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Home My WebLink AboutC13-171 MOU Dotsero Landing PropertyBLM- MOU- CRVF0-13 -03 MEMORANDUM OF UNDERSTANDING BETWEEN UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT COLORADO RIVER VALLEY FIELD OFFICE AND EAGLE COUNTY, COLORADO I. 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 Dotsero Landing property located at 3575 US Highway 6, Gypsum, CO (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. The County may work with the BLM'to identify agreeable terms for a future transfer of the Property from the County to the BLM. C. The Parties are entering into this MOU with the understanding that the Property shall be operated for day use only for river access, fishing, hiking and the like. No camping will be permitted. D. Nothing in this MOU alters or supersedes the authorities and responsibilities of any of the Parties on any matter under their respective jurisdictions. bl)- IV. Authorities A. The authorities for BLM to enter into this MOU include, but are not limited to, the following: 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: 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 implement such rules and regulations for the Property consistent with rules and regulations it imposes for other similar properties recognizing that the Parties intend the Property to be operated for day use only. No camping or campground is to be located on the Property. Further, the rules and regulations to be implemented by the BLM shall not impede County's ability to install certain improvements on the Property as set forth herein. 2. An iron ranger is located on the Property for the collection of a daily user fee. Bureau of Land Management — Colorado River Valley Field Office staff shall 2 be responsible for collecting cash from the iron ranger located on the Property. Such collection shall occur on a routine basis, but the specific day of collection will vary. Staff from BLM will make arrangements to deliver the funds collected from the use of the Property to Eagle County by calling or emailing the Eagle County Open Space Director on the day before or day of collection. BLM staff shall remove fee envelopes from the iron ranger located on the Property and will insert all sums collected from the iron ranger into a locked box or fee tube box and shall promptly deliver the funds to Eagle County's Community Development Office at 500 Broadway, Eagle, CO. The BLM staff will complete and sign an affidavit form indicating the date and time the BLM staff person collected the funds from the iron ranger and date and time the funds are delivered to Eagle County. Authorized Eagle County personnel will sign an acknowledgement indicating receipt of the money. 3. The BLM will provide Eagle County with a list of outfitter commercial use of the Property annually in January or February, and will report the amounts collected by it from each outfitter. Eagle County and BLM will share this revenue equally. 4. BLM shall administer commercial and organized group use on Property based on CRVFO policy. 5. BLM shall maintain services at the Property commensurate with management of BLM developed sites along the Colorado and Eagle Rivers. 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. 6. Review Plans for improvements to the Property to ensure consistency with BLM engineering and Land Use Plan requirements. 7. 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. 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. Eagle County will pay 50% of the day use fee collected from the iron ranger located on the Property to the BLM. Eagle County will send a check to the Department of the Interior - Bureau of Land Management (CRVFO) for half of the year's collected fees. This payment will be made in the fourth quarter of each year after all day use fees have been collected and counted. 2. Eagle County staff permitted to accept the fees collected by BLM staff from the iron ranger located on the Property are Toby Sprunk, Kelly Madrid, Karen Sepp, Lori Siefers, and Colleen Wirth. The affidavit identified in paragraph VI (A) (2) above will be signed by one of the five permitted Eagle County staff persons to accept the daily user fee money from the BLM. A copy of the affidavit will be kept in the Open Space Director's office. Once received by Eagle County, the fees will be placed in a zipped envelope labeled "Dotsero Landing User Fees ", which will be locked in the Community Development safe until it can be delivered to the Eagle County Treasurer for deposit. A line item within the Open Space Program Budget will be established. Plan, 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, sheds, ADA fishing access platforms, and the like. The County has already installed fencing, access and parking improvements, vault toilets, and a boat ramp. 4. 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. The Parties will consult, at least annually, to discuss revisions, issues and actions needed to effectively implement the purpose of this MOU. 2. The Parties will jointly plan for and fund improvements beyond those already installed by County asset forth 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. 3. 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: Ll 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 snake 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 BLM Colorado River Valley Field Office, Silt, CO. VIII. Records 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. 5 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: I. 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 by either party prior to the expiration date upon 90-days written notice to the other party to terminate this MOU. XL Signatures A. All signatories have the appropriate delegation of authority to sign this MOU. B. ° Parties hereto , v; executed this MOU on the dates shown below. Dated: -?4 Jon Stavne;, C .im►an Eagle Co;, y Bard of County Commissioners Dated: 7t2t', Steven G. Bennett, Field Manager Bureau of Land Management, Colorado River Valley Field Office 6 Exhibit A Designated Representatives: BLM Contact Cooperator Project Contacts Kimberly Miller Outdoor Recreation Planner 2300 River Frontage Road Silt, CO 81652 970 - 876 -9075 kmmiller @blm.gov wall Greg Wolfgang Outdoor Recreation Planner 2300 River Frontage Road Silt, CO 81652 970 -876 -9068 gwolfgan @blm.gov Eagle County Contact Cooperator Project Contact Toby Sprunk Eagle County, Colorado PO BOX 850 Eagle, CO 81631 (970) 328 -8698 Toby. Sprunk @eaglecounty.us