Exhibit 3, 343 FW 1,Understanding with BLM

The purpose of this Memorandum of Understanding (MOU) is to supplement the 1986 National Interagency Agreement, by establishing general funding procedures, administrative procedures, and terms and conditions for accomplishing cooperative and reimbursable cadastral surveys of U.S. Fish and Wildlife Service (FWS) administered lands in Idaho.

        A. United States Code: 43 U.S.C. 2, 434, 751, 752, 753, 766.
                                      31 U.S.C. 1535 (1982)

        B. Department Manual 757 DM 2.7.

        C. Federal Land Policy and Management Act, 43 U.S.C. 1737, 1738.

        D. Economy Act of June 30, 1932, as amended (31 U.S.C. 1535).

III.     Definitions

A. Cadastral Survey: Consists of the creation and reestablishment of public land boundaries, the subdivision of these areas and the determination of the amount of area within such surveys and the preparation of the official plat and written record of these surveys to be used in describing lands for patents, leases, or retention for Federal management purposes.

B. Administrative Survey: A survey made to identify boundary lines of ownership previously established by a cadastral survey (Federal) or property line survey executed under the laws of a State or other authorized political entity. No legal property corner monuments are established or reestablished by the administrative process.

A. FWS needs cadastral surveys to define the boundaries of the Federal lands and/or Federal Interest lands it administers. This MOU is structured to utilize the statutory authority of the Bureau of Land Management (BLM) to perform such surveys and delineate FWS's role as outlined in 16 U.S.C. 668dd, 715d, 715e, 718d, and 742b.

B. It is Department policy that all Interior bureaus and offices coordinate their cadastral surveying needs with BLM and report to BLM all actions which serve to change the official Public Land Survey System (PLSS) records (757 DM 2.7B(3)).

1. To perform administrative surveys.

2. To perform surveys relating to topographic maps, aerial photography, construction layout, structure monitoring, and similar engineering type surveys not considered as cadastral survey activities.

1. BLM will perform all surveys on a reimbursable basis.

2. BLM may authorize FWS to perform surveys.

The advantages of performing the cadastral surveys under BLM authority (Items 1. and 2. above) are: a) the surveys would be incorporated into the official PLSS records of the United States including official land status records of the United States (formerly called tract books), and b) the surveys would be considered an official government survey, defendable against challenge and protests in administrative and judicial process of the United States Government.

BLM will perform all aspects of surveys requested by FWS from start through approval and acceptance on a reimbursable cost basis. BLM will conduct surveys within agreed upon timeframes for scope of work requested when given sufficient notice to incorporate them into its authorized work program. If surveys to be conducted by BLM cannot be accomplished within FWS time limits, BLM may contract with qualified private sector contractors to perform the work. Private sector contractors will perform the work according to standards and procedures as outlined in the Manual of Surveying Instructions, 1973 (Manual), and Special Instructions issued by BLM. The contracting officer's representative (COR) must be a BLM land surveyor classified in the GS-1373 series.

1. Upon receiving a request for cadastral survey identified to be conducted by FWS, BLM will review the scope, complexity and requirements of the request, and qualifications of the FWS surveyor. BLM reserves the right to accept or reject the FWS surveyor based on experience, qualifications, and complexity of survey request, and strongly recommends that the surveyor have had completed BLM's Advanced Cadastral Survey course. After acceptance, BLM will issue Special Instructions and the necessary Assignment Instructions outlining procedures for the specific work to be accomplished. FWS will supply the personnel, equipment, transportation, and miscellaneous supplies needed to conduct the surveys. Regulation BLM Cadastral Survey monuments will be supplied by BLM and used as the official monument on all surveys conducted under BLM authority.

2. FWS is required to conduct those surveys within agreed upon timeframes according to the Manual, and provisions outlined in the Special Instructions for the individual project area specified. The FWS cadastral surveyor will submit a weekly progress report on forms supplied by BLM outlining all lines surveyed, corners found and monumented, and report all unusual conditions encountered during the course of the survey. At the completion of the field work, FWS will submit to BLM all field tablets, computation sheets, a true line sketch plat showing bearings and distances of all lines between corners, and other related supporting documentation used in conducting the survey. FWS will supply the field notes (draft form), prepared using wordprocessing software and submitted on a floppy disc, according to the format, guidelines and examples as shown in the Manual and supplied by BLM. The true line sketch plat should be prepared using AutoCad or compatible software.

