Virgin River Coalition MEMORANDUM OF UNDERSTANDING Between Arizona Game and Fish Department; Bunkerville Irrigation Company; Bureau of Land Management (Las Vegas Field Office; Arizona Strip District); City of Mesquite; Clark County Desert Conservation Program; Friends of Gold Butte; Kokopelli ATV Club; National Park Service; Nevada Department of Wildlife; Nevada Division of Environmental Protection; Partners in Conservation; Rivers Edge West; The Nature Conservancy; U.S. Fish and Wildlife Service Program Southern Nevada Field Office and Northern Arizona Field Office; and the United States Geological Survey

Article 1. Background and Purpose

A tributary of the Colorado River, the Virgin River is an extraordinary, and threatened, river in the Southwest United States. The river, rising in the mountains above Zion National Park, flows through southwest Utah, northwest Arizona, northeast Clark County, Nevada and eventually to Lake Mead. The Lower Virgin River, which for the purposes of this MOU includes the areas of the river from where the Virgin River crosses the Utah-Arizona border to where it empties into Lake Mead, remains one of the few free-flowing rivers in the Southwest and is a critical source of life for communities and a remarkable aquatic and riparian biodiversity.

The Virgin River watershed faces several challenges. Invasive species, frequent drought and rapid population growth are placing significant pressure on the overall health of the river ecosystem and making it difficult to provide water to sustain urban, agriculture and environmental water needs. Conservation efforts in portions of the watershed have also been hindered by a lack of coordination between various planning and management entities and sustainable funding sources.

Since 2017, the Virgin River Coalition (VRC), a public-private collaborative, has been focused on developing a community-based integrated watershed plan for the Lower Virgin River in the states of Arizona and Nevada. The intent of this Memorandum of Understanding (MOU) is to provide guidance and procedures for the completion of a Lower Virgin River Integrated Watershed Plan and the initial implementation of strategies.

Local communities, state and federal agencies, non-profit and private companies, and private landowners desire to build on the first year of collaboration to protect the shared investment in restoring and protecting the riparian corridor of the Lower Virgin River, as outlined in the VRC Watershed Plan for nature and local communities. All parties, as listed above, recognize that the challenge of implementing any of the identified strategies will be more successful with a coordinated effort utilizing the skills and expertise available through this collaborative effort.

Article 2. Authorities The following are the key laws, regulations or authorities that support the participation of the signatories in the VRC.

1 The Federal Land Policy and Management Act of 1976, 43 U.S.C. 1737, Sec 307; The National Environmental Policy Act of 1969, (42 USS 1737) and the Wyden Amendment (16 U.S.C. § 1011(a)). 16 U.S.C. 1282(b)(1)): The Secretary of the Interior shall assist, advise, and cooperate with States or their political subdivisions, landowners, private organizations, or individuals to plan, protect, and manage river resources. Such assistance, advice and cooperation may be through written agreements or otherwise The Partners for Fish and Wildlife Act (Public Law 109-294), the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) and the Fish and Wildlife Act of 1956) (16 U.S.C. 742a-j), as amended. NRS 501.351 provides authority for the Administrator of NDOW to enter into cooperative agreements for the purpose of the management of native wildlife. NRS 503.584 recognizes the state’s obligation to conserve and protect imperiled native species. Nevada Administrative Code (NAC) 503.065 extend to protect wildlife status to certain native fish including the Virgin Spinedace, Virgin River Chub and Woundfin. Non-profit organizations, private companies, and public agencies may enter into this MOU based on authority granted by their boards of directors, city council, county commission, supervisors, and/or other applicable policies, laws, regulations, or authorities. Article 3. Statement of Mutual Benefits

It is the VRC’s vision to have a thriving Lower Virgin River watershed that provides multiple uses for people and nature, maintained and restored through public and private collaboration, from now into the future. To achieve the vision above we intend to adhere to a mission of developing strategies, identifying partnerships, facilitating implementation and evaluating progress to improve the human values and ecological health of the Virgin River for future generations of residents, businesses, recreational users, farmers and ranchers. To guide the mission, the VRC will develop a Watershed Plan. The Plan shall be a living document and initially will focus on four targets identified by the VRC: 1. Recreation 2. Water Management 3. Native Fish 4. Riparian Habitat

The Parties agree to collaborate, providing information and expertise, developing strategies to meet objectives, cooperating with existing organizations and projects, and sharing knowledge of best practices for the watershed. Additional parties may be added upon approval of the Steering Committee, by attaching an additional signature page to the MOU agreement.

