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HomeMy WebLinkAboutMOU DNR MEMORANDUM OF UNDERSTANDING AMONG WASHINGTON DEPARTMENT OF NATURAL RESOURCES, KITTITAS COUNTY,THE NATURE CONSERVANCY,and KITITAS CONSERVATION TRUST This Memorandum of Understanding (MOU) is entered into by the Washington Department of Natural Resources ("WDNR"), Washington Department of Fish and Wildlife ("WDFW"), Kittitas County ("the County"), The Nature Conservancy ("TNC"), and Kittitas Conservation Trust("KCT") (collectively referred to as "the Parties"). BACKGROUND A. This MOU involves a collaborative effort by the Parties to conserve property known as Cle Elum Ridge, which is shown in Attachment A(the"CER Property"). The CER Property is currently owned by Central Cascades Forest, LLC ("CCF"). TNC is a member of CCF and is responsible for managing CCF's property, including the CER Property. B. CCF wishes to sell the CER Property, and TNC has been working with the local community, the County, KCT, WDNR, and many others to develop an acquisition approach that includes a conservation outcome for the long-term stewardship and ownership of the CER Property. Such a conservation outcome includes the concept of a community forest ownership model for the CER Property. C. The Parties have been meeting to work collaboratively to discuss the opportunities and various needs and concerns and wish to memorialize their commitment to ongoing efforts to achieve mutually agreeable outcomes for all the Parties through this MOU. D. TNC and the County recently contracted for an economic analysis of the public benefits and impacts of a community forest scenario for the CER Property. That study is complete. E. The CER Property is adjacent to the Teanaway Community Forest("TCF"). DNR owns the TCF in fee title and WDFW owns a habitat restoration and working lands easement over the TCF. WDNR and WDFW jointly manage the TCF through an Interagency Agreement. For the purposes of the remainder of this MOU, where referencing WDNR and WDFW in their roles as joint managers of the TCF, WDNR and WDNR will be referred as the"State TCF Owners."The TCF has a local advisory committee that provides input to the State TCF Owners regarding the management of the TCF. F. The Parties have been working together and in collaboration with other community members to pursue the potential acquisition of the CER Property in order to ensure long-term ownership and management of the CER Property as a community forest, maintain viable working forest operations and management on the CER Property, 1 preserve watershed functions in the Upper Yakima River Basin, protect the Upper Yakima River Basin habitat from degradation, preserve habitat for fish and wildlife in the Upper Yakima River Basin, and provide public recreational access to the CER Property and the state owned and managed TCF. G. CCF informally delineated CER lands into three phases to facilitate easier transfer into conservation status, however adherence to the Phase 1, 2, and 3 delineations is not required. TNC and KCT have explored and pursued several funding avenues for acquisition since 2014. H. KCT, in collaboration with TNC, pursued and secured a$3 million grant ("RCO Funds") for the acquisition of approximately 1,200 acres of the CER Property ("CER Phase 1 Lands")through the Washington State Recreation and Conservation Office ("RCO")Community Forests Program. KCT has worked with the State TCF Owners, the County, TNC, and many others to develop a strategy to use the RCO funds to purchase the CER Phase I Lands but KCT does not wish to be the owner of the CER Phase 1 Lands. KCT would like to move forward on using the RCO Funds to acquire the CER Phase 1 Lands as expeditiously as possible. While KCT does not wish to be the owner of Phase 1 Lands,they will have ongoing responsibilities as the community partner. I. The Parties have worked together to develop an acquisition approach to CER Phase 1 through which KCT and the State TCF Owners would enter into a partner agreement authorized by RCO to use the RCO Funds to purchase the CER Phase 1 Lands from CCF and have DNR own and co-manage (with the State TCF Owners)the CER Phase 1 Lands as part of the TCF. The Parties all support this approach. J. TNC has identified a new and unique funding opportunity for the acquisition of the CER Property through the US Forest Service Forest Legacy Inflation Reduction Act Large Landscape funding program ("FL-IRA Funding Program"). Under the FL-IRA Funding Program, WDNR can submit one request for up to $50 million in funding in December 2023. TNC is submitting a proposal to DNR to seek funds from the FL-IRA Funding Program for the acquisition of the CER Property. K. TNC has asked the County, KCT and others to support TNC's application to WDNR for FL-IRA Funding Program to assist with the conservation purchase of the remaining CER Lands. DNR acquisition