RD Instruction 2000-Z


PART 2000 - GENERAL

SUBPART Z - MEMORANDUM OF UNDERSTANDING BETWEEN THE BUREAU OF LAND MANAGEMENT 
AND THE FARMERS HOME ADMINISTRATION

2000.1251  General.

	The Farmers Home Administration (FmHA) has entered into a Memorandum of 
Understanding with the Bureau of Land Management (BLM).  The memorandum 
provides for cooperation, to the extent possible, in the use of the agencies' 
authorities to assist rural communities in obtaining land for housing and 
public facilities and services to meet the needs caused by energy development 
activities in areas impact by increased coal or uranium development 
activities.  The memorandum is attached as Exhibit A.

2000.1252  Authorities.

	The authorities for the respective agencies are cited in the memorandum.

2000.1253  Coordination.

	Personnel of the Farmers Home Administration and Bureau of Land 
Management must coordinate the implementation of this memorandum at the 
National and State levels.

2000.1254 - 2000.1300  [Reserved]

Attachment:  Exhibit A




oOo










__________________________________________________________________________
Distribution:  W, S, D, C                                   Administration
                                                              General

1

(1-28-81)  PN 763


	RD Instruction 2000-Z
	Exhibit A

UNITED STATES DEPARTMENT OF AGRICULTURE
FARMERS HOME ADMINISTRATION
Washington, D.C. 20250

Memorandum of Understanding between the Bureau 
of Land Management (BLM), U.S. Department of 
Interior, and the Farmers Home Administration 
(FmHA), U.S. Department of Agriculture, pertaining 
to the use and/or disposal of Public Lands in Coal 
and Uranium Impacted Areas.

I.  PREAMBLE.  This Memorandum of Understanding sets forth the desire of FmHA 
and BLM to cooperate in use of their respective authorities, to the extent 
possible, to assist rural communities in obtaining land for housing and public 
facilities and services to meet the needs caused by energy development 
activities in areas impacted by increased coal or uranium development 
activities.

II.  AUTHORITY

	1.  Section 601 of Public Law 95-620, the Powerplant and Industrial Fuel 
Use Act of 1978, (92 Stat. 3323) authorizes the Farmers Home Administration to 
provide assistance to areas impacted by increased coal or uranium development 
activities.

	2.  Section 603 of Public Law 92-419, the Rural Development Act of 1972, 
(86 Stat. 675) authorizes the Secretary of Agriculture to provide leadership 
and coordination of rural development programs within the executive branch.

	3.  Public Law 94-57, the Federal Land Policy and Management Act of 1976, 
(90 Stat. 2743) (FLPMA), authorizes the Secretary of Interior to sell and/or 
authorize the use of a tract of Public lands (except lands in units of the 
National Wilderness Preservation Systems, National Wild and Scenic Rivers 
Systems, and National System of Trails) when the Secretary determines that the 
sale or use of the tract meets certain disposal criteria and such disposal has 
been identified through land use planning by the Secretary.  Sec. 307 of FLPMA 
is BLM's authorization to enter into this agreement.

III.  DEFINITIONS

	1.  Approved designated area can be a group of counties, a county, or a 
part of a county designated as an energy impacted area by the Governor of a 
State and approved by the Secretary of Energy.

	2.  Coal and uranium development activities is the production, 
processing, or transportation of coal or uranium.

	3.  Energy impacted area is an area where coal or uranium development 
activities have a significant impact on the socioeconomic structure of the 
area and which meets the following criteria:

(1-28-81)  PN 763


RD Instruction 2000-Z
Exhibit A
Page 2

	a.  Either employment in coal or uranium production development 
activities in the area is increased for the most recent calendar year by eight 
percent or more from the immediately preceding year, or employment in such 
activities will increase eight percent or more per year during each of the 
three calendar years after the date of such finding;

	b.  Such employment increase has required or will require substantial 
increases in housing or public facilities or services or combination of both 
in the area; and

	c.  The State and the local government or governments serving the area 
lack the financial and other resources to meet the increase in demand for 
housing or public facilities or services within a reasonable time.

	4.  Public facilities are installations open to the public and used for 
the public welfare.  This includes but is not limited to:  hospitals, clinics, 
firehouses, parks, recreation areas, sewer plants, water plants, community 
centers, libraries, city or town halls, jailhouses, courthouses, and 
schoolhouses.

