HomeMy WebLinkAboutC22-395 MOU_USDA, Forest Service White River National Forest USDA, Forest Service OMB 0596-0217
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FS Agreement No. 23-MU-11021500-005
Cooperator Agreement No.
MEMORANDUM OF UNDERSTANDING
Between
EAGLE, COUNTY OF
And The
USDA, FOREST SERVICE
WHITE RIVER NATIONAL FOREST
This MEMORANDUM OF UNDERSTANDING (MOU) is hereby made and entered
into by and between Eagle, County of, hereinafter referred to as “the County,” and the
United States Department of Agriculture (USDA), Forest Service, White River National
Forest, hereinafter referred to as the “U.S. Forest Service.”
Background: Parties to this MOU desire to clarify the approval process for the use of
motorized equipment and mechanical transport for search and rescue operations while
minimizing impacts to the resources and values associated with the National Wilderness
Preservation System.
Title: Search and Rescue Operations in Wilderness
I. PURPOSE: The purpose of this MOU is to document the cooperation between the
parties to clarify the approval process for use of motorized and mechanical
equipment for search and rescue purposes and to minimize impacts to wilderness
resources and values in the following wilderness areas: Eagles Nest Wilderness;
Flat Tops Wilderness; & Holy Cross Wilderness in accordance with the following
provisions.
II. STATEMENT OF MUTUAL BENEFIT AND INTERESTS:
The Eagle County Sheriff has the responsibility for search and rescue operations on all
lands within Eagle County.
The U.S. Forest Service has the responsibility for the management and resource
protection of National Forest System lands, including wilderness within the White River
National Forest. The Parties to this Agreement will meet the intent of the Wilderness Act
of September 3, 1964, P.L. 88-577.
It is in the mutual benefit of both parties to develop search and rescue procedures in
wilderness that allow for a timely response to life-threatening situations while protecting
the wilderness resource. To protect the wilderness resource, the Wilderness Act generally
prohibits the use of motorized equipment and mechanical transport. Exceptions may be
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made when necessary to meet minimum requirements for the administration of the area,
including measures required in emergencies involving the health and safety of persons.
In consideration of the above premises, the parties agree as follows:
III. THE COUNTY SHALL:
A. Request authorization from the Forest Service for the use of motorized vehicles
and equipment and mechanical transport in wilderness for all search and rescue
operations not covered in the Section IV, Letter A, No. 1 or 2.
B. Make use of motorized equipment or mechanical transport within wilderness
without prior request of the Forest Service only as set forth above in Section IV,
Letter A, No. 1 or 2 of this MOU.
C. Make only the minimum necessary use of motorized equipment or mechanical
transport within the wilderness.
D. Ensure that all search and rescue operations minimize resource impacts and
impacts to wilderness visitors.
E. Report to the Forest Service Project Contact all “approved without prior request”
search and rescue operations within 48 hours of the beginning of operations.
F. Submit a written report (see Exhibit B.) of the incident to the Forest Service
within 7 days of the search and rescue operation. This report should include the
following information:
i. Name and contact information for the reporting agency
and reporting party.
ii. Date, time, location and description of the incident.
iii. Method and route of motorized/mechanized travel by search
and rescue personnel in the wilderness.
IV. THE U.S. FOREST SERVICE SHALL:
A. Approve, without prior request from the County, the use of motorized vehicles
and equipment and mechanical transport, in wilderness, only to the extent
necessary and with minimum equipment and personnel (see Exhibit A for
definitions), as follows:
1. RESCUE:
i. Removal of people with obvious life-threatening injuries.
ii. Removal of people whenever there is the strong possibility
that an injury may be life-threatening or an individual faces a
life-threatening situation.
iii. Removal of deceased persons.
iv. When the topography or footing is so hazardous that it will
expose the injured party or rescue team to the probability of
additional or new serious injury.
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2. SEARCH:
v. When there is good reason to believe that the missing person
has a life- threatening injury.
vi. When there is good reason to believe the missing person will
be placed in a life-threatening situation as the result of a
predicted adverse change in the weather.
vii. When the potential rescuers are not physically capable of
accomplishing the search without motorized vehicles and
equipment or mechanical transport.
viii. When there is an external emergency situation requiring
immediate location of a person within the wilderness.
ix. When the topography or footing is so hazardous that it will
expose the search team to the probability of additional or
new serious injury.
V. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN
THE PARTIES THAT:
A. They will meet annually, at a minimum, to review all wilderness search and
rescue operations that occurred within their county during the previous calendar
year.
B. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their
respective areas for matters related to this agreement.
Principal Cooperator Contacts:
Cooperator Program Contact Cooperator Administrative Contact
James Van Beek
885 Chambers Avenue
Eagle, CO 81631
Telephone: 970-328-8509
Email: james.vanbeek@eaglecounty.us
Dan Loya
885 Chambers Avenue
Eagle, CO 81631
Telephone: 970-328-8685
Email: daniel.loya@eaglecounty.us
Principal U.S. Forest Service Contacts:
U.S. Forest Service
Program Manager Contact
U.S. Forest Service
Administrative Contact
Mike Beach, Recreation Staff Officer
24747 US Highway 24, PO Box 190
Minturn, CO 81645
Phone: 970-827-5159
FAX: 970-827-9343
Email: michael.beach@usda.gov
Alex Specht, Grants Management
Specialist
900 Grand Avenue
Glenwood Springs, CO 81601
Telephone: 970-945-3227
Email: alex.specht@usda.gov
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C. NOTICES. Any communications affecting the operations covered by this
agreement given by the U.S. Forest Service or the County is sufficient only if in
writing and delivered in person, mailed, or transmitted electronically by e-mail or
fax, as follows:
To the U.S. Forest Service Program Manager, at the address specified in the
MOU.
To the County, at the County’s address shown in the MOU or such other
address designated within the MOU.
Notices are effective when delivered in accordance with this provision, or on the
effective date of the notice, whichever is later.
D. PARTICIPATION IN SIMILAR ACTIVITIES. This MOU in no way restricts
the U.S. Forest Service or the County from participating in similar activities with
other public or private agencies, organizations, and individuals.
E. ENDORSEMENT. Any of the County’s contributions made under this MOU do
not by direct reference or implication convey U.S. Forest Service endorsement of
the County's products or activities.
F. NONBINDING AGREEMENT. This MOU creates no right, benefit, or trust
responsibility, substantive or procedural, enforceable by law or equity. The
parties shall manage their respective resources and activities in a separate,
coordinated and mutually beneficial manner to meet the purpose(s) of this MOU.
Nothing in this MOU authorizes any of the parties to obligate or transfer anything
of value.
Specific, prospective projects or activities that involve the transfer of funds,
services, property, and/or anything of value to a party requires the execution of
separate agreements and are contingent upon numerous factors, including, as
applicable, but not limited to: agency availability of appropriated funds and other
resources; cooperator availability of funds and other resources; agency and
cooperator administrative and legal requirements (including agency authorization
by statute); etc. This MOU neither provides, nor meets these criteria. If the
parties elect to enter into an obligation agreement that involves the transfer of
Field Contact
Katherine Bazan, Trails and Wilderness
24747 US Highway 24, PO Box 190
Minturn, CO 81645
Phone: 970-827-5181
FAX: 970-827-9343
Email: Katherine.bazan@usda.gov
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funds, services, property, and/or anything of value to a party, then the applicable
criteria must be met. Additionally, under a prospective agreement, each party
operates under its own laws, regulations, and/or policies, and any Forest Service
obligation is subject to the availability of appropriated funds and other resources.
The negotiation, execution, and administration of these prospective agreements
must comply with all applicable law.
Nothing in this MOU is intended to alter, limit, or expand the agencies’ statutory
and regulatory authority.
G. USE OF U.S. FOREST SERVICE INSIGNIA. In order for the County to use the
U.S. Forest Service insignia on any published media, such as a Web page, printed
publication, or audiovisual production, permission must be granted from the U.S.
Forest Service’s Office of Communications. A written request must be submitted,
and approval granted in writing by the Office of Communications (Washington
Office) prior to use of the insignia.
H. MEMBERS OF U.S. CONGRESS. Pursuant to 41 U.S.C. 22, no U.S. member of,
or U.S. delegate to, Congress shall be admitted to any share or part of this
agreement, or benefits that may arise therefrom, either directly or indirectly.
I. FREEDOM OF INFORMATION ACT (FOIA). Public access to MOU or
agreement records must not be limited, except when such records must be kept
confidential and would have been exempted from disclosure pursuant to Freedom of
Information regulations (5 U.S.C. 552).
J. TEXT MESSAGING WHILE DRIVING. In accordance with Executive Order
(EO) 13513, “Federal Leadership on Reducing Text Messaging While Driving,”
any and all text messaging by Federal employees is banned: a) while driving a
Government owned vehicle (GOV) or driving a privately owned vehicle (POV)
while on official Government business; or b) using any electronic equipment
supplied by the Government when driving any vehicle at any time. All cooperators,
their employees, volunteers, and contractors are encouraged to adopt and enforce
policies that ban text messaging when driving company owned, leased or rented
vehicles, POVs or GOVs when driving while on official Government business or
when performing any work for or on behalf of the Government.
