An Administrative History
APPENDIX C: COOPERATIVE AGREEMENTS
MEMORANDUM OF UNDERSTANDING
THE NATIONAL PARK SERVICE
TEXAS PARKS AND WILDLIFE DEPARTMENT
This Memorandum of Understanding is between the National Park Service represented by the Regional Director and hereinafter referred to as the Service and the Texas Parks and Wildlife Department represented by the Director and hereinafter referred to as the Department.
WHEREAS, the Department has the responsibility under the laws and constitution of the State of Texas for the management, propagation, and protection of resident species of fish and wildlife found within the borders of the State, and is responsible for the benefit of the people of the State of Texas, and
WHEREAS, the Service is responsible under various acts, laws and treaties of the United States to administer and manage the lands, waters, natural and historic resources contained within the boundaries of National Park Service administered areas within the State of Texas, and
WHEREAS, the Department and the Service recognize the necessity for ecologically sound regional planning to perpetuate, and restore where opportunity presents, the diversity and abundance of fish and wildlife resources within the State of Texas, and desire to conduct joint and cooperative endeavors which will focus the skills and abilities of the Department and Service toward resolving mutual fish and wildlife problems, achieving maximum public benefits from the fish and wildlife resources, and ensuring that the respective objectives and responsibilities of the Department and Service are fulfilled.
A. The Service agrees:
To consult with the Department prior to initiating any fish or wildlife research project or implementing any plan, program, or regulation that may affect distribution, numbers, species, or public use of fish and wildlife found within or adjacent to areas administered by the Service.
Consistent with the respective official Service policies and objectives for natural and historic areas, the Service will practice those forms of management that will benefit fish and wildlife.
To provide the Department with copies of all vital reports and correspondence directly related to this agreement.
To cooperate with the Department in the joint enforcement of applicable game and/or fish and boating laws on lands and waters administered by the Service.
To provide the Department with copies of general wildlife studies, surveys, and reports of mutual interest.
To consult with Department biologists on studies, research, or management of endangered species.
B. The Department agrees:
To consult with the Service before establishing hunting and fishing seasons and regulations or implementing management programs that may affect the fish or wildlife resources of the areas administered by the Service.
To provide necessary authorization or permits to the Service for management or restoration of wildlife populations in Service areas.
C. The Department and the Service mutually agree:
To establish a Technical Study Committee or Committee as needed, composed of biologists, wildlife managers and other professionals of both agencies to jointly study regional fish and, wildlife problems and develop recommendations for long-range and annual fish and wildlife programs.
To meet jointly at least once annually to consider recommendations of the Technical Study Committee and other subjects of mutual interest.
To encourage the joint publication of press releases and interchange between parties of all pertinent agency policy and objectives, statutes, rules and regulations and other information as required for the wise use and perpetuation of regional fish and wildlife resources.
To enter into working arrangements as occasion demands for the use of lands, buildings, and other facilities owned and operated by either party hereto, for special projects.
To enter into supplemental agreements to this Memorandum of Understanding as necessary to carry out joint programs in the individual units administered by the Service.
That nothing in this Memorandum of Understanding shall be construed as obligating either party hereto to the expenditure of funds or for the future payment of money in excess of appropriations authorized by law.
That nothing contained herein shall be construed as limiting in any way the responsibility and authority as defined by law, of the Director, National park Service, and the Director of the Texas Parks and Wildlife Department, in connection with the administration and protection of lands and resources under their respective administration.
That no member of, or Delegate to Congress, or Resident United States Commissioner, shall be admitted to any share or part of the Memorandum of Understanding or to any benefit to arise therefrom, unless it is made with a corporation for its general benefit.
That this Memorandum of Understanding shall become effective when signed by the parties hereto and shall continue in force for a period of 5 years from its effective date. It may be terminated by either party upon 60 days notice in writing. Amendments to this Memorandum of Understanding may be proposed by either party and shall become effective upon written approval by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding as of the date last signed below.
NATIONAL PARK SERVICE
TEXAS PARKS AND WILDLIFE DEPARTMENT
NATIONAL PARK SERVICE
UNITED STATES DEPARTMENT OF THE INTERIOR
Carlsbad Caverns Natural History ASSOCIATION*
This Memorandum of Agreement is between the National Park Service (hereinafter referred to as the "Service"), an agency of the United States Department of the Interior, acting in this behalf through the Director, National Park Service, or his designee, and the Carlsbad Caverns Natural History Association (hereinafter referred to as "Association"), acting through the Chairman of its Board of Directors or the Board's designee.