of the CER Property will likely require additional grant funding from the RCO Community Forest Program, in the spring of 2024. TNC seeks the support of the County, KCT, and DNR for this second grant proposal to RCO on WDNR's behalf. L. The FL-IRA Funding Program requires match funding as part of the process. The RCO Community Forest Funds are suitable matching funds for the FL-IRA Funding Program, and the FL-IRA Funds also provide suitable match for the RCO grant. M. The County has recently expressed concerns regarding the TCF management and how those concerns might be exacerbated by integrating the CER Property into the TCF. The 2 County would like to have those concerns addressed as part of this collaborative effort, including how future management of CER land would prioritize involvement of and benefits to the local community. N. The County would like to see the Parties create opportunities on the CER Property for motorized recreation which could benefit the TCF as a whole as part of this collaborative effort. O. The CER Property possesses developable lands and legal water availability for residential development through green zones within the County's Groundwater Mitigation Banking Program; this is important for the County. In addition, potential future financial and service demand impacts are a concern for the County. P. The County is concerned that a conservation acquisition of all of the CER Property will further reduce already-limited available and developable private land that has identified available water supply through green zones within the County's Groundwater Mitigation Banking Program. Kittitas County would like to see the Parties develop a strategy to resolve this impact as part of this collaborative effort. Q. The County would like the Parties to explore options for fire evacuation route(s)through the TCF, the CER Property, or other potential alternatives as part of this collaborative effort. R. The State TCF Owners has struggled to secure adequate resources for the ongoing management of the TCF, that meets the expectations of the local community as expressed through the management plan, which would be exacerbated by the addition of the CER Property to the TCF The State TCF Owners would like the Parties to explore approaches to securing additional resources for the management of the TCF and the CER Property should it come into TCF. S. The community partner role for KCT needs to be defined. This role will also require resources to support the community partner function. T. WDNR, WDFW, KCT, and TNC support the State TCF Owners ultimate acquisition of the entire CER Property, contingent on County support, and thus wish to address concerns raised by the County respecting the impacts of doing so. U. The Parties acknowledge that since time immemorial the Yakama people have been stewards of these lands and waters, the 9,700-acre CER Property lies within the Ceded Lands where the Yakama Nation has Reserved Treaty Rights, and timely communication and appropriate consultation with the Yakama Nation is the responsibility of all Parties. UNDERSTANDING 1. Pu rt)ose. The purpose of this MOU is to formalize the collaborative efforts of the 3 Parties, lay out the commitments of the Parties with regard to their ongoing collaborative efforts, and to provide a process to resolve any disputes that arise during the collaborative efforts of the Parties. 2. Commitments of the State TCF Owners. The State TCF Owner agree to work together with the other Parties in this collaborative effort to resolve the concerns of the other Parties to mutual satisfaction. In doing so, the State TCF Owners commit to: a. Discussing with WDFW and DNR staff what could be done within the sideboards of the TCF management plan and have conversations about what mitigations and associated costs would be necessary for the State TCF Owners to address the County's interest in additional motorized recreation in the area of the CER Property. b. Maintaining the level of local engagement in the management of the TCF as well as the CER Property should it come into DNR ownership. c. Explaining the logistical considerations for establishing and maintaining "evacuation routes"through the CER and TCF. Discuss with WDFW and DNR staff what could be done within the sideboards of the TCF management plan and have conversations about what mitigations and associated costs would be necessary. Help potential easement holders develop a budget for easement acquisition and yearly maintenance of the routes. d. Identifying use areas and considerations that may be considered for a potential motorized area or other community benefits on the CER. e. Working with the Parties to determine roles and responsibilities of KCT as the local, community organization to ensure community connections are established for the ongoing management of the CER Property. f. Working with KCT to determine acquisition strategy,timelines and milestones to utilize RCO Community Forest grant(20-2044A) under agreement with KCT and RCO. g. WDNR and WDFW representatives will serve as liaison to their respective agencies with regard to the work of the Parties and expedite the exchange of critical information to advance collaborative discussions and decision-making. 