MEMORANDUM OF UNDERSTANDrNG 

Between 

OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT 


UNITED STA TES DEPARTMENT OF THE INTERIOR 


AND THE 


U.S. FISH AND WILDLIFE SERVICE 


UNITED STATES DEPARTMENT OF THE INTERIOR 


This Memorandum of Understanding (MOU) is entered into by and between the Office of 

Surface Mining Reclamation and Enforcement (OSMRE) and the U.S. Fish and Wildlife Service 

(USFWS), collectively referred to as the Parties. 

I. PURPOSE AND SCOPE 

The purpose ofthis MOU is to strengthen migratory bird conservation through enhanced 

collaboration between OSMRE and the USFWS. This MOU focuses on identifying areas of 

cooperation and avoiding or minimizing avian stressors on migratory birds with an emphasis on 

species of concern and their habitats .. This MOU neither creates nor waives any legal 

requirements under the Surface Mining Control and Reclamation Act (SMCRA), the Migratory 

Bird Treaty Act (MBTA), the Bald and Golden Eagle Protection Act (Eagle Act), the 

Endangered Species Act (ESA), the National Environmental Policy Act (NEPA), or any other 

statutes and does not authorize the take ofmigratory birds. 

This MOU establishes how the OSMRE and the USFWS will continue to jointly promote the 

conservation of migratory birds by incorporating bird conservation measures into agency actions 

and planning processes. 

II. AUTHORITIES 

This MOU is entered into primarily under the authorities granted to OSMRE and the USFWS 

under the following laws: 

• 	 Migratory Bird Treaty Act of 1918, as amended ( 16 U.S.C. 703 et seq.); and 

• 	 Surface Mining Control and Reclamation Act of 1977, P.L. 95-87, as amended 

(U .S.C 1234-1328). 

Other legal authorities related to migratory bird conservation and considered by the Parties when 

drafting this MOU include: 

• 	 Bald and Golden Eagle Protection Act, as amended (16 U.S.C. 668 et seq.); 

• 	 Endangered Species Act of 1973, as amended ( 16 U.S.C. 1531 et seq.); 
• 	 Executive Order l 3186, Responsibilities of Federal Agencies to Protect Migratory 

Birds, 2001 (66 FR 3853); 

• 	 Executive Order 11990, Protection of Wetlands, 1977 (42 FR 26961); 

• 	 Executive Order 11988, Floodplain Management, 1977 (42 FR 26951 ); 

• 	 Executive Order 13112, Invasive Species, 1999 (64 FR 6183); 

• 	 Federal Water Pollution Control Act (Clean Water Act), as amended (33 U.S.C. 1251 

et seq.); 

• 	 Fish and Wildlife Conservation Act of 1980, as amended (16 U.S.C. 2901 2911); 

• 	 Fish and Wildlife Act of 1956, as amended (16 U.S.C. 742 et seq.); 

• 	 Fish and Wildlife Coordination Act of 1934 (16 U.S.C. 661-667); 

• 	 Migratory Bird Conservation Act of 1929, as amended (16 U.S.C. 715- 715r); 

• 	 National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.); 

and 

• 	 1996 Biological Opinion as authored by USFWS and OSMRE. 

III. MISSIONS OF BOTH PARTIES 

The provisions ofthis MOU apply to each agency only to the extent permitted by law and 

subject to the availability ofappropriations and within each Party's budgetary limits, and in 

harmony with agency missions. 

Office of Surface Mining Reclamation and Enforcement 

OSMRE is responsible for carrying out the requirements of the Surface Mining Control and 

Reclamation Act of 1977 (SMCRA), in cooperation with states and tribes. One of the primary 

objectives ofthe agency is to ensure that coal mines are restored to beneficial post-mining land 

uses, such as healthy, productive forestland. OSMRE is actively promoting native reforestation 

and reclamation. OSMRE encourages regional initiatives that facilitate partnerships with states, 

conservation groups, major universities, industry, public interest groups, and other Federal 

agencies in a concerted effort to promote native ecosystem reclamation of coal-mined lands. 

