MOU RE CONSERVATION ASSESSMENT BALD EAGLE WITH AZFG.PDF

MEMORANDUM OF UNDERSTANDING
for
CONSERVATION OF THE BALD EAGLE IN ARIZONA
This Memorandum of Understanding (hereafter MOU) renewal is made and entered into by and
among the Arizona Game and Fish Commission, Arizona Public Service, U.S. Bureau of Land
Management (Arizona), Bureau of Reclamation (Lower Colorado Region, Phoenix Area Office),
56th Fighter Wing at Luke Air Force Base (Department of Defense), Maricopa County, National
Park Service (Intermountain Region), Salt River Project, U.S. Army Corps of Engineers (South
Pacific Division), U.S. Fish and Wildlife Service (Southwest Region), U.S. Forest Service
(Southwestern Region), and other signatories for the Conservation of the Bald Eagle in Arizona.
Collectively, the parties to this MOU will be referred to as the Cooperators. All references in this
MOU to the bald eagle are to the wintering and breeding populations of the bald eagles in
Arizona (Haliaeetus kucocephalus).
AUTHORITIES
The Arizona Game and Fish Commission is authorized pursuant to A.R.S. 17-231.B.7 to enter
into this MOU. The Arizona Game and Fish Department and its Director act under the authority
of the Commission. The State of Arizona Required Provisions (Appendix A) is hereby made
part of this agreement.
PURPOSE
The purpose of this MOU is to continue the conservation partnership previously established by a
2007 MOU to maintain, and where feasible and appropriate, enhance the breeding bald eagle
population in Arizona. The baseline for measuring the adequacy of this conservation effort shall
be the bald eagle's status in Arizona in the year the MOU for the Conservation Assessment and
Strategy for the Bald Eagle was originally signed (2007).
OBJECTIVES
This MOU has the following objectives:
1. Implement the "Conservation Assessment and Strategy for the Bald Eagle in Arizona"
(hereafter CAS, see Appendix B).
2. Continue long-standing relationships and participation among the Cooperators as equal
partners committed to conservation of the breeding bald eagle population in Arizona.
3. Maintain the Southwestern Bald Eagle Management Committee (SWBEMC), composed of
signatories to this MOU and additional non-signatory partners, as the primary forum in which
this conservation effort will be administered and monitored.
4. Implement any monitoring program required by Section 4(g) of the Endangered Species Act.
WITNESSETH:
WHEREAS, (a) bald eagles are protected under the Bald and Golden Eagle Protection Act of 1940 as
amended (16 U.S ,C. 668-668d) and implementing regulations at 50 CFR Part 22, the Migratory
Bird Treaty Act (16 USC 703 et seq.), and if applicable, the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.); (b) nearly all breeding bald eagles in the American Southwest

