MOU-BLM-OR-930-0602 

 MEMORANDUM OF UNDERSTANDING 

Between 

THE CONFEDERATED TRIBES OF THE WARM SPRINGS RESERVATION 

OF OREGON 

And 

USDA FOREST SERVICE: PACIFIC NORTHWEST REGION 

BUREAU OF LAND MANAGEMENT: OREGON STATE OFFICE 

For the Purpose of Providing a Framework for Planning and Implementing 

Forest and Rangeland Restoration and Fuels Reduction Projects 

WHEREAS, over the past decade Tribal forests on the Warm Springs Indian Reservation 

(the “Reservation”) in Oregon and the adjoining U.S. Forest Service (“USFS”) and 

Bureau of Land Management (“BLM”) administered lands have been subjected to 

repeated uncharacteristic high intensity wildfires, many of which originated on federally 

managed lands. 

WHEREAS, decades of successful fire suppression efforts have created forest conditions 

that are in many cases not conducive to the long term health of native plants and animals, 

and there is now widespread public recognition and acceptance that an active 

management regime is necessary to protect Oregon’s forest ecosystems – regardless of 

ownership, over the long term – including the reduction of hazardous forest fuels in 

coordination with the completion of other restoration activities. 

WHEREAS, because federal agencies have more acres requiring treatment than they can 

treat using available appropriations provided by Congress, forest fuel treatment and 

restoration projects over the long term will benefit from a market solution, such as woody 

biomass energy generation projects, to help the federal agencies meet their goal of 

increasing the number of acres treated per year. 

WHEREAS, woody biomass includes all vegetative materials grown in forest, woodland 

or rangeland environments that are the by-products of management, restoration or 

hazardous fuel reduction treatments; and woody biomass utilization is the harvest, sale, 

trade or use of biomass to produce a product or energy. 

WHEREAS, the Confederated Tribes of the Warm Springs Reservation of Oregon 

(“CTWS”) is a sovereign government whose interests include protecting and preserving 

tribal treaty, trust and reserved rights and interests within Tribal usual and accustomed 

areas on lands ceded to the United States and in aboriginal use areas, include protecting 

the Reservation and its members from hazardous forest fires and conditions, and 

promoting business enterprises to support the welfare and economic self-sufficiency of its 

members. 

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WHEREAS, CTWS owns business enterprises, including Warm Spring Forest Products 

Industries (“WSFPI”) and Warm Springs Power Enterprises (“WSPE”); is currently 

generating power at the WSFPI mill site burning residual mill material and biomass from 

forest fuels treatment projects on the Reservation; is currently a co-licensee of power 

production activities for the Pelton Round-Butte Hydroelectric project; is currently 

manufacturing lumber; and is actively involved (with the Bureau of Indian Affairs) in the 

management of tribal forest lands, thus demonstrating all the skills necessary to 

implement this Memorandum of Understanding (“MOU”). 

WHEREAS, CTWS has developed plans for expanding its existing biomass generation 

capacity at the WSFPI mill site to a net generating capacity of 15.5 megawatts (the 

“Biomass Facility”) and has identified that approximately 150,000 bone dry tons of 

biomass will be necessary to fuel such a facility on an annual basis, that 80,000 bone dry 

tons of that annual biomass material be sourced from vegetation management treatments 

on an estimated 8,000 acres of surrounding federal lands, and that the remaining 70,000 

bone dry tons of biomass material may be sourced from a combination of on-Reservation 

and other off-Reservation sources. 

WHEREAS, the USFS and BLM recognize that CTWS will have to invest significant 

resources to enable expansion of its Biomass Facility at the WSFPI mill site, recognize 

that CTWS and/or a subsidiary of CTWS such as WSFPI or other entity formed for the 

Biomass Facility expansion and/or operation will need to seek satisfactory financing to 

fund such investment, and recognize the intent to fulfill the participation objectives in this 

MOU. 

WHEREAS, in the Central Oregon region, Federal land management agencies treat an 

average of 60,000 acres each year by mowing underburning, piling, and thinning of dense 

and overcrowded stands, have identified a goal to increase the number of acres treated 

per year, have identified a need to reduce fuels on approximately one million acres over 

the next 10 years (100,000 acres per year), and have identified potential opportunities for 

biomass utilization, in particular, on 170,000 acres over the next five years. 

