report (Exhibit D) for the permitted period within 20 working days of the termination of the outfitter and guide permit for all Category A2 activities.

Forest Service Shall:

1. Review the MSU Category A outfitter and guide application for use to determine, by activity, if.

A. The uses qualify for an outfitter and guide permit.

B. Modifications (such as time, location, number of participants) are needed to qualify for an outfitter and guide permit.

C. Additional information is needed from MSU to make a determination.

D. The activity is appropriate on NFSL.

2. Decide if the Category A proposed activities may be authorized under an Outfitter and Guide special use permit(s). The decision will be subject, but not limited, to the following criteria: the activities are within each District's set aside limits for outfitter recreational use, MSU's performance rating is acceptable or better, the use does not result in capacity conflicts, there are no conflicts with standards and guidelines as established in the forest plan or other analysis (this may vary from district to district and with specific resource concerns), the use will not result in unacceptable resource degradation, and the use complies with laws and regulations.

3. Authorize MSU sponsored educational activities under an Outfitter and Guide Permit, unless specified otherwise by the authorized officer. The Forest Service shall notify the MSU liaison if a requested use is denied, or needs to be modified to be accommodated, in a timely way. All reasonable efforts will be made to accommodate requests for academic uses.

4. Annually issue a single Forest-wide Outfitter and Guide Permit to MSU authorizing those qualifying activities for Category A activities.

5. District Rangers will consider individual requests for Category B types of activities. Site specific analysis will be made to determine the effects resulting from the proposed activity and whether those effects are acceptable, and in compliance with appropriate laws and regulations. District Rangers will issue special use permits for qualifying Category B activities on NFSL.

250.00 It is Mutually Agreed And Understood By And Between The Parties That:

1. The principal contacts for this instrument are:

2. Both parties will make themselves available at mutually agreeable times, for implementation of this MOU and agree to actions essential to fulfill its purposes. At a minimum the parties will arrange for an annual meeting September to jointly review the required annual operating plan.

3. MSU will share information with the Forest Service (such as research findings or recreational use information) that may be pertinent to NFSL management.

4. The permit (s) is subject to additional terms and conditions depending upon the type and complexity of the proposed activity including, but not limited to, those items identified in Exhibit E.

5. In some instances, 20 working days may not be adequate lead time to complete and document the necessary analysis, to formulate a decision, and to prepare a permit authorizing the re- quested use. To avoid this scenario, it is incumbent upon MSU to submit requests in a timely manner and if possible, allow flexibility in the time and location of proposed activities.

6. Decisions made by the Forest Service denying any activity proposed by MSU are not subject to appeal.

7. Nothing in this MOU shall be construed as:

A. Solicitation of an application for special use permit in response to a prospectus issued by the Forest Service.

B. An authorization to conduct any activity on NFSL or committing to the authorization of a similar activity in subsequent years.

8. This MOU is neither a fiscal nor a funds obligation document. Any endeavor involving reimbursement or contribution of funds between the parties to this instrument will be handled in accordance with applicable laws, regulations, and procedures including those for Government procurement and printing. Such endeavors will be outlined in separate agreements that shall be made in writing by representatives of the parties and shall be independently authorized by appropriate statutory authority. This instrument does not provide such authority. Specifically, this MOU does not establish authority for noncompetitive award to MSU of any contract or other agreement. Any contract or agreement for training or other services must fully comply with all applicable requirements for competition.

9. This MOU in no way restricts the Forest Service or MSU from participating in similar activities with other public or private agencies, organizations, and individuals.

10. Modifications within the scope of this MOU shall be made by the issuance of a bilaterally executed modification prior to any changes being performed.

11. Either party, in writing, may terminate this MOU in whole, or in part, at any time before the date of expiration.

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

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