U.S. Forest Service/IMBA Memorandum of Understanding

(pdf version)

Service-Wide Memorandum Of Understanding
06-Su-11132424-076

between

The United States Department Of Agriculture
Forest Service

and

The International Mountain Bicycling Association

This memorandum of understanding (MOU) is entered into by the United States Department of Agriculture, Forest Service (FS), and the International Mountain Bicycling Association (IMBA).

A. PURPOSE

The purpose of this MOU is to continue to develop and expand a framework for the FS and IMBA to plan and implement mutually beneficial programs, projects, and bicycling opportunities at the national, regional, and local level.

B. AUTHORITY

The authority for this MOU is the Organic Act of 1897, 16 U.S.C. § 551.

C. STATEMENT OF MUTUAL BENEFIT AND INTERESTS

The FS manages National Forest System (NFS) lands for a variety of uses and activities, including outdoor recreation. The FS is interested in providing a variety of mountain bicycling opportunities that are environmentally sensitive and educational that support local and regional economies and quality of life.

IMBA represents a major segment of the organized mountain bicycling public and is a recognized leader in trailbuilding education and promoting mountain bicycling ethics, safety standards, volunteerism, and appropriate use of federal and non-federal lands. IMBA members desire to use National Forests for recreational purposes and through this MOU or subsequent agreements may provide support, volunteer labor, or funds to the FS for accomplishment of mutually beneficial mountain bicycling projects or activities.

The FS and IMBA seek to work cooperatively to encourage responsible use of federal lands by visitors participating in mountain bicycling and recreational activities. The FS and IMBA have an interest in disseminating information to the public regarding conservation, recreation, and natural resource activities related to mountain bicycling.

D. THE FS SHALL:

1. Work with IMBA and its affiliates to identify appropriate cooperative opportunities (such as trail projects, administrative studies, educational programs, tourism initiatives, and special events). Contingent upon availability of funds and personnel, jointly pursue these projects in conjunction with the mountain bicycling community and FS Ranger Districts nationwide.
2. Make available to the public IMBA's training and informational materials related to mountain bicycling safety and ethics, trail construction and maintenance, and the availability of mountain bicycling opportunities on NFS lands.
3. Encourage local FS officials to work with IMBA headquarters staff, representatives, affiliates, and members to develop mutually beneficial projects, special events, and activities.
4. Subject to applicable federal laws, regulations, land management plans, and other management direction, make NFS lands and NFS trails available for mountain bicycling and related activities.
5. Encourage management of mountain bicycling separate from motorized activities when developing agency policy, land management plans, and travel management plans.
6. Utilize the technical expertise of IMBA and its affiliates in developing FS educational programs related to mountain bicycling.
7. Utilize IMBA's technical expertise to address mountain bicycling management on NFS lands, including but not limited to such documents as the Recreation Opportunity Spectrum and the FS Handbook. (NOTE: Mountain bike use is not excluded from areas inventoried as "primitive" in the ROS.)
8. Provide copies of IMBA's "Rules of the Trail" at FS information centers, trailheads, campgrounds, and other appropriate public sites on NFS lands.
9. Share with IMBA technical expertise with respect to mountain bicycling management on NFS lands.
10. Consider the potential impacts of land management proposals on mountain bicycling recreation.
11. Within the budget and resource capabilities of local FS staff, participate in projects that develop mountain bicycling opportunities on NFS lands.
12. Work with IMBA and local FS staff to identify opportunities and areas for specialized mountain bicycling in accordance with special use permit requirements and other applicable legal requirements. Identify opportunities to promote the public health and fitness benefits of mountain bicycling.
13. Provide information on completing job hazard analyses and conducting safety training for IMBA projects and activities conducted on NFS lands pursuant to this MOU.

