> **Memorandum of Understanding**
>
> *Between*
>
> THE STATE OF WYOMING
>
> By and Through
>
> The Director of the Wyoming Office of Federal Land Policy
>
> *And The*
>
> Board of Commissioners, Big Horn County
>
> Board of Commissioners, Johnson County
>
> Board of Commissioners, Sheridan County
>
> Board of Commissioners, Washakie County
>
> Lake DeSmet Conservation District
>
> Powder River Conservation District
>
> Sheridan County Conservation District
>
> Shoshone Conservation District
>
> South Big Horn Conservation District
>
> Washakie County Conservation District
>
> Page 1 of 6
>
> **A. Parties to this Agreement**
>
> This Memorandum of Understanding (MOU) is entered into by and between
> The State of Wyoming, by and through the Office of Federal Land Policy
> (State) and the County Commissions of Big Horn, Johnson, Sheridan, and
> Washakie Counties and the Lake DeSmet, Powder River, Sheridan County,
> Shoshone, South Big Horn, and Washakie County Conservation Districts
> (Counties and Conservation Districts).
>
> **B. Purpose of this Agreement**
>
> The State of Wyoming, by and through the Director of the Wyoming
> Office of Federal Land Policy (State), and the United States
> Department of Agriculture-Forest Service, by and through the Bighorn
> National Forest Supervisor (BhNF), entered into a certain MOU, dated
> November 1,2000, to provide coordination and cooperation in conducting
> the environmental analyses and in preparing the Environmental Impact
> Statement (EIS) for the Bighorn National Forest Land and Resource
> Management Plan revision (BhNF- LRMP). The BhNF-State MOU established
> the State as a \"cooperating agency\" in the environmental analyses
> and document-writing process, and established the procedures by which
> the State will participate on the BhNF Forest Leadership Team
> (BhNF-FLT, may also be called the BhNF Plan Revision Steering
> Committee) to conduct the analyses and develop the EIS.
>
> The State-BhNF MOU established certain Counties and Conservation
> Districts as one of several designated entities who will be members of
> the State Working Team (as defined in the BhNF-State MOU, Sections.
> E-l and E-2). In conformity with the State-BhNF MOU, the purpose of
> this MOU is to provide cooperation and coordination between the State
> and the signatory Counties and Conservation Districts to enhance the
> State\'s participation in the environmental analysis and preparation
> of the BhNF Plan revision EIS. The Counties and Conservation Districts
> will assist and cooperate with the State in the State\'s effort to
> carry out all terms, conditions and provisions of the State-BhNF MOU.
> The State-BhNF MOU is attached hereto as Appendix A and is hereby made
> part of this MOU. In turn, the State will involve the Counties and
> Conservation Districts in scoping matters and all other matters
> anticipated in the development of the EIS.
>
> **C. Statement of Mutual Interests and Benefits**
>
> Both parties will benefit through increased communication, sharing of
> information, cooperation and coordination. In addition, the Counties
> and Conservation Districts will assist the State in a unified approach
> in developing and preparing sections in the EIS and/or supporting
> documents.
>
> **D. Term of this Agreement**
>
> This MOU shall commence upon the day and date last signed and executed
> by the duly authorized representatives of the parties to this MOU and
> shall remain in full force and
>
> Page 2 of 6
>
> effect until terminated. This MOU may be terminated, without cause, by
> either party upon thirty (30) days written notice, which noti\~esha11
> be delivered by hand or by certified mail.
>
> **E. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT:**
>
> 1\. **Amendments**. Either party may request changes in this MOU. Any
> changes, modifications, revisions or amendments to this MOU 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
> to this MOU.
>
> 2\. **Applicable Law**. The construction, interpretation and
> enforcement of this MOU shall be governed by the laws of the State of
> Wyoming. The courts *of* the State of Wyoming shall have jurisdiction
> over any action arising out of this MOU and over the parties, and the
> venue shall be the First Judicial District, Laramie County, Wyoming.
>
> 3\. **Entirety of Agreement**. This MOU, consisting of six (6) pages
> and Appendix A consisting of five (5) pages, 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 MOU shall not be binding upon either
> party unless this MOU has been reduced to writing before performance
