**LAW ENFORCEMENT COOP AGREEMENTS WITH STATE/LOCAL AUTHORITIES**

10/24/00 Version

After your Law Enforcement Plan is approved and it is decided there is a
need for assistance from local law enforcement officials, it is time to
draft your Law Enforcement Cooperative Agreement (LECA). This agreement
will establish the terms and conditions when the BLM requests assistance
to enforce State and local laws and provide support services on public
lands and roads. When services are ordered, the BLM will reimburse the
local officials for those services as specified in the LECA.

The agreement is developed and negotiated by a team consisting of the
State Special Agent-In-Charge (SAC), an Assistance Officer (AO), and the
Field or District Manager. To help you draft the LECA use this model but
there are paragraphs that require a fill-in, selection of the
appropriate paragraph, and sometimes rewriting the paragraph to fit your
requirements. Following are some helpful hints:

A. \"Comments\" have been added throughout the document to provide
additional information to help you complete the document easier and
faster. The comments are within an oval in the left margin and show up
in full text only when you use the mouse and click on the oval. The
oval, or the information within it, will not show up when the document
is printed.

B. Information will need to be filled in for some paragraphs that is
specific to each agreement or office. Some sections, such as Section I,
II, and III, are obvious and the others are marked with an \*. The
following procedures will help you find all the spaces that require a
fill-in:

> 1\. Start with your cursor at the [beginning]{.underline} of the
> document hit the F2 (Find) key. At the bottom of the screen you will
> see the Find Text box appear.
>
> 2\. In the Find box type in an \* (all the spaces to be filled are
> marked with an \*).
>
> 3\. With your mouse click on Find Next and your cursor will
> automatically move to the first \*. You will need to backspace (to
> erase the \*) and then type in the information for your agreement.
>
> 4\. With the mouse click on Find Next to move to the next \* and the
> next \* will appear.
>
> 5\. Keep doing this until you reach the end of the document.
>
> 6\. Throughout this model it specifies the local law enforcement
> official as the \"Sheriff\". If that is not so you may want to find
> all the places that say Sheriff and substitute your recipient\'s name.

C. As you go through the document delete the paragraphs not needed.
Select one of the paragraphs if similar paragraphs are allowed. Read the
comment to help you select the appropriate paragraph.

D. The First page of the agreement is the Form 1511-1. This form is
completed by the AO. The AO will also assign the document number and is
the only BLM official authorized to sign the LECA. Additional forms and
certifications are included at the end of this document.

E. Delete this page, before you print the final document.

If you have any questions, comments, or suggested changes please contact
your State Procurement Analyst or Brian Heath at 202-452-5186.