WHEREAS, of the 60,000 acres treated in Central Oregon, the USFS and BLM have, 

since 2001, treated an average of 29,200 acres each year on federal lands that are adjacent 

to and/or in close proximity to the Reservation (within a 75 mile radius of the WSFPI 

mill site in Warm Springs), which includes 18,200 acres of fuels treatment and 11,000 

acres of timber harvest and thinning. Both agencies expect these treatments to continue 

into the future and have a goal of increasing the number of acres treated per year in areas 

adjacent to and/or in close proximity to the Reservation. 

WHEREAS, CTWS, USFS and BLM are signatories to the Central Oregon Partnership 

for Wildfire Risk Reduction (“COPWRR”), Coordinated Resource Offering Protocol 

(“CROP”) statement of collaboration; the program is intended to develop a regional 

offering protocol in Central Oregon, taking into consideration ecosystem, fuel treatment 

and community needs, that will achieve the necessary predictability, stability, and 

levelization of woody biomass supply to enable businesses to invest in technologies and 

product development such as biomass energy generation; and the 75 mile radius around 

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the WSFPI mill site has been identified as a CROP working circle and demonstration 

project for the purpose of applying such offering protocols to identify a stabilized supply 

of woody biomass materials that can be offered for utilization. 

WHEREAS, CTWS, whose professional management of its own extensive forests have 

earned it Forest Stewardship Council certification as a green forest manager and which 

further has the specialized knowledge and expertise to ensure the appropriate restoration 

of tribally significant resources has the necessary credibility to be entrusted with longterm forest fuel reduction/forest health remediation efforts on both public and private 

lands. 

WHEREAS, as distinct from general public trust responsibilities, the United States 

Government has a unique legal relationship with American Indian tribes as set forth in 

the Constitution of the United States, treaties, statutes, executive orders, and court 

decisions. The policy of the United States Government is to protect treaty-based fishing, 

hunting, gathering, and similar rights of access and resource use on federal lands. 

WHEREAS, CTWS, the USFS and BLM have developed a strong working relationship 

as evidenced by the Memorandum of Understanding (April 25, 2003) (the “April 23, 

2003 MOU as updated”) stating the mutual benefits and interests of government-togovernment consultation and collaboration on resource management plans, proposals, 

actions and policies and setting forth a framework for governmental relations, 

coordination and collaboration efforts between the agencies. 

WHEREAS, the USFS, BLM and CTWS (the “Parties”) desire to develop a framework 

for a long-term resource management program on federal lands managed by USFS and 

BLM to achieve identified management objectives related to hazardous fuel treatment 

needs and forest ecosystem, watershed, wildlife, fish and tribal asset protection and 

restoration needs. 

I. Purpose and Objectives. 

A. Purpose. The purpose of this MOU is to develop a framework for a longterm resource management program on federal lands managed by the USFS and BLM 

between the signatory governments to achieve certain management objectives intended to 

address the following identified needs: 

1. Hazardous fuel treatment needs. Millions of acres of forestlands in 

the western United States contain a high accumulation of flammable fuels compared to 

fuel conditions prior to the 20th century. The fuel build-up can be attributed to numerous 

factors including past land management practices and decades of successful fire 

suppression. In recent years federal land management agencies have focused their efforts 

on reducing fuels as a result of the large and destructive wildfires that have occurred 

throughout the West. These wildfires have put many values at risk including homes, 

sensitive or protected fish and wildlife habitat, cultural and tribally-significant resources, 

critical infrastructure, firefighter health and public safety, soil productivity, aesthetics, 

clean air, and other important components of forest ecosystems. Over the past decade 

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Tribal forests, adjoining national forests and BLM-managed lands have been subjected to 

repeated large wildfires, many of which originated on federally managed forests or 

rangeland. 