	5.  Public lands means any land or interest in land owned by the United 
States within the several States and administered by the Secretary of Interior 
through the Bureau of Land Management, without regard to how the United States 
acquired ownership, except lands located on the Outer Continental Shelf and 
lands held for the benefit of Indians, Aleuts, and Eskimos.

	6.  Public services is the provision to the public of services such as 
health care, fire and police protection, recreation, etc.

	7.  Site is a plot of land which is suitable or can be made suitable for 
providing housing, public facilities, or services.

	8.  State Investment Strategy for Energy Impacted Areas is the investment 
strategy for the development of approved designated areas within a State as 
proposed by the Governor and approved by FmHA.

IV.  GENERAL GUIDELINES

	1.  The FmHA administers the Energy Impacted Area Development Assistance 
Program (Section 601) through its State and District Offices.  The primary 
contact for financial assistance under the Section 601 program is the State 
FmHA Office.  The BLM administers the public lands for purposes of this 
memorandum through its State and District Offices.  The primary contact for 
availability of "public land" is the BLM State Office.

	2.  The FmHA State Office in any state having public lands will notify 
the BLM State Office when (a) a preapplication or an application is received, 
and it is likely that public lands could be involved, and (b) when the State 
Investment Strategy for Energy Impacted Areas has been approved by FmHA.  A 
copy of said investment strategy will be provided to the BLM State Office.


	RD Instruction 2000-Z
	Exhibit A
	Page 3

	3.  FmHA and BLM will establish a liaison at both the State and National 
level and periodically coordinate their activities to:  (a) exchange detailed 
information concerning energy impact assistance; (b) define areas of 
cooperation between the two agencies; (c) assure that their programs are 
meeting the needs of energy impacted areas to the maximum extent possible; (d) 
establish new methods to serve energy impacted areas more expeditiously, (e) 
achieve maximum utilization of their respective resources; (f) effect the 
exchange of addresses of appropriate State and District Offices serving States 
with energy impacted areas; and (g) identify areas likely to be impacted by 
federal coal leasing.

	4.  The BLM State Offices will provide FmHA State Offices and Governors' 
Offices with copies of their coal related land-use plans and activity plans 
for consideration in the development of State Investment Strategies for Energy 
Impacted Areas and will alert FmHA of applications filed for major coal and 
uranium facilities.

	5.  The FmHA State Offices will provide information on their grants for 
growth management and housing planning and grants for site acquisition and 
development for housing and public facilities and services to BLM State 
Offices to be appropriately considered during energy mineral management.

V.  HOW ENERGY IMPACT ASSISTANCE IS MADE AVAILABLE

	1.  How FmHA energy impact grants for acquisition and/or development of 
land for housing and/or public facilities and services are made available:

States, councils of local government, and local governments serving 
energy impacted areas are eligible for grants after the area has been 
designated as an energy impacted area by the Governor of the appropriate 
State and that designation has been approved by the Secretary of Energy.  
Growth management plans for energy impacted areas prepared by States, 
multicounty planning districts, or localities must identify, among other 
things, specific projects for housing and/or public facilities and 
services which are needed as a result of energy development activities.  
FmHA must approve these plans.  The Governor will utilize these plans in 
preparing the State Investment Strategy for Energy Impacted Areas.  This 
State Investment Strategy will contain a list of projects to be funded 
under the Energy Impacted Area Development Assistance Program.  Projects 
will be funded by FmHA only if they are contained in an FmHA approved 
plan and are on the Governor's State Investment Strategy.

	2.  How public lands can be made available by BLM for purposes of the 
Section 601 program:

	a.  Tracts of public land may be sold to States and local governments at 
fair market value under Sec. 203 of FLPMA.  Sales may be

(1-28-81)  PN 763


RD Instruction 2000-Z
Exhibit A
Page 4

made on a non-competitive basis since the public interest would best be served 
by a direct sale.  Such sales will be for the minimum acreage needed for a 
specific project, and in conformance with BLM's land use plans.

	b.  Tracts of public lands may also be disposed of under the sale and/or 
lease provisions of the Recreation and Public Purposes Act (Act of June 14, 
1926, as amended; 44 Stat. 741; 68 Stat. 173; 43 U.S.C. 869), for recreation 
or public purposes.  Such disposal will be in conformance with BLM's land use 
plan.

	c.  Transfers of interest in public lands may also be authorized under 
the lease/permit provision of Sec. 302 of the FLPMA, if such action is in 
conformance with BLM's land use plans.

	d.  Acquisition of rights-of-way may also be authorized under Title V of 
FLPMA.

