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| California Coastal National Monument | ||||
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MEMORANDUM OF UNDERSTANDING (MOU) Management of the California Coastal National Monument Whereas, all unappropriated or unreserved lands and interest in lands owned or controlled by the United States in the form of islands, rocks, exposed reefs, and pinnacles above mean high tide within 12 nautical miles of the shoreline of the State of California were designated as the California Coastal National Monument (Monument) by Presidential Proclamation on January 11, 2000; Whereas, the Monument was nationally recognized in the Proclamation as a biological and geological treasure, rich in biodiversity, and providing essential habitat for many species of scientific interest; Whereas, Monument designation mandates the protection of historic and scientific objects, particularly wildlife species which normally inhabit the Monument area, and the designation limits management discretion that the Federal managers otherwise have; Whereas, the Secretary of Interior manages the monument through the Bureau of Land Management (Bureau) and under the Bureau?s existing authorities, subject to the overriding purpose of protecting the objects described in the Presidential Proclamation of January 11, 2000; Whereas, the Secretary of Resources for the Resource Agency of California has responsibility for all nonstatutory marine and coastal resources management programs for the State of California pursuant to the 1991 amendments of the California Ocean Resources Management Act. Whereas, the California Department of Fish and Game (CDFG) recognizes the crucial wildlife values of the lands within the Monument; Whereas, the Bureau has always retained legal responsibility for the Monument area but the CDFG has been handling day-to-day management since 1983 under a mutually signed MOU called ?Management of the California Islands Wildlife Sanctuary? (see Attachment A); Whereas, the California Department of Parks and Recreation (CDPR) manages 25 percent of the coastline of California, including lands and waters adjacent to the Monument, and is a public trust agency with responsibilities for protecting the natural and historic values; Whereas, the Bureau, the Secretary of Resources, CDFG, and CDPR are interested in management of the Monument as partners for the benefit of its natural and historic resources and are so authorized by appropriate federal or state legislation; and Whereas, the Bureau, Secretary of Resources, CDFG, and CDPR recognize that the cooperation of other federal, state, local, and private entities which manage resources along the California coast are essential to ensure the protection of objects recognized in the Presidential Proclamation of January 11, 2000: 1. Bureau Authority. A. Intergovernmental Cooperation Act (PL 91-648). B. National Environmental Policy Act (PL 91-198). C. Federal Land Policy and Management Act (PL 94-579). 2. State of California Authority. A. California Fish and Game Code , Article 4, Section 1580, Ecological Reserves. B. Title 14, California Code of Regulations, Chapter 11, Section 630, Ecological Reserves. C. California Public Resources Code, Chapter 1, Section 5003 D. Public Resources Code 36000 et seq. Now Therefore, The Bureau, the Resources Agency, CDFG and CDPR Mutually Agree: 1. To collaborate in the management of the Monument by carrying over to this MOU the provisions of the Memorandum of Understanding signed in 1983 ?Management of the California Islands Wildlife Sanctuary? but subject to: A. the conditions in the Presidential Proclamation for designation of the California Coastal National Monument, B. the recognition that BLM retains the ultimate legal responsibility for the area, and C. any additional agreements stated below. 2. To only authorize uses of the Monument within the constraints of the Proclamation and this agreement. 3. To authorize appropriate uses within the Monument only following consultation between the parties, 4. To work as partners in preserving the objects of historic and scientific interest outlined in the Presidential Proclamation of January 11, 2000. 5. To work as partners in mapping and understanding resources within the Monument as well as working with the public to explain the values of the Monument; 6. That this MOU and Memorandum of Understanding signed in 1983 (Attachment A) be considered an Interim MOU until the Bureau, Secretary of Resources, CDFG, and CDPR develop a new MOU which they mutually agree would accommodate additional interested coastal partners and/or has revised or alternative provisions that benefit the purposes for which the Monument was designated. 7. That it is expressly stipulated and agreed by all parties that each and every provision in this MOU is subject to the laws of the State of California, the laws of the United States, and to the delegated authority assigned in each instance. 8. That nothing in this agreement shall be construed as obligating the parties hereto to expend funds, or for the future payment of money, in excess of appropriations authorized by law. 9. To accomplish all cooperative work under the provisions of this memorandum or supplemental memorandum of understanding or cooperative agreements without discrimination against any employee, or applicant for employment, because of race, creed, color, or national origin. 10. That this MOU shall become effective when signed by the designated representatives of the parties hereto and shall remain in force until terminated by mutual agreement, or by any party upon thirty days notice in writing to the other of its intention to terminate upon a date indicated.
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