AUTHORITIES, STATUTES, LAWS

NRCS is authorized to cooperate and furnish assistance to the parties in the conservation of natural resources as referenced in the Soil Conservation and Domestic allotment Act, 16 U.S.C. 590. The Department of Agriculture Reorganization Act of 1994, Public Law 103-354; and the Secretary’s Memorandum No. 1010-1, Reorganization of the Department of Agriculture, dated October 20, 1994. The California authority is defined in California Public Resources Code, Division 9 and Public Resources Code, Section 614.

For the purpose of this CWA, boundaries referred to herein will be those of the District as determined by the California State Public Resources Code Division 9.

The purpose of this agreement is to supplement the Mutual Agreement between the United States Department of Agriculture by the State Conservationist and the Coarsegold Resource Conservation District as authorized by Public Law 103-354 and Secretary’s Memorandum NO. 1010-1 dated October 20, 1994. This Cooperative Working Agreement (CWA) documents those areas of common interest of the State, Federal and Local partnership in natural resources conservation. In the interest of advancing the concept of "locally led conservation," the District shall be responsible for exerting leadership to identify local resource needs, advocate for effective solutions and work with appropriate parties on implementation. To the extent possible, all signatories shall collaborate on the delivery of conservation through the Coarsegold Resource Conservation District. Used effectively, the partnership between the above entities will: Increase participation and understanding from landowners, citizen groups and other agencies; improve understanding of natural resource management issues; generate public support for viable recommendations; and reduce duplication of effort and contradictory mandates.

Personnel: Each party is responsible for the hiring, management, supervision, development, and evaluation of its own personnel, including creating an environment that supports a diverse, qualified workforce.

Training: The parties will provide appropriate leadership in administrative and technical training as determined by join natural resource conservation program needs. The parties will cooperate to offer training opportunities to each other.

Employment: The parties agree to work together to identify individual staffing needs to include the necessary disciplines for program delivery. Employee hiring, placement, personnel policies and evaluations which outline responsibilities of their respective employees and programs will be done independently by the employing agency outlining responsibility of their respective employees and program.

For the purpose of strategic planning, the signatories shall share information on job descriptions, program mandates, and operating guidelines outlining responsibilities of their respective employees as necessary.

The parties agree to work together to determine the amount of technical and administrative assistance needed for program delivery at each level, within available resources. Such assistance, as appropriate, may include contracts, agreements, procurement, personnel, engineering, soil and water resources and/or other assistance provided by the parties. Such arrangements will be identified in a separate letter of agreement on a project-by-project basis.

NRCS agrees to provide adequate staffing to the local field office, within NRCS budget constraints, to assist the District in implementing the objectives of this agreement. The parties agree to strive toward a high level of customer satisfaction and quality of service.

Reimbursable costs and billing requirements will be identified in a separate Letter of Agreement on a project by project basis.

The parties agree to work together in order to accomplish mutual resource conservation priorities identified by the District. The parties will actively seek funding to accomplish these priorities, where permissible. The parties will coordinate with public and private resource groups, and other resource agencies, and interested parties to share information and resources in developing comprehensive natural resource programs.

The District agrees to take the lead in the development and review of annual long-range workplans to define the conservation needs within the District's area of cooperation with other stakeholders.

Workplans should be tailored to meet individual needs as well as overall community watershed needs. Each District will have common and specialized priorities based on local community conditions.

The District will obtain necessary documentation of land rights, permits, and licenses needed for the implementation of the projects.

To the extent necessary to advance the purposes of the CWA, the parties agree to identify, define, and coordinate the collection and use of resource inventory data.

The parties will cooperate in monitoring and validating the resource inventory data to assure that the data meets the resource planning and evaluation process.

Site specific information obtained by NRCS, DOC, and RCDs will be filed in accordance with the provisions of the Freedom of Information Act and applicable state laws.

Freedom of Information Act: Requests for information from client records pursuant to the Privacy Act and the Freedom of Information Act, will be processed according to guidance in NRCS General Manual 120-408.

NRCS will inform the District about such requests, and the District will inform NRCS of requests they receive under the California Open Records Act. The District cooperator’s agreement must include responsibility to protect cooperators and limit District Director’s/Supervisor’s liability.

The District will utilize the NRCS Field Office Technical Guide (FOTG) and other science-based technical standards, as approved by the parties of this agreement. The parties will develop a process to establish and maintain consistent technical standards. Applicable agencies will participate in review and adoption of standards.

Each party agrees to assign job approval authority to its personnel based on knowledge, skill and ability levels and within applicable laws and guidelines.

The parties recognize that non-federal signatories may establish procedures to collect fees, where permissible, for delivery of such services which are not provided through Federal financial or technical assistance.

Subject to the requirements of State and Federal Laws, established guidelines and procedures, funding limits, and jointly developed policies, the parties will share office space, equipment and vehicles necessary for the conduct of work completed under this agreement.

The parties will work together to maximize available resources and actively seek funding to accomplish natural resource priorities and programs.

The parties will each assume responsibility for the actions of their officials or employees acting within the scope of their employment to the extent provided by federal and state law.

The parties agree to design and implement an outcome based evaluation system to determine that resource and customer needs are being met at the District level. The responsible person for the NRCS will be the District Conservationist assigned to the local field office; the responsible person for the Resource Conservation District will be the President of the Board of Directors or designated representative. All activity under this CWA will be coordinated by individuals identified above.

Authority to carry out specific projects or activities which involve the transfer of funds, acquisition of services, property or any other obligations, is not provided by this document and would need to be carried out under separate authority.

The parties will be in compliance with the nondiscrimination provisions contained in Titles VI and VII of the Civil Rights Act of 1964, as amended. The Civil Rights Restoration Act of 1987 (Public Law 100-259) and other nondiscrimination statutes, namely Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, Americans with Disabilities Act of 1990, and in accordance with regulations of the Secretary of Agriculture (7 CFR-15, Subparts A & B) which provide that no person in the United States shall, on the grounds of race, color, national origin, age, sex, religion, marital status, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance from the Department of Agriculture or any agency thereof.

TERMINATION

This agreement can be modified or terminated at any time by mutual consent of any party or can be terminated by any parties giving sixty (60) days written notice to the other parties.

This agreement supersedes the supplemental Memorandum of Understanding.

By: (signed) T. W. Wheeler

Title: Vice President
Date August 26, 1999

By: (signed) Donna C. Thomas
Title: President

Date: February 9, 1999

By: (signed)
Title:

Date: April 6, 1999

By: (signed)
Title: Director

Date: November 8, 1998