MEMORANDUM OF UNDERSTANDING
Between the
KOOTENAI FOREST STAKEHOLDERS COALITION
 And the
USDA FOREST SERVICE, KOOTENAI NATIONAL FOREST

This Memorandum of Understanding (MOU) is hereby entered into by and between the Kootenai Forest Stakeholders Coalition, hereinafter referred to as the Coalition and the USDA Forest Service, Kootenai National Forest, hereinafter referred to as the Forest Service.

I.  PURPOSE:

The purpose of this MOU is to provide a framework of cooperation between the parties to facilitate community-based collaborative processes for forest health restoration activities on the Kootenai National Forest. Successful collaboration as described in this MOU will foster trust, clarify roles, and assist in finding common ground for the management of natural resources on the Kootenai National Forest.  The mutual interests of the parties will be met by successfully achieving shared community, economic, and forest health objectives in a timely manner.

 

II. STATEMENT OF MUTUAL BENEFIT AND INTERESTS:

The Coalition
The Coalition is a non-profit corporation organized under the laws of Montana with an elected Board of Directors. The Directors are selected from diverse entities in the community, such as, but not limited to, timber industry representatives, environmental communities, recreational interests, educators, fire management personnel the general public, non-federal government entities, and other community leaders. The Coalition is dedicated to enhancing the forest ecosystems within Northwest Montana, including the Kootenai 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, through its Board of Directors and members, maintains a strong interest in restoration of forest ecosystem health, hazardous fuels reduction, and creation of economic opportunities. A primary strength of the Coalition is the expertise, advice, and resources of multiple partners, including recognized experts in research, forestry, hazardous fuels reduction, economics, and forest products manufacturing. 

The Forest Service
The Forest Service recognizes a need for developing project through collaboration that 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, a collaborative effort to help build community consensus related to natural resource management issues. Such activities include development, testing, demonstration, and implementation of restoration forestry.   The Forest Service also recognizes the need to bring diverse interests to bear in these efforts while utilizing consensus-built approaches.

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 restoration forestry projects that that are economically viable, socially acceptable, and environmentally sound. Through these projects, the Forest Service and the Coalition can collaborate on forest management with a wide range of interested parties at the local, regional, and national levels.

Now, therefore in consideration of the above premises, the parties agree as follows:

III.  THE COALITION SHALL:

A.	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.
B.	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.
C.	Work with the Forest Service to develop a broad range of alternative prescriptions for forest health restoration projects.
D.	Work with the Forest Service to facilitate public involvement and understanding throughout the project development process. Provide assistance, where possible, to the Forest Service.
E.	Provide public education and information for coalition-endorsed projects.
F.	Assure the Coalition and its agents, contractors and subcontractors comply with all the terms and conditions of this MOU.
G.	Work with the Forest Service to identify projects of interest.
H.	Solicit broader community-based representation in order to foster discussions of economic, environmental and social implications.
I.	Alert the Forest Service thru the development of the Coalition’s 18 month action plan of projects they want to collaborate on to limit community controversy.
J.	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.
K.	Serve as an interested party in trying to bring resolution to appeals of Forest Service Decisions.

IV.  THE FOREST SERVICE SHALL:

A.	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.
B.	Using the silvicultural prescriptions described in section D2, develop site-specific prescriptions for forest health restoration projects.
C.	Comply with the National Environmental Policy Act, all other applicable federal laws, and the Kootenai National Forest Land Management Plan. The Forest Service retains sole authority and responsibility for making decisions pursuant to NEPA.
D.	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.
E.	Consider all allowable contract authorities and contract requirements 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. a. Consider using stewardship contracts to support local employment and as a funding source for non-timber projects.
F.	Conduct public meetings, field trips, and demonstration projects to educate the Coalition and the public.
G.	Involve the Coalition ion developing the Kootenai National Forest five year integrated restoration plan.
H.	Work with the Coalition to develop the Coalition’s 18 month action plan that identifies projects the Coalition will work on to expedite fuels treatments.
I.	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.
J.	Engage the Coalition during the NEPA process and make a good faith effort to meet jointly developed commitments and timelines.
K.	Work with the Coalition to develop a glossary of terms to create a “common language” that will promote shared understanding. (Terms to be defined include, but are not limited to, “WUI,” “restoration,” “adaptive management,” “desired future condition.”)

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

1. The Principal Contacts for this MOU are:

Forest Service Contacts		Coalition Contacts
Kootenai National Forest		Kootenai Forest Stakeholders Coalition
Paul Bradford, Forest Supervisor		Paul Rumelhart, Coordinator
1101 US Hwy 2 South Libby, MT  59923		PO Box 621 Libby, MT 59923
Phone: 406.293.6211		Phone: 406.293.8406
FAX: 406.283.7709		FAX: 406.293.2532
E-Mail: pbradford@fs.fed.us		E-Mail: pwr@frontiernet.net

1. The Forest Service and the Coalition will coordinate any press releases concerning this MOU or activities accomplished through this MOU.
   
2. The Forest Service and the Coalition will conduct and document a formal review every March of the activities implemented under this MOU. 
   
3. 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.
   
4. 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.
   
5. 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.
   
6. NON-FUND OBLIGATING DOCUMENT.  This MOU is neither a fiscal nor a funds obligation document.  Any endeavor or transfer of anything of value involving 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 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.  This MOU does not provide such authority.  Specifically, this MOU does not establish authority for noncompetitive award of any contract or other agreement.  Any contract or agreement for training or other services must fully comply with all applicable requirements for competition.
   
7. FREEDOM OF INFORMATION ACT (FOIA).  Any information furnished to the Forest Service under this MOU is subject to the Freedom of Information Act (5 U.S.C. 552).
   
8. PARTICIPATION IN SIMILAR ACTIVITIES.  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.
   
9. MODIFICATION.  Modifications within the scope of this MOU shall be made by mutual consent of the parties, by the issuance of a written modification, signed and dated by both parties, prior to any changes being performed.
   
10. TERMINATION.  Either party, in writing may terminate this MOU in whole, or in part, at any time before the date of expiration with a 60-day written notice to the other party.
    
11. COMMENCEMENT/EXPIRATION DATE.  This MOU is executed as of the date of the last signature and is effective through June 30, 2011 at which time it will expire.

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

Grants & Agreements Specialist		Date

In witness whereof, the parties have executed this MOU as of the last date written below.

 

John Konzen, President Kootenai Forest Stakeholders Coalition		Date
PAUL BRADFORD, Forest Supervisor USDA Forest Service, Kootenai National Forest		Date