HomeMy WebLinkAboutC18-227 Bureau of Land Management BLM-MOU-CRVFO-18-02
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”); BLM and County may each individually be referred to as a “Party”
and jointly referred to as the “Parties.”
II. Purposes
A. The purpose of this MOU is to formalize a cooperative relationship between the Parties
for the patrol and oversight of BLM and County recreation sites along the Upper
Colorado River and Eagle River on the terms and conditions set forth herein; and
B. Eagle County currently operates the following sites along the Upper Colorado and Eagle
River that are subject to this MOU (i) Horse Creek River Access, (ii) Two Bridges River
Access, (iii) Duck Pond Open Space, and (iv) Red Dirt Creek Open Space (collectively
the “County Sites”); and
C. The BLM currently operates the following sites along the Upper Colorado and Eagle
River that are subject to this MOU (i) Dotsero Landing, (ii) Deep Creek Day Use Area,
(iii) Lyon’s Gulch Boat Launch, (iv) Cottonwood Site, (v) Pinball Access Boat Launch,
(vi) Catamount Bridge Boat Launch, and (vii) Windy Point Site (collectively the “BLM
Sites”).
D. The County Sites and BLM Sites shall together be referred to as the “Sites”.
III. Background
A. The Parties have determined that from time to time each Party may be able to assist the
other with occasional oversight and patrol of the Sites. County and BLM recognize that
such oversight and patrol will only be provided as staff or resources are available and as
determined by each Party in its sole discretion.
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B. County currently owns and operates the Two Bridges River Access (the “Property”) in
accordance with County rules and regulations. The Property may be conveyed to the
BLM. Upon conveyance to the BLM the Property will be operated in accordance with
applicable BLM rules and regulations. In addition, upon conveyance of the Property the
Parties agree to meet and determine whether any amendments to this MOU are desired or
necessary.
C. The County Sites will be operated by County in accordance with its applicable rules and
regulations.
D. The BLM Sites will be operated by the BLM in accordance with its applicable rules and
regulations.
E. BLM remains responsible for permitting commercial use of the Colorado River through
its lands. This MOU will not modify that program.
F. Nothing in this MOU alters or supersedes the authorities and responsibilities of any of the
Parties on any matter under their respective jurisdiction.
IV. Authorities
A. The authority for BLM to enter into this MOU includes, but is not limited to, the Federal
Land Policy Management Act of 1976, 43 U.S.C. Section 1701, et. seq.
B. The authority for County to enter into this MOU includes, but is not limited to, 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 and resources. This MOU is neither a fiscal nor a funds obligation document.
This MOU does not obligate either Party to this MOU to expend appropriations or to
enter into any contracts or other obligation with the other party to this MOU.
B. The Parties agree to each 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. Section 1341.
D. Nothing contained herein shall be construed as obligating County to any expenditure or
appropriation of funds. County financial obligations are subject to funds being budgeted
and appropriated in accordance with Colorado law.
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VI. Roles and Responsibilities
A. BLM roles and responsibilities include:
1. BLM will assist with implementing County rules and regulations at County Sites.
Although the BLM does not possess the ability to enforce County rules and
regulations, it may assist through education and reporting incidents to County.
2. BLM will assist the County with maintaining the County Sites including occasional
patrols of the County Sites, litter and trash collection and toilet cleaning/stocking (but
not vault pumping).
3. BLM will share visitor use data to the extent collected regarding the County Sites or
Upper Colorado and Eagle Rivers.
B. County roles and responsibilities include:
1. County Open Space staff will assist with implementing BLM rules and regulations at
BLM Sites. Although County Open Space staff does not possess the ability to enforce
BLM rules and regulations, it may assist through education and reporting incidents to
BLM.
2. County will assist the BLM with maintaining the BLM Sites including occasional
patrols of the BLM Sites, litter and trash collection and toilet cleaning/stocking (but
not vault pumping).