Under Title V of SMCRA, states and tribes are encouraged to assume primary responsibility 

(i.e., "primacy") for the regulation of surface coal mining and reclamation operations on nonFederal and, in the case ofstates, non-Tribal lands within their borders. In primacy states and 

tribes, the state or tribal law and regulations become operative and the state or tribal officials 

administer the program; OSMRE's role at that point becomes limited to one ofoversight over the 

effectiveness ofthe state or tribal program. Through its oversight, OSMRE currently encourages 

state regulatory authorities and tribes to work with mine operators and private landowners to: I) 

identify, protect, restore, and enhance habitat of all migratory bird species, 2) collaborate on 

developing, researching and implementing best management practices that avoid or minimize 

negative impacts on migratory bird populations and/or their migration, nesting, foraging, staging, 

and wintering habitats, and 3) prevent, minimize, or abate pollution detrimental to migratory 

birds and their habitats. These objectives are met through OSMRE's required Directive REG-8 

(REG-8), governing oversight responsibilities, commitment to the Forestry Reclamation 

Approach (FRA), and re~mining permits. 

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OSMRE directly administers Title V ofSMCRA in states and tribes that have not assumed 

primacy and on Federal lands that are not covered by a cooperative agreement with a state with 

primacy. OSMRE does not directly carry out actions in primacy states and tribes. As ofthe date 

ofthis MOU, the Secretary of the Interior has delegated primacy to 24 states. In addition, 14 of 

those states have entered into a cooperative agreement with the Secretary that delegates to them 

the authority to regulate surface coal mining and reclamation operations on Federal lands. 

Currently, OSMRE is only the primary regulatory authority in the states ofTennessee and 

Washington, and on Navajo, Hopi, and Crow Tribal Lands. 

Title IV ofSMCRA authorizes OSMRE, states, and tribes to reclaim certain abandoned mine 

lands (AML) with Federal assistance. As under Title V, states and tribes are encouraged to 

assume primary responsibility for the reclamation of AML sites. OSMRE is responsible for 

reviewing proposed AML projects completed with Federal funds for compliance with NEPA 

regardless ofwhether those projects are to be carried out by OSMRE or the states and tribes. As 

ofthe date of this MOU, OSMRE provides Federal funding to 28 states and tribes for AML 

reclamation and other purposes as allowable under SMCRA. 

Therefore, this MOU is only applicable to OSMRE's actions: (I) in states and tribes where it is 

the primary regulatory authority (i.e., states of Tennessee and Washington, and Navajo, Hopi, 

and Crow Tribes), (2) as part of its project approval responsibilities under Title IV, and (3) when 

it performs direct reclamation under Title IV. This MOU does not apply to actions taken directly 

by states and tribes with primacy. 

Fish and Wildlife Service 

The mission ofthe USFWS is to work with others to conserve, protect, and enhance fish, 

wildlife, plants, and their habitats for the continuing benefit of the American people. The 

USFWS Migratory Bird Program serves as a focal point in the United States for policy 

development and strategic planning, program implementation, and evaluation ofactions designed 

to conserve migratory birds and their habitats. 

The USFWS implements the conservation provisions ofthe MBTA and the Eagle Act, which 

includes responsibilities for managing migratory bird populations, domestic and international 

coordination, and the development and enforcement of regulations that govern the take of 

migratory birds. The Migratory Bird Conservation Act established the Migratory Bird 

Conservation Commission to approve land to be acquired with Migratory Bird Conservation 

Funds. The Fish and Wildlife Coordination Act (FWCA) applies to federal actions that affect or 

modify waters of the U.S., requires consultation under certain circumstances, and has provisions 

that recognize the important contribution of wildlife resources to the Nation. On all Federal 

actions that include habitat protection through acquisition, enhancement, and/or management, 

and avoidance and minimization of adverse impacts related to Federal actions, the FWCA 

requires equal consideration and coordination ofwildlife conservation with other water resource 

development programs. 

