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HomeMy WebLinkAboutC87-054 MOU with BLM{ MEMORANDUM OF UNDERSTANDING Between The Board of County Commissioners of Eagle County, Colorado and District Manager, Bureau of'Land Management U.S. Department of the Interior C87-54-28 This Memorandum of Understanding, made and entered into by and between the Board of County Commissioners of Eagle County, Colorado, and the District Manager, Bureau of Land Management, Grand Junction, Colorado, acting pursuant to the Federal Land Policy and Management Act of 1976, National Environmental Policy Act of 1969, Title IV of the Intergovernmental Cooperation Act of 1968, and the Local Government Land Use Enabling Act of 1974, as codified at §29-20-105, C.R.S. 1973; §29-1-201 et sec., C.R.S. 1973; and §30-11-102 (1) (d), C.R.S. 1973; and all amendatory acts thereof or supplemental thereto, and such other legislation and regulations as may apply, WITNESSETH, that: WHEREAS, Eagle County (hereinafter referred to as the County) has adopted a County Master Plan, zoning, and other land use control regulations to guide development -of all lands in the County, and WHEREAS, Bureau of Land Management (hereinafter referred to as BLM) has developed land use plans to guide management and development of public lands, and WHEREAS, Both the County and BLM desire to coordinate their respective planning and decision processes in order to achieve maximum benefits from available resources, to reduce duplication of effort and to attain better overall coordination of land management throughout Eagle County, NOW, THEREFORE, it is agreed that: I. Each party will: A. Cooperate in land use decision-making, including consultation in land use decisions and in preparation of land use plans, including, for example, County master plans and BLM resource management plans, including any amendment to or revision of said plans. B. Inform each other as far in advance as possible of anticipated plans and proposed activities that might affect either party, but in no case shall such information be provided less than thirty (30) days prior to the adoption of such plans or taking place of such activities. C. Cooperate in development and implementation of specific agreements supplemental to this agreement, including, but not limited to, agreements regarding zoning, subdivision of lands, road construction, maintenance and use, and rights-of-way. II. The Bureau of Land Management will: A. Solicit County participation in developing plans, programs, and proposals for management of public lands and consider those views in the decision process. Participation will specifically include analysis of preliminary recommendations and conflicts, H. In the development and revision of BLM land use plans, provide for compliance with all state pollution laws and county regulations promulgated thereunder pursuant to state law regarding air, water, noise, or other pollution standards or implementation plans. I. Cooperate with the County in :mitigating the socio-economic impacts of land use activities on federal lands and with regard to federal mineral rights. III. Eagle County will: A. Solicit BLM participation in developing master plans and zoning, or revisions thereto, for lands in Eagle County. Participation will include review and comment on planning and zoning proposals and may include non-voting ex -officio membership on the County Planning Commission. B. Provide BLM an opportunity to review and comment on proposals submitted to the County (including the Planning Commission) that involve land use or zoning that may impact public lands. Those types of proposals BLM will review are included, but not limited to, those located on Exhibit B, attached hereto. C. Make available to BLM social and economic information in possession of the County. D. Make County expertise or personnel available for complementary data -gathering, environmental studies, and land use planning as is determined by the County to be practical, recognizing financial and personnel constraints. E. Unless agreed to the contrary, the County shall not rezone any land described in §II.G. above, after the public notification and before the sale therein described. IV. Timeliness: Both parties recognize that time is of the essence in performance under this agreement; in some cases it may be critical. Where necessary, reasonable time limits may be set for participation by either party. V. Nothing in this agreement will be construed as limiting or affecting in any way the authority or legal responsibility of the Board of County Commissioners or the District Manager, or as binding either County or the Bureau of Land Management to perform beyond the respective authority of each, or as requiring either party to assurme or expend any sum in excess of appropriations available. VI. Amendments or supplements to this agreement may be proposed by either party and shall become effective upon written approval of both parties. VII. This agreement shall become effective as soon as signed by the parties hereto and shall continue in force unless formally terminated by either party after thirty (30) days' notice in writing to the other of the intention to do so. VIII. Each and every provision of this Memorandum of Understanding is subject to the laws of the State of Colorado, .'Eagle County, and the laws of the United States, and the regulations of the Secretary of the Interior. IN WITNESS THEREOF, the parties hereto have caused this document to be executed, the Board of County Commissioners of Eagle County, Colorado, and the District Manager, Bureau of Land Management, Grand Juntion, Colorado. District Ma ger i Date Bureau of L nd Management Concur: St; "en Director Date P� 9 reau of Land Management The Board of County Commissioners of Eagle County, Colorado By ChairmanDate Commissioner Date Commissioner Date EXHIBIT' A Eagle County will be afforded an opportunity to review and comment on the applications or proposals that may be filed with Bureau of Land Management, including, but not limited to the following types of activities: 1. Rights-of-way for roads, power lines, pipelines, telephone lines, and other rights-of-way projects. 2. Land use planning information (resource inventories, management framework plans, etc). 3. Environmental assessments and statements. 4. Withdrawals and revocations. 5. Sale, exchange, lease or other conveyance of lands. 6. Oil, gas and mineral exploration, development and production. t development of recommendations for adoption of the resource management plan, and all rights to receive notice of and to participate in such planning as are provided by §202(F) of the Federal Land and Policy Management Act of 1976 and regulations adopted pursuant thereto. P. Provide the County an opportunity to (1) review and comment on applications submitted to BLM that would affect land use or development in Eagle County, and (2) to participate in development of the requisite environmental assessments (environmental statements and environmental analysis reports). Participation will specifically include analysis of•land use impacts and analysis of alternatives. Those types of applications the County will review include, but are not limited to, those on Exhibit A, attached hereto. C. Make available to the County all non-proprietary resource and land use information concerning land located in Eagle County in possession of BLM and all data from public land inventories maintained under §201(a), (b) of the Federal Land Policy Management Act of 1976 and all regulations adopted pursuant thereto. D. Make personnel available to assist the County in complementary data -gathering and land use planning as is determined by the District Manager to be practical within financial, legal, and personnel limitations. E. To the Extent consistent with the laws governing the administrations of the public lands, coordinate the land use inventory, planning, and management activities of BLM lands with the land use planning and management programs of the County. In implementing this section, the BLM shall assure that consideration is given to County land use plans that are germane in the development of land use plans for BLM lands, assist in resolving inconsistency between land use plans of BLM and the County, and provide for meaningful public involvement of County officials in land use decisions for public lands, including early public notice of proposed decisions which may have significant impact on County lands. F. Assure that land use plans for public lands are consistent with County plans to the maximum extent possible under federal law and the purposes of the Federal Land Policy Management Act of 1976. G. At least sixty (60) days prior to public offering for sale or otherwise conveying public lands within the County, notify the Board of County Commissioners of such sale or conveyance in order to afford them an opportunity to zone or otherwise regulate, or change or amend existing zoning or other regulations concerning the use of lands prior to such conveyance. The BLM shall also promptly notify the Board of County Commissioners of the patent or other document of conveyance for such lands.