+-----------------------------+----------+------------------+----------+
| Form 1511-1                 |          | PAGE 1 OF PAGES  |          |
|                             |          |                  |          |
| (February 1989) United      |          |                  |          |
| States Department of the    |          |                  |          |
| Interior                    |          |                  |          |
|                             |          |                  |          |
| Bureau of Land Management   |          |                  |          |
|                             |          |                  |          |
| ASSISTANCE AGREEMENT        |          |                  |          |
|                             |          |                  |          |
| NOTE: By signing this       |          |                  |          |
| document, the recipient     |          |                  |          |
| accepts this agreement and  |          |                  |          |
| agrees to perform in        |          |                  |          |
| accordance with all the     |          |                  |          |
| enclosed terms, conditions, |          |                  |          |
| and documents attached      |          |                  |          |
| hereto.                     |          |                  |          |
+-----------------------------+----------+------------------+----------+
|                             |          | 1\. AGREEMENT    |          |
|                             |          | NO.              |          |
+-----------------------------+----------+------------------+----------+
|                             |          | 2\. TASK ORDER   |          |
|                             |          | NO.              |          |
+-----------------------------+----------+------------------+----------+
|                             |          | 3\. TYPE OF      |          |
|                             |          | AGREEMENT        |          |
|                             |          | *(Check one)*    |          |
|                             |          |                  |          |
|                             |          |  GRANT          |          |
|                             |          |                  |          |
|                             |          |  COOPERATIVE    |          |
|                             |          | AGREEMENT        |          |
+-----------------------------+----------+------------------+----------+
| 4\. NAME, ADDRESS AND PHONE |          | 5\. NAME,        |          |
| NO. OF ASSISTANCE OFFICER   |          | ADDRESS AND      |          |
|                             |          | PHONE NO. OF     |          |
|                             |          | RECIPIENT        |          |
+-----------------------------+----------+------------------+----------+
| 6\. NAME, ADDRESS AND PHONE |          | 7\. NAME,        |          |
| NO. OF ASSISTANCE           |          | ADDRESS AND      |          |
| REPRESENTATIVE              |          | PHONE NO. OF     |          |
|                             |          | RECIPIENT\'S     |          |
|                             |          | PROJECT MANAGER  |          |
+-----------------------------+----------+------------------+----------+
| 8\. PROGRAM STATUTORY       |          | 9\. STARTING     |          |
| AUTHORITY                   |          | DATE             |          |
+-----------------------------+----------+------------------+----------+
| 10\. EFFECTIVE DATE         |          | 11\. COMPLETION  |          |
|                             |          | DATE             |          |
+-----------------------------+----------+------------------+----------+
| 12\. TYPE OF RECIPIENT      |          | 13\. FUNDING     |          |
| *(Check one)*               |          | INFORMATION      |          |
|                             |          |                  |          |
|  STATE                     |          | Recipient BLM    |          |
|                             |          |                  |          |
|  LOCAL GOVERNMENT          |          | This obligation  |          |
|                             |          | \$ \$            |          |
|  INDIAN TRIBAL GOVERNMENT  |          |                  |          |
|                             |          | Previous         |          |
|  EDUCATIONAL INSTITUTION   |          | obligation \$ \$ |          |
|                             |          |                  |          |
|  INDIVIDUAL                |          | Total obligation |          |
|                             |          | \$ \$            |          |
|  FOR-PROFIT ORGANIZATION   |          |                  |          |
|                             |          | Share Ratio      |          |
|  NON-PROFIT ORGANIZATION   |          | [%]{.underline}  |          |
|                             |          | [%]{.underline}  |          |
|  OTHER (SPECIFY)           |          |                  |          |
+-----------------------------+----------+------------------+----------+
| 14\. ACCOUNTING AND         |          |                  |          |
| APPROPRIATION DATA          |          |                  |          |
+-----------------------------+----------+------------------+----------+
| 15\. PROJECT TITLE AND      |          |                  |          |
| BRIEF SUMMARY OF THE        |          |                  |          |
| PURPOSE AND OBJECTIVES      |          |                  |          |
+-----------------------------+----------+------------------+----------+
| 16a. NAME AND TITLE OF      |          | 17a. NAME AND    |          |
| SIGNER *(Type or print)*    |          | TITLE OF         |          |
|                             |          | ASSISTANCE       |          |
|                             |          | ORDERING OFFICER |          |
|                             |          | *(Type or        |          |
|                             |          | print)*          |          |
+-----------------------------+----------+------------------+----------+
| 16b. RECIPIENT              | 16c.     | 17b. UNITED      | 17c.     |
|                             | DATE     | STATES OF        | DATE     |
| *(Authorized Signature)*    | SIGNED   | AMERICA          | SIGNED   |
|                             |          |                  |          |
|                             |          | BY               |          |
|                             |          |                  |          |
|                             |          | *(Signature of   |          |
|                             |          | Assistance       |          |
|                             |          | Officer)*        |          |
+-----------------------------+----------+------------------+----------+

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

Date Signed

> State Director

I. [Statement of Joint Objectives]{.underline}

A. [Purpose]{.underline}. This agreement is made and entered into by the
Department of the Interior, Bureau of Land Management (BLM), \* Office,
and the Sheriff of \* County (Sheriff), in the State of \* for the
purpose of providing adequate protection of persons and property on
public lands and roads administered by the BLM.

