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Home My WebLink About60- Small Landowner Fire Protection Agreement ~ . . 43120 ' , {%~~) , P..../ fit...."- r_ ....Rl (Hevised March 1956) ~..?;,rCOOPERA TION - Gallatin . Bozeman, 01 ty ot 511/60 SIf1A.LL LANDOWNER FIRE PHOTECTlON AGRE~lmNT 'tHIS AGREEHENT made as of the ls.t day of ~ ' 19~, under authority of the Act of March 3, 1925 (43 Stat. 1132), as amended by Act of April 24, 1950 (64 Stat. 82j 16 USCA 572), by and between 01 ty of Bozelll8.lL........_. of Bozeman. Montana hereinafter called the Landowner, and the Forest Supervisor of the Gallatin National Forest, Region One, Forest Serv- ice, Department of Agriculture of the United States of America, hereinafter called the Forest Service for and on behalf of the United States of America, l'vITN:b:SSETH: vrnEREAS, the Landmvner owns or controls certain lar.ds within the established fire protection boundaries (as established by the State Board of Forestry or the State Forester) of the Gallatin National Forest unit and desires to deposit from time to t irne, for expenditure by the United States, as hereinafter provided, his determined share of the total cost of fire protection on all lands needing protection against fire within said protective unit, auri vvHEREAS, the Forest Service furnishes fire protection to lands needing fire protec- tion within the said unit and has determined from its records the applicable annual cost of fire protection for the immediately preceding five-~rear period wi thin the said fire protective unit, and WHEHEAS, all privately owned land needing fire protecticn within said protective unit, including the lands of the Landowner, are of such character and are so situated with reference to national forest lands that it is to the mutual advantage of the partie" hereto that they be listed with the Forest Service, for protection by the Forest Service, to the extent hereafter set forth. NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: It is understand that "fire protection" as used in this agreement means the providing of the facilities, organization, action, and maintenance. thereof necessary for pre- vention, presuppression and suppression of fires on forest and rangelands described in this agreement. As used in this agreement the cost of fire protection shall include all expense nec- essary and incidental to providing fire protection as defined hereinbefore. For purposes of this agreement "Landowner" is defined as a person or persons, whether iLdividually or a partnership or joint owners, or a corporation including without limitation the person, persons or corporation, responsible for providin:; fire protec- tion for the lands covered by this agreement. l. The Forest Service will provide fire protection for the lands described in clause :: hereof for the period covered by this agreement similar to that given by it to the ~_ands of the United State::> within said protective unit, provided, that nothing in this agreement shall relieve the Landowner, his agents, employees, contractors or employees of contractors, from responsibility for any fire which shall be the result of his or their negligent, willful or unlawful acts, conduct or operations, nor shall 0perate to prevent the United States from recovering the fire suppression expenses ir.0'J.rred for an'y such fire, as well as the amount of damage done by any such fire to tr.e lands, timber or other property of the United States, and the Landowner shall re.lrob'lrse the United. States ftlr the cost of suppression by the Forest Service of all fires "allsed by or originating in connection with the operations of the Landowner '.1pon its said lauls. , ( , -. . "\ 2. This agreement shall be in force from the date of execution hereof to June 30, 19-.60..., both dates inclusive, and if Congress shall make the necessary appropriation~"""'- it shall continue thereafter from year to year unless terminated in the manner here~n . provided. Should Congress fail to make such appropriations at any time during the \'.. continuance of this agreement, then the obligation of the United States to furnish fire protection to the said lands of the Landowner shall cease at the expiration of the period for which apnropriations are available, and the Forest Service shall so notify the Landowner. 3. The Landowner, upon the execution of this agreement and each year thereafter prior to May 10, shall describe in writing and file with the Forest Supervisor a list of the lands owned or controlled by him, which he desires to be made subject to the terms of this agreement. 4. The Landowner shall deposit each year, on or before May 10 in the Cooperative Work Fund of the Forest Service, through the Regional Fiscal Agent of the Forest Service, at Missoula, Montana, upon presentation of a bill of collection by the For- est Supervisor of the Gallatin National Forest funds sufficient to cover his share of the estimated cost of fire protection 1.dthin said protective district unit for the ensuing year as hereinafter provided. The portion of the estimated cost to be borne by the Landmvner 1'iill be based on the determined cost of fire protection over the preceding five years less any sum or sums apportioned to the Forest Service by the State Forester of the State of _ Monta.na derived from allotments to the said State under the provisions of the Clarke-McNary Act of June 7, 1924, as amended (43 Stat.. 653; 16 USCA 565). For the period ending April 30, 19~, the determined annual rate per acre for com- puting the required deposit on all lands which the Landowner lists under the provi- sions of clause 3 hereof shall be $.O~ cents per acre and thereafter the current rate per acre will be furnished the Land01vner with the annual bill .for col- lection. Following April 30, 19~, and for each year thereafter this aereement remains in effect, the said rate for the lands covered by this agreement shall be adjusted in harmony with the actual average cost of fire protection within the Gall A. t.i n national forest protective unit as determined by the Forest Service over the inuned1- ately preceding five-year period. 5. It is further understood that any or all payments or deposits made to the Forest Service under this agreement may be deposited either to the Cooperative lvork Fund or to the appropriations of the Forest Service depending upon whether or not the Forest Service has or has not incurred obligations therefor before said payment or deposit. 6. Either party of this agreement may terminate the same at any time upon thirty days t written notice to the other, provided that such notice shall be given beti'ieen November 1 of any year and April 1 of the next succeeding year, and provided that all obligations of such party under this agreement are satisfied. 7. No member of or delegate to Congress or Resident Corrunissioner shall be admitted to any share or part of this agreement or to any benefit to arrive therefrom. Noth- ing, however, herein contained shall be construed to extend t,) any incorporated com- pany, if the agreement be for the general benefit of such corporation or company. 8. The United States will not be liable for any damage resulting from cooperation under this agreement. -2- )t..... ," ' , 9, ; This agreement cancels and ::,upersectes tjcat certain agreement dated. -- .~' _... 1 19~~, Alfs#...... tetHeen the parties hereto, ,rhich said. agreemer;t- shall terminate as of ...-- .~~____~. IN ~lnTNE.'3S ]'Jl-fEREOF, the partie s hereto have caused this agreement to be executed, the L"dmmer on the ~) day of JanuarY , 19~. and the Forest Supervisor on tho 02/ ~ day 01 171> N""7 ,19-'0-. ATTEST: The Ci~_,ot:. Bozeman .. ____ (Landc:l\'iner .~ ~~~ BY~ "/~ Clerk oth-e Ci y-Conlnssion ... ARNOLD M. S\.vANSON, dJ~~--~ _ _ --'tU~7-"._-~-}~Orc3t ~)upei'visoI' ...._~- -3- ..;. . , .. .. I 'I '.... . t t>.~ ~.A ' 3120 Cooperative Agreements Bozeman, City of 5/1/60 DESCRIPTION. OF LAND LISTED FOR PROTECTION Desorit>tion Section Township RanRe Acres W}2NW)4, S~, NW}4SW}4 11 3S 6E 160.00 ~, ~, ~~ 18 35 6E 160.00 All 21 3S 6E 630.50 Lote 1 & 2, ~ 29 3S 6E 192.85 All 35 3S 6E 610.39 ~ 31 35 1E 335.52 All 1 45 6E 601. 68 ~ 13 45 6E 320.00 All 5 4s 7E 601.96 All 7 45 7E 634.36 NE)4 17 4s 7E 160.00 All 19 45 7E 634.52 TOTAL 5053.78 acree