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Re: Conservation of the Bald Eagle in Arizona Page 2
occur in Arizona; (c) the breeding population in Arizona now exceeds established recovery goals,
yet remains vulnerable due to factors described in the CAS; and (d) an aggressive management
program carried out by land and wildlife management agencies, assisted by their public and private
partners, is one reason for bald eagle recovery in Arizona, and remains an effective means of
continuing to conserve the breeding population in Arizona;
WHEREAS, the Arizona Game and Fish Department and .Commission have statutory authority and
public trust responsibility to manage fish and wildlife populations in Arizona and has determined
that support and implementation of the CAS is consistent with its responsibilities under Arizona
Revised Statutes Title 17;
WHEREAS, the Mission of the U.S. Fish & Wildlife Service, a Federal wildlife agency, is to work
with others to conserve, protect and enhance fish, wildlife, and plants and their habitats for the
continuing benefit of the American people. In support of that Mission, the U.S. Fish & Wildlife
Service administers federal regulations protecting the bald eagle, such as the Bald and Golden
Eagle Protection Act of 1940 as amended (16 U.S.C. 668-668d) and its implementing regulations
(50 CFR Part 22) and the Migratory Bird Treaty Act (16 USC 703 et seq.). The U.S. Fish and
Wildlife Service finds that the implementation of the Arizona Bald Eagle Conservation
Assessment and Strategy supports its mission and the conservation of the bald eagle in Arizona.
WHEREAS, Arizona Public Service has determined that support and implementation of the CAS is
consistent with its efforts to help conserve wildlife resources in the State of Arizona. Arizona Public
Service's participation in this MOU shall be administered by its Forestry & Special Programs
Department;
WHEREAS, the U.S. Bureau of Land Management, a Federal land management agency, has the
authority under the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1701 et. seq.;
the Sikes Act, 16 U.S.C. 670a et seq.; and has found that conservation of the Bald Eagle would
be consistent with its special status species policies and land use plans;
WHEREAS, the Bureau of Reclamation, a Federal agency, has determined that support and
implementation of the CAS is consistent with its obligations under the Migratory Bird Treaty Act
(16 USC 703 et seq.) as implemented through Executive Order 13186 - Responsibilities of
Federal Agencies To Protect Migratory Birds (66 FR 3853), to use its authorities in furtherance
of the purposes of the Act by carrying out programs for conservation of migratory birds;
WHEREAS, the 56th Fighter Wing at Luke Air Force Base, a component within the Department of
Defense, a Federal agency, has determined that support and implementation of the CAS will
assist it in complying with the Bald and Golden Eagle Protection Act of 1940, as amended (16
U.S.C. 668-668d) and implementing regulations at 50 CFR Part 22; and has in cooperation with
the U.S. Fish and Wildlife Service and the Arizona Game and Fish Department, prepared and
implemented an integrated natural resource management plan (INRMP) pursuant to the Sikes
Act (16 USC 670a et seq.) for the conservation and rehabilitation of natural resources on the
installation, and has determined that support and implementation of the CAS is consistent with
the INRMP;
WHEREAS, Maricopa County is authorized, pursuant to A.R.S. §11-933 and A.R.S. §11-952, to enter
into this Memorandum of Understanding (hereafter MOU), entitled Memorandum of Understanding

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for the Conservation of the Bald Eagle in Arizona, by and among the Arizona Game and Fish
Department and various other agencies for the Conservation of the Bald Eagle in Arizona. Maricopa
County's participation in this MOU shall be administered by its Parks and Recreation Department;
WHEREAS, the National Park Service, a Federal land management agency, has the responsibility to
manage lands and resources for the benefit of current and future generations of visitors to lands it
owns and/or manages and administers, and has determined that implementation of the CAS is
consistent with its obligations under Section 7 (a)(1) of the Endangered Species Act;
WHEREAS, Salt River Project has determined that support and implementation of the CAS is
consistent with its efforts to help conserve wildlife resources in the State of Arizona;
WHEREAS, the U.S. Army Corps of Engineer, a Federal agency. has found that the conservation of
Federally and State-listed threatened and endangered species on existing Corps project lands is
consistent with environmental stewardship and natural resource management guidance for Corps of
Engineers Civil Works water resource projects; and has found that conservation of the Bald Eagle
and implementation of the CAS would be consistent with Section 2 of the Conservation of Forest
Land Act of 1960 and Section 7(a)(1) of the Endangered Species Act of 1973, as amended;
WHEREAS, the U.S. Forest Service, a Federal land management agency, has the responsibility to
conserve fish, wildlife, and plants, and manage habitats and activities for the conservation of
sensitive species of wildlife to promote maintenance of viable populations and biological diversity
on the National Forests, and has determined that support and implementation of the CAS is
consistent with its obligations under the National Forest Management Act (36 CFR 219.26 and
219.19).
Now THEREFORE, in consideration of the above premises, the cooperators enter into this MOU as
full and equal partners to accomplish its purpose and objectives.
ALL COOPERATORS AGREE TO:
1. Further develop and implement the objectives, strategies, tasks, and recommendations identified
in the CAS.
2. Based upon availability of authority, resources, and funding, provide bald eagle conservation
program personnel with facilities, equipment, logistical support, and access to lands under their
control, under appropriate authorizing agreements.
3. Designate a representative to the SWBEMC.
4. Participate regularly in SWBEMC meetings to enhance communication and cooperation, and to
help develop and implement management guidelines and procedures consistent with those
identified in the CAS.
5. Contribute to the development and distribution of public information and educational materials
relating to the CAS and the programs and management practices identified therein.
6. Provide ongoing review and feedback on all activities proposed, planned, or executed pursuant
to this MOU.
7. Keep local governments, municipalities, the conservation community, citizens, and other
interested and affected parties informed on the status of the bald eagle conservation program,
and solicit their input on issues and actions of concern or interest to them.

