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HomeMy WebLinkAbout1996 MOU w/ USFSMEMORANDUM OF UNDERSTANDING USDA FOREST SERVICE, REGION 6 ROGUE RIVER NATIONAL FOREST ASHLAND RANGER DISTRICT and the CITY OF ASHLAND, OREGON This Memorandum of Understanding is made by and between the City of Ashland, hereinafter called the City, by and through its Mayor, and the United States Department of Agriculture, Forest Service, acting by and through the Forest Supervisor, Rogue River National Forest, hereinafter called Forest Service, WITNESSETH THAT: WHEREAS, as specified in the Clean Water Act of 1995, 'In order to meet the rapidly expanding demands for water throughout the Nation, it is hereby declared to be the policy of Congress to encourage conservation...and utilization of water and related land resources of the United States on e...coordinated basis by the Federal Government, States, localities, and private enterprise with the cooperation of all affected Federal agencies, States, local governments..."; and, WHEREAS, the parties hereto did in 1929 enter into a Cooperative Agreement, entitled 'Cooperative Agree- ment For The Purpose Of Conserving and Protecting The Water Supply Of The City O1 Ashland, Oregon of 1929'; and WHEREAS, the parties hereto did in September of 1979 agree upon except as qualified the 'Interim Water- shed Plan' and subsequently the 'Rogue River National Forest Plan of 1989' and the updated 'Northwest Forest Plan of 1995'; and, WHEREAS, the parties hereto are in consensus that both the above referenced Cooperative Agreement and The Rogue River National Forest Plan and the Northwest Forest Plan of 1995, although still in effect, now require further clarification and updating to address issues and circumstances which have changed since they were entered into; and, WHEREAS, The City: Has the responsibility for providing its citizens with a water supply; and, Has historically used the water from Ashland Creek; and, Has helped develop a short-term plan and currently guided by the interim Watershed Plan for the analysis and implementation of stated objectives to meet the on-going responsibilities of general stewardship of the land. The interim Plan was replaced by the Rogue River National Forest Plan of 1989 as updated by the Northwest Forest Plan of 1995. The objectives of the Rogue River National Forest Plan and the Northwest Forest Plan address Late Sucessional Reserve objectives, water quality, erosion control, fire prevention and supppression, maintain- ance of a healthy and vigorous cover of vegetation - particularly in the event of severe fire, insect or disease occurrence to vegetation creating extreme fire danger; and, Has developed and adopted a Forest Management Plan, and the Hamilton Creek Coordinated Resource Management Plan; and, Has agreed as specified in the above referenced Cooperative Agreement, '...should the City of Ashland desire any special protection measures not provided by the regular Forest Service administration, they may be obtained by the appointment of additional employees to be appoint- ed by and to be directly responsible to the Forest Supervisor...'; and, Has provided during the 1982, 1983 and 1984 fire season routine patrols of City fire personnel through the Ashland Watershed for the purpose of fire prevention; and, Has provided annually since fire season 1985 volunteer City personnel who patrol within the Ashland Watershed for the purpose of fire prevention and detection; and, WHEREAS, The Forest Service: 2. 3, 4. 5, 10. 11. Has the responsibility for managing the watershed from which Ashland Creek originates and drains; and, Has delegated to the Ashland District Ranger authority and responsibility to administer, the Ashland Watershed; and, Has agreed with the City to manage the watershed in such a way as to conserve and protect the City's water supply; and, Is required by Law and Policy to manage National Forest lands consistent with protection of the basic resource, soil, and maintenance of State and Federal water quality standards; and, Has developed the Rogue River National Forest Plan and the Northwest Forest Plan which address pre-suppression, suppression, fire prevention and fuel management actions necessary to prevent a catastrophic wildfire occurrence in the Ashland Watershed; and, Has developed and implemented four closures under the authority of the Code of Federal Regulations within the geographic location and for the protection of the Ashland Watershed which stipulate 'No Overnight Camping'; No Off Road Vehicles'; 'No Open Fires' and 'Roads Closed"; and, Will close the Ashland Watershed to the public under the authority of the Code of Federal Regulations applicable to National Forests during periods of extreme fire danger; and, Does recognize extreme fire danger by the moisture content of live vegetation and dead vegetation during summer months in combination with the Palmer Drought Index; and, Is required to provide public notice and posting of signs bringing to the public's attention closures that are in effect in the Ashland Watershed so that the public has a reasonable opportunity to be aware of closure area and requirements; and, Has the responsibility for news releases that affect National Forest land, including the Ashland Watershed; and, Has established at the City's expense ga~es on road 2060 at T.39S., R.1E, Sec. 21 NENE, the Ashland Loop Road at the Rogue River National Forest boundary and road 2060200 at T.40S., R.1E., Sec. 15 NENE north of Bull Gap, to be used to close the Ashland Watershed dudng extreme fire danger when approved by the Forest Supervisor; and, NOW, THEREFORE, It is hereby agreed by and between the parties hereto as follows: The Forest Service shall: Establish vegetative fuel moisture plots