B. [Objective]{.underline}. This agreement sets out the terms and
conditions for the BLM to request assistance from the Sheriff to enforce
State and local laws by providing support services on public lands and
roads. When services are ordered, the BLM will reimburse the Sheriff for
those services. Services requested may consist of patrols, radio
dispatching, extra help for eradicating marijuana, aircraft services,
etc. This program is undertaken in furtherance of the BLM's mission.

C. [Authority]{.underline}.

1\. BLM - Federal Land Policy and Management Act of 1976 (Public Law
94-579, Section 303 (d)). United States Code (USC) 43 USC, Section 1733
(d), states "In connection with the administration and regulation of the
use and occupancy of the public lands, the Secretary is authorized to
cooperate with the regulatory and law enforcement officials of any State
or political subdivision thereof in the enforcement of the laws or
ordinances of such State or subdivision. Such cooperation may include
reimbursement to a State or its subdivision for expenditures incurred by
it in connection with activities which assist in the administration and
regulation of use and occupancy of the public lands."

2\. Sheriff - \*

D. [Benefits]{.underline}.

A. The Sheriff has the authority to enforce the State and local laws for
\* County on such public lands, waters, roads, and trails administered
by the BLM that lie within the confines of \* County; and the Sheriff is
limited by level of financing as to the amount of protection, patrol,
and investigation that can be provided at the more remote areas within
\* County, that is, those public lands, waters, roads, and trails
administered by the BLM.

B. The Sheriff and the BLM mutually agree that it is desirable to
collaborate in better utilizing the resources of both agencies while
providing for more adequate protection of persons and property on the
public lands.

II\. [Definitions]{.underline}.

A. Agreement: This cooperative agreement.

B. Assistance Officer (AO): The BLM\'s Assistance Officer. The AO is the
only individual authorized to obligate funds, award, modify or terminate
the agreement or any task orders (TOs) thereto. The AO is responsible
for issuing TOs, monitoring the agreement and TOs for compliance,
enforcing the agreement provisions, issuing timely performance and
payment approvals, terminating the agreement or any TO thereto and
closing out the agreement.

C. Assistance Representative (AR): The BLM\'s Assistance Representative.
This may be the BLM Law Enforcement Officer. The AR will be designated
for administering the technical aspect of the agreement. The AR is
authorized to clarify technical requirements, review and approve work
that is clearly within the scope of the work specified in this
agreement, review reports, and verify itemized billings. The AR is not
authorized to issue changes or in any other way modify this agreement.

D. BLM: The Bureau of Land Management: May also be referred to as
Bureau.

E. BLM Law Enforcement Officers (LEOs): Special agents and law
enforcement rangers employed by the BLM who have been delegated law
enforcement authority by the Director of the BLM.

F. CFR: The Code of Federal Regulations.

G. Fiscal Year (FY): The Federal fiscal year that extends from October 1
of one year through September 30 of the following year.

H. Field\*District Manager: The BLM\'s Field\*District Manager, \*
Field\*District Office, \* city, \* state.

I. Not-to-Exceed (NTE) Amount: The maximum Federal funding amount.

J. OMB: The Office of Management and Budget.

K. Project Inspector (PI): The BLM\'s project inspector. The PI will be
responsible for providing on-site inspection of the work and for giving
the Sheriff's representative any special instructions, guidance, or
training necessary to complete or perform the work. The PI will not be
authorized to issue changes or in any way modify the agreement.

L. Project Manager: The Sheriff\'s Project Manager is \*. This
individual is responsible for \*

M. Public Lands: Any land and interest in land owned by the United
States within the several States and administered by the Secretary of
the Interior through the BLM, without regard to how the United States
acquired ownership, except:

1\. Lands located on the outer Continental Shelf.

