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Forest Service Agreement Number: 09-MU-11030514-028


MEMORANDUM OF UNDERSTANDING
between
USDA FOREST SERVICE, REGION 3,
CORONADO NATIONAL FOREST
and
PIMA COUNTY
TUCSON, ARIZONA

This MEMORANDUM OF UNDERSTANDING, to cooperate in the National Environmental Policy Act process concerning the Rosemont Copper Project, is hereby entered into by and between the USDA Forest Service, Region 3, Coronado National Forest (hereafter, Forest), hereinafter referred to as the Forest Service, and Pima County, Arizona, hereinafter referred to as Pima County.


A. PURPOSE

The purposes of this Memorandum of Understanding (MOU) are to:

  1. Provide the framework for a mutually beneficial, cooperative, and productive intergovernmental relationship between the Forest Service and Pima County with regard to the development of the Forest Service's environmental impact statement for the Rosemont Copper Project.
  2. Define the respective roles and responsibilities of the Forest Service and Pima County as they relate to the process the Forest Service will use in developing an environmental impact statement for the Rosemont Copper Project.
  3. Affirm the parties' willingness and agreement to cooperate in the environmental study for the Rosemont Copper Project.
  4. Identify the Forest Service as the lead Federal agency and Pima County as a cooperating agency.
  5. Affirm that the Forest Service has primary responsibility for National Environmental Policy Act (NEPA) compliance and preparation of the environmental impact statement for the Rosemont Copper Project.
  6. Affirm the commitment of the Forest Service to fully consider the views of the Pima County in the development of the environmental impact statement for the Rosemont Copper Project.
  7. Establish the parties' agreement and commitment to jointly review the environmental impact statement developed under NEPA for the Rosemont Copper Project.
  8. Affirm that the Forest Service has sole and ultimate decision-making authority regarding the use of National Forest System lands for the Rosemont Copper Project.

B. BACKGROUND

The Council on Environmental Quality regulations, codified at 40 Code of Federal Regulations (C.F.R.) Parts 1500-1508, apply to the Forest Service. The Forest Service also has its own regulations and policies for implementing NEPA. NEPA requires Federal agencies to prepare an environmental impact statement prior to undertaking a major Federal action significantly affecting the quality of the human environment. NEPA also requires Federal agencies to study, develop, and describe appropriate alternatives to any proposal involving unresolved conflicts concerning alternate uses of available resources. NEPA also requires disclosure of the potential impacts of the proposed action and its alternatives.

The Rosemont Copper Project was generated externally by the Rosemont Copper Company. It is a major Federal action that may significantly affect the quality of the human environment. The proposed project is construction, operation, reclamation, and closure of an open-pit mine. The proposed project also includes associated infrastructure.

As proposed, the project would be located in Pima County, Arizona approximately 30 miles southeast of Tucson, Arizona on approximately 995 acres of private land, 3,670 acres of National Forest System land, 15 acres of land administered by the USDI Bureau of Land Management, and 75 acres of State of Arizona State Trust Lands. Ore extraction is proposed to be conducted primarily on private lands. Ore processing, waste management, and other support facilities and infrastructure are proposed to be located on the Forest. Project infrastructure is also proposed to be located on land administered by the USDI Bureau of Land Management and the State Trust Lands.

Annual production estimates include 234 million pounds of copper, 4.5 million pounds of molybdenum, and 2.7 million ounces of silver over a period of approximately 20 years. A further summary of the proposed action is provided in the Forest Service's "Notice of Intent to Prepare an Environmental Impact Statement" published in the Federal Register on March 13, 2008 (Volume 73, Number 50, pages 13527-13529). The complete proposed action consists of the material provided by the Rosemont Copper Company identified in Forest Supervisor Derby's letter of October 19, 2007, and the 28 items responsive to her request for additional information. An electronic composite of this information has been compiled to facilitate its use. It will be referred to hereafter as the composite Mine Plan of Operation (MPO). The composite MPO is available through links at: http://www.fs.fed.us/r3/coronado/rosemontlmpo.shtml.

The General Mining Act of 1872 confers a statutory right to enter upon public lands open to location in pursuit of locatable minerals, and under valid existing mining claims to conduct mining activities, in compliance with federal and state statutes and regulations. The Multiple-Use Mining Act of 1955 confirms the ability to conduct mining activities on public lands, locate necessary facilities, and conduct reasonable and incidental uses to mining on public lands, including National Forest System lands. Forest Service mining regulations at 36 C.F.R. Part 228 Subpart A correspondingly recognizes the rights of mining claimants.

Although the Forest Service may reasonably regulate mining activities to protect surface resources, there are statutory and constitutional limits to its discretion when reviewing and approving a mining plan of operations. The Forest Service cannot categorically prohibit mining activity or deny reasonable mineral operations under the mining laws. Although selection of a no-action alternative is outside the discretion of the Forest Service Responsible Official, the impacts of no action will be disclosed in the environmental impact statement. In practice, the Forest Service works with the mining applicant to develop an acceptable, legally-compliant plan of operations as an alternative to be considered during the NEPA process, thereby precluding selection of the no-action alternative.