WHEREAS, it is the purpose of the Service to preserve, interpret, and manage the National Park System for the benefit, education, and enjoyment of the people of the United States, as provided for in the Act of August 25, 1916 (16 U.S.C. Sec. 1, et seq.); and
WHEREAS, the Service desires to provide facilities and cooperating services for the sale of materials of interpretive and educational value and for the presentation of specified programs relating to the interpretive themes of areas of the National Park System; and
WHEREAS, the Association has the education, historical, scientific, and nonprofit purposes of assisting historical, scientific, educational, and interpertive activities of the Service;
NOW, THEREFORE, pursuant to authority contained in the Acts of August 25, 1916 (16 U.S.C. Sec. 1-3), August 7, 1946 (16 U.S.C. Sec. 17j-2), August 21, 1935 (16 U.S.C. Sec. 461-468e), June 5, 1920 (16 U.S.C. Sec. 6), August 8, 1953 (16 U.S.C. Sec. 1b5), August 18, 1970 (16 U.S.C. Sec. 1a-2(g)), and other laws supplemental thereto and amendatory thereof, and in consideration of the mutual benefits which will accrue to the Service and the Association, the parties agree as follows:
The Service authorizes the Association to provide, and the Association agrees to provide, the hereinafter described interpretive and educational services to the visiting public for a period of five years conmencing on the day following the ratification of this Agreement by the Service. This Agreement will automatically renew for another five year period on October 1 of the last year, unless reasonable notice of cancellation is given by either party before the date of renewal. While the Service reserves the right to terminate the Agreement, or any part thereof, at any time upon reasonable notice without the necessity of any legal process, the Service will hold a meeting with the Association prior to the termination setting forth the reasons for termination.
2. ASSOCIATION RESPONSIBILITIES
The Association may use facilities within the Park for the sale of educational and interpretive items for the benefit of the visiting public.A. Sales Items
(1) The Association may sell only interpretive and educational items, such as publications, maps, visual aids, handicrafts, and other objects directly related to the interpretive and educational themes of the Park and Park System. This does not prohibit granting of a con cession permit to an Association authorizing the sale of other items.
(2) The Association shall not sell original artifacts, such as potsherds or battlefield relics, to which the Antiquities Act of June 8, 1906 (16 U.S.C. Sec. 431-433) or 43 C.F. R., Part 3, would apply if discovered on public lands, notwithstanding whether such objects were in fact discovered on lands owned or controlled by the United States.
(3) The Association is not by this Agreement granted the right to sell items, the sale of which would infringe on applicable contract rights of a concessioner.
(4) The Association shall maintain a high standard of quality in all items produced or sold.
(5) The Association shall not sell any item which has not been approved by the park superintendent or an appropriate Service person, as designated by the Director. The Association shall allow publications to be reviewed by the Service on editorial and design quality.
(6) The Association shall sell items at fair market value provided that such prices shall be approved in advance by the park superintendent or an appropriate Service person, as designated by the Director.
(7) The Association shall display the sales items in good taste and in keeping with the general design and decor of the Park.
(1) The Association may redesign and renovate existing sales facilities as necessary, including renovation of display structures, furnishings, equipment, signing, display lighting, and lighting in the immediate area of the facility, provided that all plans therefore are approved in advance by the Service.
(2) The Association shall keep the sales facilities clean and presentable throughout the workday.
(3) The Association shall exercise reasonable care to prevent damage to any Government property used by it during its operation and shall, insofar as possible, protect all such property.
C. Records and Accounting
(1) The Association shall conduct its fiscal operations in accordance with accepted business practices, utilizing purchase orders, receipts, invoices, and inventory records.
(2) The Association shall comply with the Standard Accounting System for cooperating associations, which is attached as Exhibit A.
(3) The Association shall submit to the Director, through the Superintendent and the Regional Director, annually within 90 days following the end of each fiscal. year a complete financial report. The report shall be accompanied by a written summary of Association activities for the year.
(4) The Director, or his designee, may review the records of the Association during the term of this Agreement.
(1) The Association shall provide such personnel as are reasonably necessary to operate the sales facilities as indicated by the level of gross sales. These personnel may include, as necessary, a central business office staff, local facility managers, and sales clerks. Otherwise, Service personnel may offer sales items to the public as an incidental supplement to their interpretive duties.
(2) The Association shall designate an Association member or employee who is authorized to act as liaison with the Service.
(3) All Association employees involved in visitor contact shall be oriented in the park's visitor service programs and shall be certified by the park superintendent before assuming such responsibilities.
(4) An evident and distinct separation shall be maintained between the activities of the Association and those of the Service. All steps shall be taken to avoid even an appearance that the Service directs the management or decision-making process of the Association.
(5) Association personnel are not Government employees and are not authorized to undertake any Governmental function or activity on behalf of the Service beyond routine visitor information services and participation in museums and living history or like programs. Association employees shall not engage in activities which would reasonably lead the visiting public to conclude that they are Government employees. No Association employee shall wear a Service or other Government uniform. All Association employees shall wear some easily observable and readily identifiable indicia of Association affiliation while in the Park on Association business.
(1) Hours of operation, rates and prices, standards of service, and merchandise to be sold shall be subject to the approval of the Director.
(2) The Association may at any time make a written request for such necessary approvals. Failure to disapprove within thirty days of receipt of such written request shall be deemed to constitute Service approval. This subparagraph does not apply to the approval required by subparagraph 2B
F. Interpretive Activities
(1) Interpretive activities engaged in by the Association must meet Service standards and be approved by the Park Superintendent.
(2) Interpretive activities conducted by the Association will be directed by the Park Superintendent or through the executive secretary, when a Service employee, provided, however, the Association personnel shall only be available for the purposes of the interpretive activity.
