**Fire Management Memorandum of Understanding**

**Wildland Fire Use**

**General**

This Memorandum of Understanding (Agreement) is entered into by and
between the Bureau of Land Management (BLM), acting through the
\_\_\_\_\_\_\_Field Office Manager and the State of Wyoming, Board of
Land Commissioners (Board), and the surface lessees of State lands
subject to this Agreement, as described in Exhibit 2, Surface
Leaseholds.

This Agreement provides for the management of wildland fire as described
in the \_\_\_\_\_\_\_\_\_\_ Field Office Fire Management Plan on lands
owned by the BLM and the Board described below.

Other signatories to this Agreement, certifying to their review and
approval of this Agreement, are (1) the Wyoming State Forestry Division,
and (2) the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ County Fire Warden(s)
responsible for State lands subject to this Agreement.

# [Authorities]{.underline}

For the BLM: Federal Land Planning and Management Act (FLPMA) of 1976
(43USC 1737-1738).

For the State: [Wyo. Stat. Ann]{.smallcaps}. §§ 35-9-402, 36-2-108

Number range CHAPTER

**[Purpose]{.underline}**

The BLM has designated lands in the\_\_\_\_\_ Fire Management Unit (FMU)
of the \_\_\_\_\_\_\_\_\_\_\_ Field Office Fire Management Plan (FMP)
for a wide range of fire management response to naturally ignited
wildland fires and the use of prescribed fire. These can vary from
aggressive and full suppression to management of a naturally ignited
fire for resource benefit. Management of resource benefit fires takes
advantage of natural fuel barriers and topography. Protection of life
and property is the first priority for such fires. These fire management
responses collectively will be known as the "appropriate management
response" or AMR. The Board owns multiple tracts of land totaling
approximately\_\_\_\_\_\_\_ acres described in Exhibit 2 (Surface
Leaseholds) which are either surrounded by or adjacent to BLM lands
included in the \_\_\_\_\_\_\_\_\_\_\_\_ FMU, and the Board is
responsible for managing State lands.

**(The remainder of this page is intentionally left blank**)

**[It is mutually agreed as follows:.]{.underline}**

1.  The BLM will continue fire management practices as described in the
    FMU. The \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ FMU requires appropriate
    management response (AMR) to naturally ignited (lightning) wildland
    fires which may occur in the area and which may spread across
    ownership boundaries.

2.  Exhibit 1 (attached) describes the operational plan for lands
    covered under this Agreement for wildland fires that are managed for
    resource benefit.

3.  The State supports such management actions on state land based on
    the values at risk identified by the Board. These values at risk
    will be documented in the yearly meetings and will be attached to
    this agreement (See Exhibit 1, Operational Plan, paragraph 4).

4.  The undersigned have reviewed and agree with the FMP and recognize
    the environmental benefits from a wildland fire to said property.

5.  Any claims against the United States for damages resulting from any
    activity covered by this Agreement will be governed by the Federal
    Torts Claims Act.

6.  Nothing in this Agreement shall be construed as affecting the
    authorities of the parties. Nor shall this Agreement be binding
    beyond the parties' respective authorities or as requiring any party
    to obligate or expend funds.

7.  When a natural ignition occurs, notification to respective parties
    will be made as soon as possible.

> **(The remainder of this page is intentionally left blank**)

**[Key Officials]{.underline}**

1\. For the BLM:

Field Office Manager

\_\_\_\_\_\_\_\_\_\_\_ Field Office

(Insert Address,

Phone Number

and FAX Number Here)

2\. For the Board:

Director, Office of State Lands and Investments

122 West 25^th^ Street

Cheyenne, WY 82002-0600

\(307\) 777-7331

\(307\) 777-5400

3\. For Wyoming State Forestry Division

State Forester

1100 West 22^nd^ Street

Cheyenne, WY 82002

\(307\) 777-7586

\(307\) 777-5986

4\. For the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ County

County Fire Warden

(Insert Address,

Phone Number

FAX No. Here)

**[Annual Review.]{.underline}**

On an annual basis, the \_\_\_\_\_\_\_\_\_\_\_\_\_ Field Office will
review the FMP and make contact with the State Forester, to discuss any
changes in the management of wildland fire for the area adjacent to this
state land or new concerns of the Board.

