Mou/Moa - 2011 - BLM & City MOU For Joint Planning & Management Of Public Lands In Foothills BLM-BDO-ID-011-004-1786-2011 - 9/27/2011 RESOLUTION NO. 11-25
A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF EAGLE AND THE BUREAU OF LAND FOR JOINT PLANNING AND
MANAGEMENT OF PUBLIC LANDS WITHIN THE EAGLE FOOTHILLS; AUTHORIZING
THE MAYOR TO EXECUTE THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, as the population of the Treasure Valley grows, open space in the Eagle foothills
becomes more important as a place of recreation and relaxation for local residents;
WHEREAS, the boundaries of public and private lands in the foothills are changing today just as
they have over the last century;
WHEREAS, management coordination has long been a guiding principle by which public
agencies in the foothills operate;
WHEREAS, the Ridge to Rivers Pathway Plan, the Boise River Wildlife Management Area Plan,
and the 1999 MOU creating the Public Lands Open Space Management Plan are examples of the
progressive coordination for planning and management between the agencies;
WHEREAS, the Eagle Foothills represent a unique natural and recreational resource to the
community;
WHEREAS, as the city grows toward public lands, a community expectation for cooperative
management also increases;
WHEREAS, each party has its own unique mission, legal authorities, and finite resources for
achieving its mission, the parties are committed to delivering streamlined, efficient management,
and collaboration, cooperation, and public land management efficiency;
WHEREAS, the City of Eagle submitted a request for acquisition pursuant to the Recreation and
Public Purposes Act application number IDI-35519;
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF EAGLE, IDAHO:
Section 1: The City of Eagle herby approves the Memorandum of Understanding for Joint
Planning and Management of Public Lands within the Eagle Foothills (or as may be amended
with City of Eagle consent in the future), a copy of which is attached as "Exhibit A".
Section 2: The Mayor is hereby authorized to execute said MOU for and on behalf of the City of
Eagle.
K:\COUNCIL\Resolutions\2011\Resolution 11-25 BLM PARK doc
Section 3: The City of Eagle will serve as the lead agency and shall be responsible for
facilitating the Agency Coordinating Committee, establishing a Citizens Advisory Committee
and developing share goals and objective to serve as a framework for a joint management and
implementation plan for public lands and uses in the Eagle Foothills.
Section 4: This Resolution shall take effect and be in force from and after its passage and
approval.
ADOPTED by the Eagle City Council, Eagle, Idaho.
Dated this 27th day of September, 2011.
C OFEAG / \
( - MES D. REYNOLDS 1
MAYOR
ATTEST: •••,,,,,,,,,,,,,,
•.••� of Eq ,,,,
' ii•• ,r .•.,.....,,
ii�./i�. �`: t o R g T•.
SHARON K. BERGMANN
CITY CLERK/TREASURER *
sEA���.
„ 0
K:\COUNCIL\ResoluGons\201(\Resolution 11-25 BLM PARK.doc
BLM-BDO ID-011-004-1786
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
BUREAU of LAND MANAGEMENT, BOISE DISTRICT
CITY of EAGLE
This MEMORANDUM OF UNDERSTANDING (MOU) is hereby entered into by the City of
Eagle, hereinafter referred to as "City", and the Bureau of Land Management, Boise District,
hereinafter referred to as "BLM", collectively referred to here after as "party" or"parties".
BACKGROUND: As the population of the Treasure Valley grows, open space in the adjacent
foothills become more important as a place of recreation and relaxation for local residents. The
boundaries of public and private lands in the foothills are changing today just as they have over
the last century. Management coordination has long been a guiding principle by which public
agencies in the foothills operate. The Ridge to Rivers Pathway Plan, the Boise River Wildlife
Management Area Plan, and the 1999 MOU creating the Public Lands Open Space Management
Plan are examples of the progressive coordination for planning and management between the
agencies. This instrument is a continuation of the vision of past planning efforts and is intended
to improve management efforts to meet increased public demand for coordinated management.