3. SERVICE RESPONSIBILITIES
The Service agrees to allow the Association to use those facilities within the Park which are designated in Exhibit B for the sale of educational and interpretive items for the benefit of the visiting public.
A. Sales Items
The Service shall cooperate with the Association in the planning and design of merchandise appropriate for sale by the Association at the facilities provided therefore by the Service.
(1) The Service shall provide the Association with such sales and other facilities as are identified in Exhibit B, and such other facilities as may hereafter deemed necessary or desirable by the Service, provided that the Service reserves the right to relocate or withdraw any such facilities in order to meet needs of the Service upon reasonable notice. The Service shall have emergency access to all facilities, which shall also be subject to the right of the Service to make such surveys and inspections as the Service deems necessary.
(2) The Service reserves the right to design and construct any new facilities, and shall allow the Association to review and comment on any plans therefore.
(3) The Service shall provide the Association with incidental utility services at each assigned facility, including water, electricity. heat, air conditioning (if available in the building), to the extent these utilities are required for the operation of the building for Governmental purposes. All other utilities will be provided the Association on a reimbursable basis.
(4) The Service shall provide all general maintenance and repair services for the Government-owned buildings.
(5) The Service shall designate an employee who shall act as liaison with the Association.
4. SUPPLEMENTAL AGREEMENTS
The Service and the Association further agree that, by supplemental agreement, the Association may offer additional educational and interpretive services which support the mission of the Park. This includes assisting, planning, and conducting the presentation of interpretive and educational programs, involving as needed, but not limited to, employment of interpreters, purchasing of supplies, and sale of program products.
5. INDEMNIFICATION AND INSURANCE
A. The Association shall indemnify, save and hold harmless and defend the United States against all fines, claims, damages, losses, judgments, and expenses arising Out of or from any omission or activity of the Association in connection with activities under this Agreement.
***B. The Association shall procure public and employee liability insurance with a minimum limitation of $100,000 for any number of claims from any one incident, with respect to the activities of the Association and its employees. The United States of America shall be named as an additional insured on all such policies. All such policies shall specify that the insurer shall have no right of subrogation against the United States for payment of any premiums or deductibles thereunder, and such insurance policies shall be assumed by, credited to the account of, and undertaken at the Association's sole risk.
6. ASSOCIATION ORGANIZATION
A. The Association's Articles of Incorporation and By-Laws shall comply with requirements of the State in which the Association is in corporated. Non-profit status must be maintained in accordance with Federal and State laws and the Association will make available for inspection at the request of the Service documents demonstrating non profit status. This contract will automatically terminate if non-profit status is lost.
B. Non-Service representation on the Board of Directors must be a majority. Service employees shall not represent the Association in any matter between the Association and the Service. When acting as an Officer or Association Board Member, a Service employee shall not participate in any Association decision concerning the relationship of the Association to the Service, including, but not limited to, executing or negotiating contracts, signing checks or hiring or firing Association employees.
C. The role of the Executive Secretary, or, in the case of an amalgamation, the equivalent position, when a Service employee, is to represent the interests of the National Park Service and to provide cooperative assistance to the Association. His or her scope of Association responsibility shall be limited to providing assistance in over seeing the day-to-day, routine business of the Association, and serving as liaison between the Service and the Association.
D. The Association treasurer shall not be a Service employee.
No transfer or assignment of this Agreement or of any part thereof or interest therein, directly or indirectly, voluntary or involuntary, shall be made unless such transfer or assignment is first approved by the Director or his authorized representative in writing.
Nothing herein contained shall be construed as binding the Service to expend in any one fiscal year any sum in excess of appropriations made by Congress or administratively allocated for the purposes of this Agreement for the fiscal year, or to involve the Service in any contract or other obligation for the further expenditure of money in excess of such appropriations or allocation.
A. The rights and benefits conferred by this Agreement shall be subject to the laws of the United States governing the National Park Service and to the rules and regulations promulgated thereunder, whether now in force or hereafter enacted or provided; and the mention of specific restrictions, conditions, and stipulations heroin shalt not be construed as in any way impairing the general powers of super vision, regulation and control by the Service.
B. No member of, or delegate to, Congress, or Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit that may arise therefrom, but this restriction shall not be construed to extend to this Agreement if made with a corporation or company for its general benefit.
C. The Association agrees that all its activities shall be conducted in accordance with all applicable laws and regulations, both State and Federal. Specifically, the Association shall comply with the requirements of (a) Executive Order No. 11246 of September 24, 1967, (b) Title 7., Section 503 of the Rehabilization act m. of September 26, 1968 (P.L. 93-112), which requires Government Contractors and Subcontractors to take affirmative action to employ and to advance in employment qualified handicapped individuals, and (c) with regulations heretofore or hereafter promulgated, relating to nondiscrimination in employment and in providing facilities and service to the public, as set forth in Exhibit B attached hereto and made a part thereof.
