COOPERATIVE MANAGEMENT AGREEMENT between the NATIONAL PARK SERVICE and CARTERET COUNTY for THE COOPERATIVE MANAGEMENT of WATERWAYS SERVING NPS PROPERTIES

This Cooperative Management Agreement (Agreement) is made and entered into by and between Carteret County, Waterways Management Committee (County) and the United States of America (United States), acting through the National Park Service (NPS). The County and the NPS may . hereinafter be referred to as a "Party" or collectively as "Parties."

Article I - Background and Objectives

Cape Lookout National Seashore (Park) consists of four principle islands that are only accessible by boat. To the east and south of the islands lies the Atlantic Ocean. North and west of the islands, numerous channels or waterways cut through shallow Core Sound.

South Core Banks, located within Carteret County, North Carolina, is the major island at Cape Lookout National Seashore, the major tourist destination, and is only accessible by boat. The waterways associated with South Core Island within NPS boundaries include Great Island Ferry Channel, Channel at Back Sound, Lighthouse Channel, Les and Sally's Channel, Coast Guard Channel, Lookout Bight, and the Drain. Barden Inlet, a congressionally authorized channel, is the principle channel that feeds all these associated waterways, most of which lie within NPS boundaries, and is frequently used to reference the system. Barden Inlet dredging operations were last funded in 1975. The Park concession-operated ferry service, hosting over 100,000 visitors each year, uses Barden Inlet. Twelve of the NPS commercial use tour operators frequently use this route, and an estimated 100,000 recreational boaters access the Park via Barden Inlet. NPS operations uses this route on a daily basis.

Shackleford Island, home to the historic wild Shackleford horse herd, is accessible via the east end landing off of Barden Inlet, and the Shackleford dock on the west end of the island. These areas are within NPS boundaries. These areas are only accessible by boat.

North Core Banks is accessible through the Longpoint Ferry Channel, and Portsmouth Island is accessible through a series of channels (Casey's Channel, Haulover Channel, and the Coastguard Channel). Haulover Channel and Coastguard Channel are within NPS boundaries. These areas are only accessible by boat.

Shoaling, waves of sand under the surface of the water that accrete and make the area too shallow for safe navigation, is a consistent problem in Core Sound. Shoaling in established waterways is a

1 hazard to boat traffic. Hurricane Florence in 2018 exacerbated the problem by moving more sediment into the waterways.

Currently, the U.S . Coast Guard (USCG) is proposing to permanently discontinue 21 aids to navigation (ATONs) because of significant shoaling between Barden Inlet Buoy 8 and Barden Inlet Light 35, which is the majority of all remaining markers in the area. Five ATONs were previously removed in 2017 along the network of channels that the U.S. Army Corps of Engineers (ACOE) designates as the "Channel at Back Sound". If the ATON's are removed, USCG captains will not be able to run passengers through the inlet without risking the loss of license. The USCG concern and proposed action has fueled the need for better management of the waterways serving Cape Lookout National Seashore.

Established in 2015, the County's Waterways Management Committee (WMC) is an eight­ member group appointed by the Carteret County Board of Commissioners. The WM C's main objectives are: to educate and seek input regarding waterway maintenance; formulate and maintain a schedule of needed waterway maintenance; develop funding options and sources for dredging and disposal/beneficial use; provide available funding to leverage the North Carolina state Shallow Draft Channel funds; and coordinate closely with Federal and State agencies to maintain existing navigable channels within the County. The WMC possesses considerable experience and knowledge in planning, permitting, and coordinating dredging and educating the public about waterways.

The Parties share the mutual goal of providing safe and enjoyable access, for educational activities, tourism, historic study, and recreation to visitors and residents as they experience Cape Lookout National Seashore.

The Parties concur that their cooperation and joint commitment of resources will benefit: • The public by rendering safer, more cost-effective, maintenance of waterways accessing this remote area of the County and NPS; • Tourism and economic development by ensuring safe access to desirable destinations within the County and NPS; • The Parties through greater efficiency and cost savings derived from their joint efforts related to operating procedures and practices; and • The NPS resources through cooperative integrated resource protection during dredging operations.

