Mou/Moa - 2017 - Manage Vegetation, Fish, Wildlife And Plant Resources. - 6/16/2017AGREEMENT NO. (-{
MEMORANDUM OF UNDERSTANDING
MOU BLM-BDO-ID-2017-004 RECEIVED
Ada County, Idaho
City of Boise, Idaho,
City of Eagle, Idaho,
Idaho Department of Fish and Game,
and
Bureau of Land Management, Boise District,
JUN 16 2017
BOISE DISTRICT BLM
I. PURPOSE
This Memorandum of Understanding (MOU) is hereby entered into by Ada County
("County"), the U.S. Department of the Interior, Bureau of Land Management, Boise
District ("BLM"), the City of Boise, an Idaho municipal corporation, the City of Eagle, an
Idaho municipal corporation, and the State of Idaho, Department of Fish and Game
("IDFG"), all of whom collectively may be referred to as "the Parties". This MOU is
entered into and supersedes the Memorandum of Understanding entered into between
the Parties dated December 2011.
The purpose of this MOU is to provide a framework for cooperation to establish a
structure by which local governments and state and federal agencies with land
management responsibilities in the Wildland Urban Interface (WUI) of Ada County, will
cooperatively oversee and efficiently manage vegetation and conserve native fish,
wildlife, and plant resources. In addition, this cooperation will also seek to reduce the
risk of human caused fire starts in the Boise Foothills. In order to meet growing
community expectations for land management, the County, BLM, the cities of Boise and
Eagle, and IDFG will maintain an Agency Coordinating Committee and strive to achieve
the following objectives:
• Coordinate public agency actions in the WUI through aforementioned said Committee.
• Establish clear lines of communication between the public and the Parties.
• Reduce fire risks in the WUI by reducing fire starts, reducing hazardous fuel Toads,
establishing fire -breaks, and planting fire-resistant species focused on restoring native
plant communities.
• Facilitate the participation of citizens and private landowners in providing
recommendations to the Parties regarding WUI management decisions and priorities.
• Assist Parties, nonprofits, private landowners, and citizens interested in vegetation
management in the WUI.
• Educate the public about the importance of managing vegetation in the WUI.
• Minimize administrative costs to taxpayers.
• Optimize public resources available for foothills stewardship.
• Comply with all legal requirements.
• Commit to measuring management and stewardship performance.
• Ensure that hazardous fuels management and vegetation restoration actions are
consistent with the conservation of special status species including slickspot
peppergrass (Lepidium papillif erum), Aase's onion (Allium aaseae), and Mulford's
milkvetch (Astragalus mulfordiae).
1
MEMORANDUM OF UNDERSTANDING
II. BACKGROUND
As the population of the Boise metropolitan area grows, the WUI has become more
important as a place of recreation and relaxation for local residents. The area continues
to be important for a variety of wildlife and special status plant species and the
associated vegetation communities that support them. However, the area remains
vulnerable to wildfire. In Ada County, from 2006-2015, BLM data indicates that an
average of 24 fires per year average or 35% of all fires (242 of 700) have been
determined to be human caused. While many fires are controlled quickly, some result
in significant losses of life, property, and natural resources.
Management coordination has long been a guiding principle by which public agencies in
the WUI operate. The Open Space Matters: Boise Open Space Reserves Management
Plan, Around the Next Turn: A 10 -year Management Plan for the Ridge to Rivers Trail
System, the Boise River Wildlife Management Area 2014 — 2023 Management Plan, the
Ada County Wildfire Response Plan, the Ada County Wildfire Mitigation Plan, and the
2015 MOU and creation of the Interagency Foothills Management Plan are examples of
the progressive coordination for planning and management between the Parties.
The Parties have taken initial steps to reduce the fire hazard potential by managing
hazardous fuels including noxious and invasive weed species, by planting fire-resistant
and native species and manipulating plant communities, and strategically placing fire-
breaks. This instrument is a continuation of the vision of past cooperative efforts and is
intended to improve efforts to meet increased public demand for vegetation
management to reduce the threat of fire and improve habitat for wildlife.
III. RECITALS
The Parties join in this MOU to formalize their collective approach to managing
vegetation within the WUI. This cooperation serves the mutual interest of the Parties
and the public. Accordingly,
Whereas, wildland fires know no boundaries; and
Whereas, wildland fires have historically occurred in the WUI; and
Whereas, the frequency and potential adverse consequences of wildland fires in the
WUI has increased as the population in the WUI has increased; and
Whereas, the native vegetation communities and special status species found in the
WUI have been disturbed over the years and, in some areas, replaced by nonnative
invasive species increasing the wildland fire risk; and
Whereas, the WUI deserves protection and preservation of its ecological integrity; and
Whereas, the WUI, with its expanding urban interface of homes and businesses, is
subject to increased wildland fire risk and fire suppression demands; and
Whereas, various public and private landowners and stakeholders have interests,
responsibilities, and concerns regarding their investments within and near the WUI,
and
Whereas, the Parties have limited resources to address the challenges of vegetation
management and wildland fire mitigation and seek to pool their resources; and
2
MEMORANDUM OF UNDERSTANDING
Whereas, sustaining the ecosystems, resources, and human populations in the WUI will
require strong collaborative partnerships among research and land management
organizations and local governments; and
Whereas, each party has its unique mission and finite resources that it will attempt to
leverage in the best interest of achieving the mission of this MOU.