3. County Open Space staff will assist BLM with data collection as its staffing levels
allow.
C. Roles and responsibilities related to Two Bridges River Access Site:
1. BLM shall administer commercial and organized group use of the 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.
2. While County owns the Property, County will collect a day use fee for the Property.
County will collect the fees and will first pay its expenses associated with
maintenance of the Property (for example trash collection and vault pumping) and
shall thereafter pay fifty percent (50%) of the remaining fees collected to BLM. Upon
written request (e-mail is acceptable) from County to BLM, designated BLM staff
may collect the day use fee for the Property as set forth in the written request and will
deliver the fees to the County for distribution as set forth in this paragraph.
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a. Upon conveyance of the Property to BLM, BLM will not initially charge fees
to the public for use of that Property. At such time as BLM determines to
collect fees for use, BLM shall be responsible for the same unless otherwise
mutually agreed to in writing by the Parties.
3. During the time County owns the Property it will maintain the existing building located
on the Property and allow BLM reasonable 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.
a. Upon conveyance of the Property to the BLM, the BLM shall be responsible
for the Property and the building. Notwithstanding the foregoing, the Parties
may enter into an agreement for future cooperative use of the building by the
Parties and for on-going oversight and patrol of the Property as set forth in
this MOU. BLM agrees that County may store its raft and trailer in the
existing building until such time as the BLM requires the entire building for
its purposes, as determined by the BLM in its sole discretion. At such time,
BLM shall notify County and County will remove the raft and trailer.
D. Notwithstanding anything herein to the contrary, the Parties acknowledge that no
particular service level is guaranteed and performance by BLM or County is based on
available appropriated funds and available staff. Each Party shall determine whether it
has funds and staff available to perform this MOU in its sole discretion.
E. It is mutually agreed:
1. This MOU shall not be interpreted to imply that the United States, the Department of
the Interior, or 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.
2. 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, Colorado.
VIII. Records
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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 the 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. Any
information furnished to the BLM under this MOU is subject to the Freedom of Information Act.
IX. Compliance with Applicable Laws and Regulations; Severability Clause
A. 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 applicable laws and regulations whether or not the laws and
regulations are specifically listed herein.
B. In carrying out this MOU, there shall be no discrimination against any person because of
race, color, national origin, sex, age, religion or disability.
X. Term, Amendment and Termination
A. Term of MOU:
1. This MOU becomes effective upon the date last signed and executed by the
authorized representatives of the Parties to this MOU as set forth in the signature
blocks below.
2. This MOU shall be reviewed by the Parties after the first year of operation to identify
any needed or desired changes or revisions.
3. This MOU will remain in effect for five (5) years from the execution date unless
terminated or cancelled prior to the expiration date.
B. Amendments:
The Parties may request changes to this MOU, which shall be effective only upon the
written agreement of all Parties.
C. Termination:
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This MOU may be terminated prior to the expiration date upon 90-day prior written
notice by either Party to the other to terminate this MOU.
XI. Signatures
A. All signatories have the appropriate delegation of authority to sign this MOU.
B. The Parties hereto have executed this MOU on the dates shown below.
//Signature Page Follows//
Eagle County, Colorado
By and through its Board of County
Commissioners
By: _____________________________
Kathy Chandler-Henry, Chair
Date: ___________________________
Bureau of Land Management
Colorado River Valley Field Office
By: _____________________________
Gloria Tibbetts, Acting Field Manager
Date: ___________________________
Attachment:
Exhibit A
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7/3/2018
8/7/2018
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Exhibit A
Designated Representative:
BLM Contact:
Kimberly Leitzinger
Outdoor Recreation Planner
2300 River Frontage Road
Silt, CO 81652
970-876-9075
kleitzinger@blm.gov
Eagle County Contact:
Diane Mauriello
Open Space Manager
500 Broadway
Post Office Box 850
Eagle, CO 81631
970-328-8698
Diane.Mauriello@eaglecounty.us
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