I. PURPOSE: The purpose of this Memorandum of Understanding is to provide a
framework for cooperation to establish a structure by which local and federal agencies with land
management responsibilities in the Eagle Foothills (defined as the area between Homer Road on
the south, Hwy 16 on the west, the Ada County line on the north, and Hwy 55 on the east) would
cooperatively oversee and efficiently manage the resources of public lands. In order to meet
growing community expectations for land management, the Bureau of Land Management, Four
Rivers Field Office and the City of Eagle will form an Agency Coordinating Committee and
strive to achieve the following objectives:
A. Coordinate public agency actions in the Eagle Foothills through selection and
appointment of a Lead Agency to take a lead role in foothills stewardship.
B. Establish clear lines of communication between the public and the agencies.
C. Facilitate the participation of citizens,private landowners, and users in providing
recommendations to the Lead Agency regarding foothills public land management
decisions.
D. Minimize administrative costs to taxpayers.
E. Optimize public resources available for foothills stewardship.
F. Comply with all legal requirements.
G. Commit to measuring management and stewardship performance.
H. Assist agencies, nonprofits, private landowners, and private citizens interested in
public lands resource management in the foothills.
I. Develop and implement conservation measures to protect special status species in the
Eagle Foothills such as slickspot peppergrass (Lepidium papilliferum) Aase's onion
(Allium aaseae), and Mulford's milkvetch (Astragalus mulfordiae), as required by
federal law and policy.
Page 1 10/12/09/C.\Documents and Settings\nbaird\Local Settings\Temporary Internet
Files\Content.Outlook\E8M4VINO\2011_MOU-BLM-Eagle-9-20-2011City Council Approved copy.docx/mcl
BLM-BDO 1D-011-004-1786
II. STATEMENT OF MUTUAL BENEFIT AND INTERESTS: The public agencies
with land management responsibilities in the Eagle Foothills share this MOU to formalize their
pursuit of a collective approach to managing public lands in this area. This cooperation serves
the mutual interest of the parties and the public.
The parties recognize:
A. The Eagle Foothills represent a unique natural and recreational resource to the
community;
B. As the city grows toward public lands, a community expectation for cooperative
management also increases;
C. Each party has its own unique mission, legal authorities, and finite resources for
achieving its mission;
D. The parties are committed to delivering streamlined, efficient management ;
E. Collaboration, cooperation, and public land management efficiency is the intent of this
MOU; and
F. The City of Eagle submitted a request for acquisition pursuant to the Recreation and
Public Purposes Act application number IDI-35519. This MOU does not supplant nor
terminate the application.
III. RESPONSIBILITIES:
A. The parties of this MOU agree to appoint members to serve on the Agency Coordinating
Committee, which will synchronize management efforts in a manner consistent with the
Statement of Purpose. The Agency Coordinating Committee shall meet once per
calendar quarter and shall have the responsibility of directing the activities of the Lead
Agency in order to better foster:
1. Communication, Education and Public Outreach: Recognizing that public input and
support is vital to resource management outcomes, a coordinated public involvement
strategy must be developed for all facets of resource management in the foothills;
2. Development of Partnerships: The development of public and private partnerships
serves to leverage the capacity of the agencies in achieving resource management
goals;
3. Funding Strategies for Capital Projects: The development of trailhead facilities,
interpretive signs, and other capital assets necessitates collaborative funding efforts in
order to maximize capital dollars of each individual agency;
4. Response to Private Property Owner Concerns over Public Land Management in the
Foothills: Private land owners in the Eagle Foothills are partners in resource
management. Concerns over how public lands are managed in relation to adjacent
private property are of concern to all agencies and effective and timely
communication is vital for private property owners.