C. MUTUAL BENEFITS AND INTERESTS

In the interest of mutual benefits and interests, both agencies wish to:

  1. Develop procedures to ensure that each may efficiently and effectively meet its responsibilities as a public entity.
  2. Cooperate to help achieve better outcomes while ensuring each agency's key mandates and legal requirements are adequately and appropriately met.
  3. Communicate openly and provide a conduit for the timely exchange of information.
  4. Provide a framework to fully consider the physical, biological, social, economic, and cultural impacts of the Rosemont Copper Project as part of their respective and collective planning and decisionmaking processes.
  5. Resolve conflicts at the lowest administrative level without having to resort to judicial review.
  6. Conduct a periodic review of this MOU for evaluation of its effectiveness.

D. FOREST SERVICE RESPONSIBILITIES

The Forest Service shall:

  1. Retain its sole and ultimate decision-making authority regarding the use of National Forest System lands for the Rosemont Copper Project, using the "Rosemont Copper Project Final Environmental Impact Statement," and supporting record as the basis for determining the Final Mine Plan of Operation.
  2. Retain its primary responsibility for NEPA compliance including, but not limited to, content of the environmental impact statement, public distribution of the "Rosemont Copper Project Draft Environmental Impact Statement" for review and comment, public distribution of other project materials, management of the comments received on the environmental impact statement, public notice and filing requirements, and arrangements associated with any public meetings to be held.
  3. Identify any requirements necessary for compliance with the Land and Resource Management Plan for the Coronado National Forest, 1986, as amended or revised, (hereafter, Forest Plan) or to further amend the Forest Plan as needed.
  4. Designate Pima County as a cooperating agency in the environmental impact statement.
  5. Share with Pima County data and other information that is relevant to the development of the environmental impact statement and within Pima County's special expertise.
  6. Hold, on its own accord or upon request, government-to-government meetings and field reviews with Pima County as determined appropriate, without general public notice or participation.
  7. Confer with Pima County on relevant technical studies and reports that may be required for the project.
  8. Include, to the extent feasible, sufficient documentation in the environmental impact statement and supporting record to allow use by Pima County to meet their compliance requirements or other responsibilities.
  9. Request Pima County's review of internal working drafts of select portions of the environmental impact statement.
  10. Provide Pima County with copies of the internal working drafts of the "Rosemont Copper Project Draft Environmental Impact Statement" and "Rosemont Copper Project Final Environmental Impact Statement" for review prior to printing of such for public distribution, and negotiate a reasonable amount of time for review.
  11. Ensure that contributions by Pima County are considered and appropriately incorporated into the project.
  12. Notify Pima County of any public notices made by the Forest Service pertaining to the project.
  13. Keep Pima County apprised of the project schedule and provide an updated schedule as it becomes available.
  14. Additional responsibilities of the Forest Service in cooperating specifically with Pima County are contained in Attachment 1.

E. COOPERATING AGENCY RESPONSIBILITIES

Pima County shall:

  1. Perform the duties of a cooperating agency under NEPA for the Rosemont Copper Project.
  2. Participate only in those areas under its special expertise, unless otherwise invited by the Forest Service.
  3. Provide the Forest Service with responses to data requests to the degree the data are reasonably available within time limits that will meet the project schedule.
  4. Share with the Forest Service, data and other information within its special expertise that are or may be relevant to the development of the environmental impact statement.
  5. Provide copies of the existing and proposed laws, regulations, and policies within its special expertise that are or may be relevant to the project.
  6. Explain the relationship of existing and proposed laws, regulations, and policies within its special expertise to the project.
  7. Make a good faith effort to raise concerns about the project and offer solutions relative to its special expertise in a timely and specific manner.
  8. Upon request, participate in government-to-government meetings and field reviews with the Forest Service, if feasible.
  9. Review and provide written comments on internal working drafts of select portions, as deemed appropriate by the Forest Service, of the environmental impact statement, within a negotiated reasonable amount of time.
    1. Review is to ensure technical accuracy and conformance with laws, regulations, and policies within Pima County's special expertise.
    2. Review is to provide recommendations for improvement of reviewed internal working draft material where the materials are found to be incomplete, inadequate, or inaccurate.
  10. Review and provide written comments on the internal working drafts of the "Rosemont Copper Project Draft Environmental Impact Statement" and "Rosemont Copper Project Final Environmental Impact Statement" prior to the Forest Service printing of such for public distribution, within a negotiated reasonable amount of time.
    1. Review is to ensure technical accuracy and conformance with laws, regulations, and policies within Pima County's special expertise.
    2. Review is to provide recommendations for improvement of reviewed internal working draft material where the materials are found to be incomplete, inadequate, or inaccurate.
  11. Provide input to and/or review responses to the public comments received on the "Rosemont Copper Project Draft Environmental Impact Statement," at the request of the Forest Service.
  12. Proceed with work as expeditiously as possible to comply with the project schedule.
  13. Provide the Forest Service with as much advance warning as possible should budgetary or program constraints prevent Pima County from fulfilling its commitments identified in this MOU.
  14. Make the Forest Service aware if, at any point in the process, its needs are not being met.
  15. Additional responsibilities of Pima County in cooperating with the Forest Service are contained in Attachment 2.