The County intends to provide a number of services to support the NPS in its efforts to provide safe routes for Park visitors to NPS destinations via established waterways. The County intends to provide its considerable experience and knowledge in managing and coordinating dredging work with the North Carolina Division of Water Resources (NCDWR) and the ACOE. The County is the principle conduit for coordination between NCDWR and the ACOE.

2 Article II - Authority

A. The NPS enters into this Agreement pursuant to the following authorities:

1. General Authority to Take Actions That Promote and Regulate Units of the National Park System (54 U.S.C. § 100101 - 100102): The NPS Organic Act directs the Secretary to promote and regulate National Park System lands by such means and measures as to conform to the fundamental purpose of such lands, namely, conservation of the scenery and the natural and historic objects and wildlife therein, and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations.

2. Authority to Use Cost-Share Arrangements with Partners (54 U.S.C. § 101701): Authorizes the Secretary to enter into an agreement with a cooperator for the purpose of sharing costs or services in carrying out authorized functions and responsibilities with respect to the National Park System, any NPS program, any affiliated area, or any designated National Scenic or Historic Trail. The Secretary is authorized to provide the federal funding share from any funds available to the NPS.

3. Authority to Use Agreements for the Transfer of Appropriated Funds to Carry Out NPS Programs (54 U.S.C. § 101702): Authorizes the NPS to enter into cooperative agreements that involve the transfer ofNPS-appropriated funds to State, local and tribal governments, other public entities, educational institutions, and private nonprofit organizations for the general purpose of carrying out NPS programs.

4. Authority to Use Federal Lands Recreation Enhancement (FLREA) Funds (16 U.S.C § 6807(a)(3)(a)). Authorizes the NPS to spend fee dollars for the repair, maintenance, and facility enhancement related directly to visitor enjoyment, visitor access, and health and safety.

5. Authority to Use Agreements for Cooperative Management Where Park System Lands are Near State or Local Parks (54 U.S.C. § 101703): Authorizes the Secretary to enter into an agreement with a State or local government agency to provide for the cooperative management of Federal and State or local park areas.

B. The County enters into this Agreement pursuant to the following authorities:

1. Authority to Cooperate with Other Governmental Entities (Article 20 § 160A-475): Specific powers of council. The charter may confer on the regional council any of the following powers: (1) To apply for, accept, receive, and dispense funds and grants made available to it by the State of North Carolina or any agency thereof, the Unite.cl States of America or any agency thereof, any unit of local government (whether or not a member of the council), and any private or civic agency.

3 2. Authority of the State of North Carolina to work with ACOE (Water Resources Development Acts of 1986 & 1992, Public Laws 99-662 and 102-5 80, respectively) to make binding commitments to carry out the non-federal responsibilities related to USACE projects, including making cash contributions to projects.

3. Authority of the County to undertake dredge and fill projects: ACOE General Permit No. 198000291, Permit to authorize those construction activities in the 20 coastal counties (includes Carteret County) receiving prior approval from the state of North Carolina in the form of a Coastal Area Management Act (CAMA) permit, and/or state dredge and fill permit, and if required, a water quality certification, that are otherwise not eligible for federal authorization in the form of a nationwide permit or a.nother regional general permit.

Article III- Statement of Work

A. The NPS and the County shall:

1. Designate liaisons to work cooperatively to jointly schedule waterway maintenance, coordinate permitting activities, delineate potential spoil locations both in arid outside the Park, and coordinate dredging operational components with the ACOE along all waterways within the Park.

2. Expedite decisions and agreements considered vital to the Parties' mutual goals and to this Agreement and resolve any issues that arise as expeditiously as possible.

3. Collaborate on obtaining any required approvals or permits before undertaking activities associated with this Agreement.

4. Collaborate to enhance visitor and members of the local communities understanding of channels, inlets, and waterways within the NPS boundaries.