**[Duration/Termination]{.underline}.**

This Agreement shall commence upon the day and date last signed and
executed by the duly authorized representatives of the parties, and
shall remain in full force and effect for five (5) years thereafter.

Should any surface lessee wish to withdraw from this agreement, they may
do so by providing written notice delivered by hand or by certified mail
to the undersigned. This agreement may be terminated by the BLM or the
Board without cause upon 30 days written notice delivered by hand or by
certified mail to the undersigned.

**[General Provisions]{.underline}**

## 

## 1. Officials not to Benefit. No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this MOU, or to any benefit that may arise therefrom.

**2**. Number range CHAPTER**Amendments.** Either party may request
changes in this Agreement. Any changes, modifications, revisions or
amendments which are mutually agreed upon by and between the parties to
this MOU shall be incorporated by written instrument, executed and
signed by all parties.

**3. Entirety of Agreement.** This Agreement, consisting of 5 pages and
its attached Exhibits 1 and 2 represents the entire and integrated
agreement between the parties and supersedes all prior negotiations,
representations and agreements, whether written or oral.

4.  **Prior Approval.** This Agreement shall not be binding upon either
    party unless this Agreement has been reduced to writing before
    performance begins as described under the terms of this Agreement,
    and unless this Agreement is approved as to form by the Wyoming
    State Attorney General or his representative.

5.  **Severability.** Should any portion of this Agreement be judicially
    determined to be illegal or unenforceable, the remainder of the
    Agreement shall continue in full force and effect, and either party
    may renegotiate the terms affected by the severance.

6.  **Sovereign Immunity.** The State of Wyoming, the Wyoming Board of
    Land Commissioners and the Office of State Lands and Investments do
    not waive sovereign immunity by the Board entering into this
    agreement, and specifically retain all immunities and defenses
    available to them as sovereigns pursuant to [Wyo. Stat]{.smallcaps}.
    § 1-39-104(a) and all other state laws with respect to any action
    based on or occurring as a result of this agreement.

7.  **Third Party Beneficiary Rights.** The parties do not intend to
    create in any other individual or entity the status of third party
    beneficiary, and this Agreement shall not be construed so as to
    create such status. The rights, duties and obligations contained in
    this Agreement shall operate only between the parties to this
    Agreement, and shall inure solely to the benefit of the parties.

8.  **Signatures.** In witness whereof, the parties to this Agreement,
    through their duly authorized representatives, have executed this
    Agreement on the days and dates set out below, and certify that they
    have read, understood, and agreed to the terms and conditions as set
    forth herein.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Date BLM \_\_\_\_\_\_\_\_\_\_Field Office Manager

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Date Secretary, Board of Land Commissioners Director, OSLI

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Date State Forester,

Wyoming State Forestry Division

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Date \_\_\_\_\_\_\_\_\_\_County Fire Warden

Attorney General Approval as to Form:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Date Susan K. Stipe

Office of State Lands and Investments' Attorney General Representative

**Exhibit 1**

**Operational Plan**

1\. There will be a yearly pre-fire season meeting between the
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ BLM Field Office and the Wyoming State
Forestry Division Representative to discuss management strategies for
the up coming fire season. Any changes in management to the state or
federal lands which would disallow wildland fire for resource benefit
(Wildland Fire Use -- WFU) or modify other Appropriate Management
Responses (AMR) will be discussed and documented.

2\. If for some reason the management of the state lands covered by this
Agreement does not allow for WFU for that year, and the BLM administered
lands are kept under the WFU\--appropriate management response strategy,
the BLM will agree to modify their tactics to keep wildland fire off the
state lands to the greatest extent practicable.

3\. The State grants permission to the BLM to access their land for WFU
planning and reconnaissance purposes.

4\. The State will identify any critical resources or property that need
to be protected at the pre-season meeting.

5\. If an ignition occurs on BLM administered lands within two miles of
the state lands, the BLM will make a good faith attempt to contact the
District Forester by phone prior to making the go-no-go decision for a
WFU.