F. MUTUAL AGREEMENT AND UNDERSTANDING

It is mutually agreed and understood by all parties that:

  1. JURISDICTIONS. This MOU does not affect each agency's jurisdictions that exist as a matter of law.
  2. LEAD AGENCY. The Forest Service is the Lead Federal Agency, and has the authority through the Forest Supervisor to enter into this MOU.
  3. COOPERATING AGENCY. Pima County's participation in preparation of the environmental impact statement for the Rosemont Copper Project as a cooperating agency is appropriate because Pima County is a downstream landowner and local land use regulator with limited jurisdictional and management responsibility over some aspects of mining operations. Additional information as to Pima County's special expertise is contained in Attachment 3. Pima County has the authority through Arizona Revised Statute (A.R.S.) §11-201(A)(3) to enter into this MOU.
  4. INFORMATION MANAGEMENT. The Forest Service will share draft and deliberative materials with Pima County to further accomplish the purposes of this MOU in achieving the
    previously stated mutual benefits and interest. While the Forest Service seeks to conduct a transparent process, not all shared information may be ripe for disclosure to the public. Sometimes confusion and angst is created by the premature release of information to the public. To minimize this, the Forest Service asks that Pima County does not proactively make public notice of shared information. However, the Forest Service recognizes that Pima County may receive and process, within its authorities, external requests for information. To reduce external requests for information, the Forest Service intends to post select items of shared information that it deems ripe for public dissemination to the to the worldwide Internet at www.RosemontElS.us. Information furnished by Pima County in response to a formal request by the Forest Service under this MOU will become part of the Forest Service's official record and subject to public release pursuant to the Freedom of Information Act and other applicable federal statutes. To allow full and frank discussion of preliminary analysis and recommendations, meetings with cooperating agencies to review draft and deliberative materials will not be open to the public.
  5. PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts the Forest Service or Pima County from participating in similar activities with other public or private agencies, organizations, and individuals. Parties may meet separately with any other cooperating agency.
  6. COMMENCEMENT/EXPIRATION/TERMINATION. This MOU shall be effective upon the signature of the Forest Supervisor and the Pima County signing official, and shall remain in effect until public release of the "Rosemont Copper Project Final Environmental Impact Statement" by the Forest Service. This MOU may be extended or amended upon written request of either party and the subsequent written concurrence of the other. Either party may terminate this MOU following the delivery of a 60-day written notice to the other.

    Consistent with information tracked by the Council on Environmental Quality, below are some reasons for terminating a cooperating agency agreement:
    • Cooperating agency lacks special expertise and jurisdiction by law.
    • Cooperating agency lacks authority to enter into an agreement.
    • Cooperating agency lacks agreement with the Lead agency (e.g.: unable to accept the scope of the analysis or the purpose and need for the proposed action; unable to accept responsibilities and/or milestones for analysis and documentation; unable to develop information/analysis of all reasonable alternatives; unable to prevent release of predecisional information; misrepresents the process or the findings presented in the analysis and documentation).
    • Cooperating agency lacks capacity (training or resources) to participate (e.g.: unable to participate during scoping and/or throughout the preparation of the analysis and documentation as necessary to meet process milestones; unable to identify significant issues, eliminate minor issues, identify issues previously studied, or identify conflicts with the objectives of regional, State, and local land use plans, policies, and controls in a timely manner; unable to assist in preparing portions of the review and analysis and to help resolve significant environmental issues in a timely manner; unable to provide resources to support scheduling and critical milestones).
  7. RESPONSIBILITIES OF PARTIES. The Forest Service and Pima County and their respective agencies and offices will oversee the activities set forth herein as individual roles and responsibilities and will utilize their own resources, including the expenditure of funds, in pursuing these objectives. Each party will carry out its separate activities in a coordinated and mutually beneficial manner. While the parties agree to make reasonable efforts to resolve procedural and substantive disagreements, the Forest Service retains final responsibility for determining the content of the environmental impact statement and its related processes.
  8. PRINCIPAL CONTACTS. The principal contacts for this instrument are:

    Forest Service Pima County
    Project Technical Contact Project Technical Contacts
       
    >>>>>NONE<<<<< >>>>>NONE<<<<<
       
    Forest Service Pima County
    Project Management Contact Project Management Contact
       
    Teresa Ann Ciapusci Julia Fonseca
    Forest Service Project Manager Environmental Planning Manager
    Rosemont Copper Project Office of Conservation Science and Environmental Policy
    Coronado National Forest Pima County
    300 West Congress Street 201 North Stone Ave, 6th Floor
    Tucson, Arizona 85701 Tucson, Arizona 85701
    Phone: 520-388-8350 Phone: 520-6460
    FAX: 520-388-8305 FAX:  520-243-1610
    E-Mail: tciapusci@fs.fed.us E-mail:  rcasavant@azstateparks.gov
       
    Forest Service Pima County
    Administrative Contact Administrative Contact
       
    Grants and Agreements Specialist Nicole Fyffe
    Coronado National Forest Executive Assistant to County Administrator
    300 West Congress Street Pima County
    Tucson, Arizona 85701 130 West Congress, 10th Floor
    Phone:  520-388-8325 Tucson, Arizona 85701
    FAX:  520-388-8331 Phone:  520-740-8661
    E-mail:  nnorris@fs.fed.us FAX:  520-740-8171
      E-mail:  Nicole.Fyffe@pima.gov

At its sole discretion, an above-named party may designate an alternate representative. Each agency's designated authorized representative is authorized to act in its behalf with respect to those matters contained in this MOU. Each agency may change the designation or its authorized representative upon oral notice given to the other, confirmed promptly by written notice.