5. Develop an Operations Plan to establish a cooperative framework for administrative and maintenance commitments in accordance with applicable laws and policies governing the National Park System, Carteret County, the State of North Carolina and the Army Corps of Engineers. This Plan will include Annual Work Plans to delineate activities and projects for both Parties and identify interagency cost efficiencies.

6. Ensure a seamless continuation of visitor access for ferry service, tour service, and private boaters during and following the dredging operations by working collaboratively with the USCG and the ACOE.

7. Coordinate on the design, text, and maintenance of any existing signs or signs to be installed along the waterways in accordance with USCG regulations.

4 8. Collaborate on outreach activities with local officials, various neighborhood and community organizations, the chamber of commerce, tourism industry representatives, and others to further information and lmowledge about the Park waterways.

· 9. Explore the feasibility of entering into additional partnerships with local, state, and national organizations to provide for visitor access via waterways.

B. The County shalJ:

1. Educate and seek input regarding waterway maintenance, formulate and maintain a schedule of needed waterway maintenance, develop funding options and sources for dredging and disposal for beneficial use, and coordinate closely with Federal and State agencies to maintain existing navigable channels within the County in consultation with the NPS for NPS waterways. This is subject to the funding made available by the County and NPS for such purposes and in accordance with the coastal management plan, unless otherwise agreed upon by the Parties.

2. Use funds secured under this agreement from the NPS firstly on the dredging portions of the Barden Inlet associated waterways below USCG standards that are non­ congressionally authorized, secondly on dredging Great Island Ferry Channel, thirdly dredging the outermost third of Shackleford dock, and fourthly on dredging remaining Waterways serving NPS properties.

3. Provide guidance to the NPS staff to promote a better understanding of the requirements and policies relating to County operations, management, collaboration, and fundraising.

4. Coordinate with the state of North Carolina for matching Shallow Draft Navigation Channel Dredging and Aquatic Weed Funds to be used on the congressionally­ authorized portion ofBarden's Inlet.

5. Coordinate with the State of North Carolina, ACOE and the NPS for permitting and route finding as required.

6. Collect and retain fees, if appropriate and in consultation with the NPS, for activities in the County portion to help offset the County's cost of coordination and permitting.

7. In consultation with the NPS, maintain planning, coordination roles for waterways serving NPS properties in a consistent manner for ten (10) years from the effective date of the Agreement; or when the Parties otherwise agree in writing to terminate the County's commitment.

5 8. Establish and maintain a collaborative relationship with the NPS with the goal of maintaining safe, navigable waterways for access to NPS properties.

9. Continue to promote visitor and community education about waterways serving NPS properties in consultation with the NPS.

10. Assist and provide input on various NPS-led planning and management initiatives, related to waterways serving NPS properties, as time and funding permit.

C. The NPS shall:

I. Assign staff from the Park for the purposes of planning, coordination, and permitting to work with County staff.

2. Work closely with the County to develop a waterway maintenance plan, formulate, and maintain a schedule of needed waterway maintenance.

3. Use available authorities to seek formal relationships through signed agreements with partner organizations to facilitate joint goals for the maintenance of safe waterways.

4. Provide guidance to the County's staff to promote a better understanding of the requirements and policies relating to NPS operations, management, collaboration, and fundraising.

5. In consultation with the County, maintain planning, coordination and permitting roles for waterways serving NPS properties in a consistent manner for ten ( l 0) years from the effective date of the Agreement; or when the Parties otherwise agree in writing to terminate the County's commitment.

6. Request operations funding specifically for the NPS waterways dredging and maintenance.

7. Seek funding through the NPS Cyclic Maintenance Program or other funding programs as they are developed, to help maintain the NPS waterways maintenance.

8. Review proposed donations of funds and in-kind goods and services to the Park to ensure that they meet NPS needs and policy requirements.

9. Lead various planning and management initiatives, including a waterways maintenance and dredging plan. This plan will be developed with full public involvement to address longer-term approaches to operations, programming, and education consistent with the established purpose of the Park by engaging a variety of stakeholders, including the County, local, national, and international communities in the development of the plan.

