Appendix E

Memorandum of Understanding for Integration of Research, Planning and Interagency Coordination

MEMORANDUM OF UNDERSTANDING

Among

THE UNITED STATES DEPARTMENT OF THE INTERIOR

And

NATIONAL PARK SERVICE

And

FISH AND WILDLIFE SERVICE

And

UNITED STATES GEOLOGICAL SURVEY

For

INTEGRATION OF RESEARCH, PLANNING AND INTERAGENCY COORDINATION SUPPORTING EVERGLADES RESTORATION ACTIVITIES

This Memorandum of Understanding (MOU) is made and entered into among the Department of the Interior, Office of the Secretary (DOI), the National Park Service (NPS), the United States Fish and Wildlife Service (FWS), and the United States Geological Survey (USGS), collectively referred to as the “Parties.”

I. Authorities

National Park System Organic Act, 16 U.S.C. § 1 et seq.

Wilderness Act of 1964, 16 U.S.C. § 1131 et seq.

Fish and Wildlife Coordination Act, 16 U.S.C. § 661

Endangered Species Act of 1973, 16 U.S.C. § 1531 et seq.

National Wildlife Refuge System Improvement Act of 1997, 16 U.S.C. § 668dd–668ee, P.L. 105–57

Water Resources Development Act of 1996, Pub. L. No. 104–303, § 528, 110 Stat 3767 (1996)



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SCIENCE AND THE GREATER EVERGLADES ECOSYSTEM RESTORATION: AN ASSESSMENT OF THE CRITICAL ECOSYSTEM STUDIES INITIATIVE Appendix E Memorandum of Understanding for Integration of Research, Planning and Interagency Coordination MEMORANDUM OF UNDERSTANDING Among THE UNITED STATES DEPARTMENT OF THE INTERIOR And NATIONAL PARK SERVICE And FISH AND WILDLIFE SERVICE And UNITED STATES GEOLOGICAL SURVEY For INTEGRATION OF RESEARCH, PLANNING AND INTERAGENCY COORDINATION SUPPORTING EVERGLADES RESTORATION ACTIVITIES This Memorandum of Understanding (MOU) is made and entered into among the Department of the Interior, Office of the Secretary (DOI), the National Park Service (NPS), the United States Fish and Wildlife Service (FWS), and the United States Geological Survey (USGS), collectively referred to as the “Parties.” I. Authorities National Park System Organic Act, 16 U.S.C. § 1 et seq. Wilderness Act of 1964, 16 U.S.C. § 1131 et seq. Fish and Wildlife Coordination Act, 16 U.S.C. § 661 Endangered Species Act of 1973, 16 U.S.C. § 1531 et seq. National Wildlife Refuge System Improvement Act of 1997, 16 U.S.C. § 668dd–668ee, P.L. 105–57 Water Resources Development Act of 1996, Pub. L. No. 104–303, § 528, 110 Stat 3767 (1996)

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SCIENCE AND THE GREATER EVERGLADES ECOSYSTEM RESTORATION: AN ASSESSMENT OF THE CRITICAL ECOSYSTEM STUDIES INITIATIVE Water Resources Development Act of 2000, Pub. L. No. 106–541, § 601, 114 Stat. 2572 (2000) U.S. Geological Survey Organic Act, 43 U.S.C. 31 (a) et seq. Economy Act, 31 U.S.C. § 1535 II. Purpose and Joint Objectives The purpose of this MOU is to integrate and facilitate coordination among the Parties for all ongoing and future monitoring, research, planning, and interagency coordination activities supporting Everglades restoration. With the enactment of the Comprehensive Everglades Restoration Plan (CERP), it is important that appropriated funds target not only the highest priority research, planning, and interagency coordinating needs of the restoration effort, but are coordinated both within the Department of the Interior, and with related on-going efforts of state and other Federal partners. This integration will facilitate the leveraging of resources, maximize the value of Federal funds, and ensure that the best available research products and monitoring and assessment tools, responsive to the needs of NPS and FWS, are obtained. Both NPS and FWS are responsible for the stewardship of one-half the remaining Everglades ecosystem and have responsibilities to provide technical expertise to the Army Corps of Engineers (Corps) as it implements, with the State of Florida, one of the largest watershed restoration programs in the world. As the Department's premier research organization, the USGS is uniquely situated to provide quality research products responsive to the needs of the NPS and FWS, and other Federal and state partners, as Everglades restoration efforts proceed. The MOU will ensure: (1) ongoing and future research and related products are determined collaboratively by the Parties to support Everglades restoration activities and the needs of the NPS and FWS; (2) the continuation of ongoing monitoring and assessment activities of the NPS and FWS to assess the effects of Everglades restoration projects on Interior managed lands and resources for which Interior plays a key stewardship role, including Endangered Species; and (3) the continuation of critical planning and interagency coordination activities being implemented by the Office of the Executive Director, South Florida Ecosystem Restoration Task Force (SFERTF). These efforts include: ecosystem restoration planning activities, required reports for the Congress, high priority coordination efforts of the Task Force and the Department's on-going partnership with the Army Corps of Engineers including ecosystem science peer review. This MOU will apply to programs proposed for funding in FY 2003 and beyond, wherever funds may be appropriated which support an integrated monitoring, research, planning, and interagency coordination program for ecosystem restoration initiatives in South Florida.

