DRAFT

# Memorandum of Understanding

###### Regarding the Conservation and Management

of the San Felipe Creek, Fish Creek, and Carrizo Creek Watersheds,

San Diego & Imperial Counties, California

**Between:**

## Bureau of Land Management, California State Office

## California Department of Fish and Game

## 

## California Department of Parks and Recreation

## University of California at Davis, Wildlife Health Center

## U.S. Fish and Wildlife Service, California---Nevada Field Office

and

## 

## U.S. Geological Survey Western Ecological Research Center

**November 2003\
**

**I. Introduction**

The San Felipe Creek, Fish Creek, and Carrizo Creek watersheds, along
with their tributaries cover nearly 734,000 acres of southern
California's western Colorado Desert. These watersheds, together with
their associated marshes (Sentenac Cienega, Carrizo Marsh and San
Sebastian Marsh), have long served as a primary stopover for migrating
bird life in the arid Colorado Desert. These creeks and marshes provide
lush riparian islands for wildlife and the overall watershed is home to
twelve state- or federally-listed rare, threatened or endangered species
and at least seventy-two species of special concern (see Appendices 1
and 2). Ecological restoration of natural conditions along this
important riparian corridor, along with protection of rare, threatened,
endangered or special status species, are prime concerns of the state
and federal land management agencies in this region.

Currently, salt cedar (*Tamarix* sp.), an invasive exotic plant species
that robs riparian systems of vast quantities of water, infests much of
the above defined riparian system within the western Colorado Desert,
including all three marshes. Salt cedar effectively out‑competes native
flora, provides little wildlife forage, uses massive amounts of water,
and is often so dense that many animals cannot reach what remains of the
dwindling water sources. The removal of salt cedar results in a
tremendous increase in biological diversity due to the reestablishment
of native plants and animal species. Likewise, other invasive exotic
species are found within the watershed and have detrimental effects on
the native plant and animal species of the regions. These include, but
are not limited to: brown-headed cowbird, European starling,
mosquitofish, crayfish, bullfrogs, Saharan mustard, puncture vine, and
silverleaf horse-nettle.

A coordinated, interagency approach to the management and conservation
of biological diversity within the San Felipe Creek/Fish Creek/Carrizo
Creek watershed would likely increase the effectiveness of such efforts
there. A cooperative program among the public land management agencies
involved should result in: (1) improved efforts to control invasive
exotic species; (2) increased monitoring and protection of rare,
threatened and endangered species; (3) habitat protection through land
acquisition; (4) heightened public awareness and support for these
efforts; and (5) increased opportunities for additional grants or
matching funds. Sharing of resources and geographical focusing of
efforts should also increase the effectiveness of restoration and
monitoring efforts.

**II. Purpose**

This Memorandum of Understanding expresses an agreement between: the
U.S. Department of the Interior, Bureau of Land Management, California
State Office, hereafter referred to as the **BLM**; the California
Department of Parks and Recreation, hereafter referred to as **DPR**;
the California Department of Fish and Game, hereafter referred to as
**CDFG**; the University of California at Davis -- Wildlife Health
Center, hereafter referred to as **UCDWHC**; the U.S. Department of the
Interior, Fish and Wildlife Service, California Field Office, hereafter
referred to as **USFWS**; and the U.S. Department of the Interior, U.S.
Geological Service, hereafter referred to as **USGS**. \[Should State
Lands Commission, U.S. Forest Service -- Cleveland National Forest,
California Water Quality Control Board, Salton Sea Authority and San
Diego County Parks be approached about participation??\] The purpose of
the agreement is to coordinate and cooperate in the conservation of
biodiversity within, and the restoration of habitat within, the greater
San Felipe Creek, Fish Creek and Carrizo Creek watersheds, located in
San Diego and Imperial Counties, California.

### III. Authority

The authority for agencies and organizations to participate in this
effort is defined by existing federal or state statutes, departmental
directives, commission policies, or other delegations of authority or
responsibility. These include, but are not limited to, the following:

Federal Noxious Weed Act of 1974, as amended (7 U.S.C. 2801 et seq.)

Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)

Executive Order 13112 (Invasive Species) February 3, 1999

(Are there Executive Orders on "Wetlands" that would apply, as well??)

Wildlife Habitat Incentive Program, Federal Improvement and Reform Act
of 1996, PL 104-127; Food Security Act of 1985, as amended, 16 USC 3830
et seq. Activities under this agreement will improve wildlife habitat
through the removal of invasive plant species allowing native vegetation
to reestablish.

Economy Act (31 U. S. C. 1535) Agency Agreements

Sikes Act (16 USC 670a-670o, 74 Stat. 1052), as amended, Public Law
86-797. Public Law 93-452, signed October 18, 1974, (88 Stat. 1369)
authorized conservation and rehabilitation programs on BLM lands. These
programs are carried out in cooperation with the States by the Secretary
of the Interior.

Migratory Bird Conservation Act of 1929, as amended (16 U.S.C. 715 et
seq.)

Fish and Wildlife Coordination Act (1934), as amended (16 U.S.C. 661 et
seq.) ???

Federal Aid in Wildlife Restoration Act (1937), as amended (16 U.S.C.
669 et seq.)

For the BLM: 43 USC 1781, creation of the California Desert Conservation
Area

San Sebastian Marsh Area of Critical Environmental Concern Management
Plan (CA-06ACEC-61) and San Felipe Creek Wildlife Habitat Management
Plan (CA-06WHA-61), A Sikes Act Project, Prepared by U.S. Department of
the Interior, Bureau of Land Management, California Desert District, El
Centro Resource Area and State of California, The Resources Agency,
Department of Fish and Game. Date?

McCain Valley Wildlife Habitat Management Plan (CA-06WHA-T1), A Sikes
Act Project, Prepared by U.S. Department of the Interior, Bureau of Land
Management, California Desert District, El Centro Resource Area and
State of California, The Resources Agency, Department of Fish and Game.
February, 1984.

**[State of California, California Coder of Regulations
(CCR):]{.underline}**

Title 3: Food and Agriculture. Division 4: Plant Industry. Chapter 6:
Weed Free Areas and Weed Eradication Areas. Subchapter 6: Noxious Weed
Species. Section 4500: Noxious Weed Species.

**[State of California, Public Resources Code (PRC):]{.underline}**

Division 5, Chapter 1.3, Sections 5093.30-5093.40 -- California
Wilderness Preservation System

Division 5, Chapter 7, Sections 5810-5818 -- Wetlands Preservation

Division ?, Chapter ?, Sections10000-10005 -- Streamflow Protection
Standards. ???

**[State of California, Fish and Game Code]{.underline}**:

Division 2, Chapter 4, Sections 1300-1375 -- Wildlife Conservation Law
of 1947

Division 2, Chapter 4.1, Sections 1385-1391 -- California Riparian
Habitat Conservation Program

Division 2, Chapter 4.3, Sections 1400-1431 -- Inland Wetlands
Conservation Program

Division 2, Chapter 5, Sections 1500-1586 -- Fish and Game Management

Division 2, Chapter 8, Sections 1800-1802 -- Conservation of Wildlife
Resources

Division 2, Chapter 10, Sections 1900-1913 -- Native Plant Protection

Division 2, Chapter 11, Sections 1925-1926 -- California Desert Native
Plants

Division 2, Chapter 12, Sections 1930-1933 -- Significant Natural Areas

Division 3, Chapter 1.5, Sections 2050-2116 -- California Endangered
Species Act

Division 3, Chapter 9, Sections 2780-2799.6 -- California Wildlife
Protection Act of 1990

**[California Department of Parks and Recreation, Department Operations
Manual (DOM):]{.underline}**

Section 1831.1 (Vegetation), Resource Management Directive #33: Exotic
Plant Species

Section 1831.1 (Vegetation), Resource Management Directive #34: Exotic
Plant Removal

Section 1831.2 (Wildlife), Resource Management Directive #35: Natural
Faunal Habitat

