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HomeMy WebLinkAbout05- Gallatin National Forest FS Agreement No. 05-MU-ll01100-01 0 MEMORANDUM OF UNDERSTANDING Between the CITY OF BOZEMAN, MONT ANA And the GALLATIN NATIONAL FOREST This MEMORANDUM OF UNDERSTANDING (MOD) is hereby entered into between the City of Bozeman, Montana, hereinafter referred to as the City, and the USDA Forest Service, Gallatin National Forest, hereinafter referred to as the Forest Service. A. PURPOSE The purpose ofthe MOD is to establish a framework for cooperation between the parties to maintain (in the long term) a high-quality, predictable water supply for Bozeman through cooperative efforts in implementing sustainable land management practices. This cooperation serves the mutual interest ofthe parties and the public. B. STATEMENT OF MUTUAL BENEFIT AND INTERESTS: Whereby the public water supply for the City of Bozeman comes primarily from watersheds south of Bozeman that are largely National Forest System lands, the Forest Service and the City of Bozeman share a role in ensuring the long-term quality and quantity of water to city residents. The following objectives are in the mutual interest of the parties in order to meet this responsibility: . Implement vegetation management projects that will begin to reduce the severity and extent of wildland fires in the Bozeman and Hyalite Municipal Watersheds. . Focus on treatments that will begin to reduce the risk of excess sediment and ash reaching the municipal water treatment plant in the event of a severe wildland fire. . Provide for firefighter and public safety by beginning to modify potential fire behavior. . Reduce fuels in the wildland/urban interface (WUI) to reduce potential fire spread and intensity between National Forest System lands and adjacent private lands. C. THE CITY SHALL: 1. Assign staff to the Bozeman Municipal Watershed project. 2. Coordinate regularly with the Forest Service in the development, planning and implementation of any projects in the municipal watersheds. 3. Share information in City databases regarding City lands and water treatment facilities relevant to planning and implementation of projects within the municipal watershed. Page I of 4 FS Agreement No. 05-MU-ll01100-010 4. Work with the Forest Service to hold public meetings or share information with the public regarding management activities within the municipal watershed. D. THE FOREST SERVICE SHALL: 1. Assign staff to the Bozeman Municipal Watershed Project 2. Coordinate regularly with the City in the development, planning and implementation of any projects in the municipal watersheds. 3. Develop maps and share information in Forest Service databases for vegetation, fire history, wildlife habitat, road systems and other relevant National Forest source material for the planning and implementation of projects within the municipal watershed. 4. Work with the City to hold public meetings or share information with the public regarding management activities within the municipal watershed. E. IT IS MUTUALLY AGREED AND UNDERSTOOD BY BOTH PARTIES THAT: 1. PRINCIPAL CONTACT: The principal contacts for this agreement are: Forest Service Project Contact City Project Contact Jim Devitt - Team Leader Ron Brey Gallatin National Forest City of Bozeman P.O. Box 130 P.O. Box 1230 Bozeman, MT 59771 Bozeman, MT 59771 Phone: 406-587-6749 Phone: 406-582-2307 FAX: 406-587-6758 FAX: 406-582-2323 E-Mail: jdevitt{lUfs.fed.us E-Mail: rbrey@bozeman.net Forest Service Administrative Contact City Administrative Contact Frank Preite, Administrative Officer Ron Brey, Assistant City Manager Gallatin National Forest City of Bozeman P.O. Box 130 P.O. Box 1230 Bozeman, MT 59771 Bozeman, MT 59771 Phone: 406-587-6757 Phone: 406-582-2307 FAJ(:406-587-6758 FAX: 406-582-2323 E-Mail: fpreite@fs.fed.us E-Mail: rbrey@bozeman.net 2. FREEDOM OF INFORMA nON ACT (FOIA). Any information furnished to the Forest Service under this agreement is subject to the Freedom ofInformation Act (5 U.S.C. 552). Page 2 of 4 FS Agreement No. 05-MU-llOllOO-010 3. PARTICIPATION IN SIMILAR ACTIVITIES. This MOU in no way restricts the Forest Service or the City from participating in similar activities with other public agencies, organizations, and individuals. 4. RESPONSIBILITIES OF PARTIES. The Forest Service and the City and their respective agencies and office will handle their own activities and utilize their own resources, including the expenditure of their own funds, in pursuing these objectives. Each party will carry out its separate activities in a coordinated and mutually beneficial manner. 5. NON-FUND OBLIGATING DOCUMENT: Nothing in this MOU shall obligate either the Forest Service or the City to obligate or transfer any funds. Specific work projects or activities that involve the transfer of funds, services, or property among the various agencies and offices ofthe Forest Service and the City will require execution of separate instruments and be contingent upon the availability of appropriated funds. Appropriate statutory authority must independently authorize such activities. This MOU does not provide such authority. Negotiation, execution, and administration of each such instrument must comply with all applicable statues and regulations. 6. ESTABLISHMENT OF RESPONSIBILITY. This MOU is not intended to, and does not create, any right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity, by a party against the United States, its agencies, its officers, or any person. 7. COMMENCEMENT/EXPIRATION/TERMINATION. This MOU takes effect upon the signature of the Forest Service and the City and shall remain in effect for five years from the date of execution. This MOU may be extended or amended upon written request of either the Forest Service or the City and the subsequent written concurrence ofthe other(s). Either the Forest Service or the City may terminate this MOU with a 30-day written notice to the other(s). 8. AUTHORIZED REPRESENTATIVES. By signature below, the City certifies that the individuals listed in this document as representatives of the City are authorized to act in their respective areas for matters related to this agreement. The authority and format of this agreement have been reviewed and approved for signature. Isl Danielle L. Price March 4, 2005 Danielle L. Price, FS Agreements Specialist Date Ph: 406-683-3919 Page 3 of 4 FS Agreement No. 05-MU-II01100-010 In witness whereof, the parties hereto have executed this agreement as of the last date written below. CQ~~ .~ -ct-or CHRIS KUKULSKI, City Manager Date City of Bozeman ~O~~eL-(~~ :,-\l-D'S REBECCA HEATH, Forest Supervisor Date Gallatin National Forest Page 4 of 4