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8, Develop voluntary opportunities and incentives for local communities and private landowners to
participate in bald eagle conservation activities, including ways that might provide local
economic benefits.
FURTHER, THE ARIZONA GAME AND FISH DEPARTMENT AGREES TO:
1. Implement, on a daily basis, the administrative and field actions necessary to support this
conservation effort.
2. Chair the SWBEMC and provide to its members the information, reports, and recommendations
necessary for them to cooperatively determine and implement the best management practices for
the conservation of breeding bald eagles in Arizona.
IT IS MUTUALLY AGREED AND UNDERSTOOD BY AND AMONG THE COOPERATORS THAT:
1, Sufficiency of Resources. The terms of this Agreement are contingent upon sufficient
resources being available to the Signatories for the performance of this Agreement. The
Signatories with the assistance of the Lead Agency, AGFD, will develop a work plan each
year, develop budgets, and, as funding is available, assess priorities and apply the available
funding to those priorities as allowable within individual funding agreements. The decision
as to whether sufficient resources are available to each Signatory shall be determined by each
Signatory, shall be accepted by all other Signatories, and shall be final.
2, Non-Fund Obligating Document. Nothing in this Agreement shall obligate the Signatories to
obligate or transfer any funds, expend appropriations, or to enter into any contract or other
obligations. Specific work projects or activities that involve transfer of funds, services, or
property among the Signatories may require execution of separate agreements or contracts
and be contingent upon the availability of appropriated or other funds. Appropriate statutory
authority must independently authorize such activities; this Agreement does not provide such
authority. Negotiation, execution, and administration of each such agreement must comply
with all applicable statutes and regulations.
3. Establishment of Responsibility. This Agreement is non-binding and establishes no duty or
obligation on any party; this Agreement is not intended to, and does not create or establish,
any substantive or procedural right, benefit, trust responsibility, claim, cause of action
enforceable at law, or equity in any administrative or judicial proceeding by a party or non-
party against any party or against any employee, officer, agent, or representative of any party.
4. Responsibilities of Parties, The Signatories to this Agreement and their respective agencies
and offices will handle their own activities and use their own resources, including the
expenditure of their own funds, in pursuing the objectives of this Agreement Each party will
carry out its separate activities in a coordinated and mutually beneficial manner. Employee
assignment to the Project is subject to approval by the employing agency.
5. Endorsement. Any contributions made under this agreement or subsequent project agreement(s)
do not by direct reference or implication convey signatory endorsement of the products or
activities.

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6. Members of Congress. Pursuant to 41 U.S.C. 22, no United States member of, or United
States delegate to, Congress shall be admitted to any share or part of this instrument, or
benefits that may arise therefrom, either directly or indirectly,
7. Debarment/Suspension. Any non-federal signatory shall immediately inform all federal
signatories if they or any of their principals are presently excluded, debarred, or suspended
from entering into covered transactions with the Federal Government according to the terms
of 2 CFR Part 180. Additionally, should the Department or any of their principals receive a
transmittal letter or other official Federal notice of debarment or suspension, then they shall
notify federal signatories without undue delay. This applies whether the exclusion,
debarment, or suspension is voluntary or involuntary.
8. Felony Conviction or Tax Delinquent Status. By entering into this agreement Corporate
signatories acknowledge that they: 1) do not have a tax delinquency, meaning that they are
not subject to any unpaid Federal tax liability that has been assessed, for which all judicial
and administrative remedies have been exhausted or have lapsed, and that is not being paid in
a timely manner pursuant to an agreement with the authority responsible for collecting the
tax liability, and (2) has not been convicted (or had an officer or agent acting on its behalf
convicted) of a felony criminal violation under any Federal law within 24 months preceding
the agreement, unless a suspending and debarring official of the United States Department of
Agriculture has considered suspension or debarment is not necessary to protect the interests
of the Government.
9. Freedom of Information Act (FOIA). Any information provided to the Federal Agencies
under this instrument may be subject to release under the Freedom of Information Act (5
U.S.C. 552). However, nothing in this Agreement shall be construed to affect the
applicability of the exemptions set forth in 5 U.S.C. Section 552 (b).
10. Participation in Similar Activities. This instrument in no way restricts the Signatories from
participating in similar activities with other public or private agencies, organizations, and
individuals. This Agreement does not modify or supersede other existing agreements
between or among any of the Signatories.
11. Commencement/Expiration/Withdrawal. This Agreement takes effect upon the date of the
last signature of approval and shall remain in effect for no more than five years from the date
of execution, unless renewed, extended, or canceled. This Agreement may be renewed,
extended, or amended upon written request by any Signatory, and subsequent written
concurrence of the other Signatories. All such actions shall be discussed in a meeting of the
SWHEMC. Any Signatory may withdraw from this Agreement with a 60-day written notice
to the other Signatories, through the SWBEMC Chair. Withdrawal by one party shall not
affect the continued cooperation of the remaining parties under this Agreement, Further, in
accordance with the laws of the State of Arizona, all parties are hereby put on notice that
State of Arizona participation in this Agreement is subject to cancellation pursuant to A.R.S.
§ 38-511.
12. Modifications. Modifications, except for additional signatories, within the scope of this
agreement shall be made by mutual consent of the Parties, by the issuance of a written
modification signed and dated by all properly authorized signatory officials, prior to any

