MEMORANDUM OF UNDERSTANDING

between

 

USDA FOREST SERVICE, COLVILLE NATIONAL FOREST

and the

NORTHEAST WASHINGTON FORESTRY COALITION

 

This MEMORANDUM OF UNDERSTANDING (MOU) is hereby entered into by and between the USDA Forest Service, Colville National Forest, hereinafter referred to as the Forest Service, and the Northeast Washington Forestry Coalition, hereinafter referred to as the Coalition.

 

A.    PURPOSE: The purpose of this MOU is to provide a framework of cooperation and to facilitate community-based collaborative processes for forest health restoration activities on the Colville National Forest between the Forest Service, the Coalition, and the public. Further purposes of this MOU are to foster trust, clarify roles, assist in finding common ground in the management of natural resources on the Colville National Forest, and to collaborate while successfully achieving shared community, economic, and forest health objectives in a timely manner. This cooperation serves the mutual interest of the parties and the public.

 

B.    STATEMENT OF MUTUAL BENEFIT AND INTERESTS:

 

The Forest Service

The Colville National Forest has, in many areas, a forest structure that negatively affects the ForestÕs ecosystems and creates conditions conducive to the spread of severe forest fires. Such forest wildfires are extremely difficult to suppress and place an extraordinary risk of injury to persons seeking to control them. These wildfires also jeopardize the environmental, economic, and social values for which the National Forest system is managed.  The Forest Service recognizes a need to minimize risk to homes, livelihoods, watersheds, habitat, ecosystems, and forest health.

 

Wildfires within the Wildland Urban Interface (WUI) pose risks for damage to property and life.  Certain forest types within the forest landscape as a whole are also at risk. The Forest Service recognizes the broad public interest in, and the benefit from, forest restoration and hazardous fuels reduction activities. Such activities include development, testing, demonstration, and implementation of restoration forestry.   The Forest Service also recognizes the need to bring diverse resources to bear in these efforts while utilizing consensus-built approaches.

 

The Coalition

The Coalition is a non-profit corporation organized under the laws of Washington with an elected Board of Directors selected from diverse entities in the community, such as, but not limited to, timber industry representatives, environmental communities, recreational interests, educators, the general public, non-federal government entities, and other community leaders. The Coalition is dedicated to enhancing the forest ecosystems within Northeast Washington, including the Colville National Forest. As such, the Coalition recognizes the broad public interest in and the benefit from forest restoration and hazardous fuels reduction activities, including development, testing, and demonstration of restoration forestry and consensus-building approaches.

The Coalition works with a diverse Board of Directors and committees, consisting of public and private organizations with an interest in restoration of forest ecosystem health, hazardous fuels reduction, and creation of economic opportunities. Through this Board, and by working with the Forest Service, the Coalition has available the expertise, advice, and resources of multiple partners, including recognized expertise in research, forestry, hazardous fuels reduction, economics, and forest products manufacturing. 

All meetings of the Coalition and the Forest Service are open to the public.

Mutual Benefit

The Forest Service and the Coalition recognize the continuing need to develop and demonstrate potential restoration forestry projects that can improve the ecological health and reduce hazardous fuels on the Colville National Forest that are economically viable, socially acceptable, and environmentally sound. Through these projects, the Forest Service and the Coalition can collaborate on forest management among a wide range of interested parties at the local, regional, and national levels. These projects and the results of the collaborative process may later be applied to similar situations in other National Forests and communities.

 

C.    FOREST SERVICE SHALL:

 

  1. 1.     In cooperation with the Coalition, examine the current ecological conditions on the jointly selected forest-wide landscapes, including community wildfire protection plan areas, and work with the Coalition to facilitate broad community discussions to involve the public in developing desired future conditions for the selected area within the landscapes.

    2.  

    1. 2.     Using the silvicultural prescriptions described in section D2, develop site-specific prescriptions for forest health restoration projects. 

      2.  

      1. 3.     Comply with the National Environmental Policy Act all other applicable federal laws and the Colville National Forest Land Management Plan. The Forest Service retains sole responsibility for making decisions pursuant to NEPA.

        2.  

        1. 4.     Work with the Coalition, using adaptive management, to implement forest restoration and community wildfire reduction projects and silvicultural prescriptions to test, develop, and demonstrate different treatments   The Forest Service and the Coalition will monitor the implementation and effectiveness of the project actions.

          2.  

          1. 5.     Consider all allowable contract authorities and contract requirements, with emphasis on Stewardship Contracts which can supply materials for current and future forest products infrastructure (ie. mills and harvest equipment).  Available authorities that allow for retained receipts at the local level will be given the greatest consideration in order to maximize the value to the local community.

            2.  

            1. 6.     Conduct public meetings, field trips, and demonstration projects to educate the Coalition and the public.

              2.  

              1. 7.     Involve the Coalition while updating the 5 Year Fuels and Timber Plan and the Colville National Forest project priority list each March. 