D. In all cases where rights or privileges are granted herein in general or indefinite terms, the extent of the use of such rights or privileges by the Association shall be determined by further written agreement.This Agreement is effective between the Association and the Service with regard to the following specified national park sites, which are collectively referred to throughout this Agreement as the "Park," to wit:
(1) Carlsbad Caverns National Park
(2) Guadalupe Mountains National Park
IN WITNESS WHEREOF, the Association has caused this Agreement to be executed this 30th day of January 1978.
Carlsbad Caverns Natural History Association
By: Chairman, Board of Directors
IN WITNESS WHEREOF, the Service has caused this Agreement to be ratified this 3rd day of March, 1978.
National Park Service
** Paragraph (4) has been designated to handle any special or unique problems. This point is negotiable.
*** This paragraph is non-negotiable except the "minimum limitation" of insurance. Acceptable coverage is left to the discretion of the Association. A $100,000 minimum is advised even for the smaller Associations.
MEMORANDUM OF UNDERSTANDING
UNITED STATES DEPARTMENT OF THE INTERIOR
NATIONAL PARK SERVICE
CARLSBAD CAVERNS NATIONAL PARK
GUADALUPE MOUNTAINS NATIONAL PARK
BUREAU OF LAND MANAGEMENT
ROSWELL DISTRICT OFFICE
CARLSBAD RESOURCE AREA HEADQUARTERS
UNITED STATES DEPARTMENT OF AGRICULTURE
LINCOLN NATIONAL FOREST
CONCERNING THE MANAGEMENT AND SUPPRESSION
OF WILDFIRES ALONG COMMON BOUNDARIES
Fire loss in the forests and on the rangelands of the Nation continues to be a matter of great concern to the American public, the State of New Mexico, and to the land management agencies in the Department of the Interior and the Department of Agriculture, Many of the land areas under the jurisdiction of these agencies are so located geographically that fire on lands in one jurisdiction may burn onto the lands of an adjoining jurisdiction. The Memorandum of Understanding (MOU) is entered into in order to provide a framework for cooperation in the management and suppression of wildfires along the common boundaries of the participating agencies.
This type of agreement is provided for in the 1986 Joint Powers Agreement between the State of New Mexico and the Federal Agencies of the Departments of Interior and Agriculture. It is also provided for in the Interagency Agreement that exists between the Departments of Interior and Agriculture in the Federal government.
The intent of these broad agreements is that local agreements may be entered into which provide for the sharing of resources, the utilization of the closest resource, and the use of suppression tactics which are the most cost effective and which most protect the resources to be managed, regardless of ownership. This Memorandum of Understanding is intended to be that type of local agreement.
A general basis for cooperation between the agencies of the Departments of the Interior and Agriculture on all aspects of wildfire management is provided by the 1983 Interagency Agreement between the BLM, BIA, NPS, USF&WS, and the USFS (83SIE001).
This MOU is entered into by the National Park Service, U.S. Department of the Interior, under the authority of 16 U.S.C. Sec. 1b; the Bureau of Land Management, U.S. Department of the Interior, under the authority of 43 U.S.C. Sec. 1701; and the U.S. Forest Service, under the authority of the Forest Service Cooperative Agreement Act of 1975 (16 U.S.C. 565 a13). These three Federal agencies will hereafter be referred to as the "agencies".
While the individual agencies will conduct fire management operations in keeping with their respective policies, they are also aware that there can be considerable benefits in cost effectiveness and safety if natural features are used to assist in the containment and/or control of wildfires. These natural features frequently transcend administrative boundaries dividing the agencies.
These agencies also recognize that the existing fire suppression mandates regulating individual agencies provide for management actions which will allow fires to burn or move into areas where safety, logistical, and resource management considerations warrant the fires can be better managed and/or contained. These agencies recognize that the above conditions may require that fires be allowed to burn across administrative boundary lines.
Further, it is recognized by all agencies that a better utilization of Federal funds can be accomplished through a cooperative effort of fire management, including prescribed fire. It is therefore considered beneficial for the three agencies to develop a cooperative effort in administering their fire programs.
NOW THEREFORE, in view of the above considerations, the three agencies agree as follows:
Nothing herein shall be construed to obligate any agency to expend or incur obligations for further payment of money in excess of amounts appropriated and allotted for administration of their respective areas.
The agencies will continue existing fire management cooperative efforts including the use of equipment caches, training opportunities, and the staffing of an inter-agency fire crew.
The agency upon whose land the fire originated will observe routine fire communication procedures and will begin communication with the adjoining agency as soon as the possibility of the fire crossing mutual boundaries becomes evident.
Each agency will respect the management ethics of its neighbor and will take reasonable action to prevent a fire from crossing mutual boundaries if the fire is deemed unacceptable by the receiving agency.
An agency which allows a fire to burn into its land will accept the responsibility of managing the suppression effort for that portion of the fire within its administrative boundaries.
The costs of extinguishing a fire, regardless of agency boundaries, will be borne by each agency according to its own involvement.
The agencies will meet annually at a mutually agreed upon date to review the operation effectiveness of this document and make any needed revisions.
Each party to the agreement does hereby expressly waive all claims against the other from compensation for any loss, damage. personal injury, or deaths occurring as a result of the performance of this MOU.