IV. AUTHORITY
Ada County, the City of Boise, the City of Eagle, and IDFG are each authorized by
Idaho Code §§ 67-2326 through 67-2333, 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 Bureau of
Land Management is authorized under BLM Manual Section 786, 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).
In consideration of the above premises, the Parties hereto agree as follows:
V. RESPONSIBILITIES
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, Ada County, the City of Boise, the City of Eagle, Idaho Department of
Fish and Game, their agencies, their officers, their departments or any person or entity.
Furthermore, the Parties do not assume liability for any third party claims for damages
arising out of this MOU.
A. The Parties shall:
1. Appoint members to serve on the Agency Coordinating Committee as
noted in Section V.I.A., which will organize management efforts in a
manner consistent with the Statement of Purpose.
2. Approve the tasks to be completed by the Lead Agency (as defined below)
or other members consistent with the area of responsibilities described
above and subject to review and approval by the appropriate jurisdictional
agency.
3. 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.
4. Direct the Agency Coordinating Committee to meet and technical support
staff to meet as needed to better foster:
i. Communication, Education, and Public Outreach: Recognizing that
public comment, participation, and support are vital to successful
vegetation management outcomes, a coordinated public
involvement strategy should one developed for all facets of
vegetation management in the WUI.
3
MEMORANDUM OF UNDERSTANDING
ii. Development of Partnerships: The development of public and
private partnerships serves to leverage the capacity of the Parties
to achieve vegetation management goals.
iii. Funding Strategies for Projects: The reduction of hazardous fuels,
restoration of wildlife habitat, public outreach, and other projects
necessitates collaborative funding efforts in order to maximize
capital dollars of each individual agency.
iv. Implementation of Fire and Open Space Management Plans:
Considerable planning efforts have been completed related to
vegetation management, as well as fire suppression and
prevention. The Parties, the general public, and private landowners
should work cooperatively to implement the recommendations of
the plans listed in Section 11.
v. Response to Private Property Owner Concerns over Agency
Management in the WUI: Private landowners in the WUI are
partners in resource management. How lands are managed in
relation to adjacent private properties are of concern to all Parties.
Effective and timely communication is vital for private property
owners.
B. Ada County shall:
1. Authorize the Director of Parks and Waterways to serve as the County's
Agency Coordinator and authorized representative of the County; and
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 Coordinating Committee
C. Bureau of Land Management shall:
1. Serve as the Lead Agency responsible for implementing responsibilities of
the Lead Agency including but not limited to: facilitate the Agency
Coordinating Committee regarding recommendations for implementing the
programs outlined in Section VI.1of this MOU
2. Authorize the Four Rivers Field Manager to serve as the BLM's Agency
Coordinator serving as the point of contact with the Agency Coordinating
Committee and authorized representative of the BLM; and
3. 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 Coordinating Committee
D. City of Boise shall:
1. Authorize the Boise Parks and Recreation Superintendent of Foothills and
Open Space to serve as the City's Agency Coordinator and authorized
representative of the City; and
4
MEMORANDUM OF UNDERSTANDING
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 Coordinating Committee.
E. City of Eagle shall:
1. Appoint the Parks and Recreation Director (or designee) to serve as the City's
Agency Coordinator and authorized representative of the City; and
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 Coordinating Committee
F. Idaho Department of Fish and Game shall:
1. Authorize the Southwest Region Wildlife Habitat Manager to serve as the
IDFG Agency Coordinator.an utl,—:,_:,i
ar amarrL r.:..
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 Coordinating Committee
VI. GENERAL PROVISIONS
Parties agree that:
A. The authorized representative contacts
Coordinating Committee are:
Bureau of Land Management (Lead)
Tate Fischer
Field Manager, Four Rivers FO
3948 Development Ave.
Boise, ID 83706
Telephone: 208-384-3430
Email: tfischer@blm.gov
City of Boise
Sara Arkle
Supt. of Foothills and Open Space
1104 Royal Blvd
Boise, ID 83706
(208) 493-2533
sarkle@cityofboise.org
Idaho Dept. of Fish & Game
Zach Swearingen
Regional Wildlife Habitat Manager
3101 S.Powerline Road
Nampa, ID 83686
Telephone 208-465-8465
Email:Zachary.swearingen@idfg.idaho.gov
and thereby members of the Agency
Ada County
Scott Koberg
Director of Parks and Waterways
4049 Eckert Rd.
Boise, ID 83716
(208) 577-4578
skoberg@adaweb.net
City of Eagle
Mayor or his/her designee
Parks and Recreation Director
660 E. Civic Ln
PO Box 1520
Eagle, ID 83616
(208) 489-8763
5
MEMORANDUM OF UNDERSTANDING
B. Any communications affecting the operations covered by this MOU given by the
Parties is sufficient only if in writing and delivered in person, mailed, or
transmitted electronically by e-mail or fax, as follows:
1. To the Party's authorized representative, at the address specified in the
MOU.
