Forest Service Agreement No. NFS 02-MU-11060000-220

This Memorandum of Understanding (MU) is entered into by and between the U.S. Agencies listed above, under the authority of the Economy Act of June 30, 1932, Section 601, as amended (31 U.S.C. 1535), Section 330 of the 2000 Interior Appropriations Act, PL 106-291, and 48 CFR 17.503.

This MU is for the purpose of improving the effectiveness and efficiency of fund transfers between agencies as they implement the Northwest Forest Plan, as well as the objectives of Service First. Established in 1996, the Service First initiative is intended to cut through the "bureaucratic red tape" and provide efficient, results-orientated services.

This MU does not in anyway change or relieve the Agencies of the planning, implementation, monitoring, and quality assurance of the resource management activities being implemented. Nor does this MU provide the Agencies with the authority to award each other projects and/or obligate funds without the full consent of the responsible designated official.

The agencies agree, to the extent feasible under legal, fiscal, and other limitations governing each agency, to streamline process and procedures under the plan. One procedure that can be streamlined is that of fund transfer between agencies. Most Regional Interagency Executive Committee (RIEC) agencies provide both direct and indirect support for the Regional Ecosystem Office (REO), some in the form of direct funding, others in the form of staff work and technical expertise. The REO provides staff support to the RIEC and the Intergovernmental Advisory Committee. The objective of this MU is to eliminate surcharges incurred for routine fund transfers between agencies as they implement the Northwest Forest Plan particularly as they relate to fund transfers to pay for routine administrative support such as salary for shared staff, meeting logistics, shared staff support (space, supplies, maintenance, etc.) Activities outside of the routine administrative support, may require additional cost/benefit analysis.

Funding and services to support the REO will utilize a separate Interagency Agreement, or mutually agreeable procurement document, to transfer funding and outline the specific roles , responsibilities, expectations, and deliverables. Each document will be supported by a Determination and Findings as required by the Federal Acquisition Regulations, subpart 17.5.

1. Any procurement document utilized by each of the Cooperating Agencies will reference this MU. Individual procurement actions/task orders will utilize local office procurement numbers and follow local billing procedures.

2. Based on an analysis of funding over the past several Fiscal Years of closely off-setting projects, the Agencies mutually agree to waive overhead charges on all actions accomplished under this agreement. This waver will be effective thru FY 07 at which time it will be re-analyzed before it is continued.

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

1. FREEDOM OF INFORMATION ACT (FOIA). Any information furnished to the Forest Service under this agreement is subject to the Freedom of Information Act (5 U.S.C. 552).

2. MODIFICATION. Modifications within the scope of the agreement shall be made by mutual consent of the parties, by the issuance of a written modification, signed and dated by all parties, prior to any changes being performed.

3. PARTICIPATION IN SIMILAR ACTIVITIES. This agreement in no way restricts any of the Agencies from participating in similar activities with other public or private agencies, organizations, and individuals.

4. COMMENCEMENT/EXPIRATION DATE. This agreement is executed as of the date of last signature and is effective through September 30, 2007, at which time it will expire unless extended.

5. TERMINATION. Any of the parties, in writing, may terminate the agreement in whole, or in part, at any time before the date of expiration.