HomeMy WebLinkAboutDoc 056 - MOA - BLM - La Pine ConveyancefJ}Q . :t.
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o v .. -< Deschutes County Board of Commissionerse.1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of February 25, 2013
Please see directions/or completing this document on the next page.
DATE: February 14,2013
FROM: Teresa Rozic Property & Facilities 541-385-1414
TITLE OF AGENDA ITEM:
Consideration of Board signature of document 2013-056, a Memorandum of Agreement between
Deschutes County and the Bureau of Land Management.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
On August 10,2012, President Obama signed the La Pine Land Conveyance Act (the Act), Public Law
112-164, which directs the Secretary of the Interior, acting through the Director of the Bureau of Land
Management (BLM), to convey to Deschutes County, without consideration, all right, title and interest
in and to land depicted on the attached map (the Property).
The Act states that Parcel A shall be used for a outdoor recreation, open space, or public parks,
including a rodeo ground; Parcel B shall be used for a public sewer system; and Parcel C shall be used
for a public library, public park, or open space. Deschutes County will convey Parcel A to the La Pine
Parks and Recreation District. BLM will convey Parcels Band C directly to the City of La Pine.
The Act requires the County to pay all survey and other administrative costs (the Project Costs)
associated with the conveyance. "Surveys" include but are not limited to surveys by professional land
surveyors, and surveys for environmental studies. "Administrative Costs" include but are not limited to
costs for BLM to develop the statement of work for environmental studies, set up and administer the
contract for those studies, process the needed permits, review the reports, complete data entry, and
conduct Tribal consultation.
The Memorandum of Agreement (MOA) is the funding agreement between Deschutes County and
BLM. BLM estimates the Project Costs will be $81,121. BLM will bear the cost of complying with
the National Environmental Protection Act (NEPA) and the cost of project lead, in the amount of
$13,595. Also, BLM waived the indirect administrative costs associated with this work. If Project
Costs are less than the estimate, BLM will return any unused funds to Deschutes County.
FISCAL IMPLICATIONS:
BLM will establish an internal dedicated "contributed funds" account and Deschutes County will
deposit $81,121 to that account. This expenditure is not budgeted.
Deschutes County will enter into Intergovernmental Agreements with La Pine Parks and Recreation
District and the City of La Pine to recover the entire amount of Project Costs.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends Board signature of Document 2013-056.
ATTENDANCE: Teresa Rozic
DISTRIBUTION OF DOCUMENTS:
Two originals to Teresa Rozic. One will be returned when signed by BLM.
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form
electronically to the Board Secretary.)
Please complete all sections above the Official Review line.
Date: 102114/20131 Department: IProperty & Facilitiesl
Contractor/Supplier/Consultant Name: Bureau of Land Mana emen
Contractor Contact: ICarol Benkosk~ Contractor Phone #: 541-416-6798
Type of Document: Memorandum of Agreement
Goods and/or Services: Survey and administrative costs associated with conveyance
of real property.
Background & History: On August 10, 2012, President Obama signed the La Pine
Land Conveyance Act (the Act), Public Law 112-164, which directs the Secretary of the
Interior, acting through the Director of the Bureau of Land Management (BLM), to
convey to Deschutes County, without consideration, all right, title and interest in and to
land depicted on the attached map (the Property).
The Act states that Parcel A shall be used for a outdoor recreation, open space, or
public parks, including a rodeo ground; Parcel B shall be used for a public sewer
system; and Parcel C shall be used for a public library, public park, or open space.
Deschutes County will convey Parcel A to the La Pine Parks and Recreation District.
BLM will convey Parcels Band C directly to the City of La Pine.
The Act requires the County to pay all survey and other administrative costs (the Project
Costs) associated with the conveyance. "Surveys" include but are not limited to surveys
by professional land surveyors, and surveys for environmental studies. "Administrative
Costs" include but are not limited to costs for BLM to develop the statement of work for
environmental studies, set up and administer the contract for those studies, process the
needed permits, review the reports, complete data entry, and conduct Tribal
consultation.
The Memorandum of Agreement (MOA) is the funding agreement between Deschutes
County and BLM. BLM estimates the Project Costs will be $81,121. BLM will bear the
cost of complying with the National Environmental Protection Act (NEPA) and the cost
of project lead, in the amount of $13,595. Also, BLM waived the indirect administrative
costs associated with this work. If Project Costs are less than the estimate, BLM will
return any unused funds to Deschutes County.
