Management Agreement NSS and FWS for the Potter Brothers Unit
MANAGEMENT AGREEMENT
NATIONAL SPELEOLOGICAL SOCIETY
WITH THE
FISH AND WILDLIFE SERVICE
FOR THE
POTTER BROTHERS UNIT
CONTAINING CRYSTAL CAVE AND BLUE MOON CAVE
WHEREAS, the National Speleological Society (NSS) owns certain lands in Cherokee County, Oklahoma with important cave and Ozark forest resources, including unique wildlife, geological, archeological, paleontological, and historic resources,
WHEREAS, certain of these lands managed by the NSS have special value for Fish and Wildlife Service (FWS) trust resources including federally listed endangered Ozark big-eared bats (Corynorhinus townsendii ingens) and gray bats (Myotis grisescens) and migratory birds,
WHEREAS, the FWS is the agency of the United States Government responsible for conservation and management of wildlife resources including federally listed endangered species and migratory birds, and such agency has expressed a desire to administer and protect wildlife habitat on the NSS property; and
WHEREAS, the NSS is agreeable to such use, and has an objective to work for the protection of caves through establishing cave preserves in cooperation with other groups similarly dedicated to the conservation of natural areas and has entered into a National Memorandum of Understanding (attached) with the FWS on cave management.
NOW, THEREFORE, the NSS hereby grants to the FWS, Department of Interior a permit upon, and makes available to the said FWS, for the purposes of and subject to terms and conditions hereinafter set forth, all those lands waters described in Exhibit "A" attached hereto and made a part hereof.
The FWS shall use the said property containing approximately 189 acres, more or less, as a unit of the Ozark Plateau National Wildlife Refuge pursuant to the authorities contained in the Endangered Species Act of 1973 (87 Stat. 884) and the Fish and Wildlife Refuge Administration Act of 1966 (80 Stat. 926) under the following terms and conditions:
1. SPECIFICALLY, THE FWS WILL:
a. Limit disturbance and habitat degradation by controlling access to Crystal Cave and Blue Moon Cave by maintaining confidentiality of their locations and constructing and maintaining fences, roads, road gates, cave gates, and interpretative signs and marking boundaries where appropriate.
b. Protect bat foraging habitat, movement corridors, resting and roosting areas, neotropical migratory bird habitat, and ground water recharge areas to assure ground water quality. This will be done by protecting the continuous stands of Ozark forest by controlled burning, protecting and re-establishing native vegetation, maintaining water control structures and pond dams, and boundary marking and fencing. This can be accomplished through the FWS Partners for Fish and Wildlife Program, Section 6 of the Endangered Species Act, and Landowner Incentive Program.
c. Develop and maintain partnerships with nearby and adjacent private landowners, conservation organizations; tribes; and county, state, and federal agencies. This also, can be done through the use of the Partners for Fish and Wildlife Program and Section 6 of the Endangered Species Act and Landowner Incentive Program.
d. Map the caves’ recharge areas to identify their extent, openings, overlying land use and drainage patterns.
e. Coordinate with county, state, tribal and federal law enforcement. The FWS’s Divisions of Law Enforcement and Refuges and Wildlife will help to assure that protection and management measures are successful, by enforcing provisions of the Endangered Species Act and the Wildlife Refuge Administration Act on the Potter Brothers Unit.
f. Document base line conditions, monitor populations of both listed and species of concern, and sample surface and ground water quality to identify potential problems and determine if management activities are effective.
2. SPECIFICALLY, THE NSS WILL:
a. With prior notice and approval, allow the FWS access to its property and the caves to assess cave conditions and monitor cave species populations.
b. Form a management committee charged with oversight of the caves to assure the property is managed to limit any decline in the condition of the surface resources, the caves and their contents.
c. Assist the FWS in monitoring and controlling human use of the cave, to prevent overuse and use during times of the year that might be detrimental to certain cave species.
d. Not construct structures or implement land use practices that may adversely affect the cave and its resources.
e. Inform the FWS of known existing and future surrounding land use practices and developments that may adversely affect groundwater quality and other cave resources.
f. Take into consideration the FWS’s utilization of the lands for endangered species management in order to insure compatibility of the NSS’s activities with wildlife management, whenever practicable.
3. This permit may be terminated by 30 days written notice in whole or in part by either party hereof under the following conditions or circumstances:
a. In the event the NSS determines that termination of the permit is necessary for any reason.
b. In the event the FWS fails to use the said premises in accordance with the terms and conditions of this permit.
c. In the event the FWS determines continued use of the area for wildlife purposes is undesirable or no longer necessary for any reason.
4. Nothing in this agreement shall be construed to place a financial commitment upon any of the parties. Actions taken and funds expended to implement this agreement are contingent upon appropriations, priorities, and other constraints. In the event that funding is committed, any obligation of funds will be done under a separate contract, purchase order, grant, or cooperative agreement.
5. Fixtures, equipment, facilities, or other property of the FWS constructed or maintained on the said premises shall be and remain property of the FWS and may be removed at any time prior to the termination of this permit. Any property of the FWS not removed from the premises within 3 months after any termination of this permit shall become the property of the NSS.
6. All notices by the NSS concerning this permit will be addressed to Dale Hall, Regional Director, United States Fish and Wildlife Service, 500 Gold Avenue SW, Albuquerque, New Mexico 87102, and conversely all notices by the Service to the NSS will be addressed to National Speleological Society, 2813 Cave Avenue, Huntsville, Alabama 35810-4431.
7. This agreement shall become effective upon the latest date of execution, as indicated below, it being understood that it covers all caves and wildlife habitat located on the lands identified in Exhibit "A", attached hereto and containing approximately 189 acres, more or less, owned by the NSS and located in Cherokee County, Oklahoma.
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the dates indicated.
U.S. Fish and Wildlife Service
Date: By: ________________________________
Regional Director
Region 2
National Speleological Society
Date: By: __________________________
President