This MOU will become effective upon approval by all parties and will extend for a period of five years thereafter. The MOU may be amended, revised, or terminated in writing at any time by joint agreement of the supervisors, or their representatives, of the agencies after 30 days written notice.
IN WITNESS THEREOF, the agencies hereto have executed this Memorandum of Understanding as of the last date written below:
U.S. Department of the Interior
National Park Service
Approved by: Superintendent, Carlsbad Caverns National Park
Approved by: Superintendent, Guadalupe Mountains National Park
Bureau of Land Management
Approved by: District Manager, Roswell District
U.S. Department of Agriculture
Approved by: Forest Supervisor, Lincoln National Forest
NATIONAL PARK SERVICE
UNITED STATES DEPARTMENT OF THE INTERIOR
DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION
STATE OF TEXAS
This Cooperative Agreement is entered into under the authority of the Act of August 25, 1916, as amended, 16 U.S.C. § 1, et. seq., the Act of October 15, 1966, 16 U.S.C. § 283, and the Act of July 15, 1968, 16 U.S.C. § 460L22, by and between the United States, hereinafter referred to as the Service, and the State of Texas, acting through the Department of Highways and Public Transportation, hereinafter referred to as the Highway Department.
The purposes and mutual benefits of this agreement are as follows:
1. To facilitate relocation and replacement of the obsolete Texas Highway Department maintenance camp facility at Pine Springs, Texas, presently on the north edge of U. S. Highway 62-180 and in a scenic area within Guadalupe Mountains National Park, to a new site south of U. S. Highway 62-180 outside the park boundary and near the Service's maintenance and residential facilities.
2. To provide a suitable access route to the new Highway Department camp location for the use and purpose of serving the new camp as long as the camp facility is needed and is located in this area.
3. To help assure that maintenance work, including emergency storm response action on the portion of U. S. Highway 62-180 through and adjacent to Guadalupe Pass, including the portion of this primary road which passes through the park, is carried out to the benefit of park visitors and other travelers using this road.
4. To help assure that health and sanitary conditions and the appearance of both Service and Highway Department facilities in the area are compatible and meet acceptable standards.
This agreement will become effective upon signature by both parties and will continue in effect for as long as the new Highway Department camp facility occupies the new camp location immediately outside the park boundary and there is no other suitable and/or mutually agreeable access route to the new camp site. The agreement will not be terminated by either party without at least 60 days advance notice and without mutual agreement on an alternate access route and/or utility services to the new camp, unless the Highway Department and Service should mutually decide to close or move both its facilities, residential area, or camp to another location in the future, in which case they would be free to do so and the agreement would terminate without obligation. At present, it is agreed that the access route described in the following sections of this document is the only feasible route to the new maintenance camp facility.
THEREFORE, in order to accomplish the desired objectives and purposes of this agreement, the parties hereto in consideration of the considerations, benefits, promises, and convenants contained herein mutually agree as follows:
THE SERVICE AGREES:
1. To grant the Highway Department an easement for access along a route from U.S. Highway 62-180 to the new camp location described in the attached Exhibit "A," pages 1 and 2, labeled "Joint Use" and "Exclusive Use by the State of Texas." This easement will be granted contemporaneously with the granting by the State of Texas of a quitclaim deed for that property described in Exhibit "B" hereto. Until this exchange can take place, the Service will issue a Special Use Permit for the easement to the Highway Department. A drawing of this route, Exhibit "A," page 3, is also attached.
2. To allow the Highway Department to connect with the Service's main tenance area service road being built on a portion of this easement and to construct a paved extension in a southeasterly direction along the easement to the park boundary, a distance of approximately 20 feet, using State funds.
3. To construct and maintain the Service's portion of the road with a 6-inch bituminous surface to the point of connection to accommodate heavy equipment using the road.
THE HIGHWAY DEPARTMENT AGREES:
1. To construct and maintain the service road extension described under No. 2 above, using State funds.
2. After the new Highway Department maintenance camp facility is built and occupied, the Highway Department agrees to remove all buildings and structures from the old camp location and to clear the site, at State expense, leaving as much natural vegetation as possible. It is agreed that this will be done within a reasonable length of time as funds and Highway Department work schedules permit.
3. That at such time as the present site becomes surplus to the State's needs, the Highway Department will recommend that the Governor of Texas execute a proper instrument conveying title to the .94 acre of land at the old camp location, as described in the attached Exhibit "B," pages 1 and 2, labeled "Tract No. 01122," to the National Park Service in exchange for the easement for an access route to the new camp. The Texas Highway Department agrees that it will make no financial claims against the Service for relocation expenses.4. To continue to provide maintenance work and emergency storm response service on the portion of U.S. Highway 62-180 which crosses through Guadalupe Mountains National Park, as the Highway Department has done in the past from the old camp location.
5. To cooperate in having residents and workers at the Highway Department camp adhere to park rules and regulations, including those relating to speed limits on the park road.
6. To use the access route to the Highway Department camp only for the purpose of using, operating, servicing, or maintaining the camp and not as a through road or route to other locations not related or associated with the camp.