within or adjacent to the Ashland Watershed to assess fire danger in order to determine when to close the Ashland Watershed; and, Establish Palmer Drought Indices as a criterion to predict in late spring or early summer the likelihood of serious fire danger conditions due to drought of significant duration of time during the late portion of summer; and, Use the 1000 hour timelag fuel moisture (>3' dia. to 6' dia. dead and down fuel) as a criterion for watershed closure for extreme fire danger; and, Upon determination of a Palmer Drought index of -2.00 or less during the month of May prepare for a closure of the Watershed because of impending extreme fire danger. If during the month of June, July and August the Palmer Drought Index is -3.00 or less and the 1000 hour timelag fuel moisture is <15% and shrub foliage moisture content <100% watershed closure for restriction of public access should be implemented; and, 2 5. Have an Ashland Watershed closure proclamation prepared for signature by the Forest Supervi- sor for timely implementation when the Palmer Drought Index, 1000 hour fuel moisture and vegetative fuel moisture indicates extreme fire danger. Prepare for public notification through the news media and signing of the proclaimed closure; and, 6. Annually provide fire prevention fiterature and handouts, procedures and training as required by Forest Service management for fire prevention contacts with the public by employees and volunteers of the City; and, 7. Annually provide training and information to employees and volunteers of the City concerning closures pertaining to the Ashland Watershed and procedures, authorities and responsibilities for enforcement of closures; and, 8. Notify the City when the closure for Ashland Watershed for extreme fire danger is rescinded due to a change in weather and/or vegetation conditions, which are usually brought about by precipitation of significant amounts usually >,5' within a short period of time; and, 9. Place a Forest Service lock on the gate constructed at T.3DS, RIE, Sec. 16 SWNE on Road 2060 above Morton Street; and, 10. Annually review, evaluate and discuss with the City, the Ashland Watershed as it relates to fire danger, fire prevention, closures and coordination between the City and Forest Service; and, 11. Not withstanding any of the above, base the closure of the watershed on fire danger taking into account other administrative considerations such as; reduced availability of fireflghting forces due to other fires in or out of our area, or a high incidence of arson or other human caused fires in the area; and, 12. Include the City in the planning level and project level, where appropriate, of projects in the Ashland Watershed; and, 13. Make available on a contractual basis resource specialists to aid the City on projects influencing the Ashland Watershed. The City Shall: Designate the City Administrator as the City's representative for coordination in this Memoran- dum of Understanding; and, Notify the Forest Service before the City close the gates on private land outside the National Forest Boundary that would affect access onto National Forest; and, Make time available dudng the month of April or May for their employees and volunteers in positions of fire prevention patrol to receive training by the Forest Service. Such training will entail fire prevention procedures and specifics of the closures that are in effect with the Ashland Watershed; and, Maintain a tog by their employees or volunteers on a daily basis while on fire prevention patrol within the Ashland Watershed. The log will record such things as vandalism, illegal activities in violation of closures, numbers of people and type of public use within the Ashland Watershed and other pertinent information; and, Through the designated City representative participate in and input into the resource manage- ment process for planning, management review and evaluation any resource activity within the Ashland Watershed. Take the lead with the Ashland Parks and Recreation Commission to coordinate resource management issues influencing the Ashland Watershed. The City and Forest Service shall mutually: Make staff available to take advantage of opportunities to achieve mutual objectives on proiects such as fuelbreak construction and prescribed fires; and, Acknowledge Reeder Reservoir and streams in the Ashland Watershed will be used in fire suppression for helicopter bucket refill and engine/water refill during initial and extended attack; and, During drought years where water supply is limited, consult on use of Ashland Watershed water sources for prolonged project fire suppression efforts. The Ashland Distdct Ranger will coordi- nate with the City and the Incident Commander. CITY OF ASHLAND, OREGON Cathy Gd~den, Mayor USDA FOREST SERVICE ~ J~-m (~laden, Fore~ Sup~rvis~ ~ Rogue River National Forest Page 4 United States Department of A~riculture Forest Service Rogue River National Forest Ashland Ranger District 645 Washington St. Ashland, OR 97520-1407 Reply to: MOU Date: May 16, 1996 Mayor Cathy Golden City of Ashland 20 East Main St. Ashland, Oregon Enclosed you will find ~wo copies of the Memorandum of Understanding between the City of Ashland and the Ashland Ranger District. Please sign and return one of the MOU's attached. The fire protection budget for the Rogue River National forest has been reduced this year, resulting in a reduction of initial attack firefighting forces. The Ashland Ranger District staffed two engines and a fire prevention unit in 1995. This fire season there will be only one 500 gallon engine staffed 7 days a week. Contact Bill Rose for further information. Linda Duffy District Ranger cc:Brian Almquist Kieth Woodley Pam Barlow Gary Brown Ken Mickelsen