This Memorandum of Understanding is made and entered into by and between
the Indiana Karst Conservancy, Inc., an Indiana not-for-profit corporation,
referred to as the Conservancy, and the Forest Service, USDA. referred
to as the Forest Service, under the provisions of the following:
- Organic Administration Act of June 4, 1897 (16 U.S.C. 475), 36 CFR
294.1,
- Volunteers in the National Forest Act (16 USC 558),
- Federal Cave Resources Protection Act of 1988 (16 U.S.C 4300-4309,
102 Stat. 4546),
- National Memorandum of Understanding (between the U.S. Department of
Agriculture, Forest Service, and the National Speleological Society,
- National Environmental Policy Act of January 1, 1970 (42 U.S.C. 4321).
Purpose:
Caves are a natural resource which have important scientific, recreational,
educational, and scenic values. These are unique, nonrenewable resources
which are easily destroyed or permanently damaged. A11 contents of a cave,
its speleothems, life forms, cultural, paleontological, and other deposits,
and its related karst features are significant to its value and need protection.
Effective cave management requires resolution of conflicts between cave
resource protection and other surface and subterranean activities.
The purpose of this Memorandum of Understanding is to promote the effective
protection and management of the caves in the Hoosier National Forest,
which are the responsibility of the Forest Service, by involving Indiana
cavers, through the Conservancy, which was established to preserve caves
and karst features and to promote the study of, conservation of, and education
about caves and karst resources.
To achieve this goal, the parties hereto agree as follows:
Definitions:
For the purposes of this agreement, the definitions found in Forest
Service Manual 2356.05 shall apply.
Article I
Subject to the availability of funds, the Conservancy, through its designees,
shall:
- Provide results of an IKC-directed surface inventory of karst features,
cave locations, inventory of cave resources, and information derived from
a literature search for cave resource information for identified project
areas upon specific request by the Hoosier National Forest Supervisor through
the Forest Cave Resource Specialist.
- Assist in the development and execution of the Hoosier National Forest
directed systematic inventory and study of karst and cave resources on
the Hoosier National Forest. Such support could include, but not be limited
to, the provision of a multi-disciplinary team, transportation, subsistence
and materials needed to inventory and investigate the cave and karst resources
of the Hoosier National Forest. The multi-disciplinary team will ordinarily
consist of a core team which will be composed of persons with skills and
knowledge in the areas of cave biology, geology, and cartography. Persons
with other skills and knowledge associated with caves will be used to build
additional capabilities into the inventory team.
- Establish a standing Committee, to be known as the Hoosier Forest Projects
Committee, to be composed of representatives of interested Indiana caving
groups including the Indiana Cave Survey, to encourage state-wide participation
and input from the Indiana caving community.
- Provide a coordinator, as a representative of the group. The coordinator
will be the chairman of the committee, and will be named in writing by
the Conservancy's leadership.
- Meet at least once annually with the Forest Service to exchange such
information as may be pertinent to this Memorandum of Understanding.
- Stipulate that information developed by the Conservancy will be proprietary
(owned by the Conservancy and/or participating group(s)), and may be made
available to the Forest Service to aid its management decision making.
- Provide cave location and inventory data. Under an agreement between
the Indiana Karst Conservancy and the Indiana Cave Survey, the names, location,
and all inventory information for every cave known to the Indiana Cave
Survey within the Hoosier National Forest Purchase Unit Boundaries will
be provided to the Hoosier National Forest through the Hoosier Forest Projects
Committee. Each cave information sheet containing a cave location and associated
name will be stamped, "Property of the Indiana Cave Survey provided
under agreement with HNF."
The Hoosier Forest Projects Committee coordinator is responsible for
the security and handling of this information. In this capacity this individual
coordinates with the Hoosier National Forest Cave Resource Specialist in
matters pertaining to cave file security.
The database of Indiana cave locations and inventory data provided to
the Hoosier National Forest shall be kept current and updated with new
information, including newly-discovered cave locations and, shall be passed
along on an ongoing and timely basis as it is acquired by the Indiana Cave
Survey operating through the Hoosier Forest Projects Committee.
- Stipulate that information developed by the Hoosier National Forest
thru its employees, contractors, or other cooperators will be proprietary
(owned by the Forest Service) unless placed in the public domain. Cave
location information provided to the Conservancy shall be with maintained
as confidential with the assurance that any disclosure will not create
a substantial risk of harm, or destruction to a cave(s). The Hoosier National
Forest Cave Resource Specialist will be consulted in any such decisions
where such risk is potentially present.
- Provide reports to the Forest Supervisor, or his designee, on its work
on the Hoosier National Forest and other selected activities which may
be used for support of resource management.
Upon request, provide draft maps of caves that the Conservancy and/or
participating groups has surveyed and other proprietary information that
can be helpful in the protection of caves, interpretation of cave resources
or the management of other natural resources.
- Participate with the Forest Service in administrative studies relating
to cave and karst resources.
- As requested by the Forest Service, coordinate the efforts of others
wishing to study the cave and karst resources. Applications for cave location
information by Federal, State, educational, or research institutes will
be referred to the Indiana Cave Survey through the Hoosier Forest Projects
Committee.
The Conservancy will supply the Forest Service a current list of caving
organizations. Individual publics desiring cave location information will
be referred to these groups. The general karst area within the Forest will
not be maintained confidential, but will be treated as public information.
- Provide the Forest Service with an authenticated copy of the Articles
of Incorporation, By-Laws, organization chart, a current list of Conservancy
Directors and officers and a list of the members and officers of the Hoosier
Forest Projects Committee.
