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Home My WebLink AboutR-2011-108 Cowiche Mill Post-fire Emergency Stabilization and Rehabilitation Plan Implementation RESOLUTION NO. 2011 -108 A RESOLUTION authorizing the City Manager to execute a Memorandum of Understanding (MOU) with the United States Department of the Interior, Bureau of Land Management, Oregon/Washington, Spokane District (BLM) to allow implementation of the Cowiche Mill Post -Fire Emergency Stabilization and Rehabilitation Plan (ESR Plan) on City -owned parcels (171310 -43003 and 171310 - 34001) that were purchased for the William O. Douglas Trail. This resolution will also authorize the City Manager to execute other contracts and agreements required for maintenance and other needs on these properties. WHEREAS, the City of Yakima has recently purchased the parcels numbered 171310- 73003 and 171310 -34001 as part of the William O. Douglas Trail Project; and, WHEREAS, these parcels are adjacent to properties owned by the BLM that were burned in the 2010 Cowiche Mill Fire; and WHEREAS, BLM has developed the Cowiche Mill Post -Fire Emergency Stabilization and Rehabilitation Plan (ESR Plan); and, WHEREAS, this MOU will serve as a Watershed Restoration and Enhancement Agreement that will allow the BLM to implement the Cowiche Mill Fire ESR Plan on these two parcels; and, WHEREAS, other contracts or agreements could be required for maintenance and other needs on these properties; and, WHEREAS, the City Council deems it to be in the best interests of the City to enter into this Memorandum of Understanding with BLM to protect these properties from fire; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute a Memorandum of Understanding (MOU) with the United States Department of the Interior, Bureau of Land Management, Oregon/Washington, Spokane District (BLM) to allow implementation of the Cowiche Mill Post - Fire Emergency Stabilization and Rehabilitation Plan (ESR Plan) on City -owned parcels (171310 -43003 and 171310 - 34001) that were purchased for the William O. Douglas Trail. The City Manager is also authorized to execute other contracts and agreements required for maintenance and other needs on these properties. ADOPTED BY THE, CITY COUNCIL this 5 day of July, 2011. /42/ Micah awl y, Mayor ATTEST: i City Clerk 90 2a // "f Agreement Number BLM- ORW000 -1109 Subject Function Codes: 1786, 1742 (I) City of Yakima Parcels Nos. 171310 -43003 and 171310 -34001 MEMORANDUM OF UNDERSTANDING BETWEEN: UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT, OREGON/WASHINGTON, SPOKANE DISTRICT AND CITY OF YAKIMA CONCERNING: POST -FIRE EMERGENCY STABILIZATION AND REHABILITATION FOR WATERSHED ENHANCEMENT AND RESTORATION (City of Yakima Adjoining Parcels — Yakima County Assessor's Parcels Numbers 171310- 43003 and 171310 - 34001) This Memorandum of Understanding (MOU) is between the Spokane District, Oregon/Washington Bureau of Land Management, hereafter referred to as BLM, and the City of Yakima. This MOU is intended to serve as a Watershed Restoration and Enhancement Agreement between these parties to allow implementation of the Cowiche Mill Post -Fire Emergency Stabilization and Rehabilitation Plan (ESR Plan) for the benefit of public lands and natural resources. In 2010, the Cowiche Mill Fire burned approximately 5,834 acres managed by the BLM, Washington Department of Fish and Wildlife (WDFW), Washington Department of Natural Resources (WDNR), the Cowiche Canyon Conservancy (CCC), and many private owners. The burned area is adjacent to residential and agricultural lands on the outskirts of the City of Yakima and is an important area to local residents because of its cultural and natural values. The CCC has been actively acquiring property and conservation easements throughout the burned area for the purposes of habitat preservation and conservation. The CCC currently owns 1,790 acres within the burned area for which it developed a restoration plan in 2006. In addition to providing habitat for a variety of sage -brush obligate and riparian species, the burned area is located in WDFW's Rattlesnake Hills Greater Sage- Grouse Management Area, which has been identified as a priority management area crucial to the recovery of the Columbia Basin Distinct Population Segment of greater sage - grouse, listed as a Federal Candidate and 1 Threatened by the State of Washington.. Radio - collared grouse have been documented by WDFW using the area as a travel corridor between larger areas of habitat. In addition, WDFW's Oak Creek Wildlife Area provides important winter habitat for a local elk herd. The burned area also supports a rare plant species, Tauschia hooveri, which is listed as Threatened by the State of Washington. The BLM acquired lands in this area with the objective of protecting Tauschia hooveri populations and providing recreational access via the William O'Douglas Trail that runs from the City of Yakima across BLM land on Cowiche Mountain and continues west into the Cascade Mountains. Fire severity was high in many of the draws and other areas that supported shrub and tree species. The roots of most of these species were