MOU
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COOPERATIVE WORKING AGREEMENT Between
the NATIONAL WILD TURKEY FEDERATION [NWTF] and the COARSEGOLD RESOURCE
CONSERVATION DISTRICT-EASTERN MADERA COUNTY FIRE SAFE
COUNCIL JOINT POWERS AUTHORITY [JPA] THIS AGREEMENT is made and entered into on August 1, 2006 between the above listed parties. AUTHORITIES, STATUTES, LAWS The USDA has committed its resources, through a Mutual Agreement signed by the Secretary of Agriculture, to work with State governments, and Conservation District under the Cooperative Forestry Assistance Act of 1978 (Section 10(a), 16 USC 21009). The NRCS of the USDA is authorized to cooperate and furnish assistance to the parties in the conservation of natural resources as referenced the Soil Conservation and Domestic Allotment Act, 16 U.S.C.590; the Department of Agriculture Reorganization Act of 1994, Public Law103-354; Secretary’s Memorandum NO.1010-1 dated October20, 1994; the California authority is defined in California Public Resources Code, Division 9 and PRC, Section 614; CRCD-FSC Joint Powers Authority dated June 24, 2004; and the NWTF by-laws and authorities and the MOU dated July 5, 2005 between the NWTF and National Association of Conservation Districts. STATEMENT OF PURPOSE It is mutually agreed that all signatory parties
shall cooperate within their individual established policies, regulations,
procedures, and plans to act within this partnership on public and private
lands in the social, cultural, economic and protection of said values, and
integration of management of all natural resources of the Region. The
Region is identified as all lands in Madera County from the 1,000 feet
elevation to the crest of the Sierra-Nevada Mountains. The purpose of this MOU is to establish a framework
of cooperation between the JPA and NWTF relative to maintaining and
enhancing the productivity of wild turkey and other wildlife habitats on
private and public lands. Such activities include, but are not limited to:
wild turkey and habitat conservation projects; habitat restoration;
provisions of technical assistance; delivery of information and programs;
and develop habitat enhancement techniques. This also includes
‘Out-reach’ programs for education, training, and enjoyment of the
Natural Resources and Habitats. Special Handicap access and utilization of
the resource shall be provided. Each party is independent, has its respective responsibilities, and yet recognizes the need to coordinate as a Federal, State, local, landowner partnership for successful delivery of conservation programs related to our natural resources and environs of human and wildlife needs. Therefore, the parties will cooperate in implementation of the respective long-range resource programs considering available resources, statutory authorities and regulations. IT IS UNDERSTOOD THAT Broad based forestry and wildlife conservation
programs, including management of habitats and environs of all living
things, delivered through the cooperation and partnership are vital to the
conservation of the natural resources, economic stability and well being
of our nation. All parties affirm the desire for a strong working
relationship between the partners. This agreement establishes an enduring basis for
cooperation and assistance between the parties to achieve common natural
resources conservation goals and objectives. Authority to carry out
specific projects or activities, such as transfer of funds, acquisition of
services, and property, or carry out programs on lands of another partner
shall be done under separate fund or authorization obligation document
between individual parties involved. All specific future projects will be conducted under
separate fund obligation documents made in writing and authorized by the
appropriate statutory authority. This agreement shall not be construed to
affect the private ownership or private property rights within the area of
influence. The agreement does in no way affect the statutory authority of
the State of California on public lands under their administration. Cooperative projects on federal lands are subject to
the National Environmental Policy Act of 1969, as amended, and all
cooperative projects of private or State lands are subject to the
California Environmental Quality Act of 1970 as amended. Technical assistance of one partner too another is
discretionary on the part on either party based on landowner jurisdiction
and ownership statutory authority. This agreement in no way restricts any party from
participating in similar activities with other public or private agencies,
organizations, landowners, and individuals. This agreement may be terminated at any time by
mutual consent of the parties or can be terminated by one party by giving
60 days written notice to the other parties. One party of this agreement can cooperate
independently with another party without the involvement of any other
member of this agreement. The signatories 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 (7CRF1, Subparts A and B.). These provide that no
person in the United States shall, on the grounds of race, color, national
origin, age, gender, religion, marital status, or disability be excluded
from participation in, be denied the benefits of, or otherwise subjected
to discrimination under any program or activity receiving funding
assistance from Federal, State of California, or Private contributions, or
any Agency or party thereof. This agreement is neither a fiscal nor a funds obligation document. Any provision of this agreement or endeavor involving reimbursement or contribution of funds among the parties is subject to the availability of appropriations and will be handled in accordance with applicable laws, regulations and procedures, including those for Government procurement and printing. Any endeavor among the parties which is not expressly provided for by the terms of this agreement, will be outlined in a separate agreement that be made in writing by representatives of the parties, and shall be independently authorized by appropriate statutory authority. This agreement does not provide such authority. Specifically, this agreement does not establish authority for noncompetitive award to another party. Any agreement for training or other services must fully comply with all applicable requirements for completion. BOARD OF DIRECTORS AND MEETINGS Each party of this agreement shall independently
select one member of the party to serve on the Board of Directors for this
agreement, and shall meet quarterly in North Fork to coordinate all
activities covered under this Agreement. SIGNATORY PAGE OF ALL MEMBERS.
(Signed) |
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