Memorandum of Understanding between the U.S. Department of Agriculture - Forest Service and the Michigan Karst Conservancy, Inc.
This Memorandum of Understanding is made and entered into by and between the Michigan Karst Conservancy, Inc., a Michigan not-for-profit corporation, referred to as the Conservancy, and the Forest Service, USDA, referred to as the Forest Service, under the applicable 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 U.S.C. 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 Inc.,
National Environmental Policy Act of January 1, 1979 (42 U.S.C. 4321).
Purpose:
Karst areas and features, including caves, are natural resources that have important environmental, scientific, recreational, educational, and scenic values. These are unique, nonrenewable resources, which can easily be damaged or destroyed. In particular, caves, their speleothems, life forms, cultural, paleontological, and other deposits, and their related karst features, are significant and need protection. Effective management of karst features requires resolution of conflicts between karst resource protection and other surface and subterranean activities.
The purpose of this Memorandum of Understanding is to promote the effective protection and management of karst features of the Hiawatha National Forest, which are the responsibility of the Forest Service, by involving knowledgeable volunteers, through the Conservancy, which was established to preserve karst features in Michigan, and to promote the study of, conservation of, and education about karst resources.
To achieve this goal, the parties hereto agree as follows:
Definitions:
For the purpose of this agreement, the definitions found in Forest Service Manual 2356.05 shall apply.
Article I
Subject to the availability of funds and volunteers, the Conservancy, through its designees, shall:
1. Provide results of a Conservancy directed inventory of karst features, both surface and subterranean, and information derived from literature searches for identified project areas, upon specific request by the Hiawatha National Forest Supervisor through the Forest Karst Program Manager.
2. Assist in the development and execution of the Hiawatha National Forest directed systematic inventory and study of karst resources on the Hiawatha 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 karst resources of Hiawatha National Forest. The multi-disciiplinary team will ordinarily consist of a core team which will be composed of persons with skills and knowledge in the areas of karst biology, geology and cartography. Persons with other skills and knowledge associated with karst features will be used to build additional capabilities into the inventory team.
3. Establish a standing Committee, to be known as the Hiawatha Forest Projects Committee, to be composed of representatives of interested Michigan caving, nature, and geology groups, to encourage state-wide participation and input from such groups.
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. Provide karst feature location and inventory data. The names, locations, and all inventory information for every cave and other significant karst feature known to the Conservancy within the Hiawatha National Forest boundaries will be shared with the Hiawatha National Forest through the Hiawatha Forest Projects Committee.
Each information sheet containing a cave or significant karst feature location and associated name will be stamped, "Property of the Michigan Karst Conservancy. Provided under agreement with Hiawatha National Forest."
The Hiawatha Forest Projects Comittee Coordinator is responsible for the security and handling of this information. In this capacity the individual coordinates with the Hiawatha National Forest Karst Program Manager in matters pertaining to karst feature file security.
The database of inventory data provided to the Hiawatha National Forest shall be kept current and updated with new information, including newly discovered feature locations, and shall be passed along on an ongoing and timely basis as it is acquired.
7. Stipulate that information developed by the Hiawatha National Forest through 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 maintained as confidential with the assurance that any disclosure will not create a substantial risk of harm, or destruction to a cave(s). The Hiawatha National Forest Karst Program Manager will be consulted in any such decisions where such risk is potentially present.
8. Provide reports to the Forest Supervisor, or his designee, on its work on the Hiawatha 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 the caves, interpretation of cave resources or the management of other natural resources.
9. Participate with the Forest Service in administrative studies relating to karst resources.
10. As requested by the Forest Service, coordinate the efforts of others wishing to study the karst resources. Application for cave location information by Federal, State, education, or research institutes will be referred to the Hiawatha 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.
11. Provide the Forest Service with an authenticated copy of the Articles of Incorporation, Bylaws, organization chart, a current list of Conservancy Directors and Officers, and a list of the members and officers of the Hiawatha Forest Projects Committee.
12. Upon request by the Forest Service provide information, educational or interpretive programs for Forest staff and/or the public.
13. Inform the Forest Service of any matters that may affect the administration and/or management of the resources of the Forest.
14. Provide photographs to document inventory findings.
15. Insure that all team members working under the direction of the Hiawatha Forest Projects Committee and this Memorandum of Understanding have a properly executed National Forest Volunteer Agreement currently on file with the Forest Service.
16. 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 May 1) unless entry is for a specific purpose concerning the bats (i.e. censusing, etc.). If any bats that 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.
17. Comply with all rules and regulations that apply to the Hiawatha National Forest and the Conservancy's activities. 18. Not disturb any prehistoric or historic resources found during its investigations. The locations of caves, along with photographs of cave interiors and artifacts found lying on the surface of the ground, will be reported as a part of this agreement, but no artifacts shall be removed.
Article II
The Forest Service shall, subject to funding availability:
1. Provide the Conservancy with current karst feature location data and information acquired by the Hiawatha National Forest on a timely basis, regarding karst and cave resources on Hiawatha National Forest.
2. On a case-by-case basis, the Forest Service will provide ingress and egress on Forest Service controlled roads for access to National Forest lands to carry out the karst inventory.
3. Provide direction and guidance for a proactive karst features inventory program on the Forest. The Forest will recruit, direct and support qualified volunteers for a comprehensive inventory of Forest karst resources.
4. Provide a Forest Service coordinator under the title "Karst Program Manager", who shall be named in writing.
5. Provide the Conservancy with information on current State and Federal lists of threatened and endangered species as appropriate. Coordinate activities involving any endangered, threatened or sensitive plant or animal species.
6. Keep the Conservancy informed when proposed management decisions or actions will impact activities governed by this agreement.
If individual cave management plans are to be written, at least one representative from the Conservancy will participate as a team member. The President of the Michigan Karst Conservancy, or the Hiawatha Forest Projects Committee Coordinator as designated in writing, will sign individual cave management plans along with the Forest Supervisor and Ranger.
The Hiawatha Forest Projects 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 on actions pertaining to designation of Significant Caves under the Federal Cave Resources Protection Act.
7. Provide Cave File Security procedures as appropriate.
8. Review reports, maps and other data submitted by the Conservancy.
9. Provide duplicating services to the extent that personnel or volunteers are available for Hiawatha National Forest karst related projects.
10. Upon request, furnish topographic, geologic and Natonal Forest ownership maps.
11. Work through the Conservancy's Coordinator to provide reimbursement for some incidental expenses incurred under the individually negotiated volunteer agreements.
12. Provide expertise and training in disciplines not available to the Conservancy, depending upon the availability of people.
13. Provide training and support in the use of surface survey equipment.
14. Manage its karst resources through the Hiawatha National Forest Land and Resource Management Plan, Individual Cave Management plans, and other planning documents, based upon information developed in conjunction with the Conservancy, and karst 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. 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.
15. Nothing in this agreement shall be construed as obligating the FOREST SERVICE to expend, or as involving the United States in any obligation for future payment of money in excess of appropriations authorized by law and administratively allocated for these purposes.
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 documention.
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, Hiawatha National Forest Michigan Karst Conservancy Inc.
By: William F. Spinner, Forest Supervisor Aubrey Golden, President
Date: 5-22-97 4-29-97