burned and re- sprouting is unlikely in many areas. Shrub and tree species provide important habitat for many sensitive and priority species such as the greater sage - grouse. The BLM's National Sage- Grouse Strategy (2004) directs BLM within the State of Washington to defer to WDFW's recovery plan for management recommendations to assist in recovery of the species. Recovery Task #8 in WDFW's recovery plan states, "restore degraded and burned sage - grouse habitat within Sage- Grouse Management Units." Planting of sagebrush and riparian shrubs will help re- establish potential breeding, late brood rearing and winter habitat that is needed to help the recovery of the species. Arid -land shrub- steppe ecosystems throughout this geographic region have been shown to be susceptible to fire induced conversion to annual grasslands that results from shortened fire - returned intervals and invasive species. There were several species of weeds and other invasive plants already established in the area prior to the fire, including various knapweed species and scotch thistle. Invasive species are especially prevalent along the old irrigation canal and roadways on private property bordering BLM lands and the BLM's small parcel size results in increased edge effect and greater susceptibility to invasive species, making treatments on adjoining lands essential to success of treatment of BLM land. Research from nearby Arid Lands Ecological Reserve on post -fire treatments has shown increased resiliency to invasive species in areas that were treated with aerial seeding and herbicide applications. The burned area is located within the focal area of the South Central Washington Shrub Steppe /Rangeland Partnership (Partnership), a group of federal, state and local government agencies, non - governmental organizations and private cooperators that formed in 2006 out of a mutual interest in the conservation of the shrub steppe /rangeland landscape in Benton, Yakima, Grant, and Kittitas counties. This group includes all of the all major public land holders in the region as well as the CCC, Yakama Nation, Natural Resource Conservation Service (NRCS), local conservation districts, and others. The Partnership provides a ready framework for coordinated responses to larger cross - boundary wildfires and will draw from the expertise of each entity in the implementation of this ESR plan. Other groups in this Partnership are pursuing funding for fire restoration efforts through programs offered by the Rocky Mountain Elk Foundation, NRCS and other funding sources. Several private property land owners have also offered to contribute labor to the project. 2 The Wyden Amendment allows treatment of non - federal lands "adjacent" to BLM administered lands for the benefit of the public lands. The Department of Interior, however, has adopted Wyden Amendment policy for emergency stabilization and burned area rehabilitation funding that limits the expenditure of federal funding to lands "adjoining" BLM - administered lands. This agreement, therefore, shall include willing landowners with parcels adjoining BLM - administered lands in T13N R17E Section 15 "all lying Westerly and Northerly of the right -of- way line of Lateral "G" of the Tieton Canal." These adjoining lands include DNR Trust lands in T13N R17E Section 16 and private lands in T13N R17E portions of Sections 10 and 15. The City of Yakima is the owner of Yakima County Assessor's Parcel Numbers 171310 -43003 (41.5 acres) and 171310 -34001 (39.16 acres), parcels that adjoin BLM- administered lands. I. OBJECTIVES 1. Meet resource protection needs within the watershed, including control of invasive species and recovery of habitat for sensitive species. 2. Provide authorization for implementation of the ESR Plan on lands adjoining BLM - administered lands. 3. Compliance with requirements under Wyden Amendment authority. II. AUTHORITY A. BLM 1. Section 307(b) of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1737(b), authorizes the Secretary of the Interior, subject to the provisions of applicable law, to enter into contracts and cooperative agreements for the management, protection, development and sale of public lands. 2. Section 136 of P.L. 105 -277 of the Wyden Amendment, 16 U.S.C. 1011(a), authorizes the Secretary of the Interior to enter into cooperative agreements with the heads of other Federal agencies, tribal, State and local governments, private and nonprofit entities, and landowners for the protection, restoration, and enhancement of fish and wildlife habitat and resources on public or private land and the reduction of risk from natural disaster where public safety is threatened that benefit these resources on public lands within the watershed. B. City of Yakima 1. RCW 35.22.195 authorizes the City of Yakima, as a first class city of the State of Washington, to exercise all rights and authority conferred upon cities and 3 towns by Title 35 RCW, and all such powers as usually exercised by municipal corporations of like character and degree. 