3. BLM will review and examine the survey and report in writing any corrections, additions, or omissions deemed necessary to.complete the field survey work. BLM will process the field notes into final form and prepare a plat of survey. When all requirements are met, BLM will approve the survey and place it into the PLSS records and supply FWS with copies of the survey needed.

4. FWS may contract with qualified private sector contractors to do the work. Private sector contractors will perform the work according to standards and procedures as outlined in the Manual, and Special Instructions issued by BLM. The contracting officer's representative (COR) must be a FWS land surveyor classified in the 1373 series. The COR will be responsible for signing the surveyor's certificate at the end of the field notes.

H.     Referencing, removal and replacement of BLM survey corner monuments, which may be destroyed or rendered useless by FWS project construction activities, will be done in close coordination with BLM and conducted under the appropriate authority.

V.     Conditions

    A. FWS will provide the following:

1. Funding in the amount sufficient to accomplish the work requested. Funding for the office approval portion of FWS's surveyors operating under BLM authority will be provided by FWS. Funds will be obligated on an estimated cost basis and paid on an actual cost basis, i.e., costs of personnel, equipment, supplies, per diem. etc.

2. All survey requests for work identified in writing on official correspondence will be signed by an authorized official of FWS. When possible, survey requests for work planned should be submitted to BLM within 30 days after receiving approval of the fiscal year operating budget by FWS to facilitate planning and scheduling.

3. Reimbursable Work Project Authorization. BLM Form 1681-3 (supplied by BLM).

4. In applicable cases with approval of BLM, a qualified land surveyor (GS-1373) and/or survey crew personnel, transportation and equipment sufficient to perform field surveys.

5. Coordination and notification with Federal, State, local and private adjoiners or affected parties.

6. All records, correspondence, calculation, field tablets, diagrams, true line sketch plats, corner descriptions, ownership status, quadrangle maps, triangulation station record data with tie to survey corner and other related documentation supporting survey as applicable.

7. Once started, surveys should be conducted through completion in a timely manner which will enable BLM to approve the survey within 27 months following the official starting of the field survey work.

1. Qualified cadastral surveyor(s), GS-1373 series, field survey crew personnel, transportation, equipment, supplies and monuments sufficient to perform the survey work requested (as applicable), on a reimbursable cost basis.

2. Prepare Special Instructions and Assignment Instructions to the Cadastral Surveyor, whether BLM or FWS, authorizing them to conduct the specified surveys contained herein.

3. The office work required to review, examine, process and plat the field notes into final form and approve the survey placing it into Public Land Survey System (PLSS) records, on a reimbursable cost basis.

4. Microfiche and/or paper and film positive copies of survey plat and field notes to FWS upon final approval of the project in township units or less.

5. Periodic meetings, assistance and reports as needed to plan, coordinate, and administer survey projects from planning to completion.

6. Regular financial accounting reports of accomplishments on a quarterly basis for FWS's use in making payment for work performed by project.

7. All regulation USDI, BLM monuments will be used during the course of the survey. The cost of BLM monuments used in FWS's surveys will be paid by FWS as part of the reimbursable expenses. It is BLM policy to monument all corners established or reestablished and any established accessories to a corner of an official BLM Cadastral Survey with regulation BLM Cadastral Survey monuments. Any substitute monument deemed necessary for special or unusual circumstances will be requested in writing with justification to BLM for approval.

FWS will enter into individual site specific agreements with BLM to obtain approved surveys. Each agreement will include details as to scope of projects or statement of work periods, location of work, reimbursable accounting identification including dollar amounts, project coding numbers and stipulations, frequency of billings and billing procedures, authorized representatives, and contact for both FWS and BLM.
 

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Regional Director                                                                                                 State Director
 

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