Section 1831.2 (Wildlife), Resource Management Directive #36:
Restoration and Maintenance

of a Natural Faunal Balance

Section 1831.5 (Water), Resource Management Directive #43: Avoidance of
Stream Degradation, Diversion of Waters, Alteration of Stream Regimens
and Pollution

[**California Fish and Game Commission Policies** on]{.underline}:

Raptors

Cooperation

Endangered and Threatened Species

The Salton Sea

Water

Wetlands Resources

Wilderness Areas

[**California State Park and Recreation Commission Policies**
on]{.underline}:

I.7 -- Economic Cooperation

II.1 -- Integrity of State Park System Lands

II.3 -- Resource Management in State Reserves and State Preserves

II.4 -- Preservation of Vegetative Entities

II.5 -- Wildlife Management in Units of the State Park System

[**California Off-Highway Motor Vehicle Recreation Commission Policies**
on**:**]{.underline}

#4 -- Resource Management

#5 -- Planning

#13 -- Preservation of Vegetative Entities

#14 -- Wildlife Management in Units of the SVRAT System

**Memorandum of Understanding: California's Coordinated Regional
Strategy to Conserve Biological Diversity -- "The Agreement on
Biological Diversity,"** September 19, 1991. Signatories: California
Resources Agency, California Department of Fish and Game, California
Department of Forestry and Fire Protection, California Department of
Parks and Recreation, State Lands Commission, USDI Bureau of Land
Management, USDA Forest Service, USDI U.S. Fish and Wildlife Service,
USDI National Park Service, University of California.

**Memorandum of Understanding Among Public and Private Organizations
Relating to Natural Area Program Coordination in California.** 1989.
Signatories: California Department of Fish and Game, California
Department of Parks and Recreation, State Lands Commission, University
of California Natural Reserve System, USDI Bureau of Land Management,
USDI National Park Service, USDI U.S. Fish and Wildlife Service, USDA
Forest Service, USDA Forest Service -- Pacific Southwest Forest and
Range Experiment Station, The Nature Conservancy -- California Field
Office.

**[Anza-Borrego Desert State Park General Plan (November 2003), Goals
and Guidelines]{.underline}** for:

Geology

Soils

Hydrology

Significant and Sensitive Biota

Exotic Biota

Biological Processes

Landscape Linkages

Real Property Additions and Management

**[Ocotillo Wells State Vehicular Recreation Area General Plan (April
1982), Policies for Natural Resources]{.underline}**:

Plant Life

Animal Life

General Ecology

For CDFG: Management plans? for San Felipe Valley Wildlife Area, Walker
Canyon Ecological Reserve, San Felipe Creek Ecological Reserve;

Nothing herein shall be construed as limiting or affecting, in any way,
the authority of the parties to this Agreement.

**IV. Geographic Scope**

This agreement refers to the defined watersheds and riparian zones of
San Felipe Creek, Oriflamme Creek, Vallecito Creek, Fish Creek, Walker
Creek and Carrizo Creek in San Diego and Imperial Counties (hereafter
referred to as Watershed -- see Exhibit A). Public land management units
owned by BLM, DPR, CDFG, SDCP, and SLC occur within the defined
watersheds. These include: Anza-Borrego Desert State Park (DPR), the
State Wilderness units within (Pinyon Ridge State Wilderness, Grapevine
Mountain SW, Granite Mountain SW, Vallecito Mountains SW, Whale Peak SW,
Agua Caliente SW, Carrizo Badlands SW, Sombrero Peak SW, Sin Nombre SW,
Carrizo Canyon SW, and Jacumba Mountain SW) and Kumeyaay Cultural
Preserve; Ocotillo Wells State Vehicular Recreation Area (DPR),
including Barrel Springs Cultural Preserve; San Sebastian Marsh Area of
Critical Environmental Concern (BLM); West Mesa ACEC (BLM); Fish Creek
Mountains Wilderness (BLM); Coyote Mountains Wilderness (BLM); Coyote
Mountains ACEC (BLM); Carrizo Gorge Wilderness (BLM); Sawtooth Mountains
Wilderness (BLM); McCain Valley Wildlife Management Area (BLM); San
Felipe Valley Wildlife Area (CDFG); Walker Canyon Ecological Reserve
(CDFG); San Felipe Creek Ecological Reserve (CDFG); and Vallecito County
Park (SDCP).