Ecological Services Field Offices across the country serve as the primary contacts for technical 

assistance and environmental reviews involving migratory bird issues, including endangered 

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species. The Field Offices, in coordination as necessary with Regional Migratory Bird Offices, 

review Federal actions related to migratory bird conservation coordination. 

IV. STATEMENT OF MUTUAL BENEFIT AND INTERESTS 

Both Parties have interests and responsibilities in the conservation and management of 

America's natural resources. Both Parties agree that migratory birds are important components 

of biological diversity. The conservation of migratory birds will help sustain ecological integrity 

and ecosystem services, including insect control, pollination, and seed dispersal, and helps meet 

the growing public demand for outdoor education. Migratory birds are also important 

economically, and recreational activities associated with migratory birds contribute economic 

resources to many communities. 

Specifically, the Parties mutually agree that it is important to: I) conserve migratory bird 

populations, 2) conserve and restore migratory bird habitats, and 3) recognize that actions that 

may provide long-term benefits to migratory bird populations may have short-term impacts on 

individual birds. 

V. OBLIGATIONS OF BOTH PARTIES 

The Parties agree that this MOU must be implemented to the extent permitted by law, in 

harmony with agency missions and in compliance with its terms, subject to the availability of 

appropriations. Both Parties will: 

A. 	 Support the conservation intent contained within Executive Order (E.O.) 13186 and the 

migratory bird conventions by integrating migratory bird conservation principles, 

measures, and practices into agency actions to: l) avoid and minimize take ofmigratory 

birds, and 2) avoid and minimize the creation ofstressors on birds or their habitats. 

B. 	 Encourage State and local wildlife agencies to work with mine operators and private 

landowners to identify, protect, restore, enhance, monitor, and manage habitat of 

migratory bird species, with an emphasis on species ofconcern. 

C. 	 Integrate migratory bird resource information into existing outreach and education 

activities, including the ecological and recreational value of migratory birds. 

D. 	 Work collaboratively during the permit application and review process with Federal and 

non~federal partners to identify, protect, restore, and enhance Important Bird Areas 

(IBA), Western Hemisphere Shorebird Reserve Network sites, Ramsar Wetlands of 

International Importance Sites, and priority areas identified by USFWS-led migratory 

bird habitat joint ventures (http://mbjv.org/). 

E. 	 Meet at the mutual discretion ofboth parties as necessary to discuss implementation of 

this MOU, relevant issues, accomplishments (e.g., the annual Report on the Conservation 

of Migratory Birds), and any recommendations concerning strategies for the conservation 

of migratory birds and/or mitigation. 

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F. 	 Provide training opportunities for appropriate OSMRE and USFWS employees 


regarding: 


I. 	 Responsibilities under MBTA, the Eagle Act, and other relevant legal authorities, 

2. 	 Methods for identifying avian stressors, 

3. 	 Techniques for population monitoring and assessing habitat conditions, 

4. 	 Conservation measures for avoiding or minimizing the creation ofavian stressors 

on bird populations and their habitat, including procedures to monitor the 

effectiveness ofthose measures, and; 

5. 	 Current practices for migratory bird habitat restoration and/or enhancement. 

G. 	 Participate annually in the interagency Council for the Conservation ofMigratory Birds 

to evaluate the implementation ofthis MOU. The Council's duties include: 

I. 	 Sharing the latest resource information to assist in the conservation and 

management of migratory birds, 

2. 	 Developing an annual report ofaccomplishments and recommendations related to 

E.0. 13186, 

3. 	 Fostering partnerships to accomplish the goals of E.O. 13186, and; 

4. 	 Selecting an annual nominee for the Presidential Migratory Bird Federal 

Stewardship Award, which recognizes a project or action conducted by or in 

partnership with a federal agency and contributions to the protection of migratory 

birds. 

H. 	 Each agency shall advise the public ofthe availability ofthis MOU through a notice 

published in the Federal Register. 

VI. OBLIGATIONS OF OSMRE 

OSMRE agrees that the commitments made in this MOU will be implemented as appropriate. 