> begins as described under the terms of this MOU, and unless this MOU
> is approved as to form by the Attorney General or his representative.
>
> 5\. **Severability**. Should any portion of this MOU be judicially
> determined to be illegal or unenforceable, the remainder of the MOU
> 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, by and through the
> Director of the Wyoming Office of Federal Land Policy, and the
> Counties and Conservation Districts do not waive their sovereign
> immunity by entering into this MOU, and each fully retains all
> immunities and defenses provided by law with respect to any action
> based on or occurring as a result of this MOU.
>
> 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 MOU shall not be construed so as to create such
> status. The rights, duties and obligations contained in this MOU shall
> operate only between the parties to this MOU, and shall inure solely
> to the benefit of the parties to this MOU. The provisions of this MOU
> are intended only to assist the parties in determining and performing
> their obligations under this MOU. The parties to this MOU intend and
> expressly agree that only parties signatory to this MOU shall have any
> legal or equitable right to seek to enforce this MOU, to seek any
> remedy arising out of a party\'s performance or failure to perfoffi1
> any term or condition of this MOU, or to bring an action for the
> breach of this MOU.
>
> Page 3 of 6
>
> 8\. Primary Points of Contact. The primary points of contact for
> canyin8 out the provisions of the MOU are:
>
> **[State of Wyoming]{.underline} [Sheridan and Johnson
> Counties]{.underline}**
>
> Carol Kruse John D. \'Don\' Hall
>
> Office of Federal Land Policy 76 N. Main
>
> Herschler Building, 1 West Buffalo, WY 82834
>
> Cheyenne, Wyoming 82002-0600 307-684-7555 Phone
>
> 307-777-5261 Phone 307-684-5146 Fax
>
> 307-777-3524 Fax j[ococomm@vcn.com]{.underline}
>
> <ckruse@state.wv.us>
>
> **[Washakie Countv]{.underline} [Big Horn County ]{.underline}**
>
> John Dent Keith Grant
>
> PO Box 260 1400 Road 11
>
> Wor1and, WY 82401 Lovell, WY 82431
>
> 307-347-6491 Phone 307-548-7773 Phone
>
> 307-347-9366 Fax 307-548-7521 Fax
>
> <shdent@iuno.com> [grantranch@tctwest.net]{.underline}
>
> **[Lake DeSmet and Powder River Conservation Districts]{.underline}**
>
> John D. Pearson
>
> PO Box 696
>
> Buffalo, WY 82834
>
> 307-684-9556 Phone
>
> 307-684-5972 Fax
>
> [ldcdemp@vcn.com]{.underline}
>
> **[Shoshone, South Big Horn, and Washakie Countv Conservation
> Districts]{.underline}**
>
> Earl Jensen
>
> 427 1st Ave. S
>
> Greybull, WY 82426
>
> 307-765-2067 Phone
>
> 307- 765-9243 Fax
>
> [grevhs@trib.com]{.underline}
>
> **[Sheridan County Conservation District]{.underline}**
>
> Curt Symons
>
> PO Box 2
>
> Wyamo, WY 82845
>
> 307-737-2477 Phone
>
> 307-672-0052 Fax
>
> [rogac(@.cvberhighwav.net]{.underline}
>
> Page 4 of 6
>
> **F. Signatures**
>
> In witness whereof, the parties to this MOU through their duly
> authorized representatives have executed this MOU on the days and
> dates set out below, and certify that they have read, understood, and
> agreed to the terms and conditions, of this MOU as set forth herein.
> The effective date of this MOU is the date of the signature last
> affixed to these pages.
>
> **STATE OF WYOMING,** by and through
>
> \_Art Reese\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> \_1-16-01\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Art Reese, Director Date
>
> Office of Federal Land Policy
>
> **BOARDS OF COUNTY COMMISSIONERS,** by and through
>
> \_Donald M. Russell\_\_\_\_\_\_\_\_\_\_\_
> \_12-28-00\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Donald M. Russell, Chair Date
>
> Big Horn County Board of Commissioners
>
> \_Don Hall\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> \_11-20-00\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Don Hall, Chair Date
>
> Johnson County Board of Commissioners
>
> \_Charley Whiton\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> \_11-14-00\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Charley Whiton, Chair Date
>
> Sheridan County Board of Commissioners
>
> \_Alice Lass\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> \_12-5-00\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Alice Lass, Chair Date
>
> Washakie County Board of Commissioners
>
> Page 5 of 6
>
> **CONSERVATION DISTRICTS**, by and through
>
> \_John Pearson\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> \_11-20-00\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> John Pearson, Chairman Date