As noted above, federal land management agencies have identified a need to 

reduce fuels on approximately one million acres over the next 10 years (100,000 acres 

per year) as well as a goal to increase the number of acres treated each year with fuels 

reduction and forest restoration activities. Presently, agencies treat an average of 60,000 

acres each year by mowing, underburning, piling and thinning of dense and overcrowded 

stands. The cost for many of these vegetation treatments can be expensive. While much 

of the woody biomass byproducts of these activities could be used as biomass fuel, the 

current market for biomass material in Central Oregon is limited primarily by a lack of 

nearby facilities that can utilize the material. Creation of a market for typically 

unmerchantable/under utilized material generated from vegetation treatment activities 

will provide agencies with opportunities to remove woody biomass that has traditionally 

been piled and burned and may provide opportunities for using retained receipts for 

service-oriented work on federal lands. 

2. Forest ecosystem, watershed, wildlife, fish and tribal asset 

restoration needs. In fire-adapted ecosystems such as those adjacent to the Reservation, 

wildfires play an integral part to the health of such ecosystems. However, 

uncharacteristic large scale high intensity fire events—which, for the reasons noted 

above, threaten to occur in these ecosystems--present a significant threat to forest 

ecosystems, watersheds and fish and wildlife habitat as well as to tribal cultural and 

treaty, trust and reserved resources. For example, the cultural and subsistence foods on 

which tribal members rely, such as huckleberries, salmon or deer, may be destroyed or 

altered, and ecological conditions that support cultural foods and medicines may be 

changed for short or long periods of time. Cultural archeological sites may also become 

exposed by removal of vegetation or damaged due to fire suppression activities. Current 

management regimes have created conditions that pose other threats to these resources. 

For example, in forestlands, road systems can contribute to water quality problems, 

degradation of fish habitat, introduction of noxious species, and degradation of big game 

habitat and cultural foods. The forest ecosystem, watershed, wildlife, fish and cultural 

food and other treaty, trust and reserved asset restoration needs subject to fire threats and 

other resource management-related conditions are varied, depending on the particular 

threat and the resource involved. In general, however, these restoration needs will be 

identified as they relate to high priority resources, including, but not limited to, water 

quality and quantity, salmon, steelhead, resident trout, whitefish, lamprey, deer, bighorn 

sheep, elk, eagles, huckleberries, choke cherries, roots, red cedar, camas, celery, and bear 

grass. 

3. Geographic Scope. The scope of this MOU is intended to address 

the treatment and restoration needs on federal forest and range lands that include but are 

not limited to the Mt. Hood National Forest, the Willamette National Forest, the 

Deschutes National Forest, the Ochoco National Forest, the Crooked River Grasslands 

and the Prineville District BLM lands. 

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MOU-BLM-OR-930-0602 

B. Objectives. The tribal and federal governments intend to work together to 

achieve the following management objectives, stated broadly: 

1. Improve and protect: 

a. the vitality of forest and range ecosystems and the 

resiliency of such ecosystems to threats from fire, disease, 

and invasive and noxious species, including improving soil 

productivity and the use of prescribed fire or vegetation 

removal to promote healthy forest and range stands; 

b. water resources, including watershed health and 

productivity, water quantity and water quality; 

c. habitat for wildlife and fisheries; 

d. tribal treaty, trust and reserved resources, including tribal 

cultural and subsistence foods and materials and the 

landscape that supports such resources; 

e. air quality, including minimizing air quality impacts by 

removing excess biomass before the introduction of fire; 

and 

f. the commercial value of forest biomass for producing 

electric energy and other beneficial uses. 

2. Reduce: 

a. hazardous forest fuels on federal lands; 

b. fire hazards to tribal lands, other tribal treaty, trust and 

reserved resources, at-risk rural communities, and 

municipal water supplies; and 

c. prevalence of noxious and exotic weeds and reestablish 

native species. 

3. Facilitate: 

a. the re-introduction of fire in fire-dependant ecosystems by 

removing unnatural accumulations of fuel prior to reintroducing fire; 

b. a market-based solution for hazardous fuel reduction and 

biomass removal on federal, private and tribal lands; 

c. generation of renewable and sustainable energy; 

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MOU-BLM-OR-930-0602 

d. economic opportunities in an economically depressed area; 

e. the systematic gathering of information to improve forest 

and range management; 

f. the continued economic vitality of the existing forest 

products industry infrastructure, including emphasizing the 

best and highest market in implementation of this MOU; 

and 

g. implementation of sustainable forestry practices and 

restoration forestry principles on a landscape level scale. 