FURTHERMORE, in order to accomplish the purposes and objectives of this agreement,
THE SERVICE AND HIGHWAY DEPARTMENT MUTUALLY AGREE TO THE FOLLOWING:
1. The Highway Department will be allowed to tap into the park's Pine Springs water and sewer systems at the nearest feasible locations. The nearest 6-inch water main is located just inside the park boundary along the south fence of the Service's maintenance compound, and the nearest sewer lift station is approximately 375 feet inside the boundary.
2. The cost of tapping into Service lines and extending water and sewer service from the park-owned lines at the point of connection southward to the Highway Department camp will be paid by the Highway Department.
3. The Highway Department will provide a master water meter on the main water line to the camp either at the point of connection or at some other suitable location between the point of connection and the park boundary to measure water used by the camp.
4. A monthly charge will be made for water and sewer service provided to the camp. Rates will be based on the principle of comparability, as with park concessions, and will be the same as in the nearest community of Carlsbad, New Mexico. After the first year, rates may be adjusted and based on actual costs for operation of the park water and sewer systems, with charges pro-rated according to the amount of water used by both parties. Copies of current rate schedules for the city of Carlsbad, New Mexico, are attached, as Exhibit "C," pages 1 and 2.
5. Water supplied by the Service to the Highway Department will be for residential or domestic use only and not for highway construction or road project work. Water for actual highway maintenance and construction work will continue to be the responsibility of the Highway Department and will have to come from other sources.
6. The Service will continue to supply water for residential or domestic use at the camp as long as the Service occupies its Pine Springs residential and maintenance facilities and for as long as the well, which is the source of the park system, continues to produce a sufficient quantity to meet the needs of both parties. If an unexpected or unanticipated failure or decline in well water production should occur and conservation measures undertaken by both parties should not prove adequate to bring water supply and demand use into balance, the Service would be relieved of its responsibility to furnish water to the highway Department camp.
7. If the size of the Highway Department camp should be increased in the future, after initial construction, to the point where the park's Pine Springs sewage treatment facility would not be able to handle the added load, the Highway Department would be responsible for either providing its own sewage treatment facility for the camp expansion or for paying costs to expand the park sewage treatment facilities to handle the added load from the Highway Department camp. If both park and Highway Department camp facilities should be expanded and add to the load, needed sewage treatment plant expansion costs would be pro-rated proportionately.
8. That no member of, or delegate to, Congress or Resident Commissioner shall be admitted to any share or part of this agreement or to any benefit to arise therefrom; but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit.
9. That parties to this agreement will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.
10. Nothing in this agreement shall commit either party to obligate funds in excess of those appropriated for the fiscal year in which the obligation is to be incurred.
A map, showing the park water and sewer lines in the area and the planned points of connection, is attached as Exhibit "D."
IN WITNESS WHEREOF, the National Park Service and the State Department of Highways and Public Transportation cause this Cooperative Agreement to be executed as of the date last signed below.
NATIONAL PARK SERVICE
By: Region Director, Southwest Region
THE STATE OF TEXAS
Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission:
By: Assistant State Engineer-Director
Executed and approved for State Highway and Public Transportation Commission, under authority of Commission Minute No. 77446
Chief Engineer of Safety and Maintenance Operations
EXHIBIT "A" page 1
All that certain twenty two (22) foot strip of land, being a portion of a National Park Service (NPS) Entrance Road, and a National Park Service (NPS) Access Road to a Maintenance Camp, lying in Sections 44 and 45, Block 64, Township 1, Texas and Pacific Railway Co. Survey, Guadalupe Mountains National Park, Culberson County, Texas, said strip of land being eleven (11) feet on either side of the following described centerline:
Beginning at a point on the southerly right-of-way (R/W) line at U. S. Highway 62-180, said point being South 4°29'59" East 60.00 feet from U. S. Highway 62-180 Station 977 + 82, said point also being Station 0 + 60 on the centerline of National Park Service (NPS) Entrance Road (Line "A"); thence South 4°29'59" East, along said centerline, 3.0 feet to the beginning of a tangent curve to the left; thence along said curve, having a radius of 268.87 feet, central angle of 71°54'12", an arc distance of 337.42 feet (chord bearing South 31°27'07" East 315.71 feet), to the beginning of compound tangent curve to the left; thence along said curve, having a radius of of 875.17 feet, central angle of 17°17'22", an arc distance of 264.09 feet (chord bearing South 76°02'48" East 263.09 feet), to a point, said point being Station 6 + 64.51 on the centerline of Entrance Road (Line "A"), said point also being Station 0 + 00 on the centerline of National Park Service (NPS) Maintenance Road (Line "B"); thence South 2°35'50" West along said centerline of National Park Service (NPS) Maintenance Road (Line "B") 292.39 feet to a point, Station 2 + 92.39, said point being the beginning of the entrance to the National Park Service Maintenance Camp Parking Area, and being the terminus of the joint use area.