2\. Lands held for the benefit of Indians, Aleuts, and Eskimos.

N. Reimbursable Services: Those services requested by the BLM through
this agreement by the BLM\'s AO or AR that are services of an
extraordinary nature outside the normal scope of the local law
enforcement agency\'s activities on public lands, including, but not
limited to:

1\. Special patrols to specified public land areas where routine patrol
services are not rendered by the local law enforcement agency.

2\. Public land use, primarily by non-citizens of the county within
which the public lands are located, at levels creating a major impact to
the normal operations of the County Sheriff.

3\. BLM requirements for certain support services such as radio
dispatch, extra help for eradicating marijuana, aircraft services, etc.

O. Responsible Official: The recipient\'s Responsible Official is \*.
The responsible official is the individual who is authorized to act for
the recipient's organization and commit the recipient to compliance with
the terms and conditions of this agreement.

P. Secretary. The Secretary of the Interior.

Q. Sheriff: The Sheriff of \* County, State of \*. May also be referred
to as recipient.

R. State Director: The BLM's State Director, \* State Office.

S. Task Order (TO): The order that is issued against the agreement to
obligate funds for specific services or work to be accomplished.

III\. [Project Management Plan and Operations]{.underline}.

A. The \* County Sheriff agrees to:

1\. Continue to enforce the civil and criminal laws of the State and/or
county on the public lands, waters, roads, and trails administered by
the BLM within the normal scope of duty to the extent of current
financial and work force resources without reimbursement by the BLM.
Further:

a\. That sworn personnel assigned to duties on the public lands will be
regular employees of the \* County Sheriff\'s Department who have
complied with the minimum standards as required by the \* State Police
Officers Standards and Training Council; and that such officers shall
not be in violation of the provisions of 18 U.S.C. 922, which prohibits
persons convicted of a misdemeanor domestic violence crime from
possessing firearms or ammunition.

b\. To continue to make vehicular patrols and encourage the \* State
Highway Patrol/ State Police to make vehicular patrols through the
following sites:

\*;

\*; and

\*, when open or access is available.

c\. To ensure that sworn personnel assigned to duties on Public Lands be
made aware of the provisions of the Archaeological Resources Protection
Act (16 U.S.C. 470 aa - 470 ll) and the Native American Graves
Protection and Repatriation Act (25 U.S.C. 3001 - 3013), regarding
skeletal remains. Also to ensure they are instructed that, if possible,
not to disturb what possibly may be an archaeological site, on the
belief that the presence of skeletal remains is indicative of a crime
scene over which they have jurisdiction, without first checking with
appropriate BLM management.

d\. The Sheriff agrees to have the deputies \*\[coordinate\]\[stop at
the \[appropriate office\] weekly when possible and confer with the BLM
LEO(s) regarding patrol needs and to exchange law enforcement
information of benefit to both the Sheriff and the BLM.

e\. The Sheriff agrees to furnish the BLM AR and the State Special
Agent-in-Charge a quarterly report of law enforcement activities related
to: (1) Number of patrols made and miles traveled; (2) hours worked; (3)
arrests made on public lands- misdemeanors and felonies; (4) incidents
investigated or responded to; (5) assistance given to BLM personnel; and
(6) an itemized list of all reimbursable services requested by the BLM
setting forth requestor, date, and services provided.

f\. The Sheriff\'s office shall be responsible for all maintenance and
repair costs of all property acquired under this agreement. Further, the
Sheriff\'s office shall be responsible for theft, loss, or damage of all
property acquired under this agreement.