B. Bureau Of Land Management, Four Rivers Field Office Agrees:
1. To have the Four Rivers Field Manager serve as the BLM's Agency Coordinator; and
Page 2 10/12/09/C:\Documents and Settings\nbaird\Local Settings\Temporary Internet
Files\Content.Outlook\E8M4VIN0\2011_MOU-BLM-Eagle-9-20-2011City Council Approved copy.docx/mcl
BLM-BDO ID-011-004-1786
2. Contingent upon the availability of funds and legal authority for their expenditure, to
provide technical assistance and financial support for tasks identified by the Agency
Coordinators.
C. City Of Eagle Agrees:
1. To have the mayor or a member of the City Council serve as the City's Agency
Coordinator; and
2. Contingent upon the availability of funds and legal authority for tasks and for their
expenditure, to provide technical assistance and financial support for tasks identified
by the Agency Coordinators.
IV. LEAD AGENCY: This MOU recognizes the need to establish a Lead Agency. The
responsibilities of the Lead Agency shall be to facilitate the Agency Coordinating Committee in
developing priorities and recommendations for:
A. Communication, education, and public outreach;
B. Development of partnerships;
C. Funding strategies for capital projects;
D. Responding to private property owner concerns over public land management in the
Eagle Foothills; and
E. Funding and staffing for planning,programmatic operations, and maintenance.
The City of Eagle agrees to serve the role of Lead Agency. The City of Eagle shall designate a
Project Manager to serve as the point of contact with the Agency Coordinating Committee and
whose responsibility it will be to implement responsibilities of the Lead Agency, subject to
necessary approvals by the Mayor and City Council, and limitations of applicable local, state,
and federal laws and regulations.
In addition to the assignment of staff, the City of Eagle agrees to establishing a citizen's advisory
committee that will provide citizen input into management of the Eagle Foothills. The advisory
committee formed should aspire to represent diverse stakeholder interests in foothills
management and their input and feedback on management goals and objectives will be made
only to the City of Eagle.
V. PLANNING AND IMPLEMENTATION
A. Goals and Objectives - Within 30 days of approval by both parties and the City's
appointment of the citizens advisory committee, the Agency Coordinating Committee
shall schedule a meeting with the Project Manager and any assigned staff to begin
drafting the goals and objectives to guide future management of the Eagle Foothills.
Included in this process will be a plan for public involvement. The City and BLM may
assign such additional staff to this project as each party may deem necessary. Final Goals
and Objectives should be completed within 6 months of approval of the MOU.
B. Management Plan- Based on the Goals and Objectives agreed to, a management plan for
the Eagle Foothills will be prepared by the Project Manager and any assigned staff for
Page 3 10/12/09/C.\Documents and Settings\nbaird\Local Settings\Temporary Internet
Files\Content.Outlook\E8M4VIN0\20I 1_MOU-BLM-Eagle-9-20-2011City Council Approved copy.docx/mcl
BLM-BDO ID-011-004-1786
review by the Agency Coordinating Committee and approval by the City Council and the
BLM's Field Office Manager. The Master Plan prepared by the City of Eagle for the
earlier Recreation and Public Purposes application shall serve as the starting point for
developing a management plan. A management plan, including the required
environmental analysis and consultation with the U.S. Fish and Wildlife Service, should
be completed for City and BLM approval within one year of completion of Item A above.
C. Implementation of Management Plan Actions - Implementation of planned and approved
actions should take place in accordance with a schedule included in the management plan
and in accordance with staffing and funding available to the parties to carry out the
planned actions.
VI. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT:
A. APPLICABILITY This agreement recognizes that other intra-governmental
management agreements exist for public lands in the Eagle Foothills. Cooperative
agreements, such as those for fire suppression, law enforcement, and noxious weed
management are not superseded by this MOU. Similarly, planning and zoning issues are
not within the scope of this MOU. The intent of this agreement is to gain efficiencies in
areas where additional cooperation is beneficial to the public.
The parties to this agreement agree to serve as the Agency Coordinating Committee. The
Lead Agency shall prioritize the tasks to be completed by the Project Manager. Each
party shall retain its respective legislative mandates and legal authorities.
