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Noxious Weeds Memorandum of Understanding

between

CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE
CALIFORNIA AGRICULTURAL COMMISSIONERS AND SEALERS ASSOCIATION
CALIFORNIA RESOURCES AGENCY
U.S. DEPARTMENT OF AGRICULTURE, ANIMAL PLANT HEALTH INSPECTION SERVICE
U.S. DEPARTMENT OF AGRICULTURE, FOREST SERVICE
U.S. DEPARTMENT OF DEFENSE, AIR FORCE
DEPARTMENT OF THE ARMY, U.S. CORPS OF ENGINEERS, SOUTH PACIFIC DIVISION
U.S. DEPARTMENT OF INTERIOR, FISH AND WILDLIFE SERVICE
U. S. DEPARTMENT OF INTERIOR, BUREAU OF INDIAN AFFAIRS
U.S. DEPARTMENT OF INTERIOR, BUREAU OF LAND MANAGEMENT
U.S. DEPARTMENT OF INTERIOR, BUREAU OF RECLAMATION
NATIONAL PARK SERVICE, PACIFIC FIELD AREA
NATURAL RESOURCES CONSERVATION SERVICE
USDA, AGRICULTURAL RESEARCH SERVICE
CALIFORNIA DEPARTMENT OF TRANSPORTATION

AUTHORITY

The Federal agencies are entering into this Memorandum of Understanding pursuant to the Federal Noxious Weed Act of 1974 (P.L. 93-629) (7 U.S. C. 2801 et seq.) as amended by the Food, Agriculture, Conservation and Trade Act of 1990; Section 1453 ("Section 15, Management of Undesirable Plants on Federal Lands"); and the Carson-Foley Act (Public Law 90-583). The California agencies are entering into this Memorandum of Understanding pursuant to the California Food and Agriculture Code, Section 403 and Title 3, California Code of Regulations, Section 4500.


PURPOSE

The purpose of this Memorandum of Understanding is to coordinate the management of undesirable plants on Federal and State Lands. Additional agreements between agencies or groups for this purpose may be developed to outline activities by and between individual work units as needed for specific tasks. Such agreements will provide for the use of facilities, personnel, reimbursements for personnel expenses, cooperative projects, transfer of funds, and other activities as appropriate and be subject to the laws and regulations pertaining to the respective agencies. Priority will be placed on the eradication, control or containment of "A" rated weed species and localized infestations of "B" and "C" rated weed species according to California Administrative Code 4500 and as defined in attachment, other undesirable plant species will be addressed on a case by case basis. A common goal for all parties is to minimize the populations of undesirable and noxious plants and to enhance the overall natural bio-diversity of ecosystems in concert with the Memorandum of Understanding titled "The Agreement on Biological Diversity" of September 19, 1991.

INTENT

This Memorandum of Understanding is to further the intent of the Federal Noxious Weed Act of 1974, as amended and the parties agree to regulatory or other requirements where doing so would further this intent.

OBJECTIVES

  1.  
  2. Coordinate the management of undesirable plants on federal lands, state and private lands where such lands are associated together with manageable infestations or threats of infestations of undesirable plant species.
  3. Promote and implement an integrated management system with consideration of using all available methods for the prevention, eradication, control and containment of undesirable plants.
  4. Exchange information and awareness among the parties to the Memorandum of Understanding regarding locations of infestations, management techniques, and strategies for managing undesirable plants.
  5. Identify opportunities between agencies for the further development of joint or cooperative management projects for specific locations needing undesirable plant management.

ROLES OF THE PARTIES

CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE

  1. Provide a current list of "Pest Ratings of Noxious Weed Species and Noxious Weed Seed" from the California Department of Food and Agriculture to all signing agencies.
  2. Recommend the proper treatment method for "A" rated weeds, in coordination with the County Agriculture Commissioner and the affected agency.
  3. Call together the annual meeting for all signing agencies to the Memorandum of Understanding.
  4. Provide technical assistance to agencies requesting control methods available for undesirable plant management.
  5. Identify biological control organisms that could be introduced or that have become established and could be disseminated to other locations.
  6. Send out annual reports concerning eradication activities and acreage to all signing agencies.

CALIFORNIA AGRICULTURAL COMMISSIONERS

  1. Monitor herbicide use and applications for compliance with state and federal regulations.
  2. Contact local private property owners as necessary for survey or treatment of noxious weeds.
  3. Conduct or assist in surveys and treatments of noxious weeds, when labor and funding are available.

CALIFORNIA RESOURCES AGENCY

  1. Inventory and control undesirable or noxious plant species on lands managed by the departments under the Resources Agency, including the California Department of Forestry and Fire Protection, California Department of Parks and Recreation, and California Department of Fish and Game. All actions will be undertaken only within the limits of existing funds and authority of these departments.
  2. Encourage means for providing shared funding for undesirable or noxious plant management through individual cooperative agreements between the respective department and the California Department of Food and Agriculture.
  3. Consult and cooperate with other agencies as appropriate in the development of necessary environmental documents and the resulting decisions.

FEDERAL AGENCIES

  1. Inventory and control undesirable or noxious plant species on lands within the jurisdiction of that respective agency, in coordination with the California Department of Food and Agriculture, California Agriculture Commissioners, and other agencies and land owners as appropriate.
  2. Encourage means for providing shared funding for undesirable or noxious plant management through individual cooperative agreements between the respective agency and the California Department of Food and Agriculture and/or the California Agriculture Commissioners. All actions by the federal agencies are subject to the availability of funding.
  3. Consult and cooperate with other agencies as appropriate in the development of necessary environmental documents and the resulting decisions concerning management of undesirable or noxious plants.

THE UNDERSIGNED PARTIES MUTUALLY AGREETO:

  1. Designate an individual from each agency to coordinate undesirable plant management with other agencies. Each agency should appoint a designated individual within 30 days of signing this memorandum and identify any replacement thereafter.
  2. Create a working group among the groups represented in this Memorandum of Understanding to share information on undesirable plant species and various methods of prevention and control. This group will meet at least annually.
  3. Cooperate with each other in the eradication or containment of state rated "A" noxious weeds and "B" and "C" rated noxious weed species where feasible opportunities exist. The California Department of Food and Agriculture may be limited by statute and/or funding to participate in the management of undesirable plant species not identified on the above lists.
  4. Promote and implement an integrated pest management approach to undesirable plants using all available methods, including, but not limited to:
    • education
    • preventative measures
    • physical or mechanical methods
    • biological agent
    • herbicide methods
    • cultural methods
    • general land management practices e.g., manipulation of grazing, reseeding with native species, etc.
  5. Identify further opportunities among the appropriate agencies for the development of site specific management projects to be implemented at the local level within the agencies jurisdictional and financial capabilities for the management of undesirable plants.
  6. Allow for the development of cooperative agreements between cooperating agencies for the management of undesirable plants on a local basis.

SOVEREIGN IMMUNITY

Each party specifically reserves any claim it may have to sovereign immunity as a defense to any action arising in conjunction with this Memorandum of Understanding.

MEMORANDUMOF UNDERSTANDING

This agreement may be amended by written mutual agreement of all parties. This agreement shall be effective upon signing by the respective party, which should continue unless terminated by all signed parties. Any signatory may withdraw from this agreement at any time by providing a 90 day notice to all other signatories. This agreement shall be reviewed together by all participating parties annually for clarity or for modification.