Each agency may request that additional persons with special expertise attend meetings to present and discuss information. Such attendance must be requested and confirmed by the other party in writing prior to the meeting.

The Forest Service will be the main contact with the project proponent and its consultant(s) and sub-consultant(s) providing support to the project.

Pima County may communicate with the Forest Service's third-party environmental consultant, SWCA Environmental Consultants, only through the Forest Service's Project Management Contact representative or with the specific written permission of the Forest Service's Project Management Contact.

  1. NON-FUND OBLIGATING DOCUMENT. Nothing in this MOU shall obligate either the Forest Service or Pima County to obligate or transfer any funds. Specific work projects or activities that involve the transfer of funds, services, or property among the various agencies and offices of the parties will require executions of separate agreements and be contingent upon the availability of appropriated funds. Such activities must be independently authorized by appropriate statutory authority. This MOU does not provide such authority. Negotiation, execution, and administration of each such agreement must comply with all applicable statutes and regulations.
  2. ESTABLISHMENT OF RESPONSIBILITY. This MOU is not intended to, and does not create, any right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity, by a party against the United States, its agencies, its officers, or any person.
  3. AUTHORIZED REPRESENTATIVES. By signature below, the cooperator certifies that individuals listed in this document as representatives of the cooperator are authorized to act in their respective areas for matters related to this agreement.


THE PARTIES HERETO have executed this instrument.

PIMA COUNTY   USDA FOREST SERVICE  
       
06/02/09
06/09/09
RICHARD ELIAS DATE JEANINE A. DERBY   DATE
Chairman of the Board of Supervisors Forest Supervisor  
     
       
ATTEST: The authority and format of this instrument has been reviewed and approved for signature.
06/02/09

 

 06/09/09
Clerk of the Board of Supervisors DATE NORENE NORRIS DATE
    FS Agreements Coordinator  
       

 



Attachment 1
Additional Forest Service Responsibilities for Cooperating with Pima County

The Forest Service acknowledges its prior Memorandum of Understanding with Pima County (08-MU-11030514-022 dated October 14, 2008) that establishes an intergovernmental relationship and defines roles and responsibilities of each party when undertaking planning efforts that are ripe for analysis pursuant to the National Environmental Policy Act. To the extent the requirements of the October 2008 MOU pertain, the Forest Service will incorporate them into the NEPA analysis for the Rosemont Copper Project. (See Attachment 4 for the full text of the October 2008 MOU)

Section B

  • The Forest Service acknowledges Pima County disagrees with its statement in the last paragraph under Section B of this MOU that indicates selection of a no action alternative is outside of the discretion of the Forest Service Responsible Official. However, the Forest Service will retain the statement in this MOU. Although the Forest Service may reasonably regulate mining activities to protect surface resources, there are statutory and constitutional limits to its discretion when reviewing and approving a Plan of Operations for mining activities on National Forest System lands. The Forest Service cannot categorically prohibit mining activity or deny reasonable mineral operations under the mining laws. In practice, if the originally proposed Plan of Operations does not meet all applicable requirements to minimize adverse environmental impacts on national forest surface resources, the Forest Service works with the mining applicant to develop an acceptable legally-compliant Plan of Operations as an alternative to be considered during the NEPA process, thereby precluding selection of the no-action alternative.
  • Pima County requested adding the words "and natural" in two paragraphs of Section B. The Forest Service declines adding this text because the Council on Environmental Quality's regulations at 40 CFR 1508.14 indicates the term human environment "shall be interpreted comprehensively to include the natural and physical environment and the relationship of people with that environment.

 

"Attachment 2,
Additional Pima County Responsibilities for Cooperating with Forest Service


»» NONE ««

 


Attachment 3
Description of Pima County's Special Expertise

Pima County is a downstream landowner and local land use regulator with limited jurisdictional and management responsibility A.R.S. Sections 11-251(17) and 11-802, as well as authority to regulate some aspects of mining operations including air quality (A.R.S §§ 49-402, 49-471-516) and, through its Flood Control District, floodplain use permits pursuant to A.R.S § 48-3606, et seq.

Pima County staff and departments can provide specialized technical expertise and constructive input regarding environmental impacts associated with:

  • Water resources
  • Air quality
  • Mining
  • Hydrology
  • Transportation
  • Archeology
  • Ecology
  • Outdoor recreation
  • Flood plain permitting
  • Drafting scope of work documents for technical studies of environmental effects

    - In particular, Pima County Flood Control District can provide a scope of work specifying the type of investigations needed to quantify the likely effects of the proposed Rosemont Copper Mine upon flood frequency, travel time, magnitude, infiltration rates, natural overbank storage, and streambed recharge in downstream areas.