Agreement Starting Date: IUpon signatur~ Ending Date: panuary 31 t 20141
Annual Value or Total Payment: 1$81,121.001
2/14/2013
I
N/A
D Insurance Certificate Received
Insurance Expiration Date: '------'
,-:-'---,
N/A
Check all that apply:
D RFP, Solicitation or Bid Process
D Informal quotes «$150K)
D Exempt from RFP, Solicitation or Bid Process (specify see DCC §2.37)
Funding Source: (Included in current budget? D Yes ~ No
If No, has budget amendment been submitted? DYes ~ No
Is this a Grant Agreement providing revenue to the County? D Yes ~ No
Special conditions attached to this grant:
Deadlines for reporting to the grantor:
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that
it is a grant-funded position so that this will be noted in the offer letter: D Yes No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: Teresa Rozic Phone #: 385-1414
Department Director Approval: ~ d-/t5IdO/~
Signature Date
Distribution of Document:
Two originals to Teresa Rozic. One will be returned when signed by BLM.
Official Review:
County Signature Required (check one): 0 BOCC 0 Department Director (if <$25K)
Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. ____-')
Legal Review Date
Document Number 2013-056
2/14/2013
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LA PINE, OREGON LAND TRANSFER
December 11, 2009
This map prepared at the request of Senator Wyden
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LEGEND
Power Sub-Station
Federal Lands Proposed
for Transfer
Transportation
Federal Highway
Road
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No warran ty Is made by the Bureau of Land
Management .s to tha accuracy. reliability, or
completene.s of these data for individual or aggregate
use with other data. Original data were complied from
various sources . This information may not meet
NaUonal Map Ar:.curacy Standards. This product was
developed through digital means and may be updated
wfthout notification.
24 19
R 11 E
Administered Land
Bureau of Land
Management
U.S . Forest Service
Private or Other
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8.270
ene itlundred 1!:mdfth [ongress
of the
ti.nited ~t~tes of :america
AT THE SECOND SESSION
Begun and held at the City ofWmhintJton on Tuesday,
the third day of/annary, two thowand and lwelre
an act
To direct the Secretary or the I ntenor to convey certain Federal land to Deschutes
County. Oregon.
Be it enacted by the Senate and House of Representatives of
the United States ofAmerica in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "La Pine Land Conveyance Act".
SEC. 2. DEFINITIONS.
In this Act:
(1) CITY.-The term "City" means the City of La Pine,
Oregon.
(2) COUNTY.-The term "County" means the County of
Deschutes, Oregon.
(3) MAP.-The term "map' means the map entitled "La
Pine, Oregon Land Transfer" and dated December 11, 2009.
(4) SECRETARY.-The term "Secretary" means the Secretary
of the Interior, acting through the Director of the Bureau
of Land Management.
SEC. 8. CONVEYANCES OF LA."ID.
(a) IN GE.'ffiRAL.-As soon as practicable after the date of enact
ment of this Act, subject to valid existing rights and the provisions
of this Act, and notwithstanding the land use planning requirements
of sections 202 and 203 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1712, 1713), the Secretary shall convey
to the City or County, without consideration, all right, title, and
interest of the United States in and to each parcel of rand described
in subsection (b) for which the City or County has submitted to
the Secretary a request for conveyance by the date that is not
later than 1 year after the date of enactment of this Act.
(b) DESCRIPTION OF LAND.-The parcels of land referred to
in subsection (a) consist of
(1) the approximately 150 acres of land managed by the
Bureau of Land Management, Prineville District, Oregon,
depicted on the map as "parcel A", to be conveyed to the
County, which is subject to a right-of-way retained by the
Bureau of Land Management for a power substation and trans
mission line;
(2) the approximately 750 acres of land managed by the
Bureau of Land Management, Prineville District, Oregon,
depicted on the map as "parcel B", to be conveyed to the
County; and
.,
S.270---2
(3) the approximately 10 acres of land managed by the
Bureau of Land Management, Prineville District, Oregon,
depicted on the map as "parcel C', to be conveyed to the
City.
(c) AVAILABILITY OF MAP.-The map shall be on file and avail
able for public inspection in the appropriate offices of the Bureau
of Land Management.
(d) USE OF CONVEYED LAND.
(1) IN GENERAL.-Consistent with the Act of June 14, 1926
(commonly known as the "Recreation and Public Purposes Act")
(43 U.s.C. 869 et seq.), the land conveyed under subsection
(a) shall be used for the following public purposes and associ
ated uses:
(A) The parcel described in subsection (b)(I) shall be
used for outdoor recreation, open space, or public parks,
including a rodeo ground.
(B) The parcel described in subsection (b)(2) shall be
used for a public sewer system.