2\. Provide reimbursable services as listed below, for the enforcement
of State and local laws relating to the protection of persons and
property on the public lands. The lack of any specific request by BLM
will not limit the authority of the Sheriff to respond to any situation
in a fashion seen fit under State or local law.

a\. Reimbursable Service Required by the BLM:

\(1\) (Optional provision) The Sheriff will assign a regularly scheduled
Deputy Sheriff, in addition to the present complement of the Sheriff\'s
Office, to the public lands, waters, roads, and trails administered by
the BLM within the confines of \* County. The Deputy will work a full
regularly scheduled tour on such lands, waters, roads, and trails with
special attention given to the \* areas. Assignment will be for the
period of this agreement or TO.

\(2\) (Optional provision) The Sheriff will, on national holidays and
weekends, between \* assign an additional Deputy in addition to the
above-mentioned Deputy to assure that adequate patrol in BLM
administered campgrounds, recreation areas, launching sites, and
administrative areas will be made.

\(3\) (Optional provision) When requested by the BLM, the Sheriff agrees
to dispatch additional sworn deputies, within work force capabilities,
to assist in special operations (i.e., marijuana eradication, special
events, execution of warrants), or for other unforeseen or emergency
situations.

\(4\) (Optional Provision) The Sheriff agrees to make vehicular patrols
through the \*, with specific attention paid to the \* . Patrols will be
made during hours to be determined by the Sheriff who will seek advice
from BLM LEO(s) and the Field/District Manager. Patrols will be made an
average of \* times per week. The number of patrols during any given
week will be dependent upon the judgement of the Sheriff. The patrol
involves a round trip of approximately \* miles and will take an average
of \* hours.

\(5\) (Optional provision) The Sheriff agrees to provide radio dispatch
services to BLM LEO\'s and authorize them to use Sheriff Office radio
frequencies when working within \* County.

\(6\) (Optional provision) The Sheriff agrees to purchase the itemized
list of equipment/supplies as shown in the budget document, which is
part of this agreement.

b\. Rate Schedule for Reimbursable Services.

\(1\) BLM agrees to reimburse the County at a rate of \$\* per hour per
Deputy/employee and/or \$\* per mile.

\(2\) It is mutually understood that 5 percent of the assigned Deputy's
time may be utilized by the Sheriff in duties not related to this
agreement, including search and rescue, without necessitating the need
for an adjustment in reimbursement agreed upon.

\(3\) Form SF-270, itemized billings for reimbursement, and quarterly
reports will be furnished at the end of each quarter to the BLM's AR,
with a certification that the services have been performed.

\(4\) It is further mutually agreed that the sum of \$\* represents the
maximum dollar amount for which the BLM will be responsible under the
terms of this agreement during the Federal fiscal year. The Federal
Government is not obligated to pay, nor is the Sheriff obligated to
perform, any effort that will require the expenditure of Federal funds
above the total dollar amount set forth above. If at any time the
Sheriff anticipates that additional Federal funds will be required to
perform the work set forth in this agreement, the Sheriff shall notify
the AO, except in emergencies, at least 30 days before the anticipated
date funds will be depleted.

B. The BLM agrees to:

1\. Within the availability of funds and established Federal regulations
and policies:

a\. To enforce the authorized Federal laws and regulations pertaining to
the public lands administered by the BLM.

b\. To reimburse the \* County Treasurer, after receipt of an SF-270,
itemized billing, and required reports from the Sheriff\'s office, for
the reimbursable services provided at the rates and in the amounts set
forth in this agreement.

c\. Payments will be made in accordance with Section \*, Financial
Support, and Section \*, Payments, of this agreement and applicable OMB
and Treasury Regulations.