The area of concern includes the following California Regional Water
Quality Control Board Water Basins in southeastern San Diego County and
southwestern Imperial County: Mescal Bajada, San Felipe, Mason,
Vallecito, Canebrake, Carrizo, McCain, and Ocotillo-Lower Felipe.

**V. Statement of Work**

All parties agree:

1.  To develop and update coordinated, interagency work plans and
    budgets (both long \[5-year\] and short \[annual\] term plans) for
    implementation activities prescribed through this agreement. The
    work plans will address the following goals that the parties hold in
    common:

    a.  Natural resources inventory, monitoring and assessment;

    b.  Ecological restoration of damaged habitats, the control and
        eradication of invasive exotic species, and the reintroduction
        of native species, where feasible, within the watershed;

    c.  Land acquisition of private lands within the watershed from
        willing sellers, where practical and economically feasible;

    d.  Public education and outreach regarding the conservation of
        biological diversity, control of invasive exotic species, and
        management of the watershed.

2.  To share resources, to the extent possible and practical, to
    implement the work plans developed through this agreement.

3.  To seek funding through agency budget processes and to cooperate in
    the development of grant requests to implement annual and long range
    plans developed under this agreement.

4.  To prepare an annual report of accomplishments of restoration work,
    grants obtained, or other activities resulting from work plans
    developed as a result of this agreement. This annual report will be
    used to heighten the awareness of, and showcase accomplishments to
    partners, grantors, and the public.

**VI. Indemnification**

All parties agree to indemnify, save and hold harmless, and defend the
signatories to this agreement and their agents, officers, and employees
against any and all fines, claims, damages, losses, judgments, and
expenses arising out of, or from any act, omission to act of signatories
of this agreement, their contractors or subcontractors, or any of their
officers, employees, members, participants, representatives and agents
under this agreement, or proceeding against the signatories of this
agreement or their, officers or employees concerning any dispute
pertaining to the administration and or implementation of activities
prescribed within this agreement or work plans developed as a result of
this agreement.

**VII. Non-Fund Obligating Document**

This instrument is neither a fiscal, nor a funds obligation document.
Any endeavor involving reimbursement or contribution of funds between
the partners to this agreement will be handled in accordance with
applicable laws, regulations, and procedure including those for
procurement and printing. Such endeavors will be outlined in separate
agreements that shall be made in writing by representatives of the
parties and shall be independently authorized by appropriate statutory
authority. Specifically, this agreement does not establish authority for
non-competitive award to the cooperator of any contract or other
agreement. Any contract or agreement for training or other services must
fully comply with all applicable requirements for competition. Nothing
herein shall be considered as obligating any party in the expenditure of
funds in carrying out the provisions of this Agreement.

**VIII. Modification**

Modifications within the scope of this agreement shall be made only with
the written consent of all parties. ~~by the issuance of a bilaterally
executed modification prior to any changes being performed.~~

New parties may be added to the Agreement upon approval by all
signatories.

### IX. Termination

Termination of participation by any party shall require thirty (30) days
written notice to all signatories prior to the effective date of
termination. ~~This agreement may be terminated at anytime
bilaterally.~~ The withdrawal of one or more party(ies) shall ~~will~~
not ~~necessarily~~ constitute agreement termination. The agreement
shall be viable so long as two or more signatories remain as
participants.

X.  **Signatures**

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_

Michael Poole, State Director, BLM-California Date

Ruth Coleman, Director, California Department of Parks and Recreation
Date

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_

Robert Hight, Director, California Department of Fish and Game Date

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Walter Boyce, Executive Director, Wildlife Health Center, Univ. of
Calif. at Davis Date

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_

Regional Manager, U.S. Fish and Wildlife Service Date

[\_\_\_\_]{.underline}

Regional Director, U.S. Geological Survey -- Western Ecological Research
Center Date