II. Guiding Authorities and Agreements. 

A. For CTWS: The following authorities authorize CTWS to execute this 

MOU: the Treaty with the Tribes of Middle Oregon (12 Stat. 963), Article 5, Section 

1(a), (f), and (l) of the Tribal Constitution, and Tribal Council Resolution 10,556 

(October 24, 2005). 

B. For USFS and BLM. The following authorities authorize the USFS and 

BLM to enter into this MOU: For the USFS--Multiple-Use and Sustained Yield Act of 

1960, 74 Stat. 215, and for the BLM--The Federal Land Policy and Management Act, 43 

USC 1701-1748. 

C. For the USFS, BLM and CTWS: Implementation of this MOU shall be 

guided by the following authorities including, but not limited to, the April 23, 2003 

MOU, as updated, the Memorandum of Agreement between the Department of Energy, 

the Department of Interior and the U.S. Department of Agriculture, dated January 21, 

2005, the January 20, 2005 (as updated) Central Oregon Partnerships for Wildfire Risk 

Reduction (COPWRR), OR Solutions CROP Initiative Declaration of Cooperation, the 

Healthy Forests Restoration Act of 2003 (Public Law 108-148), the Tribal Forest 

Protection Act of 2004 (Public Law 108-278), the Stewardship End Result contracting 

authority (16 USC § 2104 Note), and the Energy Policy Act of 2005. 

III. Party Commitments. 

A. For the USFS and BLM: 

1. The USFS and BLM commit to offering woody biomass for 

utilization as a component of all applicable contracts or agreements offered under this 

MOU. Such contracts and agreements would contain an optional provision that would 

allow the contractor to remove woody biomass for utilization. Removal may require 

payment of a minimum appraised value or payment for services if such removal is 

required by the government. This option would be contained in any type of contract or 

agreement the federal agencies utilize for vegetation management projects which are 

expected to generate woody biomass, unless such biomass was reserved for ecological 

reasons. The USFS and BLM also agree to utilize the full variety of contracting methods 

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available under current statutes and authorities. These include competitive stewardship 

contracts, traditional service and timber contracts, and sole source agreements with the 

CTWS under the Tribal Forest Protection Act. As provided and consistent with this 

MOU and to the extent permitted by and consistent with all applicable laws and land use 

plans, the USFS and BLM agree to offer 8,000 acres per year for forest restoration and 

fuels reduction projects within the geographic scope of this MOU which will yield 

approximately 80,000 Bone Dry Tons of biomass per year. 

2. The annual 8,000 acre figure identified above fits comfortably 

within the federal land management agencies’ assessment of hazardous fuel treatment 

current practices, needs, and goals. As noted above, of the 60,000 acres treated in the 

Central Oregon region, the USFS and BLM have, since 2001, treated an average of 

29,200 acres each year on federal lands adjacent to and/or in close proximity to the 

Reservation. Both agencies expect these treatments to continue into the future with the 

goal of increasing the number of acres treated per year in areas adjacent to and/or in close 

proximity to the Reservation and in the wider Central Oregon region. 

3. It is the intent of the USFS and BLM to require that merchantable 

saw log volume other than incidental volumes associated with forest fuels treatment 

projects, restoration projects, and sole-sourced projects under the Tribal Forest 

Protection Act be merchandised and sold into the highest and best markets (the market in 

which the purchaser is the person or entity that can pay the most for the material and can 

otherwise maximize the use and/or benefit of the material). 

B. For CTWS: CTWS agrees to offer to provide, as appropriate—at its cost 

(including reasonable indirect costs)—its assistance and expertise in implementation of 

this MOU, including but not limited to: 

1. planning assistance, including gathering and compilation of 

resource and geotechnical data, contributing tribal expertise in resource and forestry 

management, coordinating stakeholder participation in the context of CROP collaboration 

efforts; 

2. monitoring assistance, including gathering and compilation of 

resource and geotechnical data and coordinating stakeholder participation in the context 

of CROP collaboration efforts; 

3. project implementation, including contributing tribal expertise in 

tribal treaty, trust and reserved resources and tribal expertise in sustainable and 

restoration forestry practices; 

4. administration assistance, including development of annual reports, 

NEPA compliance and contract and agreement implementation. 

