Archive: Replaced by a new agreement in 2000

U.S. Forest Service/IMBA Memorandum of Understanding, 1994-1999

Memorandum Of Understanding

between

U.S. Dept. of Agriculture Forest Service
and
International Mountain Bicycling Association

This Master Memorandum of Understanding (MOU) is made and entered into between the U.S. Department of Agriculture Forest Service, hereinafter referred to as FS, and the International Mountain Bicycling Association, hereinafter referred to as IMBA.

I. Purpose

The purpose of this MOU is to establish a framework of cooperation upon which mutually beneficial programs, work projects, and bicycling activities may be planned and accomplished by the FS and IMBA working cooperatively at the national, regional, and local level. Such programs, projects, and activities complement the FS mission and are in the best interests of the public.

II. Introduction

The FS is a land management organization dedicated to the management of the National Forest System lands for a variety of uses, activities, outdoor recreation, and is interested in providing mountain bicycling opportunities that are environmentally sensitive, educational, and provide economic stimulus.

IMBA represent a majority of the organized mountain bicycling public/industry and are the recognized leaders in establishing mountain bicycling ethics, safety standards, volunteerism, and fostering appropriate land-use management on Federal and non-Federal lands. IMBA may desire to use the National Forest for recreational purposes, provide support, and volunteer labor and/or funds to the FS for accomplishment of mutually beneficial projects or activities.

Both the FS and IMBA share the common interest and responsibility of disseminating information to the public regarding conservation, recreation, and natural resource activities.

In consideration of the above premises, the parties agree as follows:

III. The FS shall:

1. Provide IMBA information regarding the development and presentation of training materials related to mountain bicycling safety and ethics, and the availability of mountain bicycling opportunities on National Forest System lands in accordance with the Freedom of Information Act (5 U.S.C 522 et seg.).

2. Encourage local FS officials to participate with IMBA members in the development of mutually beneficial work projects and educational activities.

3. Make National Forest System lands available for the furtherance of this MOU, subject to applicable Federal laws, regulations, Forest plans, other management direction.

IV. The IMBA shall:

1. Provide technical assistance to the land managers and communities involved in work projects. educational activities, and mountain bicycling opportunities.

2. Encourage its members to work with local FS officials to discuss and identify opportunities for cooperative work on mutually beneficial projects or activities.

3. Promote "Rules of the Trail," Leave No Trace, Woodsy Owl, and Tread Lightly! ethics programs by providing training and instruction to its members.

4. Obtain prior FS approval on all proposed printed materials intended for public distribution regarding mountain bicycling on National Forest System lands.

V. It is mutually agreed and understood by and between the said parties that:

1. This MOU is neither a fiscal nor a funds obligation document. Any endeavor involving reimbursement or contribution of funds between the parties of this MOU 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 MOU does not provide such authority. Specifically, this MOU does not establish authority for noncompetitive award to IMBA of any contract or other agreement. Any contract or agreement for training or other services must fully comply with all applicable requirements for competition.

2. The local contact persons for FS are District Rangers, who have sufficient authority to develop agreements and special-use permits of the type envisioned by this MOU.

3. This MOU in no way restricts the FS from participating in similar activities or arrangements with other public or private agencies, organizations, or individuals.

4. Nothing in this memorandum shall obligate the FS to IMBA to expend appropriations or to enter in any contract or other obligations.

5. The cooperator shall comply with all Federal Statutes relating to nondiscrimination and all applicable requirements of all other Federal laws, executive orders, regulations, and policies. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (40 U.S.C. 2000), which prohibits discrimination on the basis of race, color, handicap, or national origin; (b) Title IX of the Education amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex.

6. This MOU may be modified or amended upon written consent of both parties or may be terminated with 30-day written notice of either party. Unless terminated, this MOU will remain in full force and effect until September 30, 1999, at which time it will be subject to review and renewal.

7. The principal contacts for this agreement are:

   Brent Botts
   USDA Forest Service
   RH&WR 4CEN AUD
   P.O. Box 96090
   Washington, D.C. 20090-6090
   (202) 205-1313
   

   Tim Blumental
   International Mountain Bicycling Association
   PO Box 7578
   Boulder, CO 80306
   1-888-442-imba
   

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

JACK WARD THOMAS
Chief
Forest Service Date: May 31, 1994

TIM BLUMENTHAL
Executive Director
International Mountain Bicycling Association Date: June 19, 1994