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Interagency Agreements

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									                                                            BIA Agreement Number:
                                                            BLM Agreement Number:



                           INTERAGENCY AGREEMENT


        INTERAGENCY AGREEMENT NO. (If applicable, insert agreement no.)

                                       BETWEEN

                        BUREAU OF INDIAN AFFAIRS (BIA)
                               California Agency
                                           And

                    BUREAU OF LAND MANAGEMENT (BLM)
                      Palm Springs – South Coast Field Office

     SOUTHERN CALIFORNIA FIRES OF 2003, BURNED AREA EMERGENCY
                RESPONSE (BAER) AERIAL SEEDING PROJECT

This INTERAGENCY AGREEMENT is hereby entered into by and between the USDI,
Bureau of Indian Affairs, California Agency, hereinafter re ferred to as the BIA, and the
USDI, Bureau of Land Management, Palm Springs – South Coast Field Office,
hereinafter referred to as the BLM under the provisions of the Economy Act of June 30,
1932 (31 U.S.C. 1535, Pub. L. 97-258 and 98-216).


1.      AUTHORITY.

        Economy Act of June 30, 1932 (31 U.S.C. 1535); FAR 17.5, Interagency
        Acquisitions Under the Economy Act; BIA-Acquisition Guidance Release 99-1,
        Interagency Agreements; DOI Acquisition Regulation System Part 1417; 25 CFR
        163.70, Cooperative Agreements; 42 USC 1856a, Authority to Enter into
        Reciprocal Agreement, Waiver of Claims, Reimbursement; 42 USC 1856a-1,
        Authority to Enter into Contracts with State and Local Governmental Entities; 42
        USC 1856b, Emergency Assistance; Interagency Agreement for Fire Mana gement
        Between the Bureau of Land Management, Bureau Of Indian Affairs, National
        Park Service, U.S. Fish And Wildlife Service, of the United States Department of
        the Interior, and the Forest Service, of the United States Department of
        Agriculture; and the Southern California Fires of 2003 Burned Area Emergency
        Rehabilitation Plan.

2.      BACKGROUND.

        The Southern California Fires of 2003 burned lands within jurisdictions of the
        BLM, Palm Springs – South Coast Field Office; and administered lands of the
        BIA, Southern California Agency. A joint Burned Area Emergency Response
        plan has been developed to prescribe emergency stabilization treatments and
                                                                             Page 1 of 7
     longer term rehabilitation needs. It is agreed among the agencies that the
     implementation of the BAER treatments be coordinated. With that in mind, the
     BIA and the BLM will coordinate the rehabilitation on Federal and Tribal Trust
     Lands affected by the Southern California Fires of 2003.

3.   PURPOSE.

     The purpose of this instrument is to allow the BLM and the BIA to cooperate in
     an interagency project of emergency stabilization and rehabilitation work
     necessitated by the Southern California Fires of 2003 as described in the Burned
     Area Emergency Rehabilitation (BAER) plan.

4.   SCOPE OF SERVICES.

     THE BIA SHALL:

         Oversee the implementation of the aerial seeding treatment specification as
          described in the Southern California Fires of 2003 Burned Area Emergency
          Rehabilitation (BAER) Plan on BIA and BLM administered lands.

         Complete the tasks and supply all resources for their completion.

         Contribute $494,334 of emergency stabilization funds from the wildland fire
          operations account towards the completion of this project.

     THE BLM SHALL:

         Consent to the BIA completing all agreed upon aerial seeding treatment
          specifications on lands administered by the BLM.

         Monitor completion of work on BLM administered lands.

         Complete all documentation and reporting requirements for projects on BLM
          administered lands.


5.   RESPONSIBILITIES.

     A.      Servicing Agency:
                    Bureau of Indian Affairs, California Agency

     B.      Requesting Agency:
                   Bureau of Land Management, Palm Springs – South Coast Field
                          Office




                                                                         Page 2 of 7
6.      IA ADMINISTRATION (PARTICIPANTS) CONTACTS.


           BIA Project Contact                       BLM Project Contact




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




7.      IA ACQUISITION (PRINCIPLE) CONTACTS.



      BIA Administrative Contact                BLM Administrative Contact




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




8. PAYM ENTS AND BILLING.

     Funding method: The maximum total cost liability to the BIA for this instrument is
     $494,334. Transfer of Funds to the BIA will be through the Department of Interior
     wildland operations account and through the BLM.


     A detailed list of charges incurred by the recipient/cooperator will be made available
     upon request. Any excess funds not used for the agreed costs shall be refunded to the
     BIA upon expiration of this instrument.




                                                                            Page 3 of 7
     C.    Funding Amount

           (1)    FY 2004 Funding Data.

                                                  FY 2004
     Accounting Structure                         Funding Amount

                                                  $494,334

9.   TERMS OF AGREEMENT.

     A.    AMENDMENT.

           (1)    Either party may initiate amendments within the scope of services.
                  Proposed amendments must be submitted to the other party not less
                  than thirty days prior to the desired implementation date and must
                  be agreed to and approved in writing by both parties.