2. RCW 35.22.280(3) authorizes first class cities of the State of Washington to acquire and control property. III. PROCEDURES 1. Undersigned parties agree that the BLM will implement the Cowiche Mill Fire ESR Plan on BLM- administered lands and adjoining lands as authorized by this agreement. 2. The BLM shall not be held liable for any perceived damages associated with implementation of the ESR Plan while conducting work on land administered or owned by parties to this agreement. 3. Parties to this agreement shall provide in -kind contributions as appropriate, including but not limited to such things as providing access and staging areas where needed, assistance with setting objectives and monitoring treatments for effectiveness and other similar activities associated with implementation of the ESR Plan. 4. This agreement does not eliminate or relieve participants from any existing rules, regulations or requirements. 5. This agreement does not restrict any party from participating in similar activities with other entities. IV. ADMINISTRATION 1. RECORDS MANAGEMENT: The BLM owns the rights to all data/records produced as part of this Agreement. All records (in all media, paper and electronic) created or produced in part or whole are to be maintained for the duration of the Agreement, made available upon request, and upon termination of the Agreement will be turned over to the BLM. Parties shall not retain, use, sell or disseminate copies of any data that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act. 2. PUBLIC RECORDS: Any information furnished to any of the undersigned agencies is subject to the Freedom of Information Act (5 U.S.C. 552) and Washington State Public Record Act (RCW 42.56). 4 3. MODIFICATIONS: 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. 4. NON -FUND OBLIGATING DOCUMENT: This agreement is neither a fiscal nor a funds obligation document. Any endeavor to transfer anything of value involving reimbursement or contribution of funds between the parties to this agreement will be handled in accordance with applicable laws, regulations, and procedures including those for Government procurement and printing. Such endeavors will be outlined in separate documents that shall be made in writing by representatives of the parties and shall be independently authorized by appropriate statutory authority. This agreement does not provide such authority. Specifically, this agreement does not establish authority for noncompetitive award to the cooperator of any contract or other agreement. 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. 5 V. LIST OF CONTACTS BLM PROGRAM CONTACT CITY OF YAKIMA PROGRAM CONTACT Name: Erik Ellis Name: Doug Mayo, City Engineer Address: 915 Walla Walla Ave., Address: 129 North 2 Street, Yakima, Wenatchee, WA, 98801 Washington 98901 Phone: 509 -576 -6678 Phone: 509- 665 -2141 E -mail: dmayo @ci.yakima.wa.us E -mail: edellis @blm.gov VI. COMMENCEMENT /EXPIRATION DATE This agreement is executed as of the date of last signature and is effective through five years, at which time it will expire unless extended. VII. SIGNATURES In witness whereof, the parties hereto have executed this agreement as of the last date written below. / —...IMPP/ We- - Daniel C. Picard Date District Manager, Spokane District, OR/WA Bureau of Land Management 1 —014-f-d---- .7 _7; 14 1/ Michael A. Morales_.: Date City Manager, City of Yakima • CITY CONTRAC f NO:, apt/4v apt/4v i 6 RESOLUTION N0: R- awl- ion' BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON 'AGENDA STATEMENT Item No. - 1 0 For Meeting of July 5, 2011 ITEM TITLE: Consideration of a Resolution authorizing the City Manager to execute a Memorandum of Understanding (MOU) with the United States Department of the Interior, Bureau of Land Management, Oregon/Washington, Spokane District (BLM) to allow implementation of the Cowiche Mill Post -Fire Emergency Stabilization and Rehabilitation Plan (ESR Plan) on City -owned parcels (171310- 43003 and 171310 - 34001) that were purchased for the William O. Douglas Trail. This resolution will also authorize the City Manager to execute other contracts and agreements required for maintenance and other needs on these properties. SUBMITTED BY: Joan Davenport, Acting Director of Community & Economic Development CONTACT PERSON/TELEPHONE: Doug Mayo, P.E., City Engineer — 576 -6678 SUMMARY EXPLANATION: This MOU is intended to serve as a Watershed Restoration and Enhancement Agreement between BLM and the City of Yakima to allow implementation of the Cowiche Mill Post -Fire Emergency Stabilization and Rehabilitation Plan (ESR Plan) for the benefit of public lands and natural resources along land recently purchased by the City of Yakima for the purpose of building the William O. Douglas trail. Also, as needed, the City Manager will approve volunteer labor to help maintain City owned properties that will need to be sprayed and maintained according to Yakima County regulations. Resolution XX Ordinance Contract Other (Specify) MOU Funding Source: APPROVED FOR SUBMITTAL: ` 'V Ci anager STAFF RECOMMENDATION: Staff respectfully requests that Council adopt the resolution authorizing the execution of the MOU between BLM and the City of Yakima. BOARD /COMMITTEE /COMMISSION RECOMMENDATION: COUNCIL ACTION: •