 


Attachment 4
MOU 08-MU-11030514-022 between the Forest Service and Pima County
October 14 2008

 


FS Agreement No.  08-MU-11030514-022     
Cooperator Tax ID No.__________________
Cooperator Agreement No._______________

08/29/08


MEMORANDUM OF UNDERSTANDING
between
USDA FOREST SERVICE, REGION 3,
CORONADO NATIONAL FOREST
and
PIMA COUNTY BOARD OF SUPERVISORS,
PIMA COUNTY, ARIZONA

This MEMORANDUM OF UNDERSTANDING is hereby entered into by and between the USDA Forest Service, Region 3, Coronado National Forest, hereinafter referred to as the Forest Service, and the Pima County Board of Supervisors, Pima County, Arizona, hereinafter referred to as the County.

  1. PURPOSE:
    The purpose of this Memorandum of Understanding (MOU) is to provide the framework for a mutually beneficial, cooperative, and productive intergovernmental relationship between Pima County and the Forest Service with regard to the development and implementation of the Forest Service's Land and Resource Management Plan, hereinafter referred to as the Forest Plan, and amendments to such. Further, this MOU is intended to define the respective roles and responsibilities of the Forest Service and the County as they relate to both Forest Service and County planning processes.
  2. BACKGROUND:
    The Forest Service manages the Coronado National Forest in accordance with the Bankhead-Jones Act, the Forest Reserve Organic Act of 1897, the Multiple-Use Sustained Yield Act, the Federal Land Planning and Management Act, and the Forest and Rangeland Renewable Resources Planning Act, as amended by the National Forest Management Act (NFMA), and all other applicable Federal, State, and local laws, regulations and policies. These Acts require management of National Forest System (NFS) lands for multiple uses on a sustained basis to ensure a continued supply of goods and services to the American people. Decisions made in the Forest Plan are implemented only after the environmental review requirements of the National Environmental Policy Act (NEPA) have been met.

    It is both Forest Service and County policy to evaluate the potential impacts of proposed land management actions on the physical, biological, social. cultural and economic aspects of the human environment. Both panics seek to involve each other in the planning of decisions before they arc rendered; to provide early notice of upcoming proposals to other agencies, government officials, and stakeholders; and to provide timely notice to each other regarding the need for new or revised environmental planning documents and the processes that govern their preparation.

    The Forest Service and the County agree to enter into this MOU and have the authority, through the Forest Supervisor and the County Board, to do so. It is mutually recognized that
    1. This MOU shall not be construed to affect the jurisdictions of Federal, State, County or other local government agencies that exist as a matter of law.
    2. The Forest Service has three administrative units in Pima County. The Santa Catalina Ranger District manages land and resources in the Santa Catalina and Rincon Mountains. The Nogales District manages the Santa Rita and Tumacacori Mountains. The Sierra Vista Ranger District manages the Whetstone Mountains.
    3. This MOU is intended by the County and the Forest Service to ensure that their individual and joint planning and enforcement activities consider the impacts of future decisions on the culture, as well as the economic and social stability, of the County and its residents.

County and Forest Service planning activities require different forms of documentation prior to decision making and implementation. For the Forest Service, planning is mandated by Federal laws, regulations, and guidance including, but not limited to, the National Environmental Policy Act, the National Forest Management Act, and Forest Service policies, procedures and regulations.

The County has planning activities mandated by State and local laws.

   C. STATEMENT OF MUTUAL BENEFIT AND INTERESTS:

  • Both agencies wish to develop procedures to ensure that each may efficiently and effectively meet its responsibilities as a public entity.
  • Both agencies wish to communicate openly and provide a conduit for exchange of information concerning common issues and problems.
  • Both agencies wish to provide a framework to fully consider the social, economic, and cultural impacts of public land and resource management decisions as part of their respective and collective planning and decision making processes.
  • Both agencies wish to work cooperatively to monitor implementation of the Coronado National Forest Land and Resource Management Plan.
  • Both agencies wish to establish a conflict resolution process at the lowest administrative level without having to resort to judicial review.
  • Both agencies wish to conduct a periodic review of this MOU for evaluation of its effectiveness.
  1. THE FOREST SERVICE SHALL:
    THE NATIONAL ENVIRONMENTAL POLICY ACT
    1. Scoping
      1. At the discretion of the Forest Service decision maker, advise the County of proposed implementation of specific projects authorized under the Forest Plan as they are developed and ripe for NEPA analysis. If a written scoping notice is prepared for public distribution, a copy shall be provided to the County for review.
      2. At the discretion of the Forest Service decision maker, plan, organize, and implement meetings, in response to the County's request, to clarify project goals, objectives and/or issues.  To the maximum extent possible, such meetings will focus strictly on specific issues related to each project. Both agencies may request persons with special expertise to attend such meetings to present and discuss information.
  2. Development and Evaluation of Alternatives and Mitigation
    1. Provide detailed information about the proposed action, alternatives, and mitigation if the County has expressed an outstanding concern or requested further information.
    2. Fully consider County plans and policies related to issues raised. Inconsistencies between the proposed action and such plans and policies shall be fully discussed and evaluated, as warranted, in the NEPA document.
  3. Notification and Comment
    1. Follow its procedures for Notice, Comment, and Appeal.
    2. Provide the County with legal notice of the availability of each NEPA document for public review and a copy of the document itself.
    3. Provide written notice of each NEPA decision to the County for all actions in which the County has indicated interest.