                2.  

                1. 8.     Work with the Coalition to develop the CoalitionsÕs 18 month action plan that identifies projects the Coalition will work on to expedite fuels treatments.

                  2.  

                  1. 9.     Engage the Coalition during the NEPA process and will make good faith effort to meet jointly developed commitments and timelines.

                    2.  

                    1. 10.  Meet annually with the Coalition to select projects with which the Coalition will be involved and develop a mutually agreed upon timeline in an effort to improve the NEPA process.

                      2.  

                      1. 11.  Work with the Coalition to develop a glossary of terms to create a Òcommon languageÓ that will promote shared understanding. (Terms to be defined include, but are not limited to, ÒWUI,Ó Òrestoration,Ó Òadaptive management,Ó Òdesired future condition.Ó)

                        2.  

                         

                         

                        D.  COALITION SHALL:

                         

                        1. 1.     In cooperation with the Forest Service, examine the current ecological conditions on the selected landscapes, including community wildfire protection plan areas, and work with the Forest Service to facilitate broad community discussions to involve the public in developing desired future conditions for the selected area.

                          2.  

                          1. 2.     Work with the Forest Service to develop prescriptions for forest health restoration of the selected landscape, drawing on public input, and help to develop a proposed action.

                            2.  

                            1. 3.     Work with the Forest Service to develop a broad range of standard prescriptions for forest health restoration projects.

                              2.  

                              1. 4.     Work with the Forest Service to facilitate public involvement and understanding throughout the project development process. Provide assistance, where possible, to the Forest Service.

                                2.  

                                1. 5.     Provide public education and information for coalition-endorsed projects.

                                  2.  

                                  1. 6.     Assure the Coalition and its agents, contractors and subcontractors comply with all the terms and conditions of this MOU.

                                    2.  

                                    1. 7.     Work with the Forest Service to identify projects of interest.

                                      2.  

                                      1. 8.     Solicit broader community-based representation in order to foster discussions of economic, environmental and social implications.

                                        2.  

                                        1. 9.     Alert the Forest Service thru the development of the CoalitionÕs 18 month action plan of projects they want to collaborate on to limit community controversy.

                                          2.  

                                          1. 10.  Provide the Forest Service with written statement on Coalition letterhead articulating the level of support the Coalition has for a project(s) prior to the Forest Service signing the decision document.

                                            2.

                                             

                                             

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

                                            1. The Forest Service and the Coalition will coordinate press releases concerning this MOU.

                                            2. The Forest Service and the Coalition will conduct and document a formal review every March of the activities implemented under this agreement.  Modifications to this agreement will be made as appropriate and mutually agreed. 

                                            3.  The Forest Service has obligations to involve the public at large.

                                            4. Any information furnished to the Forest Service under this MOU is subject to the Freedom of Information Act (5 U.S.C. 552).

                                            5. This MOU in no way restricts the Forest Service or the Coalition from participating in similar activities with other public or private agencies, organizations, and individuals.

                                            6. This MOU takes effect upon the signatures of the Forest Service and Coalition, and shall remain in effect for 5 years from the date of execution. The MOU may be amended upon written request to either the Forest Service or Coalition by the other party, and subsequent bilateral execution. Either the Forest Service or Coalition may terminate this MOU with a 60-day written notice to the other party.

                                            7. The Forest Service and the Coalition and their respective agencies and offices 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.

                                            8. The Forest Service and the Coalition will pursue the resources necessary to meet the objectives of this MOU, including development, implementation, testing, and monitoring forest restoration projects.

                                            9. The Forest Service and the Coalition shall appoint contact persons during the various stages of the projects in order to facilitate efficient communication between the Coalition and the Forest Service.

                                             

                                             

                                             

                                            8. The Principal Contacts for this instrument are:

                                            Forest Service Contacts

                                            Coalition Contacts

                                            Rick Brazell, Supervisor

                                             

                                            Lloyd McGee, President

                                            Colville National Forest

                                            Northeast Washington Forestry Coalition

                                            765 South Main St.

                                            565 W 5th

                                            Colville, WA  99114

                                            Colville, WA  99114

                                             

                                            Phone: 509.684.7000

                                             

                                            Phone: 509.684.5071

                                            FAX: 509.684.7257

                                            FAX: 509.684.2168

                                            E-Mail: rbrazell@fs.fed.us

                                            E-Mail: lmcgee@vaagenbros.com

                                                                                

                                            9. Nothing in this MOU shall obligate either the Forest Service or Coalition 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 Forest Service and Coalition 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 statutes and regulations.

                                            10. 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.

                                             

                                             

                                             

                                             

                                            __________________________                    __________________________

                                            Rick Brazell                     Date                         Lloyd McGee                   Date

                                            Forest Supervisor                                            President

                                            Colville National Forest                                  Northeast Washington Forestry Coalition