6 Article IV - Term of Agreement

This Agreement shall remain in effect for a period often (I 0) years, unless terminated earlier per Article IX. The period from the Effective Date to the Expiration Date is the period of performance for the Agreement (Agreement Term). This Agreement can be extended for another ten (10) years with the written concurrence of both Parties.

Article V - Key Officials

Key officials are essential to ensure maximum coordination and communication between the Patties. The Key Officials are:

FortheNPS:

Jeff West Superintendent Cape Lookout National Seashore 131 Charles Street. Harkers Island, NC 28531 [email protected]

For the County:

Gregory "Rudi" Rudolph Carteret County Shore Protection Officer Carteret County Beaufort, NC 28516 grudo [email protected]

Notices from either Party with respect to this Agreement must be in writing and delivered by mail, personal delivery, electronic delivery, or other appropriate means to the Key Officials of the other Party at the addresses or contact information indicated above.

Any permanent change in personnel designated as a Key Official requires written notice to the other Party reasonably in advance of the proposed change. The notice will include the reason(s) for the change with sufficient detail to permit evaluation of the impact of such change on Article III of this Agreement. Any permanent change in Key Officials will be reflected in a written modification to this Agreement.

Article VI - Expenditure of Funds

7 This Agreement does not obligate NPS or County to expend any funds in excess of appropriations authorized by law. The commitment of funds in futtherance of this Agreement shall be authorized by individual Miscellaneous Obligations issued against this Agreement identifying each project or group of projects, amount offunds, Key Officials, and any other special term or condition applicable to the specific project. A sample Miscellaneous Obligation form is attached as Attachment B. Unless otherwise specified, the terms and conditions as stated in this Agreement shall apply to all Miscellaneous Obligations. Subsequent Miscellaneous Obligations forms shall become part of this Agreement.

Article VII - Liability

Each Party to this Agreement will be liable for the acts or omissions of its respective officers, employees, agents, representatives, and contractors to the extent authorized by applicable Federal, State or local law. Unless otherwise agreed to in writing by the Parties, no officer or employee of one Party will be deemed to be an officer, employee, agent, representative or borrowed servant of the other Party. The provisions of this Article VII herein shall survive the expiration or early termination of this Agreement.

Article VIII- Property Utilization

All tools, equipment, materials or other business property furnished by the NPS shall remain the property of the NPS. Similarly, any tools, equipment, materials or other business property furnished by the County shall remain the property of the County.

Article IX - Modification and Termination

This Agreement may be modified only by a written instrument executed by the Parties.

Either Party may terminate its participation in this Agreement with cause by providing sixty (60) days written notice to the other Party following the expiration of any notice and cure period applicable to the alleged default by the non-terminating Party.

In the event of a breach of this Agreement by one of the Parties, the non-breaching Party may provide the breaching Party with an opportunity to cure the breach by a date specified in a Cure Letter. If the breach is not cured to the satisfaction of the non-breaching Party by the specified date, this Agreement will terminate upon the breaching Party's receipt of a Notice of Termination for Breach.

Article X- Standard and Required Clauses

8 1. Compliance with Applicable Laws: This Agreement and performance hereunder is subject to all applicable laws, regulations and government policies, whether now in force or hereafter enacted or promulgated. Nothing in this Agreement shall be construed as in any way imparting the general powers of the NPS to supervise, regulate, and control its property under such applicable laws, regulations, and management policies. Nothing in this Agreement shall be construed to be inconsistent with or contrary to the purpose or intent of any Act of Congress.