FOREST LAND MANAGEMENT PLAN DEVELOPMENT, AMENDMENT OR REVISION UNDER THE NATIONAL FOREST MANAGEMENT ACT

  1. Adhere to requirements for coordination and collaboration with the County during any revision or pertinent amendment of the Forest Plan in accordance with applicable law, regulation, and policy.  The National Forest Management Act requires public participation during development and revision of land management plans [16 U.S.C. 16041.
  2. Work closely with the County to develop, revise or amend Forest Plans that are intended to provide a strategic vision for 10 to 15 years and establish the desired conditions and management objectives that will sustain multiple uses while maintaining long-term productivity of the land, such that they best meet the needs of the American people [NFMA (16 U.S.C. 1600 (note))].
  3. Provide opportunities for the County to collaborate and participate openly and meaningfully in the planning process. Specifically, the Forest Service shall request County participation in these key planning activities:
    1. Developing reports that document needed changes in Forest Plan management direction.
    2. Developing Forest Plan direction.
    3. Designing the Forest Plan monitoring program.
    4. Evaluating monitoring results regarding the effects of Forest Plan implementation, and designing appropriate corrective actions as needed.
  4. Meet with and provide early opportunities for the County to be involved. collaborate, and participate in planning for management of NFS lands.
  5. Seek assistance from the County, as necessary, to address management issues or opportunities.
  6. Provide formal public notification in newspapers of record (those identified in the & deral Register) of the following opportunities for public involvement AND send such notices directly to the County:
    1. initiation of Forest Plan revision or amendment processes;
    2. public comment periods on proposed amendments or revisions;
    3. opportunities to review according to the administrative review process; and
    4. issuance of approval documents for Forest Plan revisions or amendments.
  7. Apply the following principles to guide collaborative activities during land management planning:
    1. Build and maintain working relationships, trust, and collaborative capacity with people of diverse values, backgrounds, and incomes, including underserved and low-income citizens, and with Federal, State, and local governments, tribes, private landowners, and interested individuals and organizations.
    2. Encourage a shared understanding of the values, concerns, roles, and responsibilities of all participants while establishing a common base of understanding about the existing Forest Plan and relevant social, ecological, and economic information.
    3. Follow an iterative approach to the development of a revised Forest Plan, one that integrates County and other stakeholder ideas and comments as the Plan is developed, working collaboratively with these entities to improve the Plan as it is implemented.
  8. Grant the County or other governmental entities an opportunity to review draft documents and participate in Government-to-government discussions about the Forest Plan, as necessary, without general public notice or participation [2 U.S.C. 1534 (b)].


OTHER PLANNING AND ASSESSMENTS

  1. Notify the County of other mid-level assessments and plans that do not approve, authorize, limit, or prohibit any specific land-use activities and do not require NEPA compliance.
  2. Adhere to the same requirements for cooperation and participation with the County previously described for implementation of project-level or Forest Plan-level activities when conducting other mid-level planning that does not involve project-level NEPA decisions or Forest Plan approval. Examples of these include watershed or landscape-level assessments, wildlife habitat assessments, fire management plans, community wildfire protection plans, roads analysis process, and similar analysis efforts that evaluate resource and land use conditions, set priorities, or discuss possible implementation strategies.

E. THE COUNTY SHALL:
    NATIONAL ENVIRONMENTAL POLICY ACT

  1. Scoping
    1. Monitor the quarterly updates of the Forest Service's Schedule of Proposed Actions (January 1, April 1, July 1, and October 1) on the internet at www.fs.fed.us/r3/coronado and inform the Forest Service of projects of interest to the County. The County will be prepared to act promptly upon receipt of scoping notices or other requests from the Forest Service regarding County input or actions.
    2. Refer notices soliciting input and comments, such as scoping notices, to the appropriate County advisory committee(s) for prompt consideration and action. The County will, within the response time specified in the seeping notice, provide either written comments on the proposal or inform the Forest Service in writing of one of the following:
      1. The County has no concerns about or issues with the proposal and does not intend to comment further. The County may request to review a pre-decisional NEPA document regardless of whether or not it expressed concern or otherwise commented. This request must be made in writing.
      2. If the County needs additional information, it may request a meeting with the Forest Service. This may be a public meeting that will be conducted in accordance with State and local law. Issues, alternatives and/or mitigation measures may be presented to the Forest Service by the County at the time.
    3. In response to a scoping notice, make a good faith effort to raise any and all concerns it deems important in as specific a manner as possible. The County shall describe applicable County laws, plans and policies that may apply to the proposal or affect the decision.
    4. The Forest Service or the County may request a meeting to clarify individual project goals and objectives or pertinent issues. The County will, to the maximum extent possible, organize and conduct such meetings with a focus on specific issues or projects. Both agencies may request persons with special expertise to attend such meetings to present and discuss information.
  2. Development and Evaluation of Altematives and Mitigation
    Provide the Forest Service with timely information and data and as warranted, an analysis of the potential impact of alternatives on and their relationship to County plans and policies. The County shall promptly inform the Forest Service if it is unable to provide the information requested.

