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Home My WebLink Aboutbocc.con.085.2007 Resolution No. dI1- 2007 Pagel CONTRACT #I (}8j-?ai7 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN PITKIN COUNTY AND THE BUREAU OF LAND MANAGEMENT (BLM) FOR PURPOSES OF COLLABORATIVE PLANNING AND PRODUCTION OF AN ENVIRONMENTAL IMPACT STATEMENT FOR BLM'S RESOURCE MANAGEMENT PLAN UPDATE RESOLUTION NO.aLL2007 RECITALS I. Section 2.8.3.1 ofthe Pitkin County Home Rule Charter gives the Board of County Commissioners (hereinafter "BOCC") the authority to take action by formal resolution on matters of significant importance affecting citizens including, but not limited to, intergovernmental agreements. 2. The Memorandum of Understanding (hereinafter "MOU") attached to this Resolution as Exhibit "A" sets forth the responsibilities for Cooperating Agencies as agreed to between Pitkin County and the Glenwood Springs Field Office and the Kremmling Field Office of the Bureau of Land Management (hereinafter "BLM") for the purposes of collaborative planning and production of an Environmental Impact Statement (hereinfter "EIS") for the respective Resource Management Plans (hereinafter "RMP".) 3. The BOCC considered the MOU on first reading at a regularly scheduled public meeting on February 14,2007, and set the second reading and public hearing for February 28, 2007. On second reading, the BOCC considered the MOU in light of any public comment received, and approved the intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners that it hereby approves the MOU attached to this Resolution as Exhibit '~A." INTRODUCED, FIRST READ AT A PUBLIC MEETING ON THE 14TH DAY OF FEBRUARY, 2007. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE ---.Qf --- 2007 J./U- etU; v1 {.J,.(N~ APPROVED UPON SECOND READIN'G AT A NOTICED PUBLIC HEARING ON THE 28TH DAY OF FEBRUARY, 2007. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE~DAY OF MauL, 2007. Resolution No. ~ 2007 Page2 APPROVED AS TO FORM: BOARD OF COUNTYCOMMISSIONERS OF PITKIN COUNN" COLORADO iMwA ;tf. :tjrM Michael M. Owsley Chair ;.. ! Date Z. 2..8"" 07 I f APPROVED AS TO CONTENT: [!:/~;:ilv~ Pitkin County Manager )- United States Department of the Interior Bureau of Land Management Glenwood Springs Field Office 50629 Hwys 6 & 24 Glenwood Springs, Colorado 81601 CONTRACT #osr;:':J601 & Kremmling Field Office 2103 E. Park Avenue P.O. Box 68 Kremmling, Colorado 80459 MEMORANDUM OF UNDERSTANDING between PITKIN COUNTY COLORADO and the BUREAU OF LAND MANAGEMENT Glenwood Springs & Kremmling Field Offices I. Introduction This Memorandum of Understanding (MOU) sets forth roles and responsibilities for Cooperating Agencies as agreed to between Pitkin County and the Glenwood Springs Field Office (GSFO) and the Kremmling Field Office (KFO) of the Bureau of Land Management (BLM) for the purposes of collaborative planning and production of an Environmental Impact Statement (EIS) for the respective Resource Management Plans (RMP). II. Purpose The Bureau of Land Management in carrying forth its responsibilities and mandates under the National Environmental Policy Act and Council of Environmental Quality regulations at 40 Code of Federal Regulations (CFR), Part 1500 and the Federal Land Policy and Management Act (as amended) CFR Part 1600 recognizes a compelling need to ensure that the interests of Pitkin County are accounted for, and are meaningfully involved in the above stated resource management planning process and associated EIS. As such, Pitkin County has requested and the BLM has agreed to grant Cooperating Agency Status pursuant to 40 CFR 1501.6, 1501.2, and 1501.8. Under these regulations, the BLM recognizes that the Pitkin County has both jurisdictional responsibilities and special expertise as it relates to many aspects of the planning efforts described above. -1- -7 ~ III. Agency Designations Each participating entity will designate one primary representative to act as a point of contact in ensuring coordination between Pitkin County and BlM during the planning process. An entity may change its point of contact at any time by providing written notice to the other party. Appendix A specifies the primary representatives. Cooperating agencies may also bring "in-house" specialists concerning specific topic areas when discussion warrants such expertise. IV. Authorities for Agreement The authority of the Bureau of Land Management and Pitkin County to participate in this agreement is provided by the National Environmental Policy Act, 42 USC 4321 et seq. and 40 CFR 1501.6-Cooperating Agencies, 1506.2-Elimination of Duplication with State and local Procedures, and 1508.5-Cooperating Agency (CA). Additional authorities rest in the Federal Land Policy Management Act, 43 USC 1712 et seq. which mandate coordination of planning and management efforts with the programs of state and local governments which may be affected by BlM planning actions. V. Roles and Responsibilities a. Bureau of Land Management, GSFO and KFO Responsibilities The Bureau of Land Management Field Offices are responsible for the following: I. Preparation of, quality of, and content of the Draft RMP/ Draft EIS, the Proposed RMP/Final EIS, and the Record of Decision/Approved RMP for the RMP . ii. Enabling Pitkin County to be a meaningful cooperator in the EIS process by providing the following opportunities: o Involvement in identifying issues and concerns relative to the planning process, o Involvement in