2. Compliance with Additional Laws: In addition to other laws, regulations and policies referenced in this Agreement, the County is on notice that, where applicable, it must comply with, and assist NPS in complying with additional laws, regulations, Executive Orders and policies including, but not limited to the Americans with Disabilities Act (42 U.S.C. § 12101), Architectural Barriers Act (42 U.S.C. § 4151 et seq.), the Rehabilitation Act (29 U.S.C. § 701 et seq. as amended), the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.), the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4821, et seq.), the National Environmental Policy Act (42 U.S.C. § 4321 et seq.), the Clean Air Act (42 U.S.C. § 7401, et seq.), The National Historic Preservation Act (54 U.S.C. § 100100), the Archaeological Resources Protection Act of 1979 (16 U.S.C. § 470aa), Providing For Administration Of The Clean Air Act And The Federal Water Pollution Control Act With Respect To Federal Contracts, Grants, Or Loans (Exec. Order No. 11738), Wetlands Protection (Exec. Order No. 11990) and Flood Hazards in Floodplains (Exec. Order No. 11988), Planning for Federal Sustainability in the Next Decade (Exec. Order No. 13693).

3. Non-Discrimination: All activities pursuant to this Agreement shall be in compliance with the requirements of Executive Order 11246, as amended; Title VI of the Civil Rights Act of 1964, as amended, (78 Stat. 252; 42 U.S.C. §§ 2000d et seq.); Title V, Section 504 of the Rehabilitation Act of 1973, as amended, (87 Stat. 394; 29 U.S.C. § 794); the Age Discrimination Act of 1975 (89 Stat. 728; 42 U.S.C. §§ 6101 et seq.); and with all other Federal laws and regulations prohibiting discrimination on grounds of race, color, sexual orientation, national origin, disabilities, religion, age, or sex.

4. Lobbying Prohibition: 18 U.S.C. § 1913, Lobbying with Appropriated Moneys, as amended by Public Law 107-273, Nov. 2, 2002 - No part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, a jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law, ratification, policy, or appropriation, whether before or after the introduction of any bill, measure, or resolution proposing such legislation, law, ratification, policy, or appropriation; but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to any such Members or official, at his request, or to Congress or such official,

9 through the proper official channels, requests for legislation, law, ratification, policy, or appropriations which they deem necessary for the efficient conduct of the public business, or from making any communication whose prohibition by this section might, in the opinion of the Attorney General, violate the Constitution or interfere with the conduct of foreign policy, counter-intelligence, intelligence, or national security activities. Violations of this section shall constitute violations of 31 U.S.C. § 1352 seetion 1352 (a) of title 31. In addition to the above, the related restrictions on the use of appropriated funds found in Div. F, § 402 of the Omnibus Appropriations Act of 2008. (P.L. 110-161) also apply.

5. Anti-Deficiency Act: Pursuant to 31 U.S.C. § 1341 nothing contained in this Agreement shall be construed as binding the NPS to expend in any one fiscal year any sum in excess of appropriations made by Congress, for the purposes of this Agreement for that fiscal year, or other obligation for the further expenditure of money in excess of such appropriations.

6. Minority Business Enterprise Development: Pursuant to Executive Order 12432 it is national policy to award a fair share of contracts to small and minority firms. NPS is strongly committed to the objectives of this policy and encourages all recipients of its Cooperative Agreements to take affirmative steps to ensure such fairness by ensuring procurement procedures are carried out in accordance with the Executive Order,

7. Assignment: No part of this Agreement shall be assigned to any other party without prior written approval of the NPS and the assignee.

8. Member of Congress: Pursuant to 41 U.S.C. § 22, no Member of Congress shall be admitted to any share or part of any contract or agreement made, entered into, or adopted by or on behalf of the United States, or to any benefit to arise thereupon.

9. Agency: The County is not an agent or representative of the United States, the Department of the Interior, NPS, or the Park, nor will the County represent itself as such to third parties. NPS employees are not agents of the County and will not act on behalfofthe County.

10. Non-Exclusive Agreement: This Agreement in no way restricts the County or NPS from entering into similar agreements, or participating in similar activities or arrangements, with other public or private agencies, organizations, or individuals.

11. Survival: Any and all provisions which, by themselves or their nature, are reasonably expected to be performed after the expiration or termination of this Agreement shaH survive and be enforceable after the expiration or termination of this Agreement. Any and all liabilities, actual or contingent, which have arisen during the term of and in connection with this Agreement shall survive expiration or termination of this Agreement. Reference Articles VI (Expenditure of Funds) and VII (Liability).