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SCIENCE AND THE GREATER EVERGLADES ECOSYSTEM RESTORATION: AN ASSESSMENT OF THE CRITICAL ECOSYSTEM STUDIES INITIATIVE III. Responsibilities of the Parties A. Principle Points of Contact To provide for consistent and effective communication among the Parties, each Party shall appoint a principal representative, located in South Florida, to serve as its central point of contact on matters related to this MOU. B. Determination and Funding of Requirements for Monitoring, Research, Planning and Interagency Coordination: FWS, NPS, and USGS shall have primary responsibility, working collaboratively with other state and Federal partners, including the Department' s Office of the Executive Director, SFERTF, the Seminole and Miccosukee Tribes, and the Army Corps of Engineers, to determine and rank the research requirements to be funded and implemented as part of this integrated program. Additionally, FWS and NPS, in collaboration with the USGS, shall be responsible for determining an appropriate amount of funds required to sustain critically important monitoring and assessment activities on lands and trust resources managed by the Department. Data collected through these activities must meet Federal Geographic Data Committee (FGDC) standards as applicable. The USGS will develop, in collaboration with NPS and FWS, a consolidated, external peer-reviewed research program that integrates FWS and NPS requirements, and which includes a detailed list of research tasks and timelines to support critical decision points associated with the restoration effort. Each research task should have an estimate of funds needed for each year, as well as a list of deliverables and set of milestones. USGS is responsible for reviewing NPS and FWS monitoring and assessment data standards and data base programs as agreed to by the Parties. The Executive Director, SFERTF shall be responsible for proposing the annual amount of funding necessary to implement planning and interagency coordination responsibilities and activities as well as other related functions in support of the Departments monitoring, assessment, and research programs. Annual funding proposals shall be collaboratively developed with the Parties and shall be submitted to the Department as part of the annual DOI budget process. Upon Congressional appropriation of funding for research projects covered by the MOU, funds will be transferred to the most appropriate source as collaboratively agreed to among NPS, FWS and USGS. The USGS will provide to NPS and FWS collaboratively agreed upon study plans that include appro-

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SCIENCE AND THE GREATER EVERGLADES ECOSYSTEM RESTORATION: AN ASSESSMENT OF THE CRITICAL ECOSYSTEM STUDIES INITIATIVE priate peer-reviews of the plans and products being funded. The appropriated funds for peer-reviewed monitoring and assessment activities shall be transferred to the FWS and NPS, consistent with the amounts approved for such expenditure. Similarly, appropriated funds for interagency coordination and planning activities shall be transferred to the Office of the Executive Director, SFERTF consistent with the amounts approved for such expenditure. USGS agrees to tailor its administrative overhead associated with the implementation of this program to an appropriate level. For funds that are transferred to another DOI entity for implementation, this overhead will be no more than 3 % with a goal of reducing or eliminating such costs. C. Reporting Requirements Any Party receiving funds for research or monitoring and assessment activities, or planning and interagency coordination projects through this integrated program agrees to report to the lead Everglades policy official as designated by the Secretary of the Interior to summarize the annual progress and results of the projects and programs covered by this MOU. IV. Interagency Coordination and Dispute Resolution The Parties shall work collaboratively to plan, seek funding and execute an integrated research, monitoring and assessment, planning and interagency coordination effort. In the event a dispute is identified by any of the Parties, the Parties agree to resolve the dispute at the lowest organizational level within 30 days. If the dispute is not resolved within that time frame, the Parties agree to elevate the dispute to the next organization level for resolution. Ultimate resolution of disputes related to this MOU shall reside with the lead Everglades policy official as designated by the Secretary of the Interior. V. Term of MOU This MOU shall become effective on the last date of signature below and shall terminate upon the mutual agreement of the parties. This MOU may be modified or amended as appropriate by mutual consent in writing of the Parties. No modification shall be binding on any Party unless such modification or amendment is in writing and is executed by all the Parties. This MOU may be executed in one or more counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. A facsimile copy of this MOU and any signatures hereon shall be considered for all purposes as originals.