3. Commitments of the County. The County agrees to work together with the other Parties in this collaborative effort to resolve the concerns of the other Parties to mutual satisfaction. In doing so, the County commits to: a. Engaging in specific and actionable solution development and evaluation for County and other Parties' concerns and needs. b. Providing a conditional letter of support contingent on MOU outcome for the FL- 4 IRA Funding Program before fall 2023 deadline for submission. c. Actively engaging on any current TCF management concerns through present channels in place via TCF co-managing agencies and Advisory Committee participation d. Encouraging constituents to apply for membership on the TCF Advisory Committee and subcommittees as positions come available, and support community volunteerism in supporting the restoration and management of the forest. e. Identifying the organizations and agencies advocating for evacuation routes and present current aspirational plans, proposed funding sources, possible numbers of evacuees and destinations for safe havens, and other relevant information. f. The County representative will serve as liaison to the Board of County Commissioners with regard to the work of the Parties and expedite the exchange of critical information to advance collaborative discussions and decision-making. 4. Commitments of TNC. TNC agrees to work together with the other Parties in this collaborative effort to resolve the concerns of the other Parties to mutual satisfaction. In doing so, TNC commits to: a. Pursuing the FL-IRA Funding Program opportunity. b. Working with State TCF Owners, the County, and KCT to address each of those entities' concerns and needs. c. Serve as liaison to the CCF with regard to the work of the Parties. and expedite the exchange of critical information to advance collaborative discussions and decision-making. d. Provide maps of popular established trails, trailheads, and any other recreation infrastructure on CER along with any associated easements or agreements. e. Exploring the potential of all forms of recreational use, both in limited areas of and throughout the entire CER, in an effort to ultimately support the management values of the TCF as a whole. f. Pursue funding strategies to provide resources to the State TCF Owners,the County, and KCT to provide stable revenue streams to support stewardship and community engagement for the ownership and management of CER Property. g. Work with the State TCF Owners, KCT, RCO, and CCF LLC to determine strategies to move RCO Project (20-2044A) forward in a timely manner within constraints of the RCO Agreement with KCT. 5 5. Commitments of KCT. KCT agrees to work together with the other Parties in this collaborative effort to resolve the concerns of the other Parties to mutual satisfaction. In doing so, KCT commits to: a. Continue to manage the RCO Funds for CER Phase 1 Lands. b. Continue to be project sponsor of the CER Phase 1 project and ensure successful implementation of project deliverables to RCO. c. Retain eligibility for RCO Community Forest program to pursue future funding through this source to match FL-IRA funding to complete transfer of CER property to the State TCF Owners through a second RCO Community Forest Grant in 2024. d. With the support of TNC and private individuals, engage with private donors to help fund acquisition and future stewardship endowment for the property. Ensure proper management of private donations through a dedicated bank account held by KCT for the Cle Elum Ridge Community Forest. e. Working with the County, TNC, and the State TCF Owners to address each of those entities' concerns and needs. f. Participate in increasing local engagement for management of CER. g. Work with MOU signatories, and RCO to determine adequate roles and responsibilities as the designated community partner per guidelines outlined in RCO manual for Community Forests. h. KCT representative will serve as liaison to the organization's Board of Directors with regard to the work of the Parties and expedite the exchange of critical information to advance collaborative discussions and decision-making. 6. Topics to be Addressed. The Parties have agreed to work together to address the following topics to mutual satisfaction: a. TNC and CCF will commit to closing on Phase 1 while working with the partners to maximize match potential. b. Projected service demands and responsible agencies for each demand associated with CER becoming acquired and managed by the State TCF Owners as a community forest. These include law enforcement, fire response, waste management, and roads/parking. c. Identify what recreational opportunities, which could include motorized, may be available on CER with TCF Advisory Committee approval and funding. d. Identify the cost and feasibility of evacuation route(s) for fire egress along with ownership and maintenance burdens. 6 e. Explore means of offsetting lost opportunity for development potential on CER and associated impacts on County. f. Strengthening local representation and engagement in advisory committee for the current TCF and a potential CER addition. g. Develop pathways for sustainable Stewardship funding. h. Ensure that property can be owned and managed effectively by the State TCF Owners in perpetuity in light of the conditions agreed upon through this MOU. i. Community Partner agreement for KCT that defines roles, responsibilities, and resource needs. 7. Free, Prior and Informed Consent. Continue to ethically and effectively support and partner with Indigenous peoples and tribal governments to create a shared future of healthy lands, waters and communities in Washington. The Parties are committed to ensuring that conservation and community outcomes are defined collectively and with deference and respect for the goals and objectives of Indigenous peoples, the Parties will honor prior and informed consent respecting any agreements and decisions it makes concerning the CER Property that is located within the Ceded Lands where the Yakama Nation has Reserved Treaty Rights. 8. Aimi-o ch. The Parties have agreed to work collaboratively and transparently to achieve mutually acceptable outcomes. During ongoing discussions, there could be misunderstandings and disagreements about priority tasks, sequencing, viable solutions, and deadlines. Concerns may also arise about the perception that Parties are backing away from verbal commitments, misrepresenting statements made by others, or related to undocumented hearsay in the community. Any concerns should first be aired with the Parties, and an earnest attempt made to resolve the issue to mutual agreement. The Dispute Resolution process described in Item #9 is reserved for disagreements that cannot be resolved in this manner. 9. Dispute Resolution. Disputes related to activities associated with this MOU shall follow the following process. First, a party will inform the other party(s) in writing of the concern("Notice") setting forth with specificity the concerns. The affected parties shall then attempt to resolve the dispute at a local level using the contacts referenced in this MOU. Second, if the local contacts are not able to resolve the dispute within thirty (30) calendar days of receipt of the Notice,the matter will be elevated to the Director for each of the affected parties for resolution. The affected parties are free to engage in non- binding mediation in any attempt to resolve a dispute, in which event each party to the mediation shall bear its own expenses, and the expense of the mediator shall be jointly shared by each party to the dispute. This dispute resolution process shall be the exclusive method to resolve disputes arising under this MOU. 10. Termination.Any party may terminate this MOU by providing written notice to all other Parties of its desire to terminate this MOU. 7 11. Notice. Any notice given under this MOU shall be deemed received when delivered by hand or five (5) days after deposit in the United States mail with first-class postage affixed, addressed to the local representatives set forth below. Changes of address may be given in accordance with this section. This MOU is accepted by the parties whose signatures are set forth below. KITTITAS COUNTY WASHINGTON DEPARTMENT OF NATURAL RESOURCES By: Cory Wright, BOCC Chair By: Larry Leach, Acting Southeast Region Manager Date: Nov 27' Date:2023 Nov 20, 2023 THE NATURE CONSERVANCY WASHINGTON DEPARTMENT OF FISH AND WILDLIFE 'L6&eG S eKe4i MichaelS Stevens(Nov 20,202316:46 PST) MOAN P 4lvingston(Nov 20,20Y 16:t9 ns:) By: Mike Stevens, Washington State Director By: Michael F. Livingston, Region 3 Director Date: Nov 20, 2023 Date: Nov 20, 2023 KITTITAS CONSERVATION TRUST Mitchell Long(Nov 20,202 6:33i1 5 PST) By: Mitch Long, Executive Director Date: Nov 20, 2023 8 ATTACHMENT A Th Nature Consenanc:} Cle Elum Ridge I Parcel Numbers and TRS /576935 516935 f f' 706935 � 716935 15038 17 36935 696935 .' 15039 r'r 257235 156935 74ti$35 � I, 247235 26435 2OM 141 3ON 1n 356031 12064 329434 20434 We a9d �' 366i34 ' 2iJ433 376D34 599434 / 957659 le 13521 ke;tyn 939434 1194341P 269434 0lornahips RvI%Uri Oo Elum 0 A5 1 2 Nlnttef Co.Wraeb CCf LLC Cie Elum AWle Miles Sauth t}r NElgm County of Klttltas,WA State Parks 61S,Esrl,HERE,Gannln,SafeGraph,GeoTechnologles,Inc,METI/NASA,USGS,Bureau of Land Management,EPA,NM LWA Efate Exported:7/6nO23 11:36 AM 9