(C) The parcel described in subsection (b)(3) shall be
used for a public library, public park, or open space.
(2) ADDITIONAL TERMS AND CONDITIoNs.-The Secretary
may require such additional terms and conditions for the
conveyances under subsection (a) as the Secretary determines
to be appropriate to protect the interests of the United States.
(e) ADMINISTRATIVE COSTs.-The Secretary shall require the
County to pay all survey costs and other administrative costs associ
ated with the conveyances to the County under this Act.
(f) REVERSION.-If the land conveyed under subsection (a)
ceases to be used for the public purpose for which the land was
conveyed, the land shall, at the discretion of the Secretary, revert
to the United States.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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MEMORANDUM OF AGREEMENT (MOA)
Between the
Deschutes County Board of Commissioners
and the
Bureau of Land Management Oregon State Office
Branch of Land, Mineral, and Energy Resources
I. PARTIES TO THE MEMORANDUM OF AGREEMENT
This is a funding Memorandum of Agreement (MOA) between the Deschutes County Board
of Commissioners, hereinafter called Deschutes County, and the Oregon State Office of the
Bureau of Land Management, hereinafter called BLM.
II. DURATION OF THE MOA
This MOA is effective upon the date of the last signature below and expires on January 31,
2014. It may be modified as necessary to complete the work described below.
III. PURPOSE AND SCOPE
The purpose of this MOA is to fulfill intent of Section 3 (e) ofthe La Pine Land Conveyance
Act of August 10, 2012 which states that the Secretary shall require the County to pay all
survey costs and other administrative costs associated with the conveyances to the County
under this Act. The work described below is required to fulfill the objectives of the legislated
land conveyance authorized by the Act.
IV. BACKGROUND
On August 10,2012, President Obama signed the La Pine Land Conveyance Act (the Act),
Public Law 112-164, which transfers the ownership of about 910 acres of public lands
administered by the Bureau of Land Management (BLM) to Deschutes County and the City
of La Pine. The lands will be conveyed subject to valid and existing rights for the public
purposes described in the legislation.
The Act transfers three separate parcels of land within and adjacent to the City of La Pine, in
southern Deschutes County. Parcel A is 150 acres and will be conveyed for outdoor
recreation, open space, or public parks, including a rodeo ground. Parcel B is approximately
750 acres and will be conveyed for a public sewer system. Parcel C is 3.26 acres and will be
conveyed for a public library, public park, or open space.
According to the Act, if the land is not used for the purposes described above, the ownership
shall, at the discretion of the Secretary of the Department ofthe Interior, revert to the United
States.
DC 2013-056 1 DC 20 13 ~ 0 56
The legislation requires the County to pay all survey costs and other administrative costs
associated with the conveyances in completing these procedures.
As part of the property evaluations the expenses include but are not limited to; a Phase-l
Environmental Site Assessment (ESA), in accordance with the American Society for Testing
and Materials (ASTM) 2247-08 Standard. 40 CFR Part 312 acknowledges that this may be
used to meet the "All Appropriate Inquiry" (AAI) Standards. The purpose of the Phase-l
ESA is to provide all parties with knowledge ofthe full range of"environmental issues and
liabilities" associated with the parcels.
Administrative requirements include a Cadastral Survey/Supplemental Plat and Legal
Description Review; mandated resource clearances; a cultural resources inventory and report;
project coordination with holders of existing rights; and other tasks necessary to support the
land conveyance. The parties agree to the following responsibilities and estimated costs and
understand these could be subject to change.
This MOA defines the steps and required cost elements of processing this land conveyance
and the shared responsibility between Deschutes County and the BLM.
v. RESPONSIBILITIES OF PARTIES
The Parties agree to provide the following services and responsibilities:
Deschutes County will:
o Issue a check, purchasing order, or similar document to the BLM for $81,121.00 which
represents its respective share of the estimated Administrative Processing Costs as
outlined on the attached Processing Task Summary.
The BLM will:
o Support the role of project lead in the amount estimated to be $13,595.00. Project
coordination and the processing all realty functions are required to comply with Federal
mandates.
o BLM will complete all mandated resource clearances in accordance with the BLM
standards.
o A Cultural Resources contract requires BLM to develop the statement of work, set up and
administer the contract, process the needed permits, review the reports, complete data
entry, prepare letters to the State Historic Preservation Office, conduct Tribal consultation
with four Tribes by writing letters and/or follow-up phone calls.
o Communicate all plans and schedules for coordinating the work with Deschutes County.