10 12. Partial Invalidity: If any provision of this Agreement or the application thereof to any party or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement or the application of such provision to the parties or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

13. Captions and Headings: The captions, headings, article numbers, section letters, and paragraph numbers appearing in this Agreement are inserted only as a matter of convenience and in no way shall be construed as defining or limiting the scope or intent of the provision of this Agreement nor in any way affecting this Agreement.

14. No Employment Relationship: This Agreement is not intended to and shall not be construed to create an employment relationship between NPS and the County or its representatives. No representative of the County shall perform any function or make any decision properly reserved by law or policy to the Federal government.

15. No Third-Party Rights: This Agreement creates enforceable obligations between only NPS and County. Except as expressly provided herein, this Agreement shall not be construed to create any right of enforcement by or any duties or obligation in favor of persons or entities not a party to this Agreement.

16. Foreign Travel: In the event that there is a federally funded task agreement, then the County shall comply with the provisions of the Fly America Act (49 U.S.C. 40118) regarding any activity pursuant to this Agreement. The implanting regulations of the Fly America Act are found at 41 CPR 301-10.131 through 301-10.143.

17. Disputes: The Parties agree that in the event of a dispute between them, NPS and the County shall promptly use their best efforts to resolve the dispute in an informal fashion through communication and consultation or other forms of non-binding alternative dispute resolution practices that are mutually acceptable to the Parties.

18. Merger: This Agreement, including any attachments hereto and documents incorporated by reference herein, contains the sole and entire Agreement of the Parties with respect to the subject matter of this Agreement.

19. Waiver: If a Party fails to exercise any rights or to insist that the other Party comply with any obligations, no such failure or instance shall be a waiver of a right of a Party to demand strict compliance with each duty or obligation. No custom or practice of the Parties which varies from the terms of this Agreement shall constitute a waiver of the right of a Party to demand exact compliance. Waiver by one Party of any particular default by the other Party shall not affect or impair a Party's rights in connection with any subsequent default of the same or of a different nature, nor shall any delay or omission of a Party to exercise any rights arising from such a default affect or impair the rights of that Party as to such default or any subsequent default.

11 All waivers of any duty or obligation by a Party must be express and evidenced in writing.

20. Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original (including copies sent to a party by facsimile transmission) as against the party signing such counterpart, but which together shall constitute one and the same instrument.

21. No Third-Party Beneficiaries: Unless expressly stated herein, nothing in this Agreement is intended to grant any rights or provide any benefits to any third party.

22. Force Majeure: Neither party shall be liable for failure to perform its obligations under this Agreement due to events beyond its reasonable control, including, but not limited to, strikes, riots, wars, fires, acts of God, and acts in compliance with or required by any applicable law or regulation.

23. Public Information and Endorsements:

a) The County shall not publicize or otherwise circulate promotional material (such as advertisements, sales brochures, press releases, speeches, still and motion pictures, articles, manuscripts or other publications) which states or implies governmental, Departmental, bureau, or government employee endorsement of a business, product, service, or position which the County represents. No release of information relating to this award may state or imply that the Government approves of the County's work products, or considers the County's work product to be superior to other products or services.

b) All information submitted for publication or other public releases of information regarding this project shall carry the following disclaimer: "The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions or policies of the U.S. Government. Mention of trade names or commercial products does riot constitute their endorsement by the U.S. Government."

c) Unless disclosure is required by law, or pursuant to a court order, subpoena, or other validly issued order or notice of a court or administrative body of competent jurisdiction, the County must obtain prior Government approval for any public information releases concerning this award which refer to the Department of the Interior or any bureau or employee (by name or title). The specific text, layout photographs, etc. of the proposed release must be submitted with the request for approval.

d) The County further agrees to include this provision in a sub-award to a sub­ recipient, except for a sub-award to a State government, a local government, or to a federally recognized Indian tribal government.