OSMRE will: 

A. 	 Under Title V, where states and tribes have assumed primacy, continue to provide 

oversight over the effectiveness ofthe state or tribal program and ensure that the 

applicable state or tribal agency consults with the USFWS when appropriate as set forth 

in the state or tribal reclamation plan. OSMRE oversight will occur through the 

implementation ofOSMRE's Directive REG-8 that governs oversight responsibilities, 

and a commitment to the FRA; 

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B. 	 Ensure that best management practices for minimizing and mitigating the impacts of 

mining operations on migratory birds are included in any cooperative agreements that 

govern mining and reclamation operations on federal lands (i.e., those between any 

states or tribes which that have assumed primacy and OSMRE). OSMRE will consult 

with USFWS during development of such cooperative agreements, when appropriate. 

C. 	Under Title V, where states and tribes have not assumed primacy, continue to coordinate 

review ofcoal mine permit applications, permit renewals, and significant permit 

revisions with the USFWS to ensure that surface coal mining and reclamation operations 

on lands for which OSMRE has direct regulatory responsibility meet the requirements 

ofthe MBTA and Eagle Act, consistent with 30 CFR §§ 780.16, 784.21 , 816.97, and 

817.97, and implement best management practices that reduce avian stressors during the 

building, operation, and reclamation of a mine; 

The following offices represent the appropriate initial USFWS contacts for notifications 

and permit reviews in the associated geographic locations: 

• 	 Cookeville Ecological Services Field Office - Tennessee; 

• 	 Spokane Upper Columbia Ecological Services Field Office - Eastern 

Washington; and 

• 	 Olympia Ecological Services Field Office - Western Washington 

In other locations, consult the USFWS homepage (www.fws.gov) or the Information, 

Planning, and Conservation system (www.http://ecos.fws.gov/ipac/) to find the 

appropriate office contact; 

D. 	Under Title IV, authorize states and tribes to reclaim AML. During the review of 

proposed AML projects, OSMRE will ensure appropriate NEPA analyses are completed 

and require mitigation of impacts to migratory birds where possible; 

E. 	To the extent that NEPA requires OSMRE to evaluate the expected impact, if any, on 

migratory birds, ensure that NEPA will be used to evaluate applicable OSMRE action, 

including: rulemaking, federal permitting action, or action on a proposed AML project. 

The primary focus ofNEPA evaluations will be to identify project-related impacts to 

species ofconcern, identify appropriate best practices to reduce impacts to migratory 

birds, ensure all avoidance and minimization measures are implemented, and ensure that 

enhancement protocols consistent with post-mining land use will be incorporated; 

F. 	 Continue to evaluate compliance with approved wildlife enhancement and protection 

plans as part of routine mine-site inspections and as required by OSMRE's REG-8, 

which serves as a surrogate for reporting measures of habitat. OSMRE's commitment to 

bird conservation has been demonstrated in the past through the receipt of the 2011 

Presidential Migratory Bird Award; 

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G. 	 Continue to implement, at any decision points, the integration ofmigratory bird 

conservation principles, measures, and practices in a manner that is consistent with 

SMCRA and NEPA regulations and in a manner that provides an opportunity to, as 

practicable, restore and enhance habitat and prevent and abate pollution; 

H. 	 To the extent practicable, incorporate migratory bird conservation plan objectives and 

USFWS recommendations on migratory birds with an emphasis on species of concern or 

endangered and threatened bird species into Title V permits and Federal AML 

reclamation project designs and encourage states and other non-Federal partners to do 

likewise; 

I. 	 Regularly consult with the local and/or regional USFWS tasked with the responsibilities 

outlined in the provisions of this MOU. This includes OSMRE's implementation of 

USFWS' current policy on the take of migratory birds; 

J. 	 Continue to promote FRA principles by training state regulatory authorities through the 

Appalachian Regional Reforestation Initiative (ARRI) training conferences, FRA 

advisories, and including ARRI principles in reclamation activities; and 

K. 	 Encourage regional initiatives that facilitate partnerships with states, tribes, conservation 

groups, major universities, industry, public interest groups, and other federal agencies in 

a concerted effort to promote native species restoration ofcoal-mined lands and joint 

training opportunities with OSMRE and USFWS specifically related to migratory bird 

conservation. 

