BIA Agreement Number:

BLM Agreement Number:

**INTERAGENCY AGREEMENT**

**INTERAGENCY AGREEMENT NO.** *(If applicable, insert agreement no.)*

**BETWEEN**

**BUREAU OF INDIAN AFFAIRS (BIA)**

**California Agency**

**And**

**BUREAU OF LAND MANAGEMENT (BLM)**

**Palm Springs -- South Coast Field Office**

**SOUTHERN CALIFORNIA FIRES OF 2003, BURNED AREA EMERGENCY RESPONSE
(BAER) AERIAL SEEDING PROJECT**

This INTERAGENCY AGREEMENT is hereby entered into by and between the
USDI, Bureau of Indian Affairs, California Agency, hereinafter referred
to as the BIA, and the USDI, Bureau of Land Management, Palm Springs --
South Coast Field Office, hereinafter referred to as the BLM under the
provisions of the Economy Act of June 30, 1932 (31 U.S.C. 1535, Pub. L.
97-258 and 98-216).

> **1. AUTHORITY.**
>
> Economy Act of June 30, 1932 (31 U.S.C. 1535); FAR 17.5, Interagency
> Acquisitions Under the Economy Act; BIA-Acquisition Guidance Release
> 99-1, Interagency Agreements; DOI Acquisition Regulation System Part
> 1417; 25 CFR 163.70, Cooperative Agreements; 42 USC 1856a, Authority
> to Enter into Reciprocal Agreement, Waiver of Claims, Reimbursement;
> 42 USC 1856a-1, Authority to Enter into Contracts with State and Local
> Governmental Entities; 42 USC 1856b, Emergency Assistance; Interagency
> Agreement for Fire Management Between the Bureau of Land Management,
> Bureau Of Indian Affairs, National Park Service, U.S. Fish And
> Wildlife Service, of the United States Department of the Interior, and
> the Forest Service, of the United States Department of Agriculture;
> and the Southern California Fires of 2003 Burned Area Emergency
> Rehabilitation Plan.

**2. BACKGROUND.**

> The Southern California Fires of 2003 burned lands within
> jurisdictions of the BLM, Palm Springs -- South Coast Field Office;
> and administered lands of the BIA, Southern California Agency. A joint
> Burned Area Emergency Response plan has been developed to prescribe
> emergency stabilization treatments and longer term rehabilitation
> needs. It is agreed among the agencies that the implementation of the
> BAER treatments be coordinated. With that in mind, the BIA and the BLM
> will coordinate the rehabilitation on Federal and Tribal Trust Lands
> affected by the Southern California Fires of 2003.

**3. PURPOSE.**

The purpose of this instrument is to allow the BLM and the BIA to
cooperate in an interagency project of emergency stabilization and
rehabilitation work necessitated by the Southern California Fires of
2003 as described in the Burned Area Emergency Rehabilitation (BAER)
plan.

**4. SCOPE OF SERVICES.**

> THE BIA SHALL:

-   Oversee the implementation of the aerial seeding treatment
    specification as described in the Southern California Fires of 2003
    Burned Area Emergency Rehabilitation (BAER) Plan on BIA and BLM
    administered lands.

-   Complete the tasks and supply all resources for their completion.

-   Contribute \$494,334 of emergency stabilization funds from the
    wildland fire operations account towards the completion of this
    project.

> THE BLM SHALL:

-   Consent to the BIA completing all agreed upon aerial seeding
    treatment specifications on lands administered by the BLM.

-   Monitor completion of work on BLM administered lands.

-   Complete all documentation and reporting requirements for projects
    on BLM administered lands.

**5. RESPONSIBILITIES.**

A.  Servicing Agency:

> Bureau of Indian Affairs, California Agency

B.  Requesting Agency:

> Bureau of Land Management, Palm Springs -- South Coast Field Office

6.  **IA ADMINISTRATION (PARTICIPANTS) CONTACTS.**

  ------------------------------------ ----------------------------------
  **BIA Project Contact**              **BLM Project Contact**

                                       

                                       

                                       

                                       

  Phone:                               Phone:

  FAX:                                 FAX:

  E-Mail:                              E-Mail:
  ------------------------------------ ----------------------------------

**7. IA ACQUISITION (PRINCIPLE) CONTACTS.**

  ------------------------------------ ----------------------------------
  **BIA Administrative Contact**       **BLM Administrative Contact**

                                       

                                       

                                       

                                       

  Phone:                               Phone:

  FAX:                                 FAX:

  E-Mail:                              E-Mail:
  ------------------------------------ ----------------------------------

**8. PAYMENTS AND BILLING**.

> Funding method: The maximum total cost liability to the BIA BIfor this
> instrument is \$494,334. Transfer of Funds to the BIA will be through
> the Department of Interior wildland operations account and through the
> BLM.
>
> A detailed list of charges incurred by the recipient/cooperator will
> be made available upon request. Any excess funds not used for the
> agreed costs shall be refunded to the BIA upon expiration of this
> instrument.