12 24. Publications of Results of Studies: No party will unilaterally publish a joint publication without consulting the other party. This restriction does not apply to popular publications of previously published technical matter. Publications pursuant to this Agreement may be produced independently or in collaboration with others; however, in all cases proper credit will be given to the efforts of those parties contributing to the publication. In the event no agreement is reached concerning the manner of publication or interpretation of results, either party may publish data after due notice and submission of the proposed manuscripts to the other. In such instances, the party publishing the data will give due credit to the cooperation but assume full responsibility for any statements on which there is a difference of opinion.

25. Rights in Data: The County must grant the United States of America a royalty-free, non-exclusive and irrevocable license to publish, reproduce and use, and dispose of in any manner and for any purpose without limitation, and to authorize or ratify publication, reproduction or use by others, of all copyrightable material first produced or composed under this Agreement by the County, its employees or any individual or concern specifically employed or assigned to originate and prepare such material.

26. Prohibition on Text Messaging and Using Electronic Equipment Supplied by the Government while Driving: Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, was signed by President Barack Obama on October l. This Executive Order introduces a Federal Government-wide prohibition on the use of text messaging while driving on official business or while using Government-supplied equipment. Additional guidance enforcing the ban will be issued at a later date. In the meantime, please adopt and enforce policies that immediately ban text messaging while driving company-owned or rented vehicles, government-owned or leased vehicles, or while driving privately-owned vehicles when on official government business or when performing any work for or on behalf of the government.

27. Freedom oflnformation Act: Any information provided to the NPS under this Agreement is subject to the Freedom oflnformation Act, 5 U.S.C. § 552.

13 Article XI- Signatures

IN WITNESS WHEREOF, the patties hereto have executed this Agreement on the date(s) set faith below.

For the County of Carteret C:ounty, County Board of Commissioners:

Name: Mark Mansfield Date Title: Chairman Caiteret County

For the National Park Service: Name, Jeff[#?+ Title: Superintendent National Park Service, Cape Lookout National Seashore

14 Appendix A Carteret County NPS Framework Agreement

The purpose of this document is to layout the operational objectives, arrangements and expectations between Carteret County (County) and Cape Lookout National Seashore (NPS or Park), collectively, "Parties''.

The Parties share the desire of providing safe waterways for passage and point-to-point travel within those portions of the County that serve NPS prope1ties. The Parties have agreed to work toward specific primary objectives and long-term objectives to achieve safe waterways.

Primary Objective: Overview

The safe navigation of Barden Inlet is the primary goal in this undertaking. As a congressionally authorized channel, the NPS cannot use funds or allow funds it provides to be used towards maintaining this channel. However, the NPS can provide funds towards shallow draft channel dredging to Carteret County for the maintenance dredging of channels within Cape Lookout National Seashore. Under state law Part 8B § 143-215.73F, Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund, funds contributed to counties from non-state entities must be cost-shared at the rate of one non-State dollar for every two dollars from the Fund for Tier II and III Counties as designated by the N.C. Depattment of Commerce. Back Sound to Lookout Bight are specifically listed under defined shallow draft waterways. Through a Memorandum of Agreement (MOA) with the Army Corps of Engineers (ACOE), matching funds from the Shallow Draft Navigation Fund will be distributed to the ACOE for dredging. ACOE will also oversee dredging of the non-congressionally authorized portions covered under the proposal using the NPS contribution. These channels include the Great Island Ferry Channel, the Lighthouse Channel, Les and Sally's Channel, and Shackleford Dock Channel.