           (2)    Any changes to the provisions of this IA will be by a written
                  amendment signed by the all parties hereto.

           (3)    Verbal or written statement by a person not a party hereto has no
                  substance in fact and is not binding on the signing parties hereto.


     B.    TERM OF AGREEMENT.

           The instrument is executed as of the date of the last signature and is
           effective through September 30, 2004 at which time it will expire unless
           extended.

     C.    TERMINATION.

           This agreement may be terminated by either of the parties hereto upon
           written notice from either party delivered to the other party 30-days prior
           to the intended date of termination. By such termination, neither party
           may nullify obligations already incurred for performance or failure to
           perform prior to the date of termination. Additionally, the BLM will
           receive the product, partially or fully completed, developed and paid for
           through date of termination.

     D.    DISPUTES AND MEDIATION

           In the event that any of the provisions of this agreement is the subject of a
           dispute, conflict or are ambiguous with one another and cannot be
           mutually resolved between the contact persons of Item 4 IA
           Administration Contacts, the decisions of the finance persons and
           contracting officers of Item 5 IA Acquisition Contacts will be binding in
                                                                         Page 4 of 7
     the interpretation of the dispute, conflict or ambiguity. In the event a third
     party is used for mediation, the parties hereto will equally share the cost of
     the mediator. The decision of the mediator will be binding on all parties
     hereto.

F.   OBLIGATIONS.

     (1)    The Servicing Agency is not obligated to perform services before
            the Requesting Agency agreed to the IA. The Requesting Agency
            is obligated to complete this agreement in a timely manner.


G.   POLICY.

     (1)    All procurement actions taken by the BIA will be in accordance
            with the procedures under the appropriation funding guidelines of
            the BLM.

H.   ADMINISTRATIVE FEES.

     (1)    There will be no administrative fees of the Servicing Agency.

I.   DISSEMINATION.

     (1)    The Contracting Officer, Requesting Agency will distribute copies
            of the IA or amendments within ten (10) working days after
            execution of all parties. At a minimum the Contracting Officer,
            Requesting Agency will:

            (a)     Distribute simultaneously one signed copy or reproduction
                    of the signed IA to the offices mentioned in Item VI, and
                    VII, and to the finance office (funding office) whose funds
                    are cited in the IA.

J.   REQUESTS FOR IA INTERPRETION OF PROVISIONS.

     (1)    All requests for interpretation of the IA provisions and third party
            requests for information will be in writing addressed to the
            Contracting Officer, Requesting Agency.

K.   CONTRACTUAL ARRANGEMENTS.

     (1)    A copy of the contracted services will be provided to both parties.

L.   UNEXPENDED FUNDS.




                                                                   Page 5 of 7
     (1)   Unexpended funds will carry forward into the subsequent Fiscal
           Year provided the IA has not ended. In the event the IA has ended,
           the Servicing Agency will deobligate the balance of funds.

M.   INQUIRES.

     (1)   All inquires will be directed to the contracting officer of the
           Requesting Agency.

N.   COMMUNICATION AND COOPERATION.

     (1)   Formal and informal exchange of information by and between
           administrators of the IA in a timely manner will promote efficient
           accomplishment of the scope of services.

O.   LIABILITY.

     (1)   The Servicing Agency and the Requesting Agency will be liable
           for its own negligence and other torts under the terms of the
           Federal Torts Claims Act, 28 USC Section 2671-2680 (1999). The
           Servicing Agency and the Requesting Agency may be liable for
           other actions and inactions as permitted by applicable law.

P.   RELEASE OF CLAIMS

     (1)   The Requesting Agency, upon final payment of the amount(s) due
           under the IA releases the Servicing Agency its officers, agents, and
           employees from all liabilities, claims and obligations whatsoever
           arising from under the agreement. The Requesting Agency agrees
           not to assert to bind the Servicing Agency to any obligation not
           agreed to unless the Servicing Agency has express written
           authority do so, and then only within strict limitations of that
           authority.

Q.   CONFIDENTIALITY.

     (1)   Any confidential information provided to or developed by the
           parties hereto in the performance of the IA will be kept
           confidential and will not be made available to any individual or
           organization without the prior approval of the parties thereto

R.   SCOPE OF AGREEMENT.

     (1)   This IA includes all agreements, covenants, and understandings
           between the parties hereto concerning the Scope of Services. No
           prior agreement, covenant or understanding, verbal or in writing,
           of the parties or their agents will be valid or enforceable unless
           included in this IA.
                                                                  Page 6 of 7
10. ACCEPTANCES AND APPROVAL.

     A.   Acceptance.

          (1)   Servicing Agency




                Name and Title                      Date




                Contracting Officer (If required)   Date

          (2)   Requesting Agency



                Name and Title                      Date




                                                           Page 7 of 7

								
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