2. Notices are effective when delivered in accordance with this provision, or
on the effective date of the notice, whichever is later.
C. The Parties shall develop and maintain technical support contact lists as
necessary.
D. Nothing in this agreement may be construed to obligate the Parties to any current
or future expenditure of resources. Any endeavor involving an agreement for
reimbursement or contribution of funds between the Parties to this MOU will be
handled in accordance with applicable laws, regulations, and procedures,
including those for government procurement and printing. Such endeavors or
agreements will be outlined in separate agreements that shall be made in writing
by representatives of the Parties and shall be independently authorized by
appropriate statutory authority.
E. During the performance of this agreement, all Parties will abide by the terms of
Executive Order 11246, as amended, on nondiscrimination and will not
discriminate against any person because of age, race, color, religion, sex, sexual
orientation, gender identity, national origin, or disability.
F. Nothing herein is intended to conflict with directives previously established by or
between the Parties. Nor does this agreement preclude any party from pursuing
projects with other public or private agencies, organizations, or individuals;
consistent with its mission, independently of other parties. If any term of this
MOU is deemed inconsistent with those directives, then the portions of this MOU
that are inconsistent shall be null and void, but the remaining terms and
conditions will remain in full force and effect.
G. Management and administration of the lands will be consistent with the laws,
regulations, and policies of the respective Parties. If a question arises concerning
the laws, regulations, or policies any party, the matter will be referred for
clarification to the relevant signatories of this document.
H. This MOU recognizes that other inter -governmental management agreements
exist for public lands in the WUI. Cooperative agreements, such as those for fire
suppression, law enforcement, noxious weed management, and the Boise River
Wildlife Management Area, 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.
6
MEMORANDUM OF UNDERSTANDING
I. Furthermore, Parties agree to:
1 Identify appropriate elements from the following documents to help guide
vegetation management and public outreach activities in the WUI:
i. Interagency Foothills Management Pian (2015)
ii. Boise Open Space Reserves Management Pian (2015)
iii. Around the Next Turn: A 10 -Year Management Pian for the
Ridge to Rivers Trail System (2016)
iv. Ada County Multi -Hazard Mitigation Pian (2016)
v. Ada County Wildfire Riskmap (2016)
vi. City of Boise Wildfire Mitigation Strategic Plan (forthcoming)
vii. Ada Situational Awareness Tool (2016)
viii. BLM Foothills East Environmental Assessment (2008)
ix. Boise District BLM Fire Mitigation Pian (updated annually)
x. Boise District BLM Fuels Program of Work (updated annually)
2. Continue public outreach programs to educate homeowners about the
importance, roles, and responsibilities of Firewise landscaping and
construction practices in the WUI.
3. Continue the outreach campaign to educate the community about
vegetation management efforts to improve community safety, enhance
wildlife habitat, and restore desirable vegetation in open spaces.
4. Conduct pilot hazardous fuels reduction projects in cooperation with other
Parties and landowners.
5. Complete wildfire risk assessments of priority WUI areas in Ada County.
6. Base treatment areas and projects on a variety of factors including but not
limited to: hazardous fuels surveys, resource concerns, local support,
and/or strategic locations.
7. Educate public on existing ordinances and provide suggestions to agency
members regarding development and implementation of new ordinances
to address hazardous fuels management and Firewise landscaping and
construction practices in the WUI. •
8. Actively pursue funding opportunities to implement projects in the WUI.
9. Plant fire-resistant species and/or restore native plant communities
(grasses, forbs, and shrubs).
10. Reduce and control the increase and spread of noxious weeds and
invasive species.
J. This MOU becomes effective upon signature and, unless terminated, shall be in
force for five years from the date of the last signature, at which time this MOU
shall automatically terminate unless renewed by all Parties hereto.
K. Any party to this MOU reserves the right to withdraw from the MOU, or any part
thereof, at any time upon 30 days prior written notice to the other party hereto (at
the address set forth above or as otherwise indicated).
MEMORANDUM OF UNDERSTANDING
L. Modifications within the scope of the MOU shall be made by mutual consent of
the Parties hereto, by the issuance of a written modification, signed and dated by
the Parties, prior to any changes being performed.
M. This MOU does not establish authority for noncompetitive awards to the
cooperator of any contract or other agreement. Any contract or agreement for
training or other services must fully comply with all applicable requirements for
competition.
N. Public access to this MOU, associated 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 records or other information
maintained by Ada County, the City of Boise, the City of Eagle, and IDFG 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.
VII. SIGNATURES
By signature below, each party certifies that the individuals listed in this document
as representatives of the signatory agencies are authorized to act on behalf of his
or her agency for matters related to this MOU.
In witness whereof, the Parties hereto have executed this MOU as of the last date
written below.
dd�t�y/C��e�r 'ss_ioiem C
,ount rte,`
ict Manager
•
City of Eagle, Mayor
1
'4\16 /i /(n / 9I r
Date
6/W/7
Date
11411
Date
6—/3 -
Date
$1347
Southwest Regional Supervisor Date
Idaho Dept. of Fish & Game
8