Seed Collection and Pricing Policy

United States Department of the Interior
BUREAU OF LAND MANAGEMENT
Wyoming State Office
P.O. Box 1828
IN REPLY REFER TO: Cheyenne, Wyoming 82009-1828
1030 (930) P
April 21, 2008
EMS TRANSMISSION: 04/22/2008
Instruction Memorandum No. WY-2008-036
Expires 9/30/2009
To: Field Managers
From: State Director, Wyoming
Subject: Seed Collection and Pricing Policy
Program Area: Vegetative Contracts, Forestry, Botany, and Range
Purpose: This Instruction Memorandum (IM) establishes seed collection, permit and pricing
policy for Wyoming Bureau of Land Management (BLM).
Background: Current BLM policy allows for the sale and collection of plant seed on Bureau
managed lands. There has been a steady and continuing demand for seed collection by the
public in Wyoming. The price for available seed changes regularly in response to market
conditions. There is no current Wyoming BLM specific direction for seed collection and pricing.
Management of wildland seed resources is an important component of ecosystem based resource
management that benefits both the BLM and the public. These benefits include complementing
other resource programs managed by the Bureau; contributing to the economic stability and well
being in local communities; and aiding in restoration projects and programs.
Policy/Action: The appropriate level of National Environmental Policy Act (NEPA) analysis is
required prior to issuance of seed collection permits. Mitigation measures, in the form of Special
Provisions, may be attached to any Bureau vegetative permit or contract. These stipulations
should address and mitigate any issues identified through the NEPA process. If issues cannot be
mitigated to an acceptable level through stipulations, then the permit or contract should not be
issued.
Permits for collection of seed from federally listed threatened and endangered species and
candidate species cannot be issued without a Section 10 permit from the US Fish and Wildlife
Service, and then can only be issued for scientific take. Plants on the BLM State Sensitive
Species List require consultation between the BLM Authorizing Officer and the Wyoming State
Office Botanist. Seed from plants on the Wyoming BLM Sensitive Species list will only be
allowed for scientific or research purposes.
No commercial seed harvest or collection will be permitted within designated Wilderness or
Wilderness Study Areas (WSA’s). The Interim Management Policy states that no commercial
harvest of vegetation will be allowed. The Interim Management Policy does make allowances
for issuing permits for seed collection for personal use under certain circumstances including
strict adherence to the non-impairment criteria. Please refer to the Interim Management Policy
for Lands under Wilderness Review for further direction.
Only hand powered collection of seed will be permitted unless motorized mechanical harvest is
analyzed in the supporting NEPA documentation and specified in the Special Provisions section
of the permit. Seed harvest will only be permitted for specific areas and acreages with an
attached map specifying the area.
One original permittee signed copy of the permit with the Special Provisions and map will be
maintained with the BLM Field Office files. The second original copy, with all the required
attachments and signatures, must be in the possession of the permittee/collector/harvester while
collection is taking place.
Permittees are required to keep a seed collection log listing materials collected by species,
amounts and location.
Pricing Policy: The following methods will be used to determine “fair market” value of seeds.
1- Commercial or Personal Use permits will only be issued in ten (10) pound increments by
species (or variety).
2- All seeds will be sold on per pound basis as “dirty” or uncleaned/unprocessed seeds.
3- Minimum pricing for “dirty” seeds is set at 2.5 percent of the current retail sale price for
cleaned and processed pound for a particular species.
4- The retail price will be based on BLM seed warehouse price per pound for clean, certified
seed.
5- The local retail price per pound will be used if the BLM seed warehouse price is less than
the local price.
6- The local price will also be used if the BLM seed warehouse does not carry the seed
desired.
7- A minimum price for “dirty” seed of $0.15 per pound for grass, $0.25 per pound for
shrubs, and $0.30 for forbs will be used if there is no local or BLM warehouse price
information for a particular seed.
The BLM seed warehouse price list will be posted to the Wyoming BLM Forestry and Fire
Ecology website. The URL for this website is http://web.wy.blm.gov/930/forestry/
Road Maintenance Fee: Please refer to the direction in IM WY-2007-010 for appropriate usage
of the 9120 account.
Reporting Requirements: All sales of seeds will be reported in the Timber Sale Information
System (TSIS) using the Special Forest Products module.
Accounting Information: The CBS Commodity Code for Native seed is 327. The FFS Fund
code is 750 and the Fund Symbol is 145881. The following information is required pathway for
proper entry into the CBS accounting system to ensure monies are deposited correctly:
• Vegetative Materials
• PD Vegetative Materials
• Native Seed – Miscellaneous (750)
• State
• County
• Quantity
• Unit Price
• Total
Appropriate Permit Forms:
Commercial Sales –
Form 5450-1 Contract for the Sale of Vegetative Resources. If the total purchase price is not
paid on or before the date the contract is signed by the Authorizing Official, then the bonding
and deposit requirements in this form must be followed. Full cash payment is required for any
purchase of less than $2,500.
Form 5450-5 Vegetative or Mineral Negotiated Cash Sale Contract. This is only to be used for
sales of less than $2,500. Full cash payment is required prior to issuance of the permit.
Personal Use Sales –
Form 5450-5 Vegetative or Mineral Negotiated Cash Sale Contract. Vegetative products
purchased under this permit for personal use is defined as “. . . use other than for sale, barter,
trade, or obtaining a profit” (43 CFR Subpart 5400, Definitions). The limit on this permit is
$2,499.
Free Use –
Form 5510-1, Free Use Application Form. As defined in CFR 43 Part 5500, applicants must
meet certain criteria in order for a free use permit to be issued. They must be a resident of the
State, a Federal or State governmental agency, unit or subdivision including municipalities, or
any association or corporation not organized for profit, as authorized by the AFM for Renewable
Resources (43 CFR 5510.0-3 b). Free use materials may not be used for commercial or
industrial purposes or resale. Also, a non-profit association or corporation may not receive more
than $100.00 worth of seed in any one calendar year.
Free use permits for vegetative materials will be issued to Native Americans for ceremonial
purposes when requested. Quantities will be limited to the amount identified in the personal use
section above or specified in the local land use plan.
Recreational Use –
Recreational use is defined under 43 CFR 8365.1- 5 Property and resources, Sections (b) (1).
These sections allow the public to collect, in non-restricted areas, “reasonable amounts” for
“non-commercial purposes” of commonly available renewable resources such as flowers, berries,
nuts, seeds, cones, and leaves. For clarification, renewable resources (seed) collected for
recreational use in Wyoming is determined to be 1,000 seeds or 5 pounds of “dirty” weight of
seed. No permit is required for this type of collecting of seed.
Recommended Special Provisions for All Permits or Contracts issued under this direction:
See attachment 1 for the recommended minimum special provisions to be included.
Timeframe: This IM is effective upon receipt.
Budget Impacts: None are anticipated.
Manual/Handbook Sections Affected: None.
Coordination: This IM was coordinated among the Forestry, Botany, Range Management,
and Threatened and Endangered Species program leads in WY-930, Accounts and Receiving
(WY-951), and field personnel in Forestry, Range, and Botany. This IM is based on requests
from the field for direction.
Contact: For questions concerning this IM please contact either Bob Means, Forestry program
lead at (307) 775-8287 or Tyler Abbott, Botanist/Native Plant Materials program lead at (307)
775- 6227.
Signed by: Authenticated by:
Donald A. Simpson Pamela D. Hernandez
Acting State Director Wyoming Central Files
1 Attachment:
1 - Recommended Special Provisions for Seed Collection Permits and Contracts (2 pp.)