C. The Sheriff and the BLM mutually agree to:

1\. Provide the maximum assistance and coordination possible, within the
availability of funds and established laws, regulations, and policies
governing the respective agencies that will assure the protection of
persons and property on the public lands, waters, roads, and trails
administered by the BLM within the confines of \* County. It is further
agreed between the parties that:

a\. Sworn officers of the \* County Sheriff performing services under
this agreement in enforcing State and local laws are, and will remain
under the supervision, authority, and responsibility of the \* County
Sheriff. Services provided by the Sheriff and employees shall not be
considered as coming within the scope of Federal employment and none of
the benefits of Federal employment will be conferred under this
agreement.

b\. Neither party shall be liable to the other nor to its agents or
employees for any loss, damage, personal injury, or death occurring in
consequence of the performance of this agreement, except as provided
herein.

c\. Each party will furnish the other written information necessary for
mutual enforcement operations.

d\. Any issues that the BLM AR and the Sheriff cannot reconcile will be
referred to the AO and any county board or commission or individual
county official who the Sheriff designates for mutual resolution of the
issues. Any issue that affects either party\'s performance under the
agreement or the cost of performance shall be referred to the AO for
final resolution.

IV\. [Term of Agreement]{.underline}. This agreement shall become
effective on the date of signature of the BLM AO and shall remain in
effect for the remainder of FY \*, unless terminated in accordance with
the provisions of 43 CFR Subpart C, Section 12.84. This agreement may be
renewed for subsequent FYs (NTE a total of five), subject to the
availability of Federal funding, by mutual written modification signed
by both parties to this agreement.

IV\. [Term of Agreement]{.underline}. This agreement shall become
effective on the date of signature of the BLM Assistance Officer and
shall remain in effect until \*, unless terminated in accordance with
the provisions of 43 CFR, Subpart C, Section 12.84.

V. [Task Orders (TO)]{.underline}.

A. Issuance. If any TOs are issued, they will be issued in writing by
the Assistance Officer and must be signed by both the authorized
responsible official and the AO to be effective.

B. Contents. A TO will contain:

1\. The specifications or statement of work that will be performed under
that specific TO.

2\. A list of any deliverable items required.

3\. Any necessary drawings and/or location maps.

4\. The delivery schedule or completion time that has been negotiated
based on the level of difficulty, site location, etc.

5\. A detailed budget with a NTE amount for the task. If the TO is
issued on a cost share basis the budget will detail the share of costs
for both the recipient and the BLM.

6\. Any other detail or information necessary.

VI\. [Financial Support]{.underline}.

A. This agreement shall be funded each FY based on the availability of
BLM funding. The \* hereby releases the BLM from all liability due to
failure of Congress to appropriate funds for this agreement.

A. This agreement shall be funded by issuance of TOs based on the
availability of BLM funding. The \* hereby releases the BLM from all
liability due to failure of Congress to appropriate funds for this
agreement.

B. Funds obligated but not expended in one FY can be carried forward and
expended in the subsequent FY.

B. Funds obligated for a specific TO but not expended in that FY can be
carried forward and expended in the subsequent FY.

C. \$\* represents the NTE amount for which the BLM will be responsible
under the terms of this agreement. The BLM shall not be obligated to pay
for nor shall the \* be obligated to perform any effort that will
require the expenditure of Federal funds above the NTE amount.

C. TOs will specify the NTE amounts. The BLM shall not be obligated to
pay for nor shall \* be obligated to perform any effort that will
require the expenditure of Federal funds above the NTE amount specified
in that TO.

C. \$\* represents the NTE amount for which the BLM will be responsible
under the terms of this agreement over the life of the agreement. Each
TO issued will specify the NTE amount for that TO. The BLM shall not be
obligated to pay for nor shall the \* be obligated to perform any effort
that will require the expenditure of Federal funds above the NTE amount
specified in that TO.

VII\. [Payments]{.underline}.

A. Electronic Funds Transfer Payments

1\. Payment under this agreement will be made by the Government by
electronic funds transfer (through the Treasury Fedline Payment System
(FEDLINE) or the Automated Clearing House (ACH)).

2\. After award, but no later than 14 days before an invoice or
agreement financing request is submitted, the Recipient shall designate
a financial institution for receipt of electronic funds transfer
payments (SF-3881), and shall submit this designation to the following
address:

Bureau of Land Management

National Business Center, BC-620

Denver Federal Center, Bldg. 50

PO Box 25047

Denver, CO 80225-0047

3\. If a designation has been submitted to the BLM under a previous
agreement or contract it is not necessary to complete another SF-3881
unless you are changing your designation of financial institution.