K. TERMINATION. Any of the parties, in writing, may terminate this MOU in
whole, or in part, at any time before the date of expiration.
L. DEBARMENT AND SUSPENSION. The County shall immediately inform the
U.S. Forest Service if they or any of their principals are presently excluded,
debarred, or suspended from entering into covered transactions with the federal
government according to the terms of 2 CFR Part 180. Additionally, should the
County or any of their principals receive a transmittal letter or other official Federal
notice of debarment or suspension, then they shall notify the U.S. Forest Service
SCOTT FITZWILLIAMS
Digitally signed by SCOTT
FITZWILLIAMS
Date: 2022.12.08 07:58:39 -07'00'
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Burden Statement
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of
information unless it displays a valid OMB control number. The valid OMB con trol number for this information collection is 0596-0217. The time
required to complete this information collection is estimated to average 3 hours per response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, c olor, national origin, age,
disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs,
reprisal, or because all or part of an individual’s income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons
with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, et c.) should contact USDA’s
TARGET Center at 202-720-2600 (voice and TDD).
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 2 0250-9410 or
call toll free (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642
(relay voice). USDA is an equal opportunity provider and employer.
Exhibit A
Definitions
1. Motorized Equipment - Machines that use a motor, engine, or other nonliving power sources. This
includes, but is not limited to, such machines as chain saws, aircraft, snowmobiles, generators,
motorboats, drones, and motor vehicles. It does not include small battery or gas-powered hand carried
devices such as shavers, wristwatches, flashlights, cameras, stoves, or other similar small equipment.
2. Mechanical Transport - Any contrivance for moving people or material in or over land, water, or air,
having moving parts, that provides a mechanical advantage to the user, and that is powered by a living or
nonliving power source. This includes, but is not limited to, sailboats, hang gliders, parachutes, bicycles,
game carriers, carts, and wagons. It does not include wheelchairs when used as necessary medical
appliances. It also does not include skis, snowshoes, rafts, canoes, sleds, travois, or similar primitive
devices without moving parts.
3. Minimum Necessary - The concept of “minimum necessary” comes from Section 4(c) of the
Wilderness Act of 1964:
“…except as necessary to meet minimum requirements for the administration of the area for
the purpose of this Act (including measures required in emergencies involving the health and
safety of persons within the area), there shall be no temporary road, no use of motor vehicles,
motorized equipment or motorboats, no landing of aircraft, no other form of mechanical
transport….”
Exhibit B
White River National Forest
Search and Rescue Information Report
Date:
1. Name of Reporting Agency:
2. Name(s) and Contact information for the Person Reporting Incident:
3. Name(s) of Missing/ Injured or Lost Person:
4. Date of Incident: Time of Incident:
5. Wilderness Name:
6. Location Description and GPS Coordinates:________________________________
7. Reason for using Motorized /Mechanical Transport:_________________________
______________________________________________________________________
8. Motorized Equipment/Mechanical Transport Used:
Equipment
Type (i.e.
ATV,
snowmobile,
helicopter,
etc.)
Unit of
Measure
(i.e. flights,
days, hours,
landings)
Quantity Date
Authorized
Actual
Start
Date
Actual
End
Date
Who
Authorized
the Use
Additional Comments:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Date Sheriff Notified: ____________________Date Forest Service: ___________________
Notified: _______________________________Time:________________________________
* Submit report to Forest Service Project Contact within 7 days of incident.
Katherine Bazan, Katherine.bazan@usda.gov or Fax #970-274-9249
ATTACHMENT C
Eagle County Sheriff Notification Information for the White River National Forest
1. For mechanical transport/motorized equipment use authorization, for all search and rescue
operations not covered in Section IV, Letter A, No. 1 or 2 of this MOU.
Contact: Scott Fitzwilliams, Forest Supervisor. Phone Number (970) 945-3200
2. Dispatch Center Notification to District Line Officer:
EAGLE-HOLY CROSS RANGER DISTRICT
Leanne Veldhuis, District Ranger, Phone Number (970) 471-1796
3. WHITE RIVER NATIONAL FOREST FIRE CONTACT INFORMATION
Upper Colorado River Interagency Fire and Aviation Unit-
Grand Junction Dispatch Center - Phone Number (970) 972-4526