identifying or providing data that is suitable, available, and relevant to the planning process, o Review and comment on draft sections of the EIS that received input from Pitkin County, due to its jurisdictional responsibilities or special expertise. iii. Consider to the extent possible and incorporate as appropriate, the information and comments provided by Pitkin County into appropriate EIS documents. IV. Make all final determinations on the content of the EIS documents. b. Pitkin County Responsibilities Pitkin County has both jurisdictional responsibilities and special expertise in many arenas related to planning is responsible for the following; i. Pitkin County along with all cooperating agencies, will participate to the fullest extent possible in the planning process. -2- /-( ii. Assisting BLM in the identification of the issues and concerns to be addressed in the planning effort. iii. Providing relevant data which may assist in the RMP revision/EIS process. This data may include but is not limited to the following: o Information relative to Pitkin County knowledge and expertise on approved programs, plans, and policies, which will be affected by the planning effort. o Information relative to resources, use and management within the planning area. o Information relative to visitation data, such as demographics, activities, and values. iv. Review and provide comment within scheduled deadlines of receipt of preliminary baseline reports or other technical reports where Pitkin County has provided data or other such information in order to complete the report. v. Review and provide comments within scheduled deadlines of receipt of the following sections of the preliminary draft EIS. o Preliminary range of alternatives to be considered in detail. o Relevant portions of the "Affected Environment" section (inc/uding the socio-economic section). o Relevant portions of the "Environmental Consequences" section. o Relevant portions of the "Consultation and Coordination" section including information on consistency reviews. vi. During public review periods for the Draft EIS, provide the BLM a consolidated comprehensive review of the Draft EIS. vii. Pitkin County will assist the BLM in analyzing and reviewing public comments/data and work with BLM in the development of the proposed final RMP/EIS. VI. Funding Each entity agrees to fund its own expenses associated with this planning process. VII. Joint Responsibilities The parties agree to use their best efforts to meet the time frames established in the agreement, to work cooperatively, and to resolve differences as quickly as possible. VIII. Implementation, Amendment, and Termination This agreement becomes effective upon signature by all parties, and may be subsequently amended through written agreement of all signatories. The parties agree to jointly develop a framework for information exchange and feedback within 60 days of signing. -3- .-- :5 Pitkin County or BLM may terminate this agreement by providing written notice of termination to the other party. If not terminated sooner, this agreement will end when the notice of availability for the last final EIS is published in the Federal Register. Nothing in this agreement will abridge or amend the authorities and responsibilities of Pitkin County or the BlM or any other party on any matter under their respective jurisdictions. Nothing in this agreement may be construed to require either Pitkin County or BLM to obligate or pay funds or in any other way take action in violation of the Anti-Deficiency Act (31 USC 1341) or any State or county law or ordinance. IX. Sovereign Immunity Neither signatory waives their sovereign immunity by entering into this Memorandum of Understanding, and each fully retains all immunities and defenses provided by law with respect to any action based on or occurring as a result of this agreement X. Signatures The parties hereto have executed this Memorandum of Understanding as of the dates shown below. BUREAU OF LAND MANAGEMENT ~~t~ eld Manager Glenwood Springs Field Office, BLM ;2 /3-0'} Date f~ )n{~ Peter McFadden Acting Field Manager Kremmling Field Office, BLM ;2-/s-o 1 Date PITKIN COUNTY! ):x, ,-1/ iufwj &l.~ MIchael Owsley Chairperson Pitkin County Board of County Commissioners ,. '" 'to!),? Date -4- & Appendix A: Agency Point of Contact Bureau of Land Management: Brian Hopkins Glenwood Springs Field Office 50629 Hwys 6 & 24 Glenwood Springs, Colorado 81601 Phone (970) 947-2840 Fax (970) 947-2829 Email: brian_hopkins@co.blm.gov Agency Representatives Bureau of Land Management Glenwood Springs Field Office: Jamie E. Connell Glenwood Springs Field Office 50629 Hwys 6 & 24 Glenwood Springs, Colorado 81601 Phone (970) 947-2802 Fax (970) 947-2829 Email: jamie_connell@co.blm.gov Bureau of Land Management Kremmling Field Office: Peter McFadden Kremmling Field Office 2103 E.Park Ave., P.O. Box 68 Kremmling, Colorado 80459 Phone (970) 724-3009 Fax (970) 724-9590 Email: peter_mcfadden@co.blm.gov Pitkin County: Ellen Sassano 130 South Galena Street Aspen, CO 81611 Phone (970) 920-5098 Fax (970) 920-5439 Email: ellens@co.pitkin.co.us Pitkin County: Dorothea Farris Pitkin County Board of County Commissioners 130 South Galena Street Aspen, CO 81611 Phone (970) 963-9509 Fax (970) 963-9509 Email: dfarrisC1i>.sopris.net And/or: Cindy Houben Pitkin County Community Development Director 130 S. Galena St. Aspen, CO 81611 Phone (970) 920-5097 Fax (970) 920-5439 Email: cindyh@co.pitkin.co.us -5- /1