>
> Lake DeSmet Conservation District
>
> \_Greg Cunningham\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> \_11-30-00\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Greg Cunningham, Chairman Date
>
> Powder River Conservation District
>
> \_Doug Masters\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> \_11-17-00\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Doug Masters, Chairman Date
>
> Sheridan County Conservation District
>
> \_Bob Martens\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> \_12-19-00\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Bob Martens, Chairman Date
>
> Shoshone Conservation District
>
> \_Linda Hamilton\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Linda Hamilton, Chairman Date
>
> South Big Horn Conservation District
>
> \_Dan Hampton\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> \_12-9-00\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Dan Hampton, Chair Date
>
> Washakie County Conservation District
>
> **WYOMING ATTORNEY GENERAL\'S OFFICE APPROVAL AS TO FORM**
>
> \_\[indecipherable name\]\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> \_11-9-00\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Assistant Attorney General Date
>
> Page 6 of 6
>
> **APPENDIX A**
>
> *Attached to and Made a part of the Memorandum of Understanding
> Between*
>
> The State of Wyoming
>
> and the
>
> Big Horn County Commission
>
> Johnson County Commission
>
> Sheridan County Commission
>
> Washakie County Commission
>
> Lake DeSmet Conservation District
>
> Powder River Conservation District
>
> Sheridan County Conservation District
>
> Shoshone Conservation District
>
> South Big Horn Conservation District
>
> Washakie County Conservation District
>
> FS Agreement No. 01-MU-II020200-002
>
> **MEMORANDUM OF UNDERSTANDING**
>
> **between**
>
> **UNITED STATES DEPARTMENT OF AGRICULTURE, FOREST SERVICE,**
>
> **BIGHORN NATIONAL FOREST**
>
> **and**
>
> **THE STATE OF WYOMING**
>
> This Memorandum of Understanding (MOU) is hereby entered into by and
> between the USDA Forest Service, Bighorn National Forest (Forest
> Service) and the State of Wyoming, by and through the Office of
> Federal Land Policy (State).
>
> **A. PURPOSE**
>
> This MOU is established to provide cooperation and coordination
> between the parties during revision of the Bighorn National Forest
> Land and Resource Management Plan (Forest Plan). This agreement
> establishes the State of Wyoming as a cooperating agency in this
> revision process.
>
> In particular the Forest Service, as lead agency, has asked the State
> for assistance in the areas of social assessment, economics, and
> wildlife management. The State has special expertise in each of these
> areas. Information provided by the State will be used in the forest
> planning process.
>
> **B. AUTHORITY**
>
> This agreement is subject to 40 Code of Federal Regulations, Parts
> 1500 -1508 implementing the procedural provisions of the National
> Environmental Policy Act and Forest Service Handbook 1909.15. The
> State is authorized to enter into this MOU pursuant to Wyoming Statute
> 9-1-207, Wyoming Statute 9-1-209 and Executive Order 95-1.
>
> **C. STATEMENT OF MUTUAL INTERESTS AND BENEFITS.**
>
> Both parties will benefit through increased communication, sharing of
> information, cooperation and coordination. Information and expertise
> provided by the State will be used to develop alternatives for the
> Revised Forest Plan. In addition, the State as a cooperating agency,
> will assist in preparing sections in the environmental impact
> statement and/or supporting documents.
>
> **D. THE FOREST SERVICE SHALL:**
>
> 1\. Fully utilize the data and assessments provided by the State as
> baseline information, and utilize State assistance in developing
> alternatives and addressing environmental effects associated with the
> alternatives.
>
> 1
>
> FS Agreement No. 01-MU-II020200-002
>
> 2\. Provide the State with a schedule of all Bighorn. Forest Plan
> Revision Steering Committee meetings.
>
> 3\. Provide information and drafts that require input or review to the
> State with .adequate time for analysis.
>
> 4\. Be the lead agency for the project.
>
> **E. THE STATE OF WYOMING SHALL:**
>
> 1\. Designate liaisons from the specific State agencies and other
> State institutions who will provide information and specia1 expertise,
> and will assist in interpreting and analyzing impacts with respect to
> each agency\'s area of expertise. Those agencies and their authority
> to participate include, but are not limited to:

-   Office of Federal Land Policy, W.S. \* 9-1-207 and Exec. Order 95-1

-   Wyoming Game and Fish Department, W.S. \* 23-1-302

-   University of Wyoming, W.S. \* 21-17-113

> The Forest Service recognizes delegation of authority as required by
> the Federal Advisory Committee Act (FACA) as amended by Section 204 of
> Public Law 104-4, Unfunded Mandates Reform Act of 1995 (2 U.S.C.
> Section 1534(b».
>
> 2\. Recognize the following State agencies as having resources and
> information which may be utilized by the entities named in clause
> E.l., in order to fulfill their designated roles in this MOU. Those
> agencies include:

-   Wyoming Department of Environmental Quality

-   Wyoming State Engineers Office

-   Wyoming State Geological Survey

-   Wyoming Department of Agriculture

-   Oil and Gas Conservation Commission

-   Wyoming Parks and Cultural Resources Commission

-   Office of State Lands and Investments

-   Wyoming Business Council

-   Wyoming Department of Transportation

-   Board of County Commissioners, Big Horn County

-   Board of County Commissioners, Johnson County

-   Board of County Commissioners, Sheridan County

-   Board of County Commissioners, Washakie County

-   Lake DeSmet Conservation District

-   Powder River Conservation District

-   Sheridan County Conservation District

-   Shoshone Conservation District

-   South Big Horn Conservation District

-   Washakie County Conservation District

> 2
>
> FS Agreement No. 01-MU-II020200-002
>
> 3\. Through the Office of Federal Land Policy, provide a principal
> investigator to collect data for and write a social assessment of the
> relationship between the Bighorn National Forest and adjacent
> communities directly or indirectly affected by Forest Service planning
> decisions. The social assessment will include a community profile for
> each community. The profile shall discuss (1) the community as a
> whole, (2) the community\'s relationship to forest resources and,
> public lands, and (3) the community\'s interrelationship to the
> national forests, including understanding of National Forest policies.
> In addition, the profiles should utilize community data already
> collected by the Forest Service.
>
> Based on this social assessment, the State of Wyoming will also
> provide a social effects analysis for all alternatives developed in
> the environmental impact statement (EIS), both Draft and Final. This
> social assessment will be considered in conjunction with the economic
> assessment, and will form the bulk of the social environment section
> in the EIS.
>
> 4\. As part of the forest planning process as described at 36 Code of
> Federal Regulations 219.19(a)(6), the Wyoming Game and Fish Department
> will provide any available population data and map\~ for Management
> Indicator Species (MIS) selected for the Revised F9rest Plan. Updated
> population data will also be provided at intervals in the future as
> part of ongoing monitoring of the Revised Forest Plan. Population data
> and maps will also be provided for threatened, endangered, and Forest
> Service sensitive species, as available.
>
> The Wyoming Game and Fish Department will assist in developing and
> assessing planning strategies and identifying impacts and alternatives
> to those portions of the Revised Forest Plan that have the potential
> to impact fish, wildlife or their habitats.
>
> 5\. The parties recognize that the Wyoming Department of Environmental
> Quality has been designated as the primary agency responsible for air
> and water quality in Wyoming.
>
> 6\. Be identified as a cooperating agency for the project.
>
> F. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT:
>
> 1\. **TERMINATION.** Either party(s), in writing, may terminate the
> instrument in whole, or in part, at any time before the date of
> expiration.
>
> 2\. **PARTICIPATION IN SIMILAR ACTIVITIES**. This instrument in no way
> restricts the Forest Service or the State from participating in
> similar activities with other public or private agencies,
> organizations, and individuals.
>
> 3\. **ADMINISTRATIVE.** Nothing in this MOU will be construed to alter
> the legal rights and remedies that each party would otherwise have.
>
> 3
>
> FS Agreement No. 01-MU-11020200-002
>
> Nothing in this MOU will be construed to extend jurisdiction or
> decision-making authority to either party to this MOU, beyond that