Depending on the execution of this MOU, the availability of acceptable financing, 

sufficient quantity of other biomass fuel sources and an adequate power sales market, 

CTWS further commits to expanding its existing biomass generation capacity at the 

Warm Springs mill site up to a net generation capacity of 15.5 megawatts. 

W328.0\MOU-OR-930-0602.doc 7 
MOU-BLM-OR-930-0602 

C. For CTWS, USFS and BLM: 

1. The annual 8,000 acre figure in Section III.A.1 above recognizes 

the intent of the agencies and CTWS to facilitate the purpose and objectives of this MOU 

to maximize the capability to address hazardous forest fuel treatment needs and forest 

ecosystem, watershed, wildlife, fish and tribal asset restoration needs. Building and 

maintaining a healthy market for biomass material is one critical element to maximizing 

this capability. CTWS, USFS, and BLM will rely on the planning efforts through the 

Coordinated Resource Offering Protocol (“CROP”) initiative to help maintain a levelized 

supply for such markets and to help identify other flexible responses for maintaining such 

markets. USFS, BLM and CTWS further recognize that circumstances beyond the 

control of the agencies and CTWS, such as delays due to litigation, broad-reaching court 

decisions, and congressional appropriations and funding, may impact the timing, scope 

and method of implementing the MOU and may require flexible responses to achieve the 

intent of this MOU on an ongoing basis. In addition to the flexibility that the CROP 

initiative may provide, USFS, BLM and CTWS intend to examine and implement other 

solutions that will fulfill commitments necessary to achieve the intent of this MOU. 

2. CTWS, USFS and BLM recognize that the purpose of the biomass 

utilization component under this MOU is to create a financially viable use and market for 

woody biomass material. The Parties recognize that, currently, the cost of biomass 

removal exceeds the market value, if any, for such material and that the mutual success of 

developing an economically viable market for such material will depend on a reliable 

long term supply, reliable markets, and mutual financial feasibility for removing and 

utilizing the material. In building this market, the parties will use a fair and transparent 

process for assigning value to woody biomass material. 

IV. Working Relationships. Working relationships under this MOU shall be 

consistent with the April 25, 2003 MOU, as updated, between the Parties. The April 25, 

2003 MOU states the mutual benefits and interests of government-to-government 

consultation and collaboration on resource management plans, proposals, actions and 

policies and sets forth a framework for governmental relations, coordination and 

collaboration efforts between the Parties. Within the context of the working relationships 

set forth in the April 25, 2003 MOU, this MOU is intended to focus on the mutual 

interests that the USFS, BLM and CTWS have in forest and range restoration and fuels 

reduction projects, including biomass utilization, and is intended to provide the 

framework for planning and implementing such mutually beneficial projects. 

V. Identification and Implementation of Projects under this MOU. Identification 

and implementation of projects under this MOU shall be through an adaptive resource 

management model as described below. The projects developed under this MOU will be 

an example of and will implement the COPWRR CROP initiative. Accordingly, 

implementation of this MOU will significantly rely on protocols and collaborative 

planning and monitoring efforts of the CROP initiative. 

A. Adaptive Resource Management: An adaptive resource management 

concept recognizes the ability to adjust or modify management activities to respond to the 

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needs of the resource. Forestry, fish and wildlife, and other natural and cultural resources 

are not static, but are part of dynamic ecosystems that are subject to ever changing 

conditions both internally and from external pressures. In the circumstance where land 

managers plan a long-term program for resource management, to ensure the most 

beneficial and effective results, it is necessary to have a flexible planning process that can 

direct activities to meet pressing and priority resource needs, based on conditions at that 

time. The purpose of adaptive resource management is to facilitate making, revising and 

amending management decisions throughout the term of the program at scheduled times 

to review resource conditions and new scientific information that has been developed. In 

addition, there are circumstances where managers would consider new information or 

changed resource conditions before such scheduled reviews. That is not to say that 

adaptive resource management is a reactive tool—short term response to imminent 

threats or emergencies. Its intended focus is to protect, strengthen, and enhance natural 

and cultural resources and improve their resilience to detrimental influences or impacts. 