VII. OBLIGATIONS OF USFWS 

The USFWS agrees that the commitments made in this MOU will be implemented as 

appropriate. The USFWS will: 

A. 	 Cooperate and coordinate with other federal agencies, state agencies, tribal agencies, 

universities, and independent non-governmental organizations to develop and conduct 

surveys that provide reliable information on the status and trends of migratory bird 

populations on national or regional scales. Make existing information available in a 

timely manner to aid the OSMRE in assessing impacts to migratory birds; 

B. 	Maintain and provide OSMRE access to current lists of migratory birds, birds of 

conservation concern, and their habitats that may be located in the coal mining regions 

covered by this MOU, and any other information that will help carry out this MOU; 

C. 	 After notification from OSMRE that a new coal mine permit application, a permit 

renewal, or a significant permit revision is pending, notify OSMRE as to whether the 

USFWS desires a copy ofthe fish and wildlife resource information and protection and 

enhancement plan under 30 CFR 780.16(c) or 784.2 t(c). If so, USFWS will provide 

OSMRE with written comments and suggestions about concerns the USFWS may have 

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regarding migratory birds with emphasis on species ofconcern; 

D. 	Consult with OSMRE, when requested, to provide technical assistance and guidance for 

developing and incorporating best management practices for minimizing and mitigating 

avian stressors into state and tribal programs that regulate mining and reclamation 

operations on non-federal lands and state and tribal cooperative agreements that govern 

mining and reclamation activities on federal lands; 

E. 	 Provide technical and scientific recommendations and support to OSMRE's regional 

initiatives that facilitate partnerships in a concerted effort to promote native species 

restoration ofcoal-mined lands; and 

F. 	 Periodically evaluate the efforts taken under this MOU to avoid or minimize adverse 

impacts to migratory birds and, if necessary, suggest revisions to OSMRE that ensure 

the most effective conservation measures are employed. This should be coordinated 

through the Division ofMigratory Bird Management. 

VIII. DEFINITIONS 

Birds of Conservation Concern - a list, published and periodically updated by the USFWS 

Division ofMigratory Bird Management, that identifies migratory and non-migratory birds of 

the United States and its Territories that are ofconservation concern. The most current version 

ofthe list, Birds ofConservation Concern 2008, is available at 

http://www.USFWS.gov/migratorybirds. 

Migratory Bird- an individual ofany species protected by the MBTA. A list ofmigratory 

birds can be found in 50 CFR § 10.13. 

Mitigation - (a) avoiding an impact altogether by not taking a certain action or parts of an 

action, (b) minimizing the impact by limiting the degree or magnitude ofthe action and its 

implementation, (c) rectifying the impact by repairing, rehabilitating, or restoring the affected 

environment, (d) reducing or eliminating the impact over time by preservation and maintenance 

operations during the life ofthe action, or (e) compensating for the impact by replacing or 

providing substitute resources or environments (from 40 CFR § 1508.20, Council for 

Environmental Quality Regulations for Implementing the Procedural Provisions of the National 

Environmental Policy Act). 

North American Waterbird Conservation Plan (NA WCP) - an international partnership of 

federal, state, provincial, and tribal government agencies, non-governmental organizations, and 

private interests focusing on the conservation of waterbirds, including marshbirds and inland, 

coastal, and pelagic waterbirds (http://www.waterbirdconservation.org). 

North American Waterfowl Management Plan (NA WMP) - an international partnership of 

federal, state, and provincial and tribal government agencies, non-governmental organizations, 

and private interests that encourages the recovery of waterfowl populations through habitat 

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restoration, protection, and enhancement 

(http://www.USFWS.gov/birdhabitat/NA WMP/index.shtm). 

National Environmental Policy Act (NEPA) - the law that requires federal agencies to prepare 

a detailed analysis ofthe environmental impacts oftheir proposed action with alternatives and to 

include public involvement for major federal actions significantly affecting the quality of the 

human environment, found at 42 U.S.C. §§ 4321-4345. 