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changes being performed. Requests for modification should be made, in writing, at least 30
days prior to implementation of the requested change.
13. Additional Signatories. This Agreement may be amended at any time to include additional
Signatories. An entity requesting inclusion as a Signatory shall submit its request to the
SWBEMC Chair in the form of a document defining its proposed responsibilities pursuant to
this Agreement. Inclusion of additional Cooperators shall be approved by majority voice
concurrence of the current signatories present in a SWBEMC meeting. On approval, the new
Cooperator must comply with all aspects of the Agreement as it was structured at the time of
approval of its request for Cooperator status.
14. Conflict Resolution. Conflicts between or among the Signatories concerning this Agreement
that cannot be resolved at the lowest possible level shall be referred to the next higher level
in the respective cooperator's organization, et seq., as necessary, for resolution.
15. Principle Contacts. The principal contact for each signatory under this agreement will be the
signatory's designated representative for the Southwestern Bald Eagle Management
Committee. The Chair of the Southwestern Bald Eagle Management Committee will
maintain an updated list of principle contacts which is available upon request.
SWBFMC Chair Contact
Kenneth V. Jacobson, Raptor Management Coordinator
Arizona Game and Fish Department, Wildlife Management Division
5000 W. Carefree Hwy
Phoenix, Arizona 85086
Phone: (623) 236-7575
Fax: (623) 236-7926
e-mail: kjacobson@azgfd.gov
IN WITNESS WHEREOF:
'h °opera( ereto have executed this MOU as of the last written date below:
Crdtt
National Park Service
Arizona Public Service
Salt River Project
U.S. Bureau of Land Management
U.S. Army Corps of Engineers
U.S. Bureau of Reclamation
U.S. Fish and Wildlife Service
56th Fighter Wing at Luke Air Force Base
U.S. Forest Service
Maricopa County

Memorandum of Understanding
Re: Conservation of the Bald Eagle in Arizona
IN WITNESS WHEREOF, the parties enter into this Agreement
MARICOPA COUNTY
BOARD OF SUPERVISORS
BY:
Chairman, Board of Supervisors
ATTEST:
Date:
Clerk of the Board
Approved as to Form
Date:
Deputy County Attorney

APPENDIX A: STATE OF ARIZONA REQUIRED PROVISIONS
Civil Rights and Non-discrimination. In carrying out the terms of this Agreement, the Parties
agree to comply with State Executive Order 2009-09 and all other applicable Federal and
State laws, rules and regulations, including the Americans with Disabilities Act.
2. Audit. In accordance with A.R.S. § 35-214, all books, accounts, reports, files, electronic
data, and other records relating to this Agreement shall be subject at all reasonable times to
inspection and audit by the State of Arizona for five (5) years after completion of this
Agreement. Upon request, Party shall produce original of any and all such records.
3. Arbitration, The parties agree to engage in any alternative dispute resolution procedures
authorized by their statutes, regulations and court rules ; including, but not limited to, 5
U.S.C. § 575 and A.R.S. § 12-1518(B) and 12-133.