MOU-09-11-90-18

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Memorandum of Understanding
between the
Forest Service-U.S. Department of Agriculture
and the
Indiana Karst Conservancy, Inc.

(As Amended August 8, 1990)

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:

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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. Meet at least once annually with the Forest Service to exchange such information as may be pertinent to this Memorandum of Understanding.
  6. 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.
  7. 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."
  8. 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.

  9. 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.
  10. 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.
  11. 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.

  12. Participate with the Forest Service in administrative studies relating to cave and karst resources.
  13. 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.
  14. 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.

  15. 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.
  16. Upon request by the Forest Service provide information, educational or interpretive programs for Forest staff and/or the public.
  17. Inform the Forest Service of any matters which may affect the administration and/or management of the resources of the Forest.
  18. Provide photographs to document inventory findings.
  19. 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.
  20. 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.
  21. Comply with all rules and regulations which apply to the Hoosier National Forest and the Conservancy's activities.
  22. 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:

  1. 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.
  2. 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.
  3. 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.
  4. Provide a Forest Service coordinator under the title of "Cave Resource Specialist" who shall be named in writing.
  5. 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.
  6. Keep the Conservancy informed and consult with the Conservancy when proposed management decisions or actions will impact activities governed by this agreement.
  7. 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.

  8. Provide Cave File Security procedures as follows:
  9. 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:

  10. Review promptly reports, maps and other data submitted by the Conservancy.
  11. Provide duplicating services to the extent that personnel or volunteers are available for Hoosier National Forest karst related Projects.
  12. Upon request, furnish topographic, geologic and National Forest ownership maps.
  13. Work through the Conservancy's coordinator to provide reimbursement for some incidental expenses incurred under individually negotiated volunteer agreements.
  14. Provide expertise and training in disciplines not available to the Conservancy depending upon the availability of people.
  15. Provide training and support in the use of surface survey equipment.
  16. 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:

  1. Develop plans for administrative studies and priorities.
  2. Plan incidental expenses to be reimbursed by the Forest Service.
  3. Supplement reports with photographs for documentation.
  4. 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

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