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HomeMy WebLinkAboutC12-129 BLM Colorado River Valley Field Office MOU 7 MEMORANDUM OF UNDERSTANDING BETWEEN UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT COLORADO RIVER VALLEY FIELD OFFICE AND EAGLE COUNTY, COLORADO Introduction This Memorandum of Understanding ( "MOU ") is between the United States Department of the Interior, Bureau of Land Management, Colorado River Valley Field Office ( "BLM ") and Eagle County, Colorado ( "County "); jointly referred to as the "Parties." II. Purposes A. The purpose of this MOU is to formalize a cooperative relationship between the aforementioned agencies and organizations for the purpose of cooperating in the management, operation and maintenance of the Two Bridges property (the "Property"). III. Background A. The objective of this MOU is to establish a working relationship between County and BLM for the management, operation and maintenance of the Property. The County currently owns the Property which was acquired with funds from the Eagle County Open Space Program in an effort to ensure ongoing preservation of and access to and use of the Colorado River. County does not have resources readily available to operate, manage and maintain the Property. BLM desires to enhance public access to the Colorado River for boating and other recreational purposes. B. County has acquired a recreational lease from the Colorado State Land Board on 543 acres of land adjacent to the Property. BLM acknowledges receipt of a copy of that lease. C. The Parties acknowledge that the Union Pacific Rail Road is located on a portion of/adjacent to the Property and further that the access to the Property is also access for third party property located across the river. BLM acknowledges receipt of relevant easements and reservations affecting the Property. D. The County may work with the BLM to identify agreeable terms for a future transfer of the Property from the County to the BLM. E. The Parties are entering into this MOU with the understanding that the Property shall be operated for day use only (river access, fishing, hiking and the like). No camping will be permitted. F. Nothing in this MOU alters or supersedes the authorities and responsibilities of any of the Parties on any matter under their respective jurisdictions. IV. Authorities A. The .authorities for BLM to enter into this MOU include, but are not limited to, the following: 1. Federal Land Policy and Management Act of 1976; 43 U.S.C. § 1701, et seq. B. The authorities for County to enter into this MOU include, but are not limited to, the following: 1. C.R.S. 29 -1 -201 et. seq. V. Funding A. All implementation actions agreed upon in this MOU are contingent upon availability of funding. B. The Parties agree to fund their own expenses associated with the implementation of this MOU. C. Nothing contained herein shall be construed as obligating BLM to any expenditure or obligation of funds in excess or in advance of appropriations, in accordance with the Anti- Deficiency Act, 31 U.S.C. § 1341. D. The parties recognize that the County is a governmental entity and that all financial obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. VI. Roles and Responsibilities A. The BLM roles and responsibilities include: 1. Manage the use and operation of the Property by the public. Management and operation of the Property shall be consistent with BLM's management and operation of similar properties that allow active access to rivers and streams by the public. The BLM may assist the County in implementing rules and regulations for the Property recognizing that the Parties intend the Property to be operated for day use only. The County recognizes that the BLM does not hold any enforcement ability on the Property, but may assist through education and reporting incidents to the County. No camping or campground is to be located on the Property. Further, the rules and regulations to be implemented shall not impede County's ability to install certain improvements. 2. BLM shall administer commercial and organized group use on Property based on CRVFO policy. This means that BLM Permit Holders that are already authorized for use of the river segment that includes the Property would have the ability to operate on the Property as long as Eagle County gave the BLM a written letter authorizing those uses (fishing/floatboating — anchoring off the shoreline/boat put -in and take - out/picnicking/shuttle services) on the Property. 3. BLM shall maintain services at the Property, including patrols in the area, litter collection (but not trash pickup), and toilet cleaning services as needed (but no vault pumping services), if .a permanent vault toilet were constructed. BLM service of the Property shall be as follows: a. Between Memorial Day and Labor Day, two times a week; b. May 15- Memorial Day, one time a week; c. Labor Day- November 15, one time a week; and d. November 15 —May 15 there shall be no service to the Property. Notwithstanding anything herein to the contrary, the Parties acknowledge that the foregoing service levels and performance by BLM are based on available budget and staffing to provide the services. In the event BLM is not able to meet the service levels identified above, it shall provide notice to the County to the individual identified in Exhibit A. 4. Review Plans for improvements to the Property to ensure consistency with BLM engineering and Land Use Plan requirements. 5. Parties acknowledge that the BLM remains responsible for permitting commercial use of the Colorado River through its lands. This MOU will not modify that program and is intended to only address the management and use of the Property. 6. BLM will manage the Property with sensitivity to its needs and those of the County, the public, adjacent property owners and other third parties. B. The County's roles and responsibilities include: 1. Implement and collect a day use fee for the Property. County will first pay its expenses associated with maintenance of the Property (for example trash collection) and shall thereafter pay 50% of the fee collected to BLM. 2. Maintain the existing building located on the Property and allow BLM storage space within the building. Notwithstanding the foregoing, County reserves the right to use the building for its purposes at the same time the BLM is using it for storage. Use of the building shall be cooperatively agreed to by the Parties. 3. Plan for, construct and install improvements that meet BLM guidelines on the Property as funding and ability allows in consultation with BLM. Improvements may include, but shall not be limited to, installation of well improvements, water, sewer and other utilities, fencing, access and parking improvements, boat ramps, sheds and the like. 4. Provide for human waste concerns, either through providing a porta -potty service during such times that the Property is open to the public for part of the year, or by installing permanent bathroom facilities at the Property. 