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Home My WebLink AboutC17-074 Bureau of Land ManagementFEE COOPERATIVE AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND U.S. DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT PROVIDING FOR THE FEE COLLECTION AND ADMINISTRATION OF RECREATION USE OF THE STATE BRIDGE LANDING BOAT LAUNCH Whereas, Eagle County, Colorado (COUNTY) owns the real property known as the State Bridge Landing (SBL), which is a 10.299 acre riverfront parcel located at 13550 Highway 131 and identified by Eagle County Schedule Number R047903; and Whereas, SBL is adjacent to federal public lands known as the Upper Colorado Special Recreation Management Area, which are administered by the Bureau of Land Management (BLM), and located near the Town of Kremmling, in Eagle County, Colorado; and Whereas, in recent years, due to its proximity to Denver and to area attractions, SBL has become a heavily used recreation destination, especially for fishing and recreational float boating; and Whereas, the COUNTY and BLM have decided that the appropriate course of action to accomplish the shared goal of sustainable recreation use of SBL is for BLM to execute a cooperative agreement with the COUNTY for lands described herein as SBL in order to provide BLM with the authority to collect and disburse fees and provide certain management services for the SBL; and Whereas, Section 307(b) (43 U.S.C. § 1737(b)) of the Federal Land Policy and Management Act of 1976, as amended, provides BLM the authority to enter into contracts and cooperative agreements involving the management, protection, and development of the public lands; and Whereas, the Federal Lands Recreation Enhancement Act (REA) (Public Law 108-477) as set forth under 16 U.S.C.S. 6801 et seq., and Section 6 (a) Chapter 63 of Title 31, U.S.C., the Secretary may enter into a fee management agreement, including a contract, which may provide for a reasonable commission, reimbursement, or discount, with the following entities for the following purposes: (1) with any governmental or nongovernmental entity, including those in a gateway community, to obtain fee collection and processing services, including visitor reservation services; (2) with any governmental or nongovernmental entity, including those in a gateway community, to obtaining emergency medical services; (3) with any governmental entity, including those in a gateway community, to obtain law enforcement services. In addition, with respect to revenue sharing, a state or legal subdivision of a state that enters into an agreement C17-074 with the Secretary under subsection 6(a) of REA may share in a percentage of the revenues collected at the site in accordance with that fee management agreement; and Whereas, the COUNTY and BLM desire to enter into this Fee Cooperative Agreement (hereinafter the "Agreement") to establish federal and local government cooperation in order to better facilitate sustainable recreation use within the SBL, including but not limited to public recreation opportunities, prevention of environmental degradation, ensure sanitary conditions, foster public safety, reduce the chance of wildfire, provide consistent public information, improve administrative efficiency, and recover the cost of the recreation management services provided by the BLM through the fees system implemented at the SBL. AGREEMENT NOW THEREFORE, in consideration of the mutual covenants contained herein, which the parties acknowledge and agree there are sufficient and adequate to support this agreement, the parties agree as follows: A. The COUNTY hereby agrees that it shall: 1. Recognize that BLM will participate with the COUNTY to educate the public about the rules established at the SBL, including vehicle use at designated locations, prohibitions on campfires and camping, permit requirement, wood cutting, litter control, quiet hours, the prohibition of the destruction of natural resources and property, camping etc.; 2. Recognize that BLM shall retain ownership of any physical facilities that BLM constructs or installs with federal funding within the SBL during the time this Agreement is in effect, and allow BLM twelve months to remove any and all such facilities upon the termination of this agreement; and 3. Install signage identifying the property as part of the Eagle County Open Space Program. B. BLM hereby agrees to: 1. Participate with the COUNTY to educate the public about the rules established at the SBL, including vehicle use at designated locations, prohibitions on campfires and camping, permit requirement, wood cutting, litter control, quiet hours, the prohibition of the destruction of natural resources and property, camping etc.; 2. Manage the use and operation of the SBL property by the public. Management and operation of the SBL property shall be consistent with BLM's management and operation of similar properties that allow recreational access to river and streams by the public; 3. Manage inquiries and request from any vendors or outfitters seeking to use all or a portion of the SBL property; 4. Install such signage as it deems appropriate for the smooth operation of and provide operation and maintenance services at the SBL, including pumping of the restroom vaults and provision of restroom supplies as needed; 5. Manage operation of the land and boat launches to maximize the public's access to the river. Such management and operation may include a site host or on-site staff which shall be at the discretion of the BLM; and 6. Provide trash collection and maintain improvements located on the properties. C. It is mutually agreed by the COUNTY and BLM that: I . Each agency will participate in patrolling the SBL and in the enforcement of applicable rules and regulations within the limits of its jurisdiction, authorities, and staffing availability. 