In addition, setting and adjusting priorities for resource management are enhanced by 

reaching a consensus of diverse perspectives that are based on solid scientific information 

and local knowledge. Adaptive resource management embodies the principles of: 

1. Stakeholder involvement; 

2. Collaborative planning; 

3. Proactive (not reactive) planning throughout term of the 

management program; 

4. Priority management based on resource needs, human health 

considerations, and available funding; 

5. Information-based decision-making utilizing best-available 

scientific data; 

6. Coordinated management focusing on ecosystem health; 

7. Consistent scientific monitoring; 

8. Focus on outcomes; and 

9. Moving ecosystem health in an upward trend and maintaining 

current healthy ecosystems for the long term as sustainable assets 

for future generations. 

B. Stakeholder Involvement. Stakeholder involvement in the adaptive 

resource management process is through multi-stakeholder collaborative planning efforts. 

The focus for such multi-stakeholder collaborative planning efforts shall be through 

ongoing collaborative work of the COPWRR CROP initiative. The COPWRR CROP 

collaborative efforts have been focused on including stakeholders whose interests align 

with place-based (Central Oregon) and issue-based (wildlfire risk reduction) issues. It is 

the intent of this MOU to continue with and build on the COPWRR CROP collaboration 

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and ensure that all interested stakeholders in projects developed under this MOU can be 

included in collaborative planning efforts. For example, stakeholders for projects 

developed under this MOU have been identified as generally falling within four 

categories, but are not limited to such categories: (1) federal, state and local 

governments/agencies and community organizations within or proximate to a project 

area; (2) environmental organizations with special interest and expertise in forest and 

ecosystem management in the geographic scope of project; (3) industry, including 

lumber mills and forest contractors that operate within or proximate to the program area; 

and (4) organizations with a focus on sustainable economic development and job 

creation. It is anticipated that collaborative planning shall focus on two major categories: 

(1) project planning and (2) environmental monitoring. These collaborative efforts will 

be organized around an information-based planning model and will assist in the 

development of phased implementation, project identification, development of project 

protocols, and development of environmental monitoring protocols, implementation and 

reporting. 

C. Collaborative Planning. Stakeholder collaboration efforts shall be 

primarily coordinated through the ongoing collaboration efforts of the COPWRR CROP 

initiative. CROP initiative collaboration efforts encourage achieving a consensus. It is 

the intent of the Parties that recommendations made to the USFS and BLM by 

collaboration planning stakeholders could be adopted as the decision by the USFS and 

BLM. To be most helpful to the USFS and BLM for decisions under this MOU, 

recommendations from collaborative planning efforts should be based on the good faith 

participation of the stakeholders to reach a consensus, on the best information available 

(as described in Section V.E) and must take into consideration the MOU’s Purpose and 

Objectives (Section I) and relevant Management Considerations (defined in Section 

V.D). Recommendations from the collaborative planning efforts shall not abrogate or 

limit the approval authority of USFS or BLM as relevant to their management 

responsibilities and requirements to comply with federal law or to the terms of this MOU. 

Stakeholder participation shall be open to all appropriate stakeholders and may vary 

depending on the projects being contemplated and the zone of interests each project 

impacts. For stakeholder involvement in projects developed under this MOU, it is 

anticipated that CTWS, USFS and BLM will plan annual meetings with participating 

stakeholders, produce annual reports with stakeholder input, and consult with interested 

stakeholders respecting project planning and environmental monitoring: 

1. Project Planning. The Parties expect that stakeholders 

participating in project planning collaborative efforts will assist by providing 

recommendations regarding the development of phased implementation, project 

identification and development of project protocols. Participating stakeholders will 

define their own participation in such planning efforts, but it is expected that the Parties 

will desire and request consultation for the following: 

a. Development of MOU implementation phased plans and 

schedule; 

b. Development of project plans and protocols; 

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c. Identification of project implementation 

agreements/contracts; and 

d. Development of annual reports related to MOU and project 

implementation. 

2. Environmental Monitoring Collaborative Planning. The Parties 

expect that stakeholders participating in environmental monitoring collaborative planning 

will assist in the development of environmental monitoring protocols, implementation 

and reporting. Participating stakeholders will define their own participation in such 

planning efforts, but it is expected that the Parties will desire and request consultation for 

the following: 

a. Preparation of annual reports related to monitoring; 

b. Preparation of project-specific monitoring reports; 

c. Preparation of project-level monitoring plans and protocols; 

and 

d. Implementation of the monitoring plans. 