DC 2013-056 2
o Provide briefings and/or reports of the progress of all work including the Phase-l ESA
services and advisories in the event that additional work is required.
o Provide documentation of the completed work to Deschutes County in accordance with
normal administrative protocols. The information will be used by Deschutes County to
complete its financial recordkeeping and other administrations involving the land
conveyance project.
o Upon signature of this agreement, the BLM will provide a payment request via postal
mail to the Board of Commissioners, Deschutes County at the address (PO Box 6005,
Bend, Oregon 97708-6005) for use in furnishing to the BLM the lump sum payment of
Deschutes County's required share of the costs as itemized on the attached Processing
Task Summary.
Relationship of the Parties:
o Neither party has the authority to commit the other party to any act, responsibility, or
liability unless that other party has given such prior authority in writing.
o All transactions shall be in accordance with applicable, Federal, State and local laws,
policies, procedures, and regulations.
VI. FINANCIAL ARRANGEMENTS
A. Signature of this MOA shall constitute evidence that the work is agreed to by both
parties, including its cost estimate.
B. Deschutes County agrees to provide initial financial support as shown on the attached
Processing Task Summary.
C. The indirect administrative costs associated with this work have been waived by the BLM
State Director.
D. To initiate work, Deschutes County will provide a check in the amount listed below,
made payable to "USDI-BLM", and sent to: Bureau of Land Management, Oregon State
Office (OR936), P.O. Box 2965, Portland, Oregon 97208.
E. If the scope of work is modified under the terms included in VII. GENERAL
PROVISIONS, additional or reduced funding may be required subject to the modified
agreement.
F. The BLM has established a dedicated internal "contributed funds" financial account for
use in receiving funds from Deschutes County for the land conveyance and for
completing the necessary tasks.
DC 2013-056 3
G. The Deschutes County cost-share is furnished in accordance with an estimate provided by
the BLM and is intended to cover professional services and administrative costs as
provided in the negotiation of this MOA. The amount of this cost-share payment shall be
$81,121.00.
H. If any funding furnished by Deschutes County remains unused by the BLM upon
completion of the conveyance processing, it will be returned to Deschutes County.
VII. GENERAL PROVISIONS
This MOA shall commence upon the date of final signature of the parties hereto. Either party
may terminate this MOA upon thirty (30) days written notice sent to the address listed for
that entity.
This MOA may be amended by mutual concurrence of both parties to modifY the scope of
service included in this MOA, including the costs to complete the modified work. This
would likely be necessary to facilitate the cost-shared completion of other required fieldwork
or administrative procedures for this Federal land conveyance. Such modifications shall be
attached to this agreement and completed with both parties' signatures.
VIII. DISPUTES
In the event of any dispute emerging, the parties agree to solve the problem by way of mutual
and responsible negotiation.
VII. EFFECTIVE DATES AND SIGNATURES
This MOA shall be effective upon the signature of both parties' authorized officials and shall
remain in force until January 31, 2014. The Deschutes County Board of Commissioners and
the BLM indicate agreement with this MOA by their signatures below.
Alan Unger, Chair Jerome E. Perez
State Director, Oregon/Washington
DOl, Bureau of Land Management
P.O. Box 2965
Tammy Baney, Vice Chair Portland, Oregon 97208
Date---------------------
Anthony DeBone, Commissioner
Dme_________________
REVIEWED
4DC 2013-056 LEGAL COUNSEL
La Pine Land Conveyance Act
Processing Task Summary Cost Estimate
Mandated Resource Clearances and NEP A
Botanical Report for EA $1,672
Wildlife Report for EA $2,423
Range Report for EA $2,001
Environmental Coordinator Review $2,699
Writing EA (6 weeks est.) $4,800 !
Resource Clearance and NEP A Costs $13,595
Administrative Processin2 Costs
Cadastral Survey/Supplemental Plat and Legal Description
Review & Certificate $6,200
GIS Support $447
Hazmat Inventory and Report / Environmental Site
Assessment $4,664
Cultural Staff -Administer CR Contract $11,510*
Contract for Cultural Resources Inventory and Report $30,000
Project coordination to date $7,500
Completing Realty Responsibilities $20,800
Administrative Processin2 Costs $81,121
* A Cultural Resources Contract would require an additional 20 days of costs for BLM to
develop the statement of work, set up and administer the contract, process the needed permits,
review the reports, complete data entry, prepare letters to SHPO, conduct Tribal consultation
(letters and follow-up phone calls with four Tribes).
** Deschutes County would be asked to provide BLM with $81,121. This would be deposited in
a Contributed Funds Account and used by District staff as indicated above. All funds not
expended would be refunded to the County.
The role of writing the EA would be borne by the BLM.