NATIONAL PARK SERVICE ADMINISTRATIVE POLICIES for the Recreation Areas of the National Park System

MEMORANDUM OF UNDERSTANDING
BETWEEN
THE MISSOURI CONSERVATION COMMISSION
AND
THE NATIONAL PARK SERVICE
RELATING TO WILDLIFE MANAGEMENT IN
THE OZARK NATIONAL SCENIC RIVERWAYS

This MEMORANDUM OF UNDERSTANDING is between the Missouri Conservation Commission, represented by the Director, and hereinafter referred to as the Commission; and the National Park Service represented by the Director, and hereinafter referred to as the Service;

Whereas the Commission has been created under the constitution of the State of Missouri to provide an adequate and flexible system of control, propagation, management, protection, and regulation of all wildlife in Missouri, and

Whereas Congress provided in section 5 of the act establishing the Ozark National Scenic Riverways (herein referred to as the "Scenic Riverways"):

(a) In furtherance of the purposes of this Act, the Secretary is authorized to cooperate with the State of Missouri, its political subdivisions, and other Federal agencies and organizations in formulating comprehensive plans for the Ozark National Scenic Riverways and for the related watershed of the Current and Jacks Fork Rivers in Missouri, and to enter into agreements for the implementation of such plans. Such plans may provide for land use and development programs, for preservation and enhancement of the natural beauty of the landscape, and for conservation of outdoor resources in the watersheds of the Current and Jacks Fork Rivers.

(b) The Secretary shall permit hunting and fishing on lands and waters under his jurisdiction within the Ozark National Scenic Riverways area in accordance with applicable Federal and State laws. The Secretary may designate zones where, and establish periods when, no hunting shall be permitted, for reasons of public safety, administration, or public use and enjoyment and shall issue regulations after consultation with the Conservation Commission of the State of Missouri.

Whereas Congress further provided in section 6 of the act establishing the Scenic Riverways:

The Ozark National Scenic Riverways shall be administered in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535), as amended and supplemented, and in accordance with other laws of general application relating to the areas administered and supervised by the Secretary through the National Park Service; except that authority otherwise available to the Secretary for the conservation and management of natural resources may be utilized to the extent he finds such authority will further the purposes of this Act.

Whereas, on March 12, 1965, the Service issued the following statement on "Wildlife Management Policy—National Recreation Areas" which was developed in cooperation with the International Association of Game, Fish and Conservation Commissioners:

Public hunting and fishing are resource uses which are desirable and compatible with fulfilling the mission of the national recreation areas administered by the National Park Service. This policy has its foundation not alone in the legislation affecting specific areas but also in the report of the Secretary of the Interior's special Advisory Board on Wildlife Management in the National Parks, approved by the Secretary on May 2, 1963. It is the responsibility of the National Park Service to implement this policy through sound administration, management, and use of the wildlife and fisheries resources in these recreation areas.

Fish and Wildlife management involves two principal management functions; i.e., (1) the management of the habitat—soils, water, and vegetation; and (2) the management of harvesting fish and wildlife populations by the public.

In National recreation areas administered by the National Park Service, this latter function is recognized as being within the regulatory authority of the individual states. The states should regulate the taking of fish and wildlife by the public, including such matters as seasons, bag limits, and licensing, and provide for the joint cooperative enforcement of such regulations.

The first management function is recognized as the responsibility of the National Park Service. In carrying out this function, as well as its responsibility for the overall recreation program of the area, the Service may designate zones where, and establish periods when, no hunting or fishing shall be permitted for reasons of public safety, administration, or other public use and enjoyment of the area. Regulations prescribing such restrictions shall be issued after consultation with the states.

The management of fish and wildlife in recreation areas must be a cooperative endeavor with the states. These cooperative endeavors will be effected through Memorandums of Understanding with the respective states.

Whereas the parties to this agreement wish to implement the aforesaid act and policy through joint and cooperative endeavors which will focus the skills and abilities of the Commission and the Service toward achieving maximum public benefit and proper management of the lands and waters involved:

Now, therefore,

A. The Service agrees, on lands within the Scenic Riverways which are administered by the Service:

1. To cooperate with the Commission in the joint enforcement of applicable game and fish laws through appropriate State law enforcement appointments, without compensation, for certain uniformed employees of the Service.

2. To practice those forms of resource management that will benefit fish and wildlife, and enhance opportunities for their harvest by the public, compatible with other authorized uses of the Scenic Riverways.

3. To consult with the Commission prior to issuing regulations which affect hunting and fishing in the Scenic Riverways for reasons of public safety, administration, or public use and enjoyment, or to designating zones where, or establishing periods when, no hunting and fishing will be permitted, as provided for in section 5 of the act establishing the Scenic Riverways.

4. To permit the harvest of fish and wildlife by the public in accordance with State laws and regulations when areas are open to hunting and fishing, as provided for in section 5 of the act establishing the Scenic Riverways.

B. The Commission agrees:

1. To consult with the Service before establishing any special hunting or fishing seasons and regulations pertaining to the Scenic Riverways.

2. In the performance of their work under this agreement and any supplemental agreement which may result from this agreement, to comply with section 202 of Executive Order 11246, dated September 24, 1965, which is attached and made a part of this agreement.

C. The Commission and the Service mutually agree:

1. To meet jointly at least once annually before April 30, and to provide for other meetings as deemed necessary for discussion of matters relating to the management of natural resources on lands and waters within Ozark National Scenic Riverways.

2. To encourage the joint publication of press releases and the interchange between parties of all pertinent agency policies and objectives, statutes, rules and regulations, and other information required for the wise use and perpetuation of the natural resources of the Ozark National Scenic Riverways.

3. To enter into working arrangements as occasion demands for the use of lands, buildings, and other facilities owned and operated by either party hereto, for special projects.

4. To jointly evaluate fish and wildlife resources and to initiate and carry out jointly approved management programs, such as, but not limited to, the restocking and introduction of game fish and wildlife species.

5. To jointly consider and evaluate probable overall ecological effects of any proposal to control fish and wildlife population by toxic chemicals or trapping and the introduction of plant and animal species into Ozark National Scenic Riverways.

6. Each and every provision of this Memorandum of Understanding is subject to the laws of the State of Missouri and the laws of the United States, and to the delegated authority in each instance.

7. Nothing in this Memorandum of Understanding shall be construed as obligating either party hereto to the expenditure of funds or for the future payment of money in excess of appropriations authorized by law.

8. Nothing contained herein shall be construed as limiting in any way the responsibility and authority, as defined by law, of the Director, Missouri Conservation Commission, and the Director, National Park Service, in connection with the administration and protection of land and resources under their respective administrations.

9. No Member of, or Delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of the Memorandum of Understanding or to any benefit to arise therefrom, unless it is made with a corporation for its general benefit.

10. This Memorandum of Understanding shall become effective when signed by the parties hereto and shall continue in force until terminated by mutual agreement or by either party upon six (6) months notice in writing to the other of his intention to do so. Amendments to this Memorandum of Understanding may be proposed by either party and shall become effective upon approval by both parties.

IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding as of the date last signed below.

NATIONAL PARK SERVICE
By George B. Hartzog, Director

MISSOURI CONSERVATION COMMISSION
By Carl R. Noren, Director

EQUAL EMPLOYMENT OPPORTUNITY

During the performance of this contract, the contractor agrees as follows:

(a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin.

(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(d) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(e) The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(f) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies involved as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(g) The contractor will include the provisions of Paragraphs (A) through (G) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.