U.S. Forest Service/IMBA Memorandum of Understanding, 2000-2005

Archive document. Has now been replaced by 2007 U.S. Forest Service/IMBA Memorandum of Understanding

Servicewide Memorandum Of Understanding

between

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

00-SU-11130124-224

October 11, 2000

This 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 continue to develop and expand a framework of cooperation upon which mutually beneficial programs, 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 comprise part of the FS multiple use 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 (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, educational and support community objectives that contribute to local and regional economies and quality of life.

IMBA represents the major segment of the organized mountain bicycling public/industry and is the recognized leader in establishing mountain bike ethics, safety standards, volunteerism, and fostering appropriate land-use management on Federal and non-Federal lands. IMBA members desire to use the National Forest for recreational purposes, and through this MOU or subsequent agreements may provide support, volunteer labor and/or funds to the FS for accomplishment of mutually beneficial bicycling projects or activities.

There is a need to actively promote public-private partnerships that encourage responsible use of public lands by visitors participating in mountain biking travel and recreational activities. Both the FS and IMBA share the common responsibility and interest of disseminating information to the public regarding conservation, recreation and natural resource activities as they relate to mountain biking. In consideration of the above premises, the parties agree as follows:

III. THE FS SHALL:

A. Work with IMBA and its affiliate organizations to identify appropriate partnership opportunities (trail projects, administrative studies, education programs, etc.) and jointly pursue such projects in conjunction with the mountain biking community and FS districts nationwide, contingent upon availability of funds and personnel.

B. Make IMBA information available to the public regarding the development and presentation of training materials related to mountain bicycling safety and ethics, trail construction and maintenance, and the availability of mountain bicycling opportunities on NFS lands.

C. Encourage local FS officials to participate with IMBA national office staff, representatives, affiliate organizations and members in the development of mutually beneficial work projects and educational activities.

D. Make NFS lands available for mountain biking and related activities, subject to applicable Federal laws, regulations, Forest Plans and other management direction.

E. Encourage the management of mountain bike use as distinct from motorized activities when developing agency policy, forest management plans, and travel management rules.

F. Include and utilize IMBA's and its affiliates' technical expertise in developing FS programs as they relate to mountain biking.

G. Provide copies of IMBA's Rules of the Trail at FS information centers, trailheads, campgrounds and other appropriate sites for public use.

H. 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.)

IV. IMBA SHALL:

A. Work with the FS to identify appropriate partnership opportunities (trail projects, administrative studies, education programs, etc.) and jointly pursue such projects in conjunction with the mountain biking community and FS districts nationwide, contingent upon availability of funds and personnel.

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

C. Make information gathered under established IMBA programs such as the IMBA/ Trail Care Crew, trailbuilding schools, or the National Mountain Bike Patrol program available to the FS.

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

E. Provide training and instructions to its members regarding, "Rules of the Trail", Leave No Trace, and Tread Lightly! ethics programs.

F. Obtain FS approval prior to publication of any printed materials intended for public distribution regarding mountain bicycling on NFS lands.

G. Provide technical expertise to the FS 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.)

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

A. The principal contacts for this agreement are:

Dispersed Recreation Program Manager USDA Forest Service RH&WR (4CEN Yates) P.O. Box 96090 Washington, D.C. 20090-6090 (202) 205-1313

Executive Director International Mountain Bicycling Association P.O. Box 7578 Boulder, Colorado 80306-7578 (303) 545-9011

The local contact persons for FS are District Rangers, who may enter into subsequent agreements and partnerships as needed at the local levels to accomplish portions of this MOU.

B. Non Fund-Obligating Document. This MOU is neither a fiscal nor a funds obligation document. Any endeavor involving reimbursement or contribution of funds between the parties to 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 subsidiary 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 comply fully with all applicable requirements for competition. Nothing in this MOU will be construed as affecting the authorities of the participants or as binding beyond their respective authorities or to require any of the participants to obligate or expend funds.

C. Freedom of Information Act. Any information furnished to the Forest Service under this instrument is subject to the Freedom of Information Act (5 U.S.C. 552.)

D. 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 the parties, prior to any changes being performed.

E. Participation in Similar Activities. This MOU in no way restricts the Forest Service or IMBA from participating in similar activities or arrangements with other public or private agencies, organizations, or individuals.

F. Nondiscrimination. During the performance of this agreement, all parties will abide by the terms of Executive Order 11246 on nondiscrimination and will not discriminate against any person because of age, race, color, religion, sex, national origin, or disability.

G. Commencement/Expiration Date. This MOU becomes effective upon signature by all parties and, unless terminated, shall be in force for five years from the date of the last signature, at which time it is subject to review and renewal or expiration. Each party in this MOU reserves the right to withdraw from this agreement, or any part thereof, at any time upon 30 days written notice. The agreement may continue with the remaining parties. Additional parties may be added to this MOU, and the MOU may be modified or amended, with the concurrence of the present parties.

H. Conflict. Nothing herein is intended to conflict with current Department of Agriculture or IMBA directives. If any term of this agreement is deemed inconsistent with those directives, then the portions of this agreement that are inconsistent shall be null and void; but the remaining terms and conditions will remain in full force and effect.

I. Termination. Either of the parties, in writing, may terminate the instrument in whole, or in part, at any time before the date of expiration.

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

DENNIS E. BSCHOR
Director, Recreation, Heritage and Wilderness Resources, Forest Service

TIM BLUMENTHAL
Executive Director, International Mountain Bicycling Association