2. If necessary, representatives of each agency will meet from time to time to coordinate management of the SBL under the terms of this Agreement. 3. Nothing in this Agreement shall be construed as obligating the COUNTY to expend funds for any BLM project work within the SBL. 4. The interagency management of the SBL by the COUNTY and BLM will be recognized at information boards and in any brochures or publications produced by either agency about the SBL. The interagency management status of the SBL may also be posted on signs erected in various locations in the area. 5. It may be necessary for COUNTY and BLM to cooperatively develop and adopt additional rules to provide for public safety or the maintenance and protection of the SBL and, in such case, the COUNTY and BLM will comply with all applicable requirements and follow their respective standard procedures in developing and adopting such rules. 6. This Agreement does not: a. Alter or give rise to any delegation or relinquishment by the COUNTY or the BLM of individual agency jurisdiction or authority over any issue, including but not limited to, responsibility for management of non -recreational resources; b. Modify or alter any existing established rights or agreements; N C. Modify, in any way, the respective duties, obligations, rights, privileges, and legal defenses or immunities of the parties; or d. Commit or require BLM to obligate or expend funds, or take any other action, in contravention of the Anti -Deficiency Act, 31 U.S.C. § 1341, or any appropriations law. 7. This Agreement shall be: a. Reviewed by legal counsel for each agency prior to approval; b. Subject to revision as deemed necessary by the mutual consent of both the COUNTY and the BLM through the approval of a written amendment signed and dated by each agency's authorized officer; C. Subject to termination by either the COUNTY or the BLM without cause by providing thirty (30) days written notice to the other agency; d. Terminated if the COUNTY transfers all or part of the SBL property; and d. For an initial term of five (5) years as of the date of the last signature, unless earlier terminated; any notices sent pursuant to this Agreement shall be mailed to the appropriate officials or his/her successors signing this Agreement. FEE COLLECTION AND DISBURSEMENT: 1. User fees will be jointly established, on an annual basis, by the BLM and County. BLM shall collect such user fees from May 1 through October 31 and deposited in a contributed fund account by the BLM. The COUNTY and BLM agree that collected fees will be split between the parties on a 50% basis. The BLM portion of the user fees will be used by the BLM for all BLM costs for initiating and operating SBL, and related services. For each year that this Agreement is in effect, the BLM shall remit the County's 50% portion of the used fees collected from May 1 through October 31 no later than December 31 of the then current year. 2. Eagle County's portion of user fees collected by the BLM prior to the effective date of this Agreement shall be remitted to Eagle County no later than thirty (30) days after the effective date of this Agreement. E. GOVERNMENTAL IMMUNITY: No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended. F. COMPLIANCE WITH LAW: The parties shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. IN WITNESS WHEREOF, this Agreement shall be effective as of date of the last signature herein: BUREAU OF LAND MANAGEMENT Step anh ie Odell, Field Manager Date Signed: Z Z/ L 7 EAGLE COUNTY, COLORADO Bryan Treu, Interim County Manager Date Signed: STATE OF COLORADO ss. COUNTY OF GRAND On this --E day of IM plY , 2017, personally appeared before me, Stephanie Odell, who being by me duly sworn did say that she is the Field Manager of Bureau of Land Management Kremmling Field Office, and the signer of the above instrument, who duly acknowledged that he executed the same. Given under my hand and seal this t4 day of �qY� , 2017. RHONDA SHEARER Notary Public, residing at: PD ft & SaYem ml i hG 00 80�f�9 NOTARY PUBLIC J STATE OF COLORADO My commission expires: vl3 ZD MY COMMISSION ID AIRES MARCH 3, 2018 STATE OF COLORADO ) :ss. CITY & COUNTY OF Eagle) On this *0� day of A,'4� , 2017, personally appeared before me Bryan Treu, who being by me duly sworn did say that he is the Interim County Manager of Eagle County Colorado, and the signer of the above instrument, who duly acknowledged that he executed the same. Given under my hand and seal this day of ii/��-yam( , 2017. W& -VU Notary Public, residing at: ?d &Y- (c1 ,-+-+loua �C0My commission expires: 1� �- (l CLAIRE WILSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20154049241 MY COMMISSION EXPIRES 12129/2019