> which exits under current law, regulations, or ordinances.
>
> Nothing in this MOU will be construed as limiting or affecting the
> authority or legal responsible of any party, or as binding any party
> to perform beyond the responsive authority of each, or to require them
> to assume or expend any sum in excess of appropriation available.
>
> The provisions of this MOU are object to the laws and regulations of
> the State of Wyoming, the laws of the United States, and fuel
> regulations off the Secretary of Agriculture.
>
> 4\. **SOVEREIGN IMMUNITY**. The State of Wyoming and the Forest
> Service do not waive their sovereign immunity by entering into this
> MOU, and each fully retains all immunities and defenses provided by
> law with respect to any action based on or occurring as a result of
> this MOU.
>
> 5\. **ENTIRETY OF AGREEMENT**. This MOU, consisting of five (5) pages,
> represents the entire and integrated agreement between the parties and
> supersedes all prior negotiations, representations and agreements,
> whether written or oral.
>
> 6\. **SEVERABILITY.** Should any portion of this MOU be judicially
> determined to be illegal or unenforceable, the remainder of the MOU
> shall continue in full force and effect, and eit1ler party may
> renegotiate the terms affected by the severance.
>
> 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 MOU shall not be construed so as to create such
> status. The rights, duties and obligations contained in this MOU shall
> operate only between the parties to this MOU, and shall inure solely
> to the benefit of the parties to this MOU. The provisions of this MOU
> are intended only to assist the parties in determining and performing
> their obligations under this MOU. The parties to this MOU intend and
> expressly agree that only parties signatory to this MOU shall have any
> legal or equitable right to seek to enforce this MOU, to seek any
> remedy arising out of a party\'s performance or failure to perform any
> term or condition of this MOU, or to bring an action for the breach of
> this MOU.
>
> 8\. **MODIFICATION.** Changes within the scope of this instrument
> shall be made by the issuance of a bilaterally executed modification.
>
> 9\. **FREEDOM OF INFORMATION ACT (FOIA).** Any information furnished
> to the Forest Service under this instrument is subject to the Freedom
> of Information Act (5 U.S.C. 552).
>
> 10\. **NON-FUND OBLIGATING DOCUMENT.** This instrument is neither a
> fiscal nor a funds obligation document. Any endeavor or transfer of
> anything of value involving reimbursement or contribution of funds
> between the parties to this
>
> 4
>
> FS Agreement No. 01-MU-II020200-002
>
> 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
> instrument does not establish authority for noncompetitive award to
> the cooperator of any contract or other agreement. Any contract or
> agreement for training or other services must fully comply with all
> applicable requirements for competition.
>
> 11\. **PRINCIPAL CONTACTS**. The principal contacts for this
> instrument are:
>
> Joel Strong Art Reese
>
> USDA, Forest Service State of Wyoming
>
> Bighorn National Forest Office of Federal Land Policy
>
> 2013 East Side 2nd St. Herschler Building
>
> Sheridan, Wyoming 82801 Cheyenne, Wyoming 82002
>
> \(307\) 674-2600 (307) 777-7331
>
> 12\. **COMPLETION DATE**. This instrument is executed as of the date
> of the last signature and, unless sooner terminated, is effective
> through December 31, 2005 at wInch time it will expire unless renewed.
>
> **THE PARTIES HERETO** have executed this agreement.
>
> **OFFICE OF STATE LANDS & INVESTMENTS**
>
> \_Art
> Reese\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_10-31-00\_\_\_\_\_\_\_\_\_\_\_
>
> ART REESE Date
>
> Director
>
> Office of Federal Land Policy
>
> ATTORNEY GENERAL\'S OFFICE APPROVAL AS TO FORM
>
> \_\[indecipherable
> signature\]\_\_\_\_\_\_10-31-00\_\_\_\_\_\_\_\_\_\_\_
>
> Assistant Attorney General Date
>
> **USDA FOREST SERVICE**
>
> \_William T.
> Bass\_\_\_\_\_\_\_\_\_\_\_\_\_\_11-7-00\_\_\_\_\_\_\_\_\_\_\_\_
>
> WILLIAM T. BASS Date
>
> Forest Supervisor
>
> Bighorn National Forest
>
> The authority and format of this instrument have been reviewed and
> approved for signature.
>
> \_Margot Braylon
> Gray\_\_\_\_\_\_\_\_\_10-29-00\_\_\_\_\_\_\_\_\_\_\_\_
>
> FS Agreements Coordinator Date
>
> 5