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SCIENCE AND THE GREATER EVERGLADES ECOSYSTEM RESTORATION: AN ASSESSMENT OF THE CRITICAL ECOSYSTEM STUDIES INITIATIVE The following information describes the proposed framework for implementing the above MOU: Implementing DOI's Everglades MOU Preface: At a meeting of the DOI South Florida Everglades Managers [Salt (SFERTF, OED), Finnerty (NPS), Slack (FWS), Musaus (FWS), Jodrey (DOI HQ via phone), Best (USGS)] on April 30, 2002, we discussed a recommended format for implementing the MOU. Specifically, we discussed the format for Science Advisory to USGS as per the intent of the Everglades MOU. We agreed on the following general format. Science Advisory Council: RESPONSIBILITY: The Science Advisory Council will be responsible for helping to define the broad-scale, programmatic-level science information needs; and, assist with defining DOI-level funding requests. Specifically, by abstracting information from the MOU, the “charge ” to the Science Advisory Council is defined as follows: “…integrate and facilitate coordination among all Parties for the ongoing and future monitoring, research, planning and interagency coordination activities supporting Everglades restoration… “…facilitate the leveraging of resources, maximize the value of Federal funds, and ensure that the best available research products and monitoring and assessment tools...are obtained. “…determine and rank the research requirements to be funded and implemented ….” MEMBERSHIP: Following the guidelines in the MOU, “FWS, NPS, and USGS shall have primary responsibility, working collaboratively with each other, state and Federal partners, including the Department 's Office of the Executive Director, SFERTF, the Seminole and Miccosukee Tribes, and the Army Corps of Engineers….” Therefore, this Council will consist of Senior Level Managers for GEER and CERP including DOI, COE, SFWMD, EPA, and advisors from the Seminole and Miccosukee Tribes as per the following: DOI Partners: Two representatives from the NPS ENP Superintendent—Maureen Finnerty Big Cypress Superintendent—John Donahue Two representatives from the FWS

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SCIENCE AND THE GREATER EVERGLADES ECOSYSTEM RESTORATION: AN ASSESSMENT OF THE CRITICAL ECOSYSTEM STUDIES INITIATIVE Field Supervisor—Jay Slack Refuge Manager (and SF coordinator)—Mark Musaus Two representatives from USGS [TBD] and the USGS Greater Everglades Science Coordinator serving to facilitate the Council One representative from OED SFERTF—Rock Salt Other Everglades Restoration Collaborators: One advisor from US COE—Dennis Duke One advisor from US EPA—Richard Harvey One advisor from South Florida Water Management District—TBD One advisor from the Seminole Tribe—Craig Tepper (TBC) One advisor from the Miccosukee Tribe—Terry Rice MEETINGS: It is anticipated that the Council will meet at least twice annually. Science Implementation Committee (SIC): RESPONSIBILITY: The Science Implementation Committee will be responsible for ensuring that the recommendations of the Science Advisory Council are implemented within both budget and time-line constraints [i.e., the Science Implementation Committee will turn the broad-scale science information needs into projects with clearly defined objectives, time lines, deliverables, and budgets]. The SIC will develop through the USGS “…a consolidated, externally peer-reviewed research program that integrates the FWS and NPS requirements, and which includes a detailed list of research tasks and timelines to support critical decision points associated with the restoration effort.” The USGS, through the SIC, will ensure that “…data collected through these activities …meet Federal Geographic Data Committee (FGDC) standards as applicable. ” {{Once the SIC meets, this section will be expanded with more detailed duties and time lines.}} MEMBERSHIP: This Committee will consist of senior science managers for each of the four USGS disciplines, the USGS Greater Everglades Science Program Coordinator, plus a member from the FWS and NPS. The FWS and NPS South Florida Everglades Principals will appoint their members to this Committee. The USGS Greater Everglades Science Program Coordinator will chair this Committee. MEETINGS: It is anticipated that the Committee will meet no less than quarterly, and more often during the process of soliciting and evaluating proposals. SOURCE: James Tate, DOI, personal communication, 2002.