B. The Sheriff shall be entitled to reimbursement at least quarterly
upon submission of an original Request for Advance or Reimbursement,
Standard Form (SF) 270 and supporting documentation to the AR. Payments
shall be governed by the provisions of 43 CFR Subpart C, Section 12.61
and 12.81.

VIII\. [Property Management and Disposition]{.underline}.

Any BLM property used or other property acquired under this agreement,
including intangible

property such as copyrights and patents shall be governed by the
provisions of 43 CFR, Subpart C, Section 12.71 through 12.74.

IX\. [Deliverables and Reports]{.underline}.

Submit one copy of an annual performance report to the AR within 90 days
after the end of the FY. The performance report must be prepared
according to 43 CFR, Subpart C, Section 12.80 and address items such as
a comparison of actual accomplishments with established goals, reasons
why goals may not have been met, cost overruns and any other pertinent
information.

X. [Key Officials]{.underline}.

A. Assistance Officer (AO)

\* (Name)

Bureau of Land Management

\* State Office

P.O. Box \*

\*

Telephone Number (\*) \*

B. Assistance Representative (AR)

\* (Name)

Bureau of Land Management

\* State Office

P.O. Box \*

\*

Telephone Number (\*) \*

C. Project Inspector (PI)

\* (Name)

Bureau of Land Management

\* State Office

P.O. Box \*

\*

Telephone Number (\*) \*

D. Responsible Official

\* (Name)

\* (Recipients name and address)

\*

\*

Telephone Number (\*) \*

E. Project Manager

\* (Name)

\* (Recipients name and address)

\*

\*

Telephone Number (\*) \*

XI\. [Special Terms and Conditions]{.underline}.

A. Order of Precedence

Any inconsistency in this agreement shall be resolved by giving
precedence in the following order: (a) Any national policy requirements
and administrative management standards; (b) requirements of the
applicable OMB Circulars and Treasury regulations; (c) 43 CFR Part 12;
(d) special terms and conditions; and (e) all Agreement sections,
documents, exhibits, and attachments.

A. Order of Precedence

Any inconsistency in this agreement shall be resolved by giving
precedence in the following order: (a) Any national policy requirements
and administrative management standards; (b) requirements of the
applicable OMB Circulars and Treasury regulations; (c) 43 CFR Part 12;
(d) special terms and conditions; (e) all Agreement sections, documents,
exhibits, and attachments; and (f) all TO sections, documents, exhibits,
and attachments.

B. Modifications

This agreement may be modified by written agreement signed by both a \*
official and the Assistance Officer. Modifications must be within the
scope of this instrument. Administrative changes (I.e., AO name change)
which do not change the project management plan, NTE amount, etc. or
otherwise affect the recipient may be signed unilaterally by the AO.

C. Procurement Procedures

It is a national policy to place a fair share of purchases with minority
business firms. The Department of the Interior is strongly committed to
the objectives of this policy and encourages all recipients of its
grants and cooperative agreements to take affirmative steps to ensure
such fairness. Positive efforts shall be made by recipients to utilize
small businesses, minority-owned firms, and women\'s business
enterprises, whenever possible. Recipients of Federal awards shall take
all of the following steps to further this goal:

1\. Ensure that small businesses, minority-owned firms, and women\'s
business enterprises are used to the fullest extent practicable.

2\. Make information on forthcoming opportunities available and arrange
time frames for purchases and contracts to encourage and facilitate
participation by small businesses, minority-owned firms, and women\'s
business enterprises.

3\. Consider in the contract process whether firms competing for larger
contracts intend to subcontract with small businesses, minority-owned
firms, and women\'s business enterprises.