B. FREEDOM OF INFORMATION ACT (FOIA). Public access to this MOU,
associated agreement records, or any information furnished to the Bureau of Land
Management under this instrument must not be limited except when such records must be
kept confidential and would have been excepted from disclosure pursuant to Freedom of
Information regulations (5 U.S.C. 552). Access to this MOU, associated agreement
records or other information maintained by the City of Eagle are subject to the provisions
of Idaho's Open Meeting Law Idaho Code §§ 67-2340 et seq. and Idaho's Public Records
Law, Idaho Code Title 9, Chapter 3 et seq.
C. PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts
the parties from participating in similar activities with other public or private agencies,
organizations, and individuals;
D. COMMENCEMENT/EXPIRATION/TERMINATION. This MOU takes effect upon
the signature of Bureau of Land Management, Boise District and the City of Eagle, and
shall remain in effect through December 31, 2016. This MOU may be extended or
amended upon written request of all parties. Any of the parties cooperating under this
instrument may terminate this MOU with a 60-day written notice any other cooperating
agencies or parties identified as part of the Agency Coordinating Committee and other
interested persons of entities;
Page 4 I0/12/09/C:\Documents and Settings\nbaird\Local Settings\Temporary Internet
Files\Content.Outlook\E8M4VIN0\2011_MOU-BLM-Eagle-9-20-2011 City Council Approved copy.docx/mcl
BLM-BDO ID-011-004-1786
E. RESPONSIBILITIES OF PARTIES. The parties 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;
F. PRINCIPAL CONTACTS. The principal contacts for this instrument are:
City of Eagle—Lead Agency Coordinator- City of Eagle—Project Manager—Nichoel BLM Agency Coordinator—Terry
James D.Reynolds Baird Spencer Humphrey
Mayor Planner III Four Rivers Field Manager
City of Eagle City of Eagle Bureau of Land Management
660 E. Civic Lane 660 E.Civic Lane 3948 Development Avenue
Eagle,ID 83616 Eagle,ID 83616 Boise,ID 83705
Phone:208-939-0227 Phone:208-939-0227 Phone:208-384-3430
FAX:208-938-3854 FAX:208-938-3854 FAX:208-384-3326
E-Mail:jreynolds@cityofeagle.org E-Mail:nbaird(u)cityofeagle.org E-Mail:Terry_Humphrey @blm.gov
G. NON-FUND OBLIGATING DOCUMENT: Nothing in this MOU shall obligate the
cooperators to commit or transfer any public funds from one party to the other.. Specific
work projects or activities that involve the transfer of funds, services, or property among
the various agencies and offices of the Department of Interior 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.
H. 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 either the City of Eagle, the United States,
their agencies, their officers, their employees, or any person.
VII. AUTHORITIES
The Bureau of Land Management is authorized under BLM Manual Section1786, Memorandums
of Understanding, Section 1786.3, Section 307(b) of the Federal Land Policy and Management
Act of 1976 (FLPMA), 43 U.S.C. 1737 (b).
City of Eagle is authorized by Sections 67-2328 and 67-2332, Idaho Code, to enter into
agreement with one or more public agencies to perform any governmental service, activity, or
undertaking, which each public agency entering into the agreement is authorized to perform.
THE PARTIES HERETO have executed this instrument.
Page 5 10/12/09/C:\Documents and Settings\nbaird\Local Settings\Temporary Internet
Files\Content.Outlook\E8M4VIN0\2011_MOU-BLM-Eagle-9-20-2011City Council Approved copy.docx/mcl
BLM-BDO ID-011-004-1786
By: A Date:
ity of Eagle /
Mayor, James D. Reynolds
By: Vt - Date: \O /24/2°\\
Bureau of nd Manage •nt,
Four River ield Office Manager
Page 6 10/12/09/C:\Documents and Settings\nbaird\Local Settings\Temporary Internet
Files\Content.Outlook\E8M4VINO\2011_MOU-BLM-Eagle-9-20-2011City Council Approved copy.docx/mcl