D. Management Considerations. Management considerations for USFS or 

BLM offerings developed under this MOU are derived from the Purpose and Objectives 

(Section I) of this MOU and include, but are not limited to, the following: 

1. Impact on tribal culturally significant species; 

2. Impact on tribal trust and reserved resources; 

3. Impact on high-priority resources; 

4. Impact on high-priority environmental values, including but not 

limited to air quality, watershed conditions, water quality and 

water quantity; 

5. Economic feasibility – project costs; 

6. Available funding and financing; 

7. Impact on identified Wildland Urban Interface areas; 

8. Impact on high fire risk areas and communities; 

9. Likelihood of multiple benefits; 

10. Consistency with Warm Springs Integrated Resources 

Management Plan; 

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11. Consistency with First Foods Program protocols as relevant; 

12. Consistency with Tribal Restoration Plan; 

13. Consistency with local Community Fire Plans as relevant; 

14. Consistency with relevant federal resource management plan; and 

15. Consistency with restoration forestry principles. 

E. Information-Based Decision-Making. Information-based decision-making 

means that the USFS and BLM will strive to assess the best scientific and other credible 

information available as relevant to the Management Considerations and other 

considerations used by the USFS and BLM in making their decisions under this MOU. 

To assist the USFS and BLM in their decision-making, recommendations from the 

collaborative planning efforts should be primarily based on solid scientific and credible 

information. 

F. Coordinated Management. Coordinated management means that project 

planning, implementation and monitoring will be based on coordination and timely 

communication by the federal agencies, CTWS and stakeholders. Its objective is to 

coordinate management activities across political and social boundaries and focus 

management on proactive activities for ecosystem health. 

G. Proactive (Not Reactive) Planning. Proactive planning focuses on 

management activities that will reduce fire hazards, enhance long-term ecosystem health 

and restore cultural resources (e.g., First Foods). It is intended to focus on priorities that 

will restore fire-adapted systems and will protect, strengthen, and enhance natural and 

cultural resources and improve their resilience to detrimental influences or impacts. 

H. Consistent Scientific Monitoring. Consistent scientific monitoring 

includes short term monitoring responsibilities such as implementation monitoring and 

long-term monitoring issues such as soils and water quality. It includes ensuring that 

consistent and compatible data is collected to the extent possible within and across 

phased projects plans. The goal of consistent monitoring over time is to determine if a 

specific or desired outcome was obtained or achieved and to obtain a picture of 

ecosystem health parameters. Monitoring efforts will be primarily coordinated through 

the COPWRR CROP initiative. Such monitoring will focus on (1) monitoring economic 

performance of the CROP initiative; and (2) monitoring environmental performance of 

the projects implemented. 

I. Phased Implementation. 

1. Phased Projects Plans. This MOU will be implemented through 

projects completed in phases in conjunction with federal, CTWS and CROP resource 

planning efforts. Phased projects plans will be developed through a collaborative 

planning process described above. While individual projects including monitoring efforts 

may be identified and entered into under this MOU, it is anticipated that individual 

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projects and monitoring efforts will be planned and grouped in distinct phases to facilitate 

coordinated longer-term management. It is anticipated that a typical phased projects plan 

will cover multiple years, from 3 to 7 years. However phased projects plans may be 

longer or shorter as appropriate to planning objectives. While it is anticipated that phases 

will be consecutively implemented, phases may be planned for consecutive, overlapping 

or concurrent implementation. 

2. Phased Projects Plan/Vehicles. Phased projects plans will be 

implemented through a variety of contracting and agreement vehicles, including but not 

limited to, the vehicles authorized under the Healthy Forests Restoration Act, 

Stewardship End-Result contracting authority, Tribal Forest Protection Act, traditional 

service or timber contract authorities, and cooperative agreements. Phased projects plans 

will be awarded on an open-competitive basis, on a best-value (stewardship) basis, or on 

a sole-sourced basis to CTWS, depending on the specific circumstances and authority 

used. Where CTWS administers a phased projects plan, unless specifically provided 

otherwise, CTWS may use a variety of tools for implementation, including subcontracts 

with tribal and non-tribal entities as consistent with tribal and federal law. CTWS also 

intends to merchandise and sell merchantable saw log volumes other than incidental 

volumes associated with forest fuels treatment and restoration to the highest and best 

markets as most appropriate for the circumstances of the project and in the best interests 

of CTWS. 