Partners in Flight (PIF)- a collaborative effort of more than 300 partners, including OSMRE, 

the USFWS and other federal and state government agencies, non-governmental organizations, 

conservation groups, foundations, universities, and industry, focusing on the conservation of land 

birds (http://www.partnersinflight.org). 

Partners in Flight North American Landbird Conservation Plan - a collaborative effort to 

provide a continental synthesis of priorities and objectives that wiII guide land bird conservation 

actions at national and international levels. The Plan covers the 448 species of native landbirds 

that regularly breed in the U.S. and Canada. One hundred ofthese species warrant inclusion on 

the Partners in Flight (PIF) Watch List, because of a combination ofthreats to their habitats, 

declining populations, small population sizes, or limited distributions. Ofthese, 28 species 

require immediate action to protect critically low populations, and 44 more are in need of 

management to reverse long-term declines. This Plan also highlights the need for stewardship of 

the species and landscapes characteristic of each portion of the continent, identifying 158 species 

(including 66 on the Watch List) that are particularly representative of large avifaunal biomes, 

and whose needs should be considered in conservation planning. Taken together, the pool of 

Watch List and Stewardship Species represent the land birds of greatest continental importance 

for conservation action. Although the recommended actions may vary from region to region, no 

area in North America is without a conservation need for landbirds. 

(http://www.partners infl ight.org/cont _plan/). 

Species of Concern - several categories of birds including: ( 1) species listed in the periodic 

report, Birds ofConservation Concern (see above); (2) priority migratory bird species 

documented in the comprehensive bird conservation plans (North American Waterbird 

Conservation Plan, United States Shorebird Conservation Plan, Partners in Flight Bird 

Conservation Plan); (3) species or populations of waterfowl identified as high, or moderately 

high, continental priorities in the North American Waterfowl Management Plan; (4) threatened 

and endangered bird species listed in 50 CFR § 17.11; and (5) META-listed gamebirds of 

management concern (as listed in the Birds of Management Concern list). 

Stressor - any alteration or addition to the environment that impacts birds directly or the 

resources (including habitat) upon which birds depend. 

Take - to pursue, hunt, shoot, wound, kill, trap, capture or collect or attempt to pursue, hunt, 

wound, kill, trap, capture or collect (50 CFR § I0. 12). The Executive Order further defines 

"take" to include intentional take, meaning take that is the purpose of the activity in question, 

and incidental take, meaning take that results from, but is not the purpose of, the activity in 

question. Both intentional and unintentional take constitute take as defined by the MBTA. The 

9 
regulations implementing the Eagle Act define take to mean pursue, shoot, shoot at, poison, 

wound, kill, capture, trap, collect, destroy, molest, or disturb bald and golden eagles (50 CFR 

§ 22.3}. 

United States Shorebird Conservation Plan (USSCP) - an international effort undertaken by a 

partnership of federal, state, tribal, and provincial government agencies, non-governmental 

organizations, and private entities to promote stable and self-sustaining populations of all 

shorebird species. The plan provides a scientific framework to determine species, sites, and 

habitats that most urgently need conservation action (http://www.USFWS.gov/shorebirdplan/). 

IX. DISPUTE RESOLUTION 

Due to the nature ofthis MOU and the shared goals of the Parties, dispute resolution is not 

anticipated and conflict prevention is favored. Collaborative processes, including informal 

meetings or negotiations, will be used to avoid or minimize a dispute. However, should a 

dispute arise, notification of the specific nature ofthe dispute must be delivered in writing to the 

field office ofthe opposing party. Attempts to resolve the matter should occur within 30 days of 

receipt of written notice. Attempts at resolution will first occur at staff levels before being 

elevated, as required, through the Parties' respective organizational structures. For example, in 

the event there is no resolution at the field office level within 30 days, either party may elevate 

the issue to the appropriate officials at regional offices. In the event that there is no resolution at 

that regional office within 30 days, the dispute may be elevated by either party to the 

Headquarters ofeach agency. As a last mechanism for resolving conflicts, Alternative Dispute 

Resolution (ADR) processes will be effectuated through the Department of the Interior's Office 

ofCollaborative Action and Dispute Resolution. 