A.  Funding Amount

    1.  FY 2004 Funding Data.

> **FY 2004**
>
> **[Accounting Structure]{.underline} [Funding Amount]{.underline}**
>
> \$494,334

**9. TERMS OF AGREEMENT**.

A.  AMENDMENT.

    1.  Either party may initiate amendments within the scope of
        services. Proposed amendments must be submitted to the other
        party not less than thirty days prior to the desired
        implementation date and must be agreed to and approved in
        writing by both parties.

> \(2\) Any changes to the provisions of this IA will be by a written
> amendment signed by the all parties hereto.
>
> \(3\) Verbal or written statement by a person not a party hereto has
> no substance in fact and is not binding on the signing parties hereto.
>
> B. TERM OF AGREEMENT.
>
> The instrument is executed as of the date of the last signature and is
> effective through September 30, 2004 at which time it will expire
> unless extended.
>
> C. TERMINATION.
>
> This agreement may be terminated by either of the parties hereto upon
> written notice from either party delivered to the other party 30-days
> prior to the intended date of termination. By such termination,
> neither party may nullify obligations already incurred for performance
> or failure to perform prior to the date of termination. Additionally,
> the BLM will receive the product, partially or fully completed,
> developed and paid for through date of termination.
>
> D. DISPUTES AND MEDIATION
>
> In the event that any of the provisions of this agreement is the
> subject of a dispute, conflict or are ambiguous with one another and
> cannot be mutually resolved between the contact persons of Item 4 IA
> Administration Contacts, the decisions of the finance persons and
> contracting officers of Item 5 IA Acquisition Contacts will be binding
> in the interpretation of the dispute, conflict or ambiguity. In the
> event a third party is used for mediation, the parties hereto will
> equally share the cost of the mediator. The decision of the mediator
> will be binding on all parties hereto.
>
> F. OBLIGATIONS.
>
> \(1\) The Servicing Agency is not obligated to perform services before
> the Requesting Agency agreed to the IA. The Requesting Agency is
> obligated to complete this agreement in a timely manner.
>
> G. POLICY.
>
> \(1\) All procurement actions taken by the BIA will be in accordance
> with the procedures under the appropriation funding guidelines of the
> BLM.
>
> H. ADMINISTRATIVE FEES.
>
> \(1\) There will be no administrative fees of the Servicing Agency.
>
> I. DISSEMINATION.
>
> \(1\) The Contracting Officer, Requesting Agency will distribute
> copies of the IA or amendments within ten (10) working days after
> execution of all parties. At a minimum the Contracting Officer,
> Requesting Agency will:
>
> \(a\) Distribute simultaneously one signed copy or reproduction of the
> signed IA to the offices mentioned in Item VI, and VII, and to the
> finance office (funding office) whose funds are cited in the IA.
>
> J. REQUESTS FOR IA INTERPRETION OF PROVISIONS.
>
> \(1\) All requests for interpretation of the IA provisions and third
> party requests for information will be in writing addressed to the
> Contracting Officer, Requesting Agency.
>
> K. CONTRACTUAL ARRANGEMENTS.
>
> \(1\) A copy of the contracted services will be provided to both
> parties.
>
> L. UNEXPENDED FUNDS.
>
> \(1\) Unexpended funds will carry forward into the subsequent Fiscal
> Year provided the IA has not ended. In the event the IA has ended, the
> Servicing Agency will deobligate the balance of funds.
>
> M. INQUIRES.
>
> \(1\) All inquires will be directed to the contracting officer of the
> Requesting Agency.
>
> N. COMMUNICATION AND COOPERATION.
>
> \(1\) Formal and informal exchange of information by and between
> administrators of the IA in a timely manner will promote efficient
> accomplishment of the scope of services.
>
> O. LIABILITY.
>
> \(1\) The Servicing Agency and the Requesting Agency will be liable
> for its own negligence and other torts under the terms of the Federal
> Torts Claims Act, 28 USC Section 2671-2680 (1999). The Servicing
> Agency and the Requesting Agency may be liable for other actions and
> inactions as permitted by applicable law.
>
> P. RELEASE OF CLAIMS
>
> \(1\) The Requesting Agency, upon final payment of the amount(s) due
> under the IA releases the Servicing Agency its officers, agents, and
> employees from all liabilities, claims and obligations whatsoever
> arising from under the agreement. The Requesting Agency agrees not to
> assert to bind the Servicing Agency to any obligation not agreed to
> unless the Servicing Agency has express written authority do so, and
> then only within strict limitations of that authority.
>
> Q. CONFIDENTIALITY.
>
> \(1\) Any confidential information provided to or developed by the
> parties hereto in the performance of the IA will be kept confidential
> and will not be made available to any individual or organization
> without the prior approval of the parties thereto
>
> R. SCOPE OF AGREEMENT.
>
> \(1\) This IA includes all agreements, covenants, and understandings
> between the parties hereto concerning the Scope of Services. No prior
> agreement, covenant or understanding, verbal or in writing, of the
> parties or their agents will be valid or enforceable unless included
> in this IA.

**10. ACCEPTANCES AND APPROVAL.**

> A. Acceptance.
>
> \(1\) Servicing Agency
>
> Name and Title Date
>
> Contracting Officer (If required) Date
>
> \(2\) Requesting Agency
>
> Name and Title Date