Primary Objective: Tasks to Accomplish

• WorkPlan The County and the NPS, working through the respective offices of the Waterways Management Committee (WMC) and Superintendent (respectively), will assign employees to work collaboratively to develop a plan that addresses the dredging needs for South Core Banks waterways that access NPS properties. Each of these waterways will be assigned a priority for dredge work with the understanding that these priorities may shift based on storm damage or based on dredge mobilization information from the ACOE. The Park Superintendent will be available to meet with the WMC or the County

15 commissioners as requested to provide details or answer concerns from the County. The plan will be in accordance with County and State shore protection plans. • Transfer ofNPS Funds to Carteret County NPS will facilitate transfer of available funds to the Carteret County Waterways Management fund for agreed upon uses, as they are available. • Initiating of State Matching funds and Transfer to ACOE Carteret County will file for matching North Carolina Shallow Draft Navigation Channel Dredging and Aquatic Weed Funds and coordinate with the state for transfer of matching funds to a designated ACOE account to support specified operations laid out in the work plan • Coordination with ACOE Carteret County and NPS personnel will meet with the ACOE to coordinate the following tasks: o Public Information NPS, Carteret County, and the ACOE will plan and coordinate public information releases together. o Permitting Carteret County will coordinate pennitting requirements in close cooperation with the ACOE. Carteret County will coordinate activities with North Carolina Coastal Area Management Act (CAMA) permitting through close cooperation with the ACOE. NPS will facilitate any consultations necessary, including NPS Resource Management, National Oceanic and Atmospheric Administration Marine Fisheries, and U.S. Fish and Wildlife. o Dredge Spoil Disposal Plan The NPS and Carteret County, utilizing CAMA where necessary, will coordinate with the ACOE for possible dredge spoil deposits as required. o Dredge Operations Dredge operations will be coordinated through Carteret County and in accordance with standard ACOE procedures.

Secondary Objective: Overview

Restoring safe navigation channels to others areas of the Park, and developing a long-term strategy for maintenance dredging is the secondary objective of the cooperative management agreement. Organized, planned and well-executed maintenance dredging of channels in an orderly fashion will prevent the hazard of shoaling and provide a safer opportunity for the public to use Cape Lookout National Seashore.

16 AppendixB Sample Miscellaneous Obligation Form

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l t 17 U.S. Department of Interior National Park Service Miscellaneous Obligations Approval Form

NPS Miscellaneous Obligations Approval Form Check Aooropriate Use of Miscellaneous Obligation: ' AutoChoice (include GSA Autochoice Price Comparison, NPS Purchase Request Form, Leased vs Owned D Comparison, and FBMS J-1 justification,) D GSA Reimbursable Work al!.Teement (include signed RWA (GSA Form 2957)) D Government Printing Office Request (include printing request forms) D Government Printing Office Request (include printing request forms) D Training (include signed SF-182) I I Land Acquisition (include real estate contract) D Legal Authority/Statue (include legal authority/statute document, signed court order, or other form of support) D Tort Claim and Equal Employment Opportunities (include legal statement and/or judgment, Signed SF-1145 for a Tort Claim) D Emergency Situations (should be declared by the President or the Department and should include Contingency Contracting Officer order and approved invoice) LJ Government Bill of Lading (GBL) other than Permanent Change of Station (include documentation from GSA's TransPort Integrator (TPD) D Fire Agreements (include signed Fire Agreement in accordance with 42 USC 1856a and an approved invoice.) D Pension Benefits (include reference to Public Law 85-157 and monthly invoice from the Government of the District of Columbia) D Possessory Interest Payments for Concessioners (include fully executed contract with concessioner (Concession Contract)) LJ Medical setVices provided by Metropolitan Police Department of the District of Columbia to the U.S. Park Police (include Fully executed Memorandum of Understanding Between the U.S. Park Police and Metropolitan Police Department ofD.C. and approved invoice) LJ Local Travel (include official documentation that supports the need for an employee to travel within the local area for official business.) D Honorariums (include documentation that supports the reason an honorarium is to be paid, along with supervisory/management approval.) LJ Other ( explain)

Note: all other uses need to be described and include an approved waiver Initiator should print name and title and sign form. Name

Title Signature Date

Budget point of contact should print name and title and sign form .. Name

Title Signature Date Miscellaneous Obligation (MO) Approver (Cannot be the individual inputting the MO into FBMS) u LJ I Based on my review the following is appropriate as a miscellaneous obligation. Yes No Name

Title Signature Date

Version 1-June, 2015