X. AGREEMENT 

It is Mutually Agreed and Understood that: 

A. 	 This MOU in no way alters or diminishes either Party's obligations or responsibilities 

under any statute or other legal authority. 

B. 	 Either Party may terminate this MOU, in whole or in part, at any time before the date of 

expiration by providing the other Party JO.days written notice to that effect. 

C. 	 Modifications to this MOU will be made in writing by mutual consent of both Parties, 

through an issuance ofa written modification signed and dated by both Parties. 

D. 	 This instrument in no way restricts either Party from participating in similar activities 

with other public or private agencies, governments, organizations, or individuals. 

E. 	 Any information and documents furnished to a Party under this MOU may be subject to 

the Freedom of Information Act (FOIA, 5 U.S.C. § 552). A Party may not release 

documents originating from the other Party to a FOIA requester without first forwarding 

such document(s) to the originating Party for review, determination, and response 

10 

directly to the requester. 

F. 	 The MOU will not change or alter species conservation procedural requirements 

associated with the ESA, including the terms and conditions of existing or future 

biological opinions and incidental take statements, or with agency-defined priority 

species. Each agency's responsibilities towards such species remain unchanged. 

G. 	 This instrument is neither a fiscal nor a funds obligation document, and it does not 

provide authority for obligations ofthat nature. Any endeavor involving reimbursement, 

contribution offunds, or transfer of anything of value between the Parties 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 will be made in writing by representatives ofthe Parties and will be 

independently authorized by appropriate statutory authority. Specifically, this instrument 

does not establish authority for noncompetitive award of any contract or other agreement. 

Any contract or agreement for training or other service must fully comply with all 

applicable requirements for competition. 

H. 	 Any press release that refers to this MOU, or the relationship established between the 

Parties ofthis MOU, must have prior written approval ofboth Parties. 

I. 	 The Parties will schedule, at their mutual discretion, annual meetings at the headquarters 

level to review progress and identify opportunities for advancing the principles ofthis 

MOU. 

J. 	 This instrument in no way alters or takes the place of either Party's requirements for 

conducting environmental analyses, including NEPA requirements. 

K. 	 This MOU is intended only to improve the internal management ofthe executive branch 

ofthe federal government and does not create any right or benefit, substantive or 

procedural, separately enforceable at law or equity by a party against the United States, 

its agencies or instrumentalities, its officers or employees, or any other person. 

L. 	 This MOU does not require or constitute changes to current contracts, permits, or other 

third party agreements, including approved state or tribal mining programs. The MOU 

recognizes that some elements ofthe MOU may not be fully implemented until such time 

as the OSMRE has successfully included them in formal planning processes. 

M. 	 The principal contacts for this instrument are: 

Harry Payne, Chief Brad Bortner, Chief 

Office ofSurface Mining Division of Migratory Bird Management 

Reclamation and Enforcement U.S. Fish and Wildlife Service 

U.S. Department ofthe Interior 	 U.S. Department ofthe Interior 

1951 Constitution A venue NW 5275 Leesburg Pike 


Washington, DC 20240 Falls Church, VA 22041 


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XI. EFFECTIVE DA TE 

This Memorandum of Understanding between the Office of Surface Mining Reclamation and 

Enforcement and the United States Fish and Wildlife Service regarding enhanced collaboration 

to strengthen migratory bird conservation will become effective as ofthe date the last Party duly 

executes it below. This MOU will not automatically expire but will be reviewed within five 

years of the date of execution. 

The Parties have execute,d this agr: ement as ofthe last date shown~bel~ 

I 

D 

J 

ect

eph 

or 

Pizarchik 't ~ Office of Surface Mining 

Reclamation and Enforcement 

c,e uty Director 

p U.S. Fish and Wildlife Service 

Date: /;)._ ..... '7-/k Date: , o { h I•

c.. ------~--­

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