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HomeMy WebLinkAboutC15-458 MOU for Upper Colorado River Wild and Scenic Stakeholder Group Management PlanMEMORANDUM OF UNDERSTANDING FOR PARTICIPATION IN THE UPPER COLORADO RIVER WILD AND SCENIC STAKEHOLDER GROUP MANAGEMENT PLAN [To be executed as soon as practicable, but no later than 6 months following issuance of final Records of Decision for the Kremmling and Colorado River Valley Field Office RMPs that provide BLM/USFS approval of the SG Planwithout material change. This timeframe may be extended by unanimous consent of the Stakeholder Group. Upon approval of this MOU for signature by the stakeholders, individual stakeholders may choose to sign this at any time prior to the above deadline.l This Memorandum of Understanding ("MOU") is entered into among the undersigned parties (referred to individually as "Signatory" or collectively as "Signatories") to the Upper Colorado River Wild and Scenic Stakeholder Group Management Plan ("SG Plan"). It is anticipated that the Stakeholder Group may develop a more comprehensive memorandum of understanding (or other form of agreement) or a formal legal entity, or both, to govern long-term administration of the SG Plan subsequent to expiration of the poison pill provisions in Section III.C.2.c of the Plan. While members of the State Interest Group are not currently Signatories to this MOU, it is anticipated that the agencies will continue to participate as members of the SG Plan and may choose to sign this MOU in the future. 1. Through execution of this MOU, each Signatory commits to participate as a member in the SG Plan. 2. By executing this MOU, each Signatory agrees to engage in good faith efforts to implement the SG Plan including, but not limited to, tasks outlined in Attachment B, Section 3 of the SG Plan. 3. Commencing 6 months from the effective date of the SG Plan, the Signatories agree to act under the SG Plan Governance Committee protocols for conducting business and making decisions under Part VI of the SG Plan in lieu of the requirement for unanimous consent by all individual stakeholder entities that have formally endorsed the SG Plan. This date for implementation of the governance structure and protocols may be modified by unanimous consent of the Stakeholder Group members. 4. Participation in the SG plan is voluntary. Any Signatory may withdraw from this MOU upon written notice to the other Signatories. The effect of any such withdrawals shall be governed by Section VI.K.2 of the SG Plan. 5. In order to become members of the SG Plan in the future, additional entities must: (1) receive an assignment by the Governance Committee to an Interest Group; (2) execute this MOU (or any amendment or replacement thereof); (3) follow the charter protocols for inclusion in the assigned Interest Group pursuant to the procedures as contemplated in Section VI.D of the SG Plan; and (4) follow the applicable C15-458 6. 7. provisions in the SG Plan. A signature page executed by any such entity shall be affixed hereto and be treated as part of this MOU. This MOU shall remain in effect until (A) it is replaced by a more comprehensive memorandum of understanding (or other form of agreement) or a formal legal entity, or both, to govern long-term administration of the SG Plan; (B) the MOU is amended and superseded in writing by the Signatories; (C) it is revoked by affirmative action of the Stakeholder Group; or (D) the SG Plan is terminated. Other Provisions: A. The Signatories hereto represent that they have legal authority to enter into this MOU and have legal authority to participate in the SG Plan. B. This MOU sets forth a cooperative process and does not create a legal right of action for the Signatories or any third party. C. This MOU is not intended to abrogate, impair, or restrict the legal and statutory responsibilities or authorities of any Signatory. D. Funding commitments made to the SG Plan are subject to approval of the Signatories' governing bodies and subject to appropriations by applicable legislative bodies. E. The Signatories are entering into this MOU on a voluntary and cooperative basis. Nothing in this MOU shall be interpreted as a determination that any ongoing or new activity has or has not caused, or will or will not cause, adverse impacts to the environmental resources or values addressed by the SG Plan. Nothing in this MOU shall be construed to alter the legal rights and remedies that each Signatory would otherwise have. No Signatory waives any legal rights or defenses by entering into this MOU or participating in the process contemplated hereby. F. Modifications to the SG Plan may be made following the SG Plan decision- making protocols without requiring modification of this MOU. IN WITNESS WHEREOF each party has caused this MOU to be executed by an authorized official on the day and year set forth below by signature. EAq cE Date ifHy INahe vD(*3- Contact L Date