	3.  Under the authority set forth in Section 603 of the Rural Development 
Act of 1972, FmHA State Offices will convene meetings among appropriate 
Federal, State, and local agencies to coordinate and provide assistance, where 
possible, to energy impacted areas.  BLM State Offices will actively 
participate in planning for and attending these meetings in order to provide 
assistance, where possible, in these energy impacted areas.


VI.  DESCRIPTION OF ENERGY IMPACT ASSISTANCE POLICIES

	1.  The FmHA makes grants for growth management and housing planning and 
for land acquisition and development of the land for housing and public 
facilities and services in energy impacted areas.  FmHA will use the Section 
603 authority to coordinate all appropriate Federal assistance to help energy 
impacted areas in responding to the impact on rural communities caused by 
energy development activities.  FmHA has other assistance for which such areas 
may qualify programs.

	2.  The BLM will sell or otherwise make available public land needed in 
energy impacted areas, wherever possible, to State or local governments for 
use for housing and/or public facilities and services.  Such disposal will be 
in conformance with BLM's land use plans and criteria for disposal which have 
been legally established.

VII.  ADMINISTRATIVE GUIDELINES

	1.  The services of FmHA and BLM to applicants and others in the energy 
impacted areas, as set forth herein, are by mutual agreement services that 
each agency would provide in the normal course of business, and there will be 
no reimbursement by either agency to the other for such services.


	RD Instruction 2000-Z
	Exhibit A
	Page 5
	

	2.  The National Office of FmHA and the National Office of BLM will 
cooperate in counseling their field offices and in resolving problems in 
specific cases.

	3.  This Memorandum of Understanding in no way alters or supersedes any 
existing memorandums between the two agencies.

	4.  This agreement may be amended at any time by written agreement of 
both parties.

	5.  This agreement can be cancelled after proper notice by either agency 
head.

	6.  A joint review of cooperation under this agreement will be made at 
the National Office level annually.

	7.  All BLM land planning, examination, and disposal activities will be 
subject to available manpower and appropriation.  All FmHA activities under 
this memorandum will also be subject to available manpower and appropriation.

	8.  This agreement shall take effect upon the date of execution thereof.







/s/ Ed Hartey for                        /s/s

FRANK GREGG                              GORDON CAVANAUGH
Director                                 Administrator
Bureau of Land Management                Farmers Home Administration

        1/13/81	1/8/81
Date: _______________________            Date:_____________________



oOo





(1-28-81)  PN 763

	RD Instruction 2000-Z


PART 2000 - GENERAL

SUBPART Z - MEMORANDUM OF UNDERSTANDING BETWEEN THE BUREAU OF LAND MANAGEMENT AND RURAL DEVELOPMENT

2000.1251  General.

	Rural Development has entered into a Memorandum of Understanding with the Bureau of Land Management (BLM).  The memorandum provides for cooperation, to the extent possible, in the use of the agencies' authorities to assist rural communities in obtaining land for housing and public facilities and services to meet the needs caused by energy development activities in areas impact by increased coal or uranium development activities.  The memorandum is attached as Exhibit A.

2000.1252  Authorities.

	The authorities for the respective agencies are cited in the memorandum.

2000.1253  Coordination.

	Personnel of Rural Development and Bureau of Land Management must coordinate the implementation of this memorandum at the National and State levels.

2000.1254 - 2000.1300  [Reserved]

Attachment:  Exhibit A




oOo










__________________________________________________________________________
Distribution:  W, S, D, C                                   Administration
                                                              General

1

(1-28-81)  PN 763

	RD Instruction 2000-Z
	Exhibit A

UNITED STATES DEPARTMENT OF AGRICULTURE
RURAL DEVELOPMENT
Washington, D.C. 20250

Memorandum of Understanding between the Bureau 
of Land Management (BLM), U.S. Department of 
Interior, and Rural Development,
U.S. Department of Agriculture, pertaining 
to the use and/or disposal of Public Lands in Coal 
and Uranium Impacted Areas.

I.  PREAMBLE.  This Memorandum of Understanding sets forth the desire of Rural Development and BLM to cooperate in use of their respective authorities, to the extent possible, to assist rural communities in obtaining land for housing and public facilities and services to meet the needs caused by energy development activities in areas impacted by increased coal or uranium development activities.

II.  AUTHORITY

	1.  Section 601 of Public Law 95-620, the Powerplant and Industrial Fuel Use Act of 1978, (92 Stat. 3323) authorizes the Farmers Home Administration to provide assistance to areas impacted by increased coal or uranium development activities.

	2.  Section 603 of Public Law 92-419, the FmHA Act of 1972, (86 Stat. 675) authorizes the Secretary of Agriculture to provide leadership and coordination of rural development programs within the executive branch.

	3.  Public Law 94-57, the Federal Land Policy and Management Act of 1976, (90 Stat. 2743) (FLPMA), authorizes the Secretary of Interior to sell and/or authorize the use of a tract of Public lands (except lands in units of the National Wilderness Preservation Systems, National Wild and Scenic Rivers Systems, and National System of Trails) when the Secretary determines that the sale or use of the tract meets certain disposal criteria and such disposal has been identified through land use planning by the Secretary.  Sec. 307 of FLPMA is BLM's authorization to enter into this agreement.

III.  DEFINITIONS

	1.  Approved designated area can be a group of counties, a county, or a part of a county designated as an energy impacted area by the Governor of a State and approved by the Secretary of Energy.

	2.  Coal and uranium development activities are the production, processing, or transportation of coal or uranium.

	3.  Energy impacted area is an area where coal or uranium development activities have a significant impact on the socioeconomic structure of the area and which meets the following criteria:

(1-28-81)  PN 763

RD Instruction 2000-Z
Exhibit A
Page 2
	a.  Either employment in coal or uranium production development activities in the area is increased for the most recent calendar year by eight percent or more from the immediately preceding year, or employment in such activities will increase eight percent or more per year during each of the three calendar years after the date of such finding;

	b.  Such employment increase has required or will require substantial increases in housing or public facilities or services or combination of both in the area; and

	c.  The State and the local government or governments serving the area lack the financial and other resources to meet the increase in demand for housing or public facilities or services within a reasonable time.

	4.  Public facilities are installations open to the public and used for the public welfare.  This includes but is not limited to:  hospitals, clinics, firehouses, parks, recreation areas, sewer plants, water plants, community centers, libraries, city or town halls, jailhouses, courthouses, and schoolhouses.

	5.  Public lands means any land or interest in land owned by the United States within the several States and administered by the Secretary of Interior through the Bureau of Land Management, without regard to how the United States acquired ownership, except lands located on the Outer Continental Shelf and lands held for the benefit of Indians, Aleuts, and Eskimos.

	6.  Public services is the provision to the public of services such as health care, fire and police protection, recreation, etc.

	7.  Site is a plot of land which is suitable or can be made suitable for providing housing, public facilities, or services.

	8.  State Investment Strategy for Energy Impacted Areas is the investment strategy for the development of approved designated areas within a State as proposed by the Governor and approved by Rural Development.

IV.  GENERAL GUIDELINES

	1.  Rural Development administers the Energy Impacted Area Development Assistance Program (Section 601) through its State and District Offices.  The primary contact for financial assistance under the Section 601 program is the State Rural Development Office.  The BLM administers the public lands for purposes of this memorandum through its State and District Offices.  The primary contact for availability of "public land" is the BLM State Office.

	2.  The Rural Development State Office in any state having public lands will notify the BLM State Office when (a) a preapplication or an application is received, and it is likely that public lands could be involved, and (b) when the State Investment Strategy for Energy Impacted Areas has been approved by Rural Development.  A copy of said investment strategy will be provided to the BLM State Office.

	RD Instruction 2000-Z
	Exhibit A
	Page 3

	3.  Rural Development and BLM will establish a liaison at both the State and National level and periodically coordinate their activities to:  (a) exchange detailed information concerning energy impact assistance; (b) define areas of cooperation between the two agencies; (c) assure that their programs are meeting the needs of energy impacted areas to the maximum extent possible; (d) establish new methods to serve energy impacted areas more expeditiously, (e) achieve maximum utilization of their respective resources; (f) effect the exchange of addresses of appropriate State and District Offices serving States with energy impacted areas; and (g) identify areas likely to be impacted by federal coal leasing.

	4.  The BLM State Offices will provide Rural Development State Offices and Governors' Offices with copies of their coal related land-use plans and activity plans for consideration in the development of State Investment Strategies for Energy Impacted Areas and will alert Rural Development of applications filed for major coal and uranium facilities.