6\. If the natural ignition occurs on the state lands, the State and the
jurisdictional fire authority will be responsible for contacting the
\_\_\_\_\_\_\_\_\_\_\_\_ BLM Field Office with their decision for fire
management strategy if the jurisdictional fire authority's resources are
first on-scene.

7\. If BLM resources are first on scene at a natural ignition fire on
the state lands, the BLM will attempt to contact the District Forester
for a decision on management strategies. If the District Forester cannot
be contacted within a reasonable timeframe, the BLM will suppress the
wildland fire.

8\. If a WFU incident approaches within two miles of the state lands,
the District Forester will be notified and input will be requested from
the District Forester for management of the fire.

**(Add additional direction as needed on a local basis)**

**Exhibit 2**

**Surface Leaseholds**

1\. Lease #(s):

Legal Description:

Name:

Address:

Phone Number:

Signature: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Note: Signature denotes concurrence with this Agreement. Not signing,
means that the leasehold land will not be considered for Wildland Fire
Use.

2\. Lease #(s):

Legal Description:

Name:

Address:

Phone Number:

Signature: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Note: Signature denotes concurrence with this Agreement. Not signing,
means that the leasehold land will not be considered for Wildland Fire
Use.

3\. Lease #(s):

Legal Description:

Name:

Address:

Phone Number:

Signature: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Note: Signature denotes concurrence with this Agreement. Not signing,
means that the leasehold land will not be considered for Wildland Fire
Use.

4\. Lease #(s):

Legal Description:

Name:

Address:

Phone Number:

Signature: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Note: Signature denotes concurrence with this Agreement. Not signing,
means that the leasehold land will not be considered for Wildland Fire
Use.

5\. Lease #(s):

Legal Description:

Name:

Address:

Phone Number:

Signature: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Note: Signature denotes concurrence with this Agreement. Not signing,
means that the leasehold land will not be considered for Wildland Fire
Use.

6\. Lease #(s):

Legal Description:

Name:

Address:

Phone Number:

Signature: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Note: Signature denotes concurrence with this Agreement. Not signing,
means that the leasehold land will not be considered for Wildland Fire
Use.

7\. Lease #(s):

Legal Description:

Name:

Address:

Phone Number:

Signature: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Note: Signature denotes concurrence with this Agreement. Not signing,
means that the leasehold land will not be considered for Wildland Fire
Use.

8\. Lease #(s):

Legal Description:

Name:

Address:

Phone Number:

Signature: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Note: Signature denotes concurrence with this Agreement. Not signing,
means that the leasehold land will not be considered for Wildland Fire
Use.

9\. Lease #(s):

Legal Description:

Name:

Address:

Phone Number:

Signature: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Note: Signature denotes concurrence with this Agreement. Not signing,
means that the leasehold land will not be considered for Wildland Fire
Use.

10\. Lease #(s):

Legal Description:

Name:

Address:

Phone Number:

Signature: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Note: Signature denotes concurrence with this Agreement. Not signing,
means that the leasehold land will not be considered for Wildland Fire
Use.

11\. Lease #(s):

Legal Description:

Name:

Address:

Phone Number:

Signature: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Note: Signature denotes concurrence with this Agreement. Not signing,
means that the leasehold land will not be considered for Wildland Fire
Use.

12\. Lease #(s):

Legal Description:

Name:

Address:

Phone Number:

Signature: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Note: Signature denotes concurrence with this Agreement. Not signing,
means that the leasehold land will not be considered for Wildland Fire
Use.

13\. Lease #(s):

Legal Description:

Name:

Address:

Phone Number:

Signature: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Note: Signature denotes concurrence with this Agreement. Not signing,
means that the leasehold land will not be considered for Wildland Fire
Use.

14\. Lease #(s):

Legal Description:

Name:

Address:

Phone Number:

Signature: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Note: Signature denotes concurrence with this Agreement. Not signing,
means that the leasehold land will not be considered for Wildland Fire
Use.

15\. Lease #(s):

Legal Description:

Name:

Address:

Phone Number:

Signature: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Note: Signature denotes concurrence with this Agreement. Not signing,
means that the leasehold land will not be considered for Wildland Fire
Use.

**Note: Add Lessee Signature Blocks as needed**