  3. Notification and Comment
    1. Provide timely written notice of proposed County ordinances, policies, and procedures that may affect Forest Service programs on NFS lands. At a minimum, the County will mail or fax the agenda of relevant County meetings to the Santa Catalina. Sierra Vista, and Nogales District Rangers and the Forest Supervisor. The County shall also provide early notice, either by telephone or in writing, of any such activities for possible Forest Service input or involvement.
    2. Provide copies of any County ordinances, policies, or procedures, or activities that are relevant to Forest management to the District Rangers and the Forest Supervisor at the time they are approved by the Board.

F. lT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT

  1. FREEDOM OF INFORMATION ACT (FOIA). Information furnished to the Forest Service under this instrument is subject to public release, except for information protected by specific exemptions identified in the Freedom of Information Act (5 U.S.C.552).
  2. PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts the Forest Service or the County from participating in similar activities with other public or private agencies, organizations, and individuals.
  3. COMMENCEMENT/EXPIRATION/TERMINATION. This MOU shall be effective upon the signature of the Forest Supervisor and the Chairman, Pima County Board of Supervisors. and shall remain in effect for a period of five (5) years from the date of execution. This MOU may be extended or amended upon written request of either the Forest Service or the County and the subsequent written concurrence of the other. Either party may terminate this MOU following the delivery of a 60-day written notice to the other.
  4. RESPONSIBILITIES OF PARTIES. The Forest Service and the County and their respective agencies and offices will oversee the activities set forth herein as individual roles and responsibilities and will utilize their own resources, including the expenditure of funds, in pursuing these objectives. Each party will carry out its separate activities in a coordinated and mutually beneficial manner.
  5. PRINCIPAL CONTACTS. The principal contacts for this instrument are:

    6. Forest Service Contact County Contact
       
    Forest Supervisor     Chairman
    Coronado National Forest    Pima County Board of Supervisors
    300 W. Congress Street  130 W. Congress Street, 11th Floor
    Tucson AZ 85701  Tucson, AZ 85701 - 1317
    Phone: 520-388-8300  Phone: 520-740-8126
    FAX: 520-388-8305  FAX: 520-884-1152
    E-Mail: jderbv@fs.fcd.us  E-Mail: Richard.Elias@co.pima.AZ.US
       
    Forest Service Administrative Contact   County Administrative Contact
       
    Grants and Agreements Specialist  Clerk of the Board
    Coronado National Forest  Pima County
    300 W. Congress Street  130 W. Congress, 5th Floor
    Tucson AZ 85701   Tucson, AZ 85701
    Phone: 520-388-8325  Phone: 520-740-8449
    FAX: 520-388-8331   FAX: 520-622-0448
    E-Mail: nnorris@fs.fed.us   E-Mail: Lori.Godoshian@co.pima.AZ.US
  6. NON_FUND OBLIGATING DOCUMENT.   Nothing in this MOU shall obligate either the Forest Service or Pima County to obligate or transfer any funds.  Specific work projects or activities that involve the transfer of funds, services, or property among the various agencies and offices of the Forest Service and Pima County will require executions of separate agreements and be contingent upon the availablity of appropriated funds.  Such activities must be independently authorized by appropriate statutory authority.  This MOU does not provide such authority.  Negotiation, execution, and administration of each such agreement must comply with all applicable statutes and regulations.
  7. ESTABLISHMENT OF RESPONSIBILITY.   This MOU is not intended to, and does not create, any right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity, by a party against the United States, its agencies, its officers, or any person.
  8. AUTHORIZED REPRESENTATIVES.  By signature below, the cooperator certifies that individuals listed in this document as representatives of the cooperator are authorized to act in their respective areas for matters related to this agreement.

THE PARTIES HERETO have executed this instrument.

PIMA COUNTY   USDA FOREST SERVICE  
Arizona State Mine Inspector CORONADO NATIONAL FOREST  
       
09/09/09
09/18/09
RICHARD ELIAS DATE JEANINE A. DERBY   DATE
CHAIRMAN OF THE BOARD OF SUPERVISORS FOREST SUPERVISOR  
     
       
ATTEST: The authority and format of this instrument has been reviewed and approved for signature.
 

 

 09/17/09
Clerk of the Board of Supervisors   NORENE NORRIS DATE
    FS Agreements Coordinator  
     
Deputy County Attorney      

 


 

Attachment 5

References

Note: Full text of the below references are available at the cited source. This attachment contains only selected applicable excerpts from the primary references.


