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HomeMy WebLinkAboutC20-343 Bureau of Land Management - Kremmling MOUBLM-MOU-KFO-20-0 MEMORANDUM OF UNDERSTANDING BETWEEN UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT KREMMLING 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, Kremmling 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 education, interpretation and support of visitor management to BLM managed lands and Eagle County along the Upper Colorado River on the terms and conditions set forth herein; and B.Eagle County lands along the Upper Colorado that are subject to this MOU (i) Colorado River corridor within Eagle County C.The BLM currently operates the following sites along the Upper Colorado that are subject to this MOU (i) Radium Recreation Site, (ii) Colorado River corridor within Eagle County and (iii) State Bridge (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. Eagle 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. B.The BLM Sites will be operated by the BLM in accordance with its applicable rules and regulations. DocuSign Envelope ID: 3267C36E-EE8F-4DDE-83A9-45F2ECCC67CE C20-343 2 C. BLM remains responsible for permitting commercial use of the Colorado River through its lands. This MOU will not modify that program. D. 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. VI. Roles and Responsibilities A. BLM roles and responsibilities include: 1. BLM will assist with implementing Eagle County rules and regulations through education and interpretation. Although BLM non-Law Enforcement staff does not possess the ability to enforce Eagle County rules and regulations, they may assist through education and reporting incidents to Eagle County. 2. BLM will assist Eagle County through occasional patrols and coordinating partner agency Site visits and presentations as staffing allows. DocuSign Envelope ID: 3267C36E-EE8F-4DDE-83A9-45F2ECCC67CE 3 3. BLM will assist Eagle County in providing support for emergency service operations as staffing allows and within staff qualifications. 4. BLM will share visitor use data to the extent collected regarding the Sites. 5. BLM will cooperatively work with Eagle County to review, develop and update as necessary literature and signage that provide visitors to Sites the appropriate resource and contact information. 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, they 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 will serve as lead role in Search and Rescue (SAR) operations at Sites and along the River corridor within Eagle county, unless BLM qualified staff is present, or an immediate response is required on BLM managed lands. 4. County Open Space staff will assist BLM with partnering agency Site visits, presentations and data collection as staffing allows. 5. Eagle County will cooperatively work with BLM to review, develop and update as necessary literature and signage that provide visitors to Sites the appropriate resource and contact information. C. 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. D. 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. DocuSign Envelope ID: 3267C36E-EE8F-4DDE-83A9-45F2ECCC67CE 4 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 Kremmling Field Office, Kremmling, Colorado. 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. The cooperating agencies will keep confidential and protect from public disclosure any and all documents related to, or generated by this agreement. BLM will determine their suitability for public review or release under the provisions of the Freedom of Information Act (FOIA), Privacy Act, and in accordance with Department of Interior or BLM regulations. 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. DocuSign Envelope ID: 3267C36E-EE8F-4DDE-83A9-45F2ECCC67CE 5 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: 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. Eagle County, Colorado By and through its Board of County Commissioners By: _____________________________ Kathy Chandler-Henry, Chair Date: ___________________________ Bureau of Land Management Kremmling Field Office By: _____________________________ William Mills, Field Manager Date: ___________________________ DocuSign Envelope ID: 3267C36E-EE8F-4DDE-83A9-45F2ECCC67CE 9/8/2020 9/20/2020 6 Exhibit A Designated Representative: BLM Contact: John Monkouski Outdoor Recreation Planner 2103 East Park Ave. Mailing – PO Box 68 Kremmling, CO 80459 970-724-3040 jmonkous@blm.gov Eagle County Contact: Katherine King Open Space Director 500 Broadway Post Office Box 850 Eagle, CO 81631 970-328-8698 DocuSign Envelope ID: 3267C36E-EE8F-4DDE-83A9-45F2ECCC67CE