Press Room

Full text of BRC/FS MOU

Contacts:

• Adena Cook, Public Lands Consultant
  • Phone: (208) 524-3062
  • Fax: (208) 524-2836
  • Email: bradena@sharetrails.org
  • Webpage: http://www.sharetrails.org/staff/#AdenaC

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SERVICEWIDE MEMORANDUM OF UNDERSTANDING between the U.S. DEPARTMENT OF AGRICULTURE, FOREST SERVICE and the BLUERIBBON COALITION, INC.

02-SU-11132424-057

This Memorandum of Understanding (MOU) is made and entered into between the U.S. Department of Agriculture, Forest Service, hereinafter referred to as FS, and the BlueRibbon Coalition, Inc., hereinafter referred to as BRC.

A. PURPOSE

The purpose of this MOU is to develop and expand a framework of cooperation upon which mutually beneficial programs, projects, training, and other recreation or trail activities may be planned and accomplished on National Forest System (NFS) lands by the FS and BRC working cooperatively at the national, regional, and local level. Such programs, projects and activities complement the FS mission and are in the best interests of the public.

B. INTRODUCTION

The FS is a land management organization dedicated to the management of NFS lands for a variety of uses and activities including outdoor recreation. The FS is interested in providing a variety of diverse recreational opportunities that are environmentally sensitive, educational and support community objectives that contribute to local and regional economies and quality of life.

BRC is a national organization of both motorized and non-motorized recreationists and is a recognized leader in establishing trail and land-use ethics on responsible back country use, volunteerism, and fostering appropriate land-use management on Federal and non-Federal lands. BRC members desire to use the National Forests for recreational purposes, and through subsequent agreements may provide support, volunteer labor and/or funds to the FS for accomplishment of mutually beneficial recreational projects or activities.

There is a need to actively promote public-private partnerships that encourage responsible use of public lands. Both the FS and BRC share the common interest of providing information to the public on such subjects as conservation, recreation and natural resource activities as they relate to recreation on public lands.

In consideration of the above premises, the parties agree as follows:


C. THE FOREST SERVICE SHALL:

1. Work with BRC and its affiliate organizations to identify appropriate partnership opportunities (trail projects, administrative studies, education programs, etc.) and jointly pursue such projects together with the recreation and trail community and FS districts nationwide, contingent upon

availability of funds and personnel and subject to compliance with applicable federal law, regulations, Forest Plans or other FS management direction.

2. Encourage local FS officials to participate with BRC office staff, representatives, affiliate organizations and members in the development of mutually beneficial work projects and educational activities.

3. Where appropriate, make BRC information available to the public regarding the development and presentation of training materials related to responsible recreational land-use and ethics, trail construction and maintenance, and the availability of recreational opportunities on NFS lands.

4. Make NFS lands available for recreation related activities, subject to applicable Federal laws, regulations, Forest Plans and other management direction.

5. In accordance with The Federal Advisory Committee Act, include and utilize BRC's and its affiliates' technical expertise in developing FS programs and management as they relate to recreation use.

6. Work with BRC and its affiliate organizations to identify and pursue funding opportunities for facilities and trail improvement and maintenance from sources outside federal appropriations and programs, such as state sponsored grant programs or private grant programs, subject to compliance with applicable federal laws and regulations.


D. BLUERIBBON COALITION, INC. SHALL:

1. Work with the FS to identify appropriate partnership opportunities (trail projects, administrative studies, education programs, etc.) and jointly pursue such projects or activities, when appropriate, and to facilitate improved understanding and communication between recreational users, public agencies, and the general public.

2. Develop and maintain a communication network for contacting recreationists through a system of local and regional BRC organizations.

3. Provide technical assistance to land managers and communities involved in recreational projects, educational activities, opportunities, and management.

4. Maintain a database and library of publications related to BRC activities that can be made available to the public.

5. Provide training and instructions to its members, and the public when appropriate, regarding Tread Lightly! and other back country recreational land-use ethics programs, and encourage the incorporation of these programs in all activities.

6. Obtain FS approval prior to publication of any cooperative FS/BRC printed materials intended for public distribution regarding recreational activities on NFS lands.


E. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT:

FREEDOM OF INFORMATION ACT (FOIA). Any information furnished to the Forest Service under this instrument is subject to the Freedom of Information Act (5 U.S.C. 552).

MODIFICATION. Modifications within the scope of the instrument shall be made by mutual consent of the parties, by the issuance of a written modification, signed and dated by all parties, prior to any changes being performed.

PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts the Forest Service or the Cooperator(s) from participating in similar activities with other public or private agencies, organizations, and individuals.

COMMENCEMENT/EXPIRATION DATE. This MOU becomes effective upon signature by all parties and, unless terminated, shall be in force for five years from the date of the last signature, at which time it is subject to review and renewal or expiration. Each party in this MOU reserves the right to withdraw from this agreement, or any part thereof, at any time upon 30 days written notice. The agreement may continue with the remaining parties. Additional parties may be added to this MOU, and the MOU may be modified or amended, with the concurrence of the present parties.

TERMINATION. Any of the parties, in writing, may terminate the instrument in whole, or in part, at any time before the date of expiration.

PRINCIPAL CONTACT. The principal contacts for this instrument are:

Dispersed Recreation Program Manager
USDA Forest Service
RH&WR (4CEN Yates)
P.O. Box 96090
Washington, D.C. 20090-6090
PHONE 202-205-1313
FAX 202-205-1145

Executive Director
BlueRibbon Coalition, Inc.
P.O. Box 5449
Pocatello, ID 83202-0003
PHONE 800-258-3742
FAX 208-237-9424

The local contact persons for FS are District Rangers, who may enter into subsequent agreements and partnerships as needed at the local levels to accomplish portions of this MOU.


7. NON FUND-OBLIGATING DOCUMENT. This MOU is neither a fiscal nor a funds obligation document. Any endeavor involving reimbursement or contribution of funds between the parties to this MOU will be handled in accordance with applicable laws, regulations, and procedures, including those for Government procurement and printing. Such endeavors will be outlined in separate subsidiary agreements that shall be made in writing by representatives of the parties and shall be independently authorized by appropriate statutory authority. This MOU does not provide such authority. Specifically, this MOU does not establish authority for noncompetitive award to BRC of any contract or other agreement. Any contract or agreement for training or other services must comply fully with all applicable requirements for competition. Nothing in this MOU will be construed as affecting the authorities of the participants or as binding beyond their respective authorities or to require any of the participants to obligate or expend funds.

8. NONDISCRIMINATION. During the performance of this agreement, all parties will abide by the terms of Executive Order 11246 on nondiscrimination and will not discriminate against any person because of age, race, color, religion, sex, national origin, or disability.

9. CONFLICT. Nothing herein is intended to conflict with current Department of Agriculture or BRC directives. If any term of this agreement is deemed inconsistent with those directives, then the portions of this agreement that are inconsistent shall be null and void; but the remaining terms and conditions will remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this MOU as of the last written date below.

RICHARD W. PATERSON (Date: 02-07-02)
Acting Director, Recreation, Heritage and Wilderness Resources, Forest Service

CLARK COLLINS (Date: 02-22-02)
Executive Director, BlueRibbon Coalition, Inc.