	5.  The Rural Development State Offices will provide information on their grants for growth management and housing planning and grants for site acquisition and development for housing and public facilities and services to BLM State Offices to be appropriately considered during energy mineral management.

V.  HOW ENERGY IMPACT ASSISTANCE IS MADE AVAILABLE

	1.  How Rural Development energy impact grants for acquisition and/or development of land for housing and/or public facilities and services are made available:

States, councils of local government, and local governments serving energy impacted areas are eligible for grants after the area has been designated as an energy impacted area by the Governor of the appropriate State and that designation has been approved by the Secretary of Energy.  Growth management plans for energy impacted areas prepared by States, multicounty planning districts, or localities must identify, among other things, specific projects for housing and/or public facilities and services which are needed as a result of energy development activities.  Rural Development must approve these plans.  The Governor will utilize these plans in preparing the State Investment Strategy for Energy Impacted Areas.  This State Investment Strategy will contain a list of projects to be funded under the Energy Impacted Area Development Assistance Program.  Projects will be funded by Rural Development only if they are contained in an Rural Development approved plan and are on the Governor's State Investment Strategy.

	2.  How public lands can be made available by BLM for purposes of the Section 601 program:

	a.  Tracts of public land may be sold to States and local governments at fair market value under Sec. 203 of FLPMA.  Sales may be

(1-28-81)  PN 763

RD Instruction 2000-Z
Exhibit A
Page 4

made on a non-competitive basis since the public interest would best be served by a direct sale.  Such sales will be for the minimum acreage needed for a specific project, and in conformance with BLM's land use plans.

	b.  Tracts of public lands may also be disposed of under the sale and/or lease provisions of the Recreation and Public Purposes Act (Act of June 14, 1926, as amended; 44 Stat. 741; 68 Stat. 173; 43 U.S.C. 869), for recreation or public purposes.  Such disposal will be in conformance with BLM's land use plan.

	c.  Transfers of interest in public lands may also be authorized under the lease/permit provision of Sec. 302 of the FLPMA, if such action is in conformance with BLM's land use plans.

	d.  Acquisition of rights-of-way may also be authorized under Title V of FLPMA.

	3.  Under the authority set forth in Section 603 of the Rural Development Act of 1972, Rural Development State Offices will convene meetings among appropriate Federal, State, and local agencies to coordinate and provide assistance, where possible, to energy impacted areas.  BLM State Offices will actively participate in planning for and attending these meetings in order to provide assistance, where possible, in these energy impacted areas.


VI.  DESCRIPTION OF ENERGY IMPACT ASSISTANCE POLICIES

	1.  The Rural Development makes grants for growth management and housing planning and for land acquisition and development of the land for housing and public facilities and services in energy impacted areas.  Rural Development will use the Section 603 authority to coordinate all appropriate Federal assistance to help energy impacted areas in responding to the impact on rural communities caused by energy development activities.  Rural Development has other assistance for which such areas may qualify programs.

	2.  The BLM will sell or otherwise make available public land needed in energy impacted areas, wherever possible, to State or local governments for use for housing and/or public facilities and services.  Such disposal will be in conformance with BLM's land use plans and criteria for disposal which have been legally established.

VII.  ADMINISTRATIVE GUIDELINES

	1.  The services of Rural Development and BLM to applicants and others in the energy impacted areas, as set forth herein, are by mutual agreement services that each agency would provide in the normal course of business, and there will be no reimbursement by either agency to the other for such services.

	RD Instruction 2000-Z
	Exhibit A
	Page 5
	

	2.  The National Office of Rural Development and the National Office of BLM will cooperate in counseling their field offices and in resolving problems in specific cases.

	3.  This Memorandum of Understanding in no way alters or supersedes any existing memorandums between the two agencies.

	4.  This agreement may be amended at any time by written agreement of both parties.

	5.  This agreement can be cancelled after proper notice by either agency head.

	6.  A joint review of cooperation under this agreement will be made at the National Office level annually.

	7.  All BLM land planning, examination, and disposal activities will be subject to available manpower and appropriation.  All Rural Development activities under this memorandum will also be subject to available manpower and appropriation.

	8.  This agreement shall take effect upon the date of execution thereof.







/s/ Ed Hartey for                        /s/s

FRANK GREGG                              GORDON CAVANAUGH
Director                                 Administrator
Bureau of Land Management                Farmers Home Administration

        1/13/81	1/8/81
Date: _______________________            Date:_____________________



oOo





(1-28-81)  PN 763