5. County will have the authority to approve any improvements or changes to improvements to be located on the Property with input from BLM. In the event BLM desires to make improvements to the Property it shall first consult with County. C. The joint roles and responsibilities of the Parties include: 1. Develop a management plan ( "Plan") (management, monitoring, administration, and information/education) and implement the Plan as funding allows. Any Plan must be agreed upon by both Parties and allow for on- going cooperation and flexibility to allow for possible improvements to the Property by County and to address management needs as they arise. 2. The Parties will consult, at least annually, to discuss revisions, issues and actions needed to effectively implement the purpose of this MOU. Parties will also share visitor use data collected regarding the site. 3. The Parties will jointly plan for improvements beyond those identified as the responsibility of County in this MOU. The Parties will coordinate and involve volunteers in the management, planning, and operation, including signing, condition surveys, construction, and maintenance activities when appropriate. 4. The Parties will seek future funding opportunities, including grants, for the further development and management, as appropriate. D. It is mutually agreed and understood by the Parties that: 1. This MOU is neither a fiscal nor a funds obligations document. This MOU shall not obligate any of the Parties to this MOU to expend appropriations or to enter into any contracts or other obligation with the other party to this MOU. 2. Any information furnished to the BLM under this MOU is subject to the Freedom of Information Act (5 U.S.C. 552). 3. In carrying out this MOU, there shall be no discrimination against any person because of race, color, national origin, sex, age, religion, or disability. 4. This MOU shall not be interpreted to imply that the United States, the Department of the Interior, of the BLM endorses any product, service, or policy of the County. The County shall not take any action or make statements that suggest or imply such endorsement. 5. This MOU in no way restricts the parties from participating in similar activities with other public or private agencies, organizations, and individuals. VII. Representatives The Parties will designate representatives as specified in Exhibit A to ensure coordination during the implementation of this MOU. The Parties may change their point of contact at any time by providing a revised Exhibit A to the other Party. Any revisions must be added to the official file maintained at the Colorado River Valley Field Office, Silt, CO. VIII. Records A. Any records or documents generated as a result of this MOU shall become part of the official BLM record maintained in accordance with BLM record management policies. Any request for release of records associated with the implementation of this MOU to anyone outside the Parties must be determined by BLM based on applicable laws, including the Freedom of Information Act and the Privacy Act and by Eagle County in accordance with the Colorado Open Records Act. IX. Compliance with Applicable Laws and Regulations; Severability Clause This MOU is subject to all applicable Federal, state and local laws, regulations and rules, whether now in force or hereafter enacted or promulgated. Nothing in this MOU shall be construed as in any way impairing the general powers of the BLM under such applicable laws, regulations, and rules. If any term or provision of this MOU is held to be invalid or illegal, such term or provision shall not affect the validity or enforceability of the remaining terms and provisions. Meeting the terms of this MOU shall not excuse any failure to comply with all applicable laws and regulations, whether or not these laws and regulations are specifically listed herein. X. Term, Amendment, and Termination A. Term of MOU: 1. This MOU becomes effective upon the date last signed and executed by the duly authorized representative of the Parties to this MOU. 2. This MOU shall be reviewed cooperatively by the parties after the first year of operation under the terms of this MOU to identify any needed changes or revisions. In any event, the MOU will remain in effect for five (5) years from the execution date unless terminated or cancelled prior to the expiration date. B. Amendments: 1. The Parties may request changes to this MOU, which shall be effective only upon the written agreement of all Parties. 2. Any changes, modification, revisions, or amendments to this MOU shall be incorporated by written instrument, executed and signed by all Parties, and will be effective in accordance with the terms and conditions contained herein. C. Termination: 1. This MOU may be terminated prior to the expiration date upon 90 -day written notice and agreement between all parties to terminate this MOU. XI. Signatures A. All signatories have the appropriate delegation of authority to sign this MOU. B. The Parties hereto ha executed this MOU on the dates shown below. i r /7 Dated: ,(la Peter Runyon, Chairman County Commissioner, Eagle C . ty Dated: Steve Bennett, Field Manager Bureau of Land Management, Colorado River Valley Field Office Attachment: Exhibit A Exhibit A Designated Representatives: � p I I BLM Contact Eagle County Contact Cooperator Project Contacts Cooperator Project Contact Kimberly Miller Toby Sprunk Outdoor Recreation Planner Eagle County, Colorado 2300 River Frontage Road PO BOX 850 Silt, CO 81652 Eagle, CO 81631 970-876 -9075 (970) 328 -8698 kmmiller @b1m.gov Toby.Sprunk@eaglecounty.us and Greg Wolfgang Outdoor Recreation Planner 2300 River Frontage Road Silt, CO 81652 970- 876 -9068 gwolfgan@b1m.gov B. Amendments: 1. The Parties may request changes to this MOU, which shall be effective only upon the written agreement of all Parties. 2. Any changes, modification, revisions, or amendments to this MOU shall be incorporated by written instrument, executed and signed by all Parties, and will be effective in accordance with the terms and conditions contained herein. C. Termination: 1. This MOU may be terminated prior to the expiration date upon 90 -day written notice and agreement between all parties to terminate this MOU. XI. Signatures A. All signatories have the appropriate delegation of authority to sign this MOU. B. The Parties hereto ha executed this MOU on the dates shown below. Dated: � � 9 Peter Runyon, Chairman County Commissioner, Eagle C. ty Dated: i t/r5/ 1 7 -- Steve Bennett, Field Manager Bureau of Land Management, Colorado River Valley Field Office Attachment: Exhibit A Exhibit A Designated Representatives: