MOU between North Tennessee Mountain Bike Association and Cherokee National Forest

MEMORANDUM OF UNDERSTANDING
BETWEEN
Northeast Tennessee Mountain Bike Association (NTMBA)
AND
UNITED STATES DEPARTMENT OF AGRICULTURE
FOREST SERVICE
Cherokee National Forest

This MEMORANDUM OF UNDERSTANDING is hereby made and entered into by and between the Northeast Tennessee Mountain Bike Association, hereinafter referred to as NTMBA, and United States Department of Agriculture Forest Service, Cherokee National Forest, hereinafter referred to as Forest Service.

1. PURPOSE:

The purpose of this MOU is to continue to develop and expand a framework of cooperation between NTMBA and the Forest Service to develop mutually beneficial programs, projects and bicycling activities at the local National Forest level. These programs, projects and activities comprise part of the Forest Service multiple use mission and serve the public. References may be made to the National MOU with USDAFS and IMBA (00-SU-11130124-224, signed 10-13-2000)

2. STATEMENT OF MUTUAL BENEFIT AND INTERESTS:

Forest Service benefits include an active partnership with NTMBA to plan, construct and maintain designated mountain bike and multi-use trails as well as serve local publics through the patrol of such trails.

The benefits for NTMBA through this cooperative effort are provided through the strategic planning of trail development and public service to all trail users.

The mutual benefit for both parties is to provide a public service to maintain and patrol designated trails throughout the forest.



3. FOREST SERVICE SHALL:
1. Work with NTMBA to identify opportunities (trail projects, education and assistance) and jointly pursue such projects with the Mountain bike community and local Ranger Districts.
2. Make National Forest Lands available for mountain biking and related activities, subject to applicable Federal laws, regulations, policy, Forest Plans and other management direction.
3. Include and utilize NTMBA technical expertise in developing FS programs as they relate to mountain biking.
4. Provide to the public the appropriate rules and regulations pertaining to mountain biking on national forest lands.
5. Coordinate all trail maintenance and construction activities providing the proper specifications and clearances.
6. Provide, as available, tools for maintenance and construction needs.
7. Approve all publication or printed materials intended for public distribution regarding mountain biking on national forest lands.
8. Provide locally or make NTMBA aware of any pertinent educational programs necessary to members for required certifications.
9. Coordinate any special uses or administrative activities within designated trail corridors prior to the date of the activity.
10. Review this agreement with NTMBA no less than annually and modify as necessary.
11. Review and approve an Annual Plan of Operations prepared by NTMBA and modify as necessary.


4. NTMBA SHALL:
1. Work with the Forest Service to identify appropriate partnership opportunities (trail projects, education programs, patrols) and jointly pursue such projects in conjunction with the mountain biking community and Forest Service.
2. Provide technical assistance to land managers and communities involved with projects, educational activities, patrols and mountain biking activities.
3. Make information regarding trail building schools, Trail Care Crews and the National Mountain Bike Patrol program available to the Forest Service.
4. Encourage members to work with local Forest Service officials to discuss and identify opportunities for cooperative work or mutually beneficial projects or activities, when appropriate.
5. Provide training and instruction to members regarding "Rules of the Trail", Leave No Trace and Tread Lightly ethics programs.
6. Obtain Forest Service approval prior to implementation of any construction, maintenance, educational or publication or distribution of any printed material regarding mountain bikes on public lands.
7. Provide technical expertise to the Forest Service to address mountain bike management on national forest lands.
8. Maintain as appropriate, Forest Service or equivalent certifications for First Aid, CPR Chainsaw operations.
9. Offer basic mechanical assistance as needed to fellow bicyclists.
10. Encourage safe and courteous trail use and responsible bicycling.
11. Serve as ambassadors for the sport of mountain biking and encourage cooperation with all forest users.
12. Members will not attempt to enforce any local state or federal laws while on national forest lands. Patrollers are encouraged to carry cellular phones while on patrol and contact local, state or federal officials of any accidents or unusual occurrences noted while on patrol. All enforcement and follow-up action will be made by local, state or federal law enforcement officials.
13. Bike Patrol personnel will be readily identified as such with approved patch, shirt or vest
14. Members of the bike patrol will be identified to the Forest Service and mutually agreed upon to serve in such a capacity.
15. Provide Forest Service with monthly patrol plan.
16. Prepare an Annual Plan of Operations and present to the Forest Service for Approval. This plan may be modified as necessary.
17. Review this agreement with the Forest Service no less than annually and modify as necessary.


5. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT:

1. FREEDOM OF INFORMATION ACT (FOIA). Any information furnished to the Forest Service under this instrument is subject to the Freedom of Information Act (5 U.S.C. 552).
2. MODIFICATION. Modifications within the scope of the instrument shall be made by mutual consent of the parties, by the issuance of a written modification, signed and dated by all parties, prior to any changes being performed.
3. PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts the Forest Service or the Cooperator(s) from participating in similar activities with other public or private agencies, organizations, and individuals.
4. TERMINATION. Any of the parties, in writing, may terminate the instrument in whole, or in part, at any time before the date of expiration.
5. PRINCIPAL CONTACTS. The principal contacts for this instrument are:

Forest Service Project Contact	Cooperator Project Contact
Amy L. Fore, Watauga Ranger Dist. Cheryl Summers, Nolichucky/Unaka	Rob Horn, President Brian Archer, Bike Patrol Coordinator Northeast TN Mtn Bike Assn POB 790 Piney Flats, TN 37686
Phone: 423-735-1500 (Watauga) 423-638-4109 (Nol/Unaka)	Phone: 423-434-9458 (Horn) 423-477-6074 (Archer)
FAX: 423-735-7306 (Watauga) 423-638-6599 (Nol/Unaka)	FAX:
E-Mail:	E-Mail:

Forest Service Administrative Contact	Cooperator Administrative Contact
Candace Allen, Watauga Ranger Dist Terry Bowerman, Nol/Unaka	Rob Horn, President Northeast TN Mtn Bike Assn
Phone: 423-735-1500 (Watauga) 423-638-4109 (Nol/Unaka)	Phone: 423-434-9458
FAX: 423-735-7306 (Watauga) 423-638-6599 (Nol/Unaka)	FAX:
E-Mail:	E-Mail:




6. NON-FUND OBLIGATING DOCUMENT. This instrument is neither a fiscal nor a funds obligation document. Any endeavor or transfer of anything of value involving reimbursement or contribution of funds between the parties to this instrument will be handled in accordance with applicable laws, regulations, and procedures including those for Government procurement and printing. Such endeavors will be outlined in separate agreements that shall be made in writing by representatives of the parties and shall be independently authorized by appropriate statutory authority. This instrument does not provide such authority. Specifically, this instrument does not establish authority for noncompetitive award to the cooperator of any contract or other agreement. Any contract or agreement for training or other services must fully comply with all applicable requirements for competition.
7. COMMENCEMENT/EXPIRATION DATE. This instrument is executed as of the date of last signature and is effective through March 1, 2007 at which time it will expire unless extended.

IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the last written date below.

Northeast Tennessee Mtn. Bike Assn.		USDA FOREST SERVICE
Rob Horn, President		Cherokee National
Brian Archer, Bike Patrol Coordinator		Anne J. Zimmermann, Forest Supervisor

	DATE			DATE
	DATE

The authority and format of this instrument has been reviewed and approved for signature.

DATE

FS Agreements Coordinator

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More MOU's can be found in the Resources section