E. IMBA SHALL:

1. Work with the FS to identify appropriate cooperative opportunities (such as trail projects, administrative studies, educational programs, tourism initiatives, and special events). Contingent upon availability of funds and personnel, jointly pursue these projects in conjunction with the mountain bicycling community and FS Ranger Districts nationwide.
2. Provide information compiled in IMBA programs, such as the IMBA Trail Care Crew, trailbuilding schools, Trail Solutions trailbuilding services, IMBA Epic Rides, and the National Mountain Bike Patrol program, available to the FS at no cost.
3. Encourage IMBA members and affiliates to work with local FS officials to develop mutually beneficial projects, special events, and activities.
4. Provide technical assistance to FS managers and communities involved in developing and implementing projects, educational activities, and mountain bicycling opportunities pursuant to this MOU.
5. Encourage IMBA members to participate in local national forest planning that involves mountain bicycling or recreation.
6. Provide training to IMBA members regarding the Rules of the Trail, Leave No Trace, and Tread Lightly! ethics programs.
7. Work with FS staff to ensure that written materials and other media produced for National Forest distribution are consistent with FS policies and guidelines.
8. Participate in projects that develop mountain bicycling opportunities on NFS lands.
9. When operators of ski areas on NFS lands allow summer mountain bicycling on their trails, work with those ski areas to implement IMBA's Rules of the Trail, trailbuilding and signage guidelines, and management principles.
10. Encourage IMBA members to respect wilderness areas; comply with wilderness laws, regulations, and policies; and abide by outdoor ethics principles, including Leave No Trace and Tread Lightly!, on NFS lands.
11. Work with local FS staff to identify opportunities and areas for specialized mountain bicycling in accordance with special use permit requirements and other applicable legal requirements. Identify opportunities to promote the public health and fitness benefits of mountain bicycling.
12. Complete job hazard analyses for IMBA projects and activities conducted on NFS lands pursuant to this MOU, and conduct safety training prior to engaging in these projects and activities. Address anticipated hazards and steps that should be taken to reduce the hazards in these training sessions.

F. IT IS MUTUALLY AGREED BY THE FS AND IMBA THAT:

1. This MOU shall take effect when it is fully executed and shall expire five years from its effective date.
2. Modifications to this MOU shall be made in writing and shall be signed and dated by the the FS and IMBA.
3. Either the FS or IMBA may withdraw from this MOU after 60 days written notice.
4. The principal contacts for this MOU are:

Jonathan Stephens, Congressionally Designated Areas and Trails Program Manager USDA Forest Service	Mike Van Abel, Executive Director Jenn Dice, Government Affairs Director International Mountain Bicycling Association
Recreation and Heritgage Resources Staff	P.O. Box 7578
201 14th Street S.W. Washington, D.C. 20250-1125	Boulder, CO 80306-7578
Telephone: (202) 205-1701	Telephone: (303) 545-9011
Facsimile: (202) 205-1145	Facsimile: (303) 545-9026
Email: email address	Email: email address email address

The FS and IMBA certify that the individuals listed as principal contacts are authorized to act in their respective areas of responsibility on matters related to this MOU. The local contacts for the FS are District Rangers, who may enter into subsequent agreements as needed to implement this MOU.

5. The FS and IMBA shall handle their own activities and utilize their own resources, including the expenditure of their own funds, in pursuing the objectives enumerated in this MOU.
6. In implementing this MOU, the FS will be operating under applicable laws, regulations, and policies, subject to the availability of appropriated funds.
7. Nothing in this MOU authorizes the FS to obligate or transfer funds. Specific projects or activities that involve the transfer of funds, services, or property between the FS and IMBA require execution of separate agreements and are contingent upon the availability of appropriated funds. These activities must be independently authorized by statute. This MOU does not provide that authority. Negotiation, execution, and administration of these agreements must comply with all applicable law.
8. Nothing in this MOU is intended to alter, limit, or expand the FS's statutory and regulatory authority.
9. Nothing in this MOU restricts the FS or IMBA from participating in similar activities with other public or private agencies, organizations, and individuals.
10. This MOU does not create any substantive or procedural rights that are enforceable at law or equity against the United States or its officers, agents, or employees.
11. Any information furnished to the FS under this MOU is subject to the Freedom of Information Act (5 U.S.C. § 552).
12. No member of or delegate to Congress may benefit from this MOU either directly or indirectly.

Mike Van Abel        Date
Executive Director
INTERNATIONAL MOUNTAIN BICYCLING ASSOCIATION

Dale N. Bosworth      Date
Chief
USDA, FOREST SERVICE