4\. Encourage contracting with consortiums of small businesses,
minority-owned firms and women\'s business enterprises when a contract
is too large for one of these firms to handle individually.

5\. Use the services and assistance, as appropriate, of such
organizations as the Small Business Development Agency in the
solicitation and utilization of small business, minority-owned firms and
women\'s business enterprises.

XII\. [General Provisions]{.underline}.

A. National Policy Requirements and Administrative Management Standards.
All applicable national policy requirements and administrative
management standards as set forth in the Office of Management and
Budget, Financial Management Division, Directory of Policy Requirements
and Administrative Standards for Federal Aid Programs are incorporated
by reference.

B. 43 CFR Part 12, Administrative and Audit Requirements and Cost
Principles for Assistance Programs is incorporated by reference.

C. OMB Circular A-87, Cost Principles for State and Local Governments is
incorporated by reference.

D. Single Audit Act Amendments of 1996, Public Law 104-156, 110 Stat.
1396, 31 U.S.C. 750 1-7 and 43 CFR, Part 12, is incorporated by
reference.

E. 43 Code of Federal Regulations (CFR) Part 12, Appendix A to Subpart
D, Certification Regarding Debarment, Suspension, and Other
Responsibility Matters - Primary Covered Transaction and completed Form
DI-2010 are incorporated by reference.

F. 43 CFR Part 12, Appendix C to Subpart D, Certification Regarding
Drug-Free Workplace Requirements, Alternate I (Grantees other than
individuals) and completed Form DI-2010 are incorporated by reference.

G. 3l U.S.C. 1352, Certification Regarding Lobbying and completed Form
DI-2010 are incorporated by reference.

H. Buy American Act Provision

In the case of any equipment or product that may be authorized to be
purchased with financial assistance provided using funds made available
in this agreement, it is the sense of the Congress that entities
receiving the assistance should, in expending the assistance, purchase
only American-made equipment and products.

All purchases shall be governed by the provisions of 43 CFR, Subpart E,
Section 12.700 through 12.730.

I. Grant/Cooperative Agreement Provision

Recipient shall not use any part of the appropriated funds from the
Interior and Related Agencies Appropriation Act, for any activity or the
publication or distribution of literature that in any way tends to
promote public support or opposition to any legislative proposal on
which Congressional action is not complete.

J. Increasing Seat Belt Use in the United States. Recipients of
grants/cooperative agreements and/or sub-awards are encouraged to adopt
and enforce on-the-job seat belt use policies and programs for their
employees when operating company-owned, rented, or personally owned
vehicles. These measures include, but are not limited to, conducting
education, awareness, and other appropriate programs for their employees
about the importance of wearing seat belts and the consequences of not
wearing them.

**U.S. Department of the Interior**

**Certifications Regarding Debarment, Suspension and**

**Other Responsibility Matters, Drug-Free Workplace**

**Requirements and Lobbying**

Persons signing this form should refer to the regulations referenced
below for complete instructions:

Certification Regarding Debarment, Suspension, and Other Responsibility
Matters - Primary Covered Transactions - **The prospective primary
participant further agrees by submitting this proposal that it will
include the clause titled, \"Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transaction,\" provided by the department or agency entering into this
covered transaction, without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered
transactions.** See below for language to be used or use this form for
certification and sign. (See Appendix A of Subpart D of 43 CFR Part 12.)

Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion - Lower Tier Covered Transactions - (See Appendix B
of Subpart D of 43 CFR Part 12.)

Certification Regarding Drug-Free Workplace Requirements - Alternate I.
(Grantees Other Than Individuals) and Alternate II. (Grantees Who are
Individuals) - (See Appendix C of Subpart D of 43 CFR Part 12)

Signature on this form provides for compliance with certification
requirements under 43 CFR Parts 12 and 18. The certifications shall be
treated as a material representation of fact upon which reliance will be
placed when the Department of the Interior determines to award the
covered transaction, grant, cooperative agreement or loan.