MOU Section F, Item 3
(Source: http://www.azleg.state.az.us)


A.R.S. 11-201(A)(3). POWERS OF COUNTY
A. The powers of a county shall be exercised only by the board of supervisors or by agents and officers acting under its authority and authority of law. It has the power to:

3. Make such contracts and purchase and hold such personal property as may be necessary to the exercise of its powers.

MOU Attachment 1
(Source: http://ceq.hss.doe.gov/Nepa/regs/ceq/1508.htm# 1508.14)

40 CFR 1508.14. HUMAN ENVIRONMENT
"Human environment" shall be interpreted comprehensively to include the natural and physical environment and the relationship of people with that environment....


MOU Attachment 3
(Source: http:/Iwww.azleg.state.az.us)

A.R.S. 11-251(17) POWERS OF BOARD
The board of supervisors, under such limitations and restrictions as are prescribed by law, may:

17. Adopt provisions necessary to preserve the health of the county, and provide for the expenses thereof.


A.R.S. 611-802. COUNTY PLANNING AND ZONING
The board of supervisors of a county, in order to conserve and promote the public health, safety, convenience and general welfare, and in accordance with the provisions of this chapter, shall plan and provide for the future growth and improvement of its area of jurisdiction, and coordinate all public improvements in accordance therewith, form a planning and zoning commission to consult with and advise it regarding matters of planning, zoning, and subdivision platting and in the manner provided in this chapter, adopt and enforce such rules, regulations, ordinances and plans as may apply to the development of its area of jurisdiction.


A.R.S. 49-402. STATE AND COUNTY CONTROL

  1. The department shall have original jurisdiction over such sources, permits and violations that pertain to:
    1. Major sources in any county that has not received approval from the administrator for new source review under the clean air act and prevention of significant deterioration under the clean air act.
    2. Smelting of metal ore.
    3. Petroleum refineries.
    4. Coal fired electrical generating stations.
    5. Air pollution by portable sources.
    6. Air pollution by mobile sources for the purpose of regulating those sources as prescribed by article 5 of this chapter and consistent with the clean air act.
  2. Except as specified in subsection A of this section, the review, issuance, administration and enforcement of permits issued pursuant to this chapter shall be by the county or multi-county air quality control region pursuant to the provisions of article 3 of this chapter...........................................................................................
  3. Portable sources under jurisdiction of the department under subsection A, paragraph 6 of this section may be required to file notice with the director and the control officer who has jurisdiction over the geographic area that includes the new location before beginning operations at that new location.
  4. Notwithstanding any other law, a permit issued to a state regulated source shall include the emission standard or standard of performance adopted pursuant to section 49-479, if such standards are more stringent than those adopted by the director and if such standards are specifically identified as applicable to the permitted source or a component of the permitted source   

A.R.S. 649-471 THROUGH 516
49-471.10. INVALIDITY OF RULES OR ORDINANCES: PROHIBITED AGENCY ACTION
     D. A board of supervisors may adopt a rule or ordinance under a general grant of authority if it does not conflict with a more specific grant of authority.

49-472. DEPARTMENT STUDIES
Upon the request of any county by its board of supervisors, the department shall conduct such studies as are requested, and at the expense of such county, but limited to the county making the request. Such studies shall be made to determine the nature, extent, distribution and sources of air pollution within such county and the possible methods of control and abatement of such pollution within the county making the request............

49-473. BOARD OF SUPERVISORS


A. The board of supervisors of a county, in order to conserve and promote the public health, safety, and general welfare, shall within its territorial limits, or any portion thereof, investigate the degree to which the atmosphere of the county is contaminated by air pollution and the causes, sources, and extent of such air pollution or, if the state is developing a study in the county pursuant to section 49-424, cooperate with and assist the state in such a study.

49-479. RULES: HEARING

  1. The board of supervisors shall adopt such rules as it determines are necessary and feasible to control the release into the atmosphere of air contaminants originating within the territorial limits of the county or multi-county air quality control region in order to control air pollution, which rules, except as provided in subsection C shall contain standards at least equal to or more restrictive than those adopted by the director. In fixing such standards, the board or region shall give consideration but shall not be limited to:
    1. The latest scientific knowledge useful in indicating the kind and extent of all identifiable effects on health and welfare which may be expected from the presence of an air pollution agent, or combination of agents in the ambient air, in varying quantities.
    2. Atmosphere conditions and the types of air pollution agent or agents which, when present in the atmosphere, may interact with another agent or agents to produce an adverse effect on public health and welfare.
    3. Securing, to the greatest degree practicable, the enjoyment of the natural attractions of the state and the comfort and convenience of the inhabitants.
  2. A county may adopt or amend a rule, emission standard, or standard of performance that is as stringent or more stringent than a rule, emission standard or standard of performance for similar sources adopted by the director only if the county complies with the applicable provisions of section 49-112.


A.R.S. 48-3606. ASSISTANCE FOR TOPOGRAPHIC MAPPING
If sufficient monies have been appropriated, state monies or assistance allowed by this chapter may be provided to a district to aid in preparing topographic maps or to gather other elevation or channel cross-sectional data necessary, as determined by the director, for making hydraulic and hydrologic computations for determining floodplain and floodway limits.