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Memorandum of Understanding Template 070301 by owen213

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									                                                     FS Agreement No.             02-MU-1102
                                                     Cooperator Tax ID No.
                                                     Cooperator Agreement No.
                                                                                                11/18/09

                             MEMORANDUM OF UNDERSTANDING
                                           BETWEEN
   THE {Insert formal Tribal name as shown on BIA listing of federally recognized tribes}
                                               AND
                     UNITED STATES DEPARTMENT OF AGRICULTURE
                           FOREST SERVICE, SOUTHERN REGION
                                      {Insert Forest name}

This MEMORANDUM OF UNDERSTANDING (MOU) is hereby made and entered into by and
between the {insert Tribe} , hereinafter also referred to as Tribe, and United States Department of
Agriculture Forest Service, Southern Region, {insert Forest}, hereinafter also referred to as
Forest.

A. PURPOSE:

The purpose of executing this MOU is to formalize the relationship between the {Tribe} and the
{Forest} that has existed informally since {insert year, or “for the last X years”, or “in the recent
past”, etc}.

The Forest Service recognizes the trust responsibility of the Federal Government to Indian Tribes
and status of the {Tribe} as a sovereign domestic dependent nation and a Federally Recognized
American Indian Tribe with historical interests in the conservation and management of the
natural and cultural resources of lands administered by the Southern Region of the Forest
Service in general, and the {Forest} in particular.

By implementation of this Memorandum of Understanding, both parties agree that a formal
Government-To-Government relationship exists between them, based on the unique status
between the Federal Government and Federally Recognized American Indian Tribes as
established by the United States Constitution, Treaties, Statutes, Regulations, Court Decisions,
Executive Orders, and Policies.

This MOU also recognizes there are areas of mutual interest in natural, cultural, and human
resource programs that can be jointly pursued to further the trusting and respectful relationship
between the {Tribe} and {Forest}.

It is also mutually understood by the {Tribe} and the {Forest} that financial resources may be
required to conduct consultations. Both parties agree to work in good faith to identify such
resources within the limits of legal authorities and available funds.


B. STATEMENT OF MUTUAL BENEFIT AND INTERESTS:

1. Cooperation between the {Tribe} and {Forest} will strengthen the Government to Government
relationship and increase collaborative involvement in Forest decision-making that affects tribal
interests on public lands. The formalized relationship will facilitate exchange of technology and
scientific and traditional ecological knowledge, improve the effectiveness of communication and
consultation, and enhance collaborative planning and management of resources on both Forest
Service and tribal lands. {Forest and Tribe may modify to suit local interests or initiatives.}


C. FOREST SERVICE SHALL:

1. Designate a person {or identify title} to serve as staff level liaison with the {Tribe}.
                                                     FS Agreement No.             02-MU-1102
                                                     Cooperator Tax ID No.
                                                     Cooperator Agreement No.
                                                                                                11/18/09

2. Approximately four times a year, send a copy of the {Forest’s} Quarterly Schedule of
   Proposed Actions, identifying the nature and location of proposed Forest projects to the
   elected Tribal leader, with a copy to the Tribal Historic Preservation Office.
3. Schedule a meeting on an annual basis between the {Tribe} and {Forest} to review progress
   and compliance with the Revised Programmatic Agreement (PA) on the Management of
   Historic Properties.
4. Facilitate access to areas and resources on the Forest to the {Tribe} for non-commercial
   traditional uses, including the collection of medicinal and ceremonial plants. Access is
   assured through the American Indian Religious Freedom Act and Executive Order 13007
   (Sacred Sites), provided the activity complies with other laws and regulations (Organic Act of
   1897, 36 CFR 223 and Forest Service Manual 1563). The Tribe, or designated tribal
   member(s), is encouraged to obtain a permit, which may include fee waivers as appropriate,
   and information on local availability and access by contacting the Forest Tribal Liaison who
   will consult with the Tribe on a case by case basis about visits to culturally sensitive areas.
5. Pursuant to the Regional Programmatic Agreement (PA), maintain, to the extent authorized
   by law, confidentiality of records, maps, photographs, or other information about places
   significant to the Tribe which are precontact or historic period resources.
6. Provide technical assistance to the Tribe in natural and cultural resource management
   activities such as timber, soils, wildlife, fire, geospatial applications, or heritage as time,
   funding, and interests permit.
7. Make good faith efforts to include the Tribe during project development and prior to public
   scoping for NEPA and Heritage Program project proposals.


D. {Insert TRIBE}SHALL:

1. Designate {insert Title}as the staff level Liaison with the Forest.
2. Through the Tribal Historic Preservation Office, work with knowledgeable people to identify
   issues, locations, and areas of special importance to the Tribe that may be located on the
   Forest, and work with the Forest Tribal Liaison to identify these places on the Forest. Site-
   specific tribal information is subject to exemption number 3 of the Freedom of Information Act
   which incorporates nondisclosure provisions contained in other federal statutes such as the
   Archeological Resources Protection Act (36CFR296.18), and Section 304 of the 1992
   Amendments to the National Historic Preservation Act to protect confidentiality.
3. Assist the Forest in developing and presenting orientation, educational, and interpretive
   material as it relates to the Tribe.
4. Develop a list of projects and issues of mutual concern to facilitate consultations between the
   parties.
5. Make good faith efforts to respond, according to Tribal interests, during project development
   and public scoping of NEPA and Heritage Program project proposals.

        (Note: For Sections C & D, Forests/Tribes may add specific projects or initiatives, or add
        later through Amendment)


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

1. 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).
2. 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.
                                                    FS Agreement No.              02-MU-1102
                                                    Cooperator Tax ID No.
                                                    Cooperator Agreement No.
                                                                                               11/18/09



3. COMMENCEMENT/EXPIRATION/TERMINATION. This MOU takes effect upon the
signature of the Department of Agriculture and (insert name of other party or parties) and shall
remain in effect for (insert a time period of no more than five years) from the date of execution.
This MOU may be extended or amended upon written request of either the Department of
Agriculture or (insert name of other party or parties) and the subsequent written concurrence of
the other(s). Either the Department of Agriculture or (insert name of other party or parties) may
terminate this MOU with a 60-day written notice to the other(s).

4. RESPONSIBILITIES OF PARTIES. The Department of Agriculture and (insert name of other
party or parties) 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. PRINCIPAL CONTACT. The principal contacts for this instrument are:

          Forest Service Project Contact                        Tribal Project Contact




   Phone:                                            Phone:
   FAX:                                              FAX:
   E-Mail:                                           E-Mail:

       Forest Service Administrative Contact         Tribal Administrative Contact




   Phone:                                            Phone:
   FAX:                                              FAX:
   E-Mail:                                           E-Mail:


6. NON-FUND OBLIGATING DOCUMENT: Nothing in this MOU shall obligate either the
Department of Agriculture or (insert name of other party or parties) 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 of the Department of Agriculture and (insert name of
other party or parties) will require execution of separate agreements and be contingent upon the
availability of appropriated funds. Such activities must be independently authorized by
appropriate statutory authority. This MOU does not provide such authority. Negotiation,
execution, and administration of each such agreement must comply with all applicable statues
and regulations.

7. 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.
                                              FS Agreement No.           02-MU-1102
                                              Cooperator Tax ID No.
                                              Cooperator Agreement No.
                                                                                      11/18/09




THE PARTIES HERERTO have executed this instrument

                                               USDA FOREST SERVICE




                                      DATE                                            DATE


The authority and format of this instrument
has been reviewed and approved for
signature.


(Name)                                DATE
FS Agreements Coordinator

								
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