- Upon request by the Forest Service provide information, educational
or interpretive programs for Forest staff and/or the public.
- Inform the Forest Service of any matters which may affect the administration
and/or management of the resources of the Forest.
- Provide photographs to document inventory findings.
- Insure that all team members working under the direction of the Hoosier
Forest Projects Committee and this MOU have a properly executed National
Forest Volunteer Agreement currently on file with the Forest Service.
- Agree not to investigate or access areas of any cave supporting known
populations of endangered bats during the winter hibernation period of
September 1 through March 31 unless entry is for a specific purpose concerning
the bats (i.e. censusing, etc.). If any bats which are included on the
endangered and threatened list compiled by the U.S. Department of the Interior
are observed during investigations, operations in this area will be halted
immediately and findings reported to the coordinating Forest Service officer.
Further investigative activities will be at the discretion of the Forest
Service.
- Comply with all rules and regulations which apply to the Hoosier National
Forest and the Conservancy's activities.
- Not disturb any prehistoric or historic resources found during its
investigations. The locations of caves, along with photographs of cave
interiors and any artifacts found lying on the surface of the ground, will
reported as a part of this agreement but no artifacts shall be removed.
Article II
The Forest Service shall:
- Provide the Conservancy (and the Indiana Cave Survey through the Hoosier
Forest Projects Committee coordinator) with current cave location data
and information acquired by the Hoosier National Forest on a timely basis,
regarding cave and karst resources on the Hoosier National Forest.
- On a case-by-case the Forest Service will provide ingress and egress
on Forest Service controlled roads for access to National Forest lands
to carry out the cave and karst inventory.
- Provide direction and guidance for a proactive cave inventory program
on the Forest. The Forest will recruit, direct and support caver volunteers
for a comprehensive inventory of Forest cave and karst resources.
- Provide a Forest Service coordinator under the title of "Cave
Resource Specialist" who shall be named in writing.
- Provide the Conservancy with information on current State and Federal
lists of threatened and endangered species. Coordinate activities involving
any endangered, threatened or sensitive plant or animal species.
- Keep the Conservancy informed and consult with the Conservancy when
proposed management decisions or actions will impact activities governed
by this agreement.
At least one representative from the Conservancy will participate as
a team member for writing individual cave management plans. The President
of the Indiana Karst Conservancy, or the Hoosier Forest Project Committee
coordinator as designated in writing will sign individual cave management
plans along with the Forest Supervisor and Ranger.
The Hoosier Forest Project Committee coordinator will be notified, on
a timely basis, of proposed projects and planning actions with the potential
to impact karst areas on the Forest. Consultation will also be made in
actions pertaining to designation of Significant Caves under the Federal
Cave Resources Protection Act.
- Provide Cave File Security procedures as follows:
The Forest will assign one individual as "Cave Resource Specialist."
This individual will be accountable to the Forest Supervisor for cave file
maintenance and security. The files will be maintained under lock and key
with access controlled by this individual.
This responsibility is handed over to "The District Cave Resource
Coordinator" for the period of time file information is available
for use in planning and administration on the District.
Cave location information is made available to individuals, caver volunteers,
and teams on the Forest on a need-to-know basis. Files must be returned
to the Cave Resource Specialist on a timely basis. Cave file information
will not be maintained on the district or outside the protected cave file
system.
On rare occasions cave locations may need to be revealed when a cave
is endangered by a proposed project and public input is required. In these
instances the HFPC Coordinator will be consulted prior to any such action.
Subject to the availability of funds the Forest Service shall:
- Review promptly reports, maps and other data submitted by the Conservancy.
- Provide duplicating services to the extent that personnel or volunteers
are available for Hoosier National Forest karst related Projects.
- Upon request, furnish topographic, geologic and National Forest ownership
maps.
- Work through the Conservancy's coordinator to provide reimbursement
for some incidental expenses incurred under individually negotiated volunteer
agreements.
- Provide expertise and training in disciplines not available to the
Conservancy depending upon the availability of people.
- Provide training and support in the use of surface survey equipment.
- Manage its cave resources through The Hoosier National Forest Land
and Resource Management Plan, Hoosier National Forest Cave Management Implementation
Plan, Individual Cave management plans, and other planning documents, based
upon certain information provided by the Conservancy, and National Forest
directed Karst Analysis and Resource Survey Team volunteers. Such plans
may be made available for public review. However, certain information,
if released, may prove detrimental to the protection of speleothems, significant
archaeological sites, or endangered species that are protected by law,
and other cave resources. Such information is regarded as working documents
or is protected by law qualified under exempt categories of the Freedom
of Information Act, or The Federal Cave Resources Protection Act. Such
documents, or parts thereof, may be withheld from requesters if judged
to be sensitive or if such release would be detrimental to resource protection,
or create problems in the final decision process.
Article III
Jointly the Conservancy and Forest Service shall:
- Develop plans for administrative studies and priorities.
- Plan incidental expenses to be reimbursed by the Forest Service.
- Supplement reports with photographs for documentation.
- Review the credentials of potential team members and agree upon their
acceptance or non-acceptance.
Article IV
This Memorandum of Understanding will become effective as of the latest
date of signature by representatives of each party. This Memorandum of
Understanding may be changed at any time, by mutual agreement of the parties,
such amendments to be incorporated in writing as appendices to this agreement.
This Memorandum of Understanding may be terminated 60 days after the written
request of either party.
USDA Forest Service, Wayne Hoosier National Forest
By: Frank Voytas, Forest Supervisor 8/7/90
Indiana Karst Conservancy,Inc.
By: Keith Dunlap, President Aug 8, 1990