EXHIBIT "A" page 2
"EXCLUSIVE USE BY THE STATE OF TEXAS"
All that certain fifty (50) foot strip of land, being a continuation from the terminus of a National Park Service Maintenance Road to the South Boundary of Guadalupe Mountains National Park, lying and being in Sections 44 and 45, Block 64, Township 1, Texas and Pacific Railway Co. Survey, Guadalupe Mountains National Park, Culberson County, Texas, said strip of land being twenty five (25) feet on either side of the following described centerline:
Beginning at a point in the centerline of a National Park Service Maintenance Road (Station 2 + 92.39), said point bearing South 2°35'50" West 292.39 feet from the intersection of the centerline of aforesaid Maintenance Road (Station 0 + 00) and a National Park Service Entrance Road (Station 6 + 64.51); thence from said Point of Beginning on a tangent curve to the left having a radius of 90.00 feet, a central angle of 44°42'00", an arc distance of 70.21 feet (chord bearing South 19°48'26" East) 68.83 feet to a point on the south boundary line of Guadalupe Mountains National Park, the terminus of the above described centerline; from said terminus point National Park Service Monument "C" bears North 88°55'33.8" East 554.62 feet, NPS Monument "C" leaving Texas Central Zone coordinates North 836,680.171, East 610,892.568.
Excepting that portion thereof used for access to a National Park Service Maintenance Camp parking lot.
(Memorandum of Understanding)
GUADALUPE MOUNTAINS NATIONAL PARK
NATIONAL PARK SERVICE
U.S. DEPARTMENT OF THE INTERIOR
LINCOLN NATIONAL FOREST
U.S. DEPARTMENT OF AGRICULTURE
The purpose of this interagency agreement is to provide joint cooperation in the management of North McKittrick Canyon.This agreement in no way waives existing laws, regulations, or policies, nor does it obligate money.
This interagency agreement is entered into by the National Park Service, U.S. Department of the Interior, hereafter referred to as the Park Service, under the authority of 16 U.S.C. 1 (1976) and by the U.S. Forest Service, U.S. Department of Agriculture, hereinafter referred to as the Forest Service, under the authority of the Organic Act of June 4, 1897 (7 U.S.C. 2201).
The area referred to in this document is defined as that portion of North McKittrick Canyon within the boundaries of the Guadalupe Mountains National Park as shown on USGS topographic map titled "Guadalupe Peak Quadrangle". and that portion of North McKittrick on USGS topographic map titled "El Paso Gap Quadrangle". It includes the main canyon and its tributaries from the canyon bottom to the hydrographic divide.
The Park Service has jurisdiction over the lover portion of the North McKittrick Canyon drainage in the Guadalupe Mountains National Park. The Forest Service has jurisdiction over the upper reaches of the canyon. including approximately one-half mile of exceptionally attractive perennial water near the Forest boundary on the Guadalupe District of the Lincoln National Forest. The canyon contains geographically unique floral and faunal species as well as significant archeological sites which may be irreparablely damaged by inappropriate use.
NOW THEREFORE, in view of the above conditions, the agencies hereto agree as follows:
A. It is mutually agreed between the two agencies that:
The Forest Service and Park Service will enter into m two (2) year cooperative research study effort to assess the following for their respective areas:
(1) archeological findings
(2) threatened and endangered species
(3) current natural resource status
(1) use and impact
These findings will be continually exchanged between agencies (cooperatively develop as possible) and upon completion of the cooperative research effort, a North McKittrick Canyon Agreement will be mutually developed and implemented.
The agencies will conduct an annual (July) management meeting at a mutually agreed upon date to review the operational efficiency of this document and make any necessary revisions.
Nothing herein shall be construed to obligate either agency to expend or incur obligations for future payment for money in excess of amounts appropriated and allotted for administration of the area.
Agency plans for future development of North McKittrick Canyon will be reviewed by the other agency prior to a final decision.
Both agencies will inform the visitor of the regulations governing the use of both the National Park and the National Forest portions of North McKittrick Canyon through personal contacts.
No member of, or delegate to, Congress or Resident Commissioner shall be admitted to any share or part of this agreement or to any benefit to arise therefrom; but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit.
Agencies to this agreement will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin.
Each agency may issue camping permits for administrative studies or research on their respective lands.
B. The Park Service will establish the following management direction over the National Park portion of North McKittrick Canyon:
Restrict to day use only.
Require visitors to pack out their own litter.
Prohibit swimming and bathing in the park section of McKittrick Canyon.
Prohibit the taking or destruction of floral, faunal, archeological, geological and historical items without a permit.
Prohibit hunting and possession of firearms which are not unloaded or cased.
Manage caves in the canyon in accordance with the Cave Management Plan for Guadalupe Mountains National Park.
Discourage use of North McKittrick Canyon by:
a. Removal of North McKittrick signing at Pratt Cabin.
b. Direct visitation to other areas within the Park through visitor contacts.
c. Remove trail by elimination of trail markings and discontinued trail maintenance.
C. The Forest Service will establish the following management direction on the National Forest portion of North McKittrick Canyon:
Eliminate and remove existing campfire rings and debris along trails in North and Middle McKittrick Canyons within the Forest Service boundary.
Permit day use only from the Forest boundary to a point one-half mile up canyon.
Permit no campfires from the Forest boundary to a point one-half mile up canyon.
Require visitors to pack out their own litter.
