Example Memorandum Of Understanding between
W. Kerr Scott Reservoir & Brushy Mountain Cyclists Club (BMCC)

This Master Memorandum of Understanding (MOU) is made and entered between the Kerr Scott Reservoir Army Corps of Engineers and the Brushy Mountain Cyclists Club, hereinafter referred to as BMCC.

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 Army Corps of Engineers and BMCC working cooperatively at Kerr Scott Reservoir. Such programs, projects, and activities complement the USACE mission and are in the best interests of the public.

Introduction

The USACE is an organization dedicated to the management of Kerr Scott Reservoir and Dam 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.

The BMCC represents the bicyclists of Wilkes County. We are recognized leaders in establishing bicycling ethics, safety standards, volunteerism, and fostering appropriate land-use management on Federal and non-Federal lands. BMCC may desire to use Dark Mountain Trail for recreational purposes, provide support, and volunteer labor and/or funds to Kerr Scott Reservoir Army Corps of Engineers for accomplishment of mutually beneficial projects or activities.

Both USACE Kerr Scott Reservoir 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:

The Army Corps of Engineers/Kerr Scott Reservoir shall:

1. Provide BMCC information regarding the development and presentation of training materials related to mountain bicycling safety and ethics, and the availability of mountain bicycling opportunities on the Dark Mountain Trail.
2. Encourage local USACE officials to participate with BMCC members in the development of mutually beneficial work projects and educational activities at the Dark Mountain Trail.
3. Make Federal lands available for the furtherance of this MOU subject to applicable Federal laws, regulations, Forest plans, other management direction.

The BMCC as a member of the International Mountain Biking Association (IMBA) shall:

1. Provide technical assistance to the land mangers and communities involved in work projects, educational activities, and mountain bicycling opportunities.
2. Encourage its members to work with USACE 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 USACE approval on all proposed printed materials intended for public distribution regarding mountain biking on the Dark Mountain Trail.

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. Such endeavors will be outlined in separate agreements that shall be made in writing by representatives of the parties.
2. The local contact persons for the USACE are 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 USACE from participating in similar activities or arrangements with other public or private agencies, organizations, or individuals.
4. Nothing in this memorandum shall obligate the USACE to BMCC to expand appropriations or to enter in any contract or other obligations.
5. The cooperator shall comply with all Federal Statutes relating to non-discrimination and all applicable requirements of all 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), which prohibits discrimination on 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 force and effect until December 31, 2002, at which time it will be subject to review and renewal.
7. The principal contacts for this agreement are:

RG Absher
Army Corps of Engineers
W. Kerr Scott Reservoir
499 Reservoir Road
Wilkesboro, NC 28697

Dwight Levi
President - Brushy Mountain Cyclists Club
679 Forest Drive
Wilkesboro, NC 28697

IN WITNESS WHEREOF, the parties hereto have executed this MOU as of the last written date below. Dwight Levi President BMCC date Terry Ramsey Operations Manager, USACE, W. Kerr Scott Reservoir date