3. Collaborative Planning General Administration. As noted above, 

project planning and monitoring efforts shall be conducted through a collaborative 

planning process, described above. This process will be primarily implemented and 

administered through the COPWRR CROP initiative. However, within the context of the 

CROP initiative, CTWS shall take the lead to ensure that collaborative efforts are 

initiated with interested stakeholders at desired consultation points. 

VI. Freedom of Information Act (FOIA). Any information furnished to the USFS 

or BLM under this instrument is subject to the Freedom of Information Act (5 U.S.C. 

552). 

VII. Modification. Modifications within the scope of the instrument shall be made by 

mutual consent of the Parties, by the issuance of a written modification, signed and dated 

by all of the Parties, prior to any changes being performed. 

VIII. Participation In Similar Activities. This instrument in no way restricts the 

USFS, BLM or CTWS from participating in similar activities with other public or private 

agencies, organizations, and individuals. 

IX. Commencement/Expiration Date. This instrument is executed as of the date of 

last signature and is effective through January 31, 2026 at which time it will expire unless 

extended and, during its entire term, will be reviewed as frequently as annually and no 

less frequently than every five years. While it is the intention of all Parties hereto that 

this MOU will remain in effect until terminated, the inclusion of this clause is required by 

W328.0\MOU-OR-930-0602.doc 13 
MOU-BLM-OR-930-0602 

regulations of the U.S. Department of Agriculture and it will ensure the review of the 

entire agreement at least every five years. 

X. Termination. Any of the Parties may terminate the instrument in whole, or in 

part, before the date of expiration. upon providing reasonable written notice at least one 

year before the termination will be effective. 

XI. Principal Contacts. The principal contacts for this instrument are: 

USFS Principal Contact 

USDA Forest Service 

Forest Supervisor 

Deschutes National Forest 

Bend, OR 97702 

(541) 383-5562 

BLM Principal Contact 

USDI Bureau of Land Management 

District Manager 

Prineville District 

3050 NE Third Street 

Prineville, OR 97754 

(541) 416-6700

CTWS Principal Contact 

General Manager, Natural Resources Division 

Confederated Tribes of the Warm Springs 

Reservation of Oregon 

Mr. Robert Brunoe 

P.O. Box C 

Warm Springs, OR 97761 

(541) 553-3548 

XII. Non-Fund Obligating Document. This instrument 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 executing this instrument 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 agreements that shall be made in writing by representatives of the Parties and 

shall be independently authorized by appropriate statutory authority. This instrument 

does not provide such authority. Specifically, this instrument does not establish authority 

for noncompetitive 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. 

This Memorandum of Understanding Dated: January 25, 2006 

W328.0\MOU-OR-930-0602.doc 14 
_______________________________ _______________________________ 

________________________________ ________________________________ 

________________________________ ________________________________ 

________________________________ ________________________________ 

MOU-BLM-OR-930-0602 

Signature Page 

Ron Suppah 

Chairman, Tribal Council 

The Confederated Tribes of the Warm 

Springs Reservation of Oregon 

Elaine Marquis-Brong 

State Director, Oregon/Washington 

Bureau of Land Management 

Leslie Weldon 

Forest Supervisor, Deschutes National 

Forest 

USDA Forest Service 

A. Barron Bail 

District Manager, Prineville District 

Bureau of Land Management 

W328.0\MOU-OR-930-0602.doc 15 

Linda Goodman 

Regional Forester, Pacific Northwest Region 

USDA Forest Service 

Gary Larsen 

Forest Supervisor, Mt. Hood National Forest 

USDA Forest Service 

Jeff P. Walter 

Forest Supervisor, Ochoco National Forest 

USDA Forest Service 

Jody Calica 

Secretary-Treasurer 

The Confederated Tribes of the Warm Springs

Reservation of Oregon