Prohibit the taking or destruction of floral, faunal (except legal hunting), archeological, geological and historical items without a permit.
Permit no range development.
This interagency agreement will become effective upon approval by both agencies. The agreement may be amended in writing at any time by joint agreement of the Superintendent of the Guadalupe Mountains National Park and the Supervisor of the Lincoln National Forest. This agreement may be terminated by the Superintendent of Guadalupe Mountains National Park or by the Forest Supervisor of Lincoln National Forest, or their designated representative, after sixty (60) days written notice.
In Witness Thereof, the agencies hereto have executed this agreement as of the last date written below:
Guadalupe Mountains National Park
National Park Service
Lincoln National Forest
U.S. Forest Service
MEMORANDUM OF UNDERSTANDING
GUADALUPE MOUNTAINS NATIONAL PARK AND CULBERSON COUNTY HOSPITAL DISTRICT
OPERATION AND MAINTENANCE OF AN AMBULANCE SERVICE
This Memorandum made and executed this 1st day of January, 1987, by and between the Culberson County Hospital District, (hereinafter referred to as Hospital) and the Guadalupe Mountains National Park (hereinafter referred to as Park).
WHEREAS, Hospital possesses an ambulance made available to it under a grant by the State of Texas for emergency medical services; and WHEREAS, Hospital desires to make the aforesaid ambulance available for service to residents of, and visitors to, the remote and isolated sections of northern Culberson County; and
WHEREAS, Park has the trained personnel to operate the aforesaid ambulance and the facilities to properly service the aforesaid ambulance; and
WHEREAS, under the Act of August 8, 1953 (67 Stat. 495) the National Park Service is authorized to provide emergency rescue, firefighting and other cooperative assistance to nearby law enforcement and fire prevention agencies;
NOW THEREFORE, in consideration of mutual covenants, terms and conditions herein contained, it is hereby agreed by and between parties hereto as follows:
1. Hospital shall provide to Park an ambulance which meets the standards of 25 TAC 157.61 157.73.
2. Park, shall, during the duration of this agreement, provide ambulance services for service to any person needing said service and requesting same. In providing said service, Park shall provide said service in a manner consistent with all applicable state laws and regulations.
3. Park agrees to provide qualified drivers and medical attendants trained in emergency medical services and so certified under all applicable laws and standards of the State of Texas. Said medical attendants and drivers shall be provided as necessary or required.
4. Hospital hereby agrees to establish, bill and collect standard ambulance rates for services provided by the aforestated ambulance service, except that Park personnel and their immediate families shall not be billed by Hospital for services rendered to them.
5. Hospital shall retain fifteen percent (15%) of the gross of collections for payment of administrative coats; the remainder of the collections shall be placed in a fund for the replacement and maintenance of the ambulance.
6. Park and Hospital will keep and maintain such records and on such forms as necessary for a period of three (3) years after services are performed. Copies of these records shall be provided to either party upon request.
7. Park shall maintain and keep in good repair the aforesaid ambulance by performing those duties and obligations which by customary usage and language are defined as preventive maintenance. Hospital will be responsible for the cost of any major repair work which may be necessary to keep the aforestated ambulance operational.
8. Park shall initially equip the aforestated ambulance with park-owned ambulance equipment and supplies on hand. Park and Hospital, jointly, shall thereafter share in equipping and stocking said ambulance to meet standards required by law, Park shall be responsible for routinely keeping said ambulance stocked with necessary supplies and first mid equipment required for adequate service and operation. Notwithstanding the foregoing, either party may provide equipment and/or supplies as they are available.
9. This Memorandum of Understanding is to take effect on January 1, 1987, and is to continue in force for the term of three (3) years, subject to the right of either party to terminate this agreement on one hundred twenty (120) days written notice by registered mail, or personal delivery of written notice, to the other party. This Memorandum will be reviewed by both parties prior to expiration and amended as appropriate.
10. It is understood by the parties that this Memorandum of Understanding is conditioned upon the availability of either party of funds appropriated to comply with the terms of said agreement. Should necessary funding become unavailable, each party agrees to notify the other, as appropriate, of such fact by written notice by registered mail, or personal delivery of said written notice. Such notice shall immediately operate to terminate the agreement without the necessity of further notice, or compliance with the terms of paragraph nine (9) of this contract.
11. This instrument contains the entire agreement between the parties, and no statement, promises, or inducements made by either party or agent of either party that is net contained in this written document shall be valid or binding; and this Memorandum may not be enlarged, modified, or altered except in writing signed by the parties and endorsed hereon.
12. Neither members of, nor delegates to, Congress or Resident Commissioners shall be admitted to any share or part of this permit or device, either directly or indirectly, any perculiary benefit to arise therefrom; provided however, that nothing herein contained shall be construed to extend to any incorporated company, if the agreement be for the benefit of such corporation.
13. During the performance of this agreement, the participants agree to abide by the terms of Executive Order 11246 on non-discrimination and will not discriminate against any person because of race, color, religion, sex, or national origin. The participants will take affirmative action to ensure that applicants are employed without regard to their race, color, religion, sex, or origin.
Culberson County Hospital District
Guadalupe Mountains National Park
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