The purpose of this Memorandum of Understanding (MOU) provides a framework for cooperative agreements and activities designed to develop, maintain and enhance coldwater fishery resources on Department of Navy lands. such a cooperative arrangement has numerous benefits including an expansion of the positive role and image the Department of Navy has as a public lands steward, enhanced educational opportunities, increased public participation and an increased availability of resources.
This MOU is made and entered into by and between TROUT UNLIMITED (hereinafter referred to as TU)) and the DEPARTMENT OF THE NAVY (hereinafter referred to as DON) under the provisions of the Sikes Act, as amended 16 U.S.C. 670a-670f (1988).
Both parties to this agreement have responsibilities and interests in important habitats for myriad wildlife species. The parties agree that an increased effort should be made to identify and maintain existing coldwater fishery resources on DON lands. The parties further recognize and agree that a cooperative approach should be followed whenever practical to enhance existing coldwater resources.
The DON has a variety of responsibilities in managing its lands. Among these are the management of important habitats to the benefit of numerous wildlife species. Although the DON has numerous mandates and policies dictating land use toward mission training and testing, many opportunities exist to integrate sound natural resources-management as an essential component in the effective performance of the national defense mission.
One of the many conservation objectives of TU is to help perpetuate fish populations with existing coldwater resources. TU therefore desires to participate with cooperating land management agencies by developing and implementing programs on public lands.
In summary, implementation of this MOU will:
--Enhance existing natural resources management efforts that are necessary in the effective performance of the DON defense mission.
--Enhance the DONíS image as a good public lands steward with the general public, private conservation groups, and State and Federal Agencies.
--Improve enjoyment of coldwater fisheries on DON lands.
--Help protect those unique habitat types and reduce the potential for depletion of any associated fish and wildlife species.
NOW, THEREFORE, in consideration of the above premises, both parties agree as follows:
1.) Shall designate a national representative to meet at least annually with representatives of the DON to discuss and identify activities and projects consistent with the purposes of this agreement.
2.) May enter into site-specific agreements or other appropriate agreements individually or collectively with the DON to provide assistance or otherwise accomplish the agreed-upon work.
1.) Shall make available, where appropriate, Navy lands for the furtherance of this agreement, subject to applicable Federal laws, regulations, policies, land use, and mission activity plans, subject to approval by an authorized DON official administering the area involved.
2.) Shall provide leadership for the planning, implementation, and monitoring of work undertaken pursuant to this agreement and supplemental to this agreement.
3.) Shall designate a representative to meet annually with TU representatives to discuss and seek agreement on program proposals to meet the purposes of this agreement. The responsibility for organizing the meeting will be rotated on an annual basis between the parties.
4.) Shall assume operative, maintenance and other management costs associated with work undertaken pursuant to this agreement or may enter into agreements with appropriate organizations to contribute funds and/or services on a matching basis for such operation and maintenance
5.) May enter into site-specific agreements or other appropriate agreements, individually or collectively, with other parties to accomplish agreed-upon work that will be developed pursuant to this agreement.
6.) Shall coordinate planning for any programs with appropriate State agencies
IT IS MUTUALLY AGREED AND UNDERSTOOD BY AND AMONG THE SAID PARTIES THAT:
1.) This national-level agreement provides a policy framework for development of State and local-level agreements with participating organizations and agencies to conserve, restore, and enhance North Americaís trout, salmon, and steelhead--the ultimate indicators of good water and habitat quality--and their watershed of coldwater fisheries on DON lands.
2.) Assistance provided by TU to DON will be set forth in separate written agreements that specify the terms and conditions of such assistance. These agreements will be signed by the responsible agency official and the authorized TU representative.
3.) Assistance provided by TU is intended to supplement State and Federal funding or services and this MOU does not, in any way, exclude the DON from any requirements or responsibilities for management of Federal lands.
4.) Unless otherwise stated, all improvements placed on DON lands as a result of this cooperative initiative shall become the property of the United States and shall be subject to the same regulations and administration of those lands as all other improvements of a similar nature.
5.) This agreement in no way restricts the cooperating agencies and organizations from participating with other public and private agencies, organizations, and individuals; or from accepting contributions and gifts for the improvement, development, administration, operation, and maintenance of management areas; or from developing management areas on their own appropriate lands.
6.) Nothing in this agreement shall be construed as obligating the DON to expend, contract for, or otherwise commit to the future payment of money.
7.) Nothing in this agreement shall be construed as obligating TU to expend funds or provide resources or be involved in any obligation for future payment of money or providing of resources, except wherein provided by separate agreement per this MOU.
8.) The Governmentís liability shall be governed by the provisions of the Federal Tort claims Act (28 U.S.C. 2671-80).
9.) This agreement may be revised as necessary by mutual consent of all parties and by the issuance of a written amendment signed and dated by all parties.
10.) Any party may terminate participation under this agreement by providing 60 days written notice to the other. Unless terminated by written notice of all parties, this agreement will remain in force for a period of 5 years but may be extended by participatory parties.
11.) The parties shall not discriminate on the grounds of race, color, creed, sex, or national origin in the selection of participants for any work or program undertaken pursuant to this Agreement.
IN WITNESS WHEREOF, the parties have executed this agreement as of the date last written below.
DEPARTMENT OF THE NAVY
s/ Jacqueline E. Shafer
JACQUELINE E. SHAFER
Assistant Secretary of the Navy
Installations and Environment
s/ G. Richard Mode
G. RICHARD MODE