2 Article 4. Term of Agreement

This MOU shall take effect on the date of the final signature and shall be in full force and effect five years from the date of the signed MOU. This MOU may be modified in writing by mutual agreement of all Parties.

Article 5. Principal Contacts The Principal Contacts for each Party are maintained by the VRC Steering Committee.

This list will be formally reviewed every three (3) years and updated and/or revised as necessary to keep the contact list current. Principal Contacts will be the primary contact for implementation of this MOU.

Article 6. Roles and Responsibilities The VRC is made up of representatives of this agreement. The Parties agree to provide assistance of technical experts, information, and/or input to help in the completion and implementation of the comprehensive VRC Watershed Plan. The Parties agree to meet intermittently to develop or review the plan, review progress on strategies and share information that will assist the VRC in meeting its goals.

There are many public and private partners that play important roles and responsibilities for restoring the Lower Virgin River riparian corridor by supporting grant proposals, providing technical assistance, sharing human and technical resources, and generally helping advance VRC goals.

Partners that sign on to this MOU agree to all or some of the following activities:

 Assist with coordination of the watershed committee.  Assist in coordination and implementation of restoration activities.  Provide technical assistance.  Seek funding for projects.  Assist with monitoring and evaluation of ongoing and completed work.  Promote the watershed committee and its work in the community.

The VRC will meet a minimum of one time a year or more as deemed necessary by the Steering Committee to review the development of the Watershed Plan and guide implementation, discuss challenges and celebrate successes.

Article 7. Working Groups The following working groups have been established to help meet VRC goals. Per the VRC mission, which encourages increasing effectiveness through incorporation of lessons learned, the configuration of these sub-committees may evolve during the implementation period.

3 . The Recreation Working Group will support and assist in the development of a watershed-scale comprehensive recreation plan focused around the Lower Virgin River.

. The Water Management Working Group will work to increase flexibility for water management to maximize value and use of water for both the human community and the environment.

. The Native Fish Working Group will work to restore native fish populations.

. The Riparian Habitat Working Group will reduce non-native species, increase native species cover, and improve habitat for riparian bird species.

. The Communications and Outreach Working Group will work to share products and information of the VRC and working groups with the Mesquite community, other river restoration efforts, and the general public.

The Steering Committee is the entrusted body for the larger partnership and working groups. The Steering Committee develops the meeting agenda, fosters cross-working group coordination, leads working groups if needed, follows up on actions identified by the Coalition and working groups, and takes direction from and provides guidance to the partnership. The Steering Committee will confirm that expenditures of funds support the goals and objectives of the watershed plan. The Steering Committee is comprised of a minimum of a U.S. Fish and Wildlife Service representative, a U.S. Bureau of Land Management, community representatives, non-profit organizations, and a representative of Clark County.

Article 8. Period of MOU and Termination This MOU shall remain in effect until 5 years from the date of the signed MOU. Any of the Parties, in writing, may terminate their participation in this instrument in whole, or in part, at any time with 30 days written notice.

Article 9. Required Clauses Civil Rights. During the performance of this MOU, the Parties will not discriminate against any person because of race, color, religion, sex, or national origin. Non-fund Obligation Document. Nothing in this MOU shall obligate any Party to obligate or transfer any funds. Specific work projects or activities that involve the transfer of funds, services or property between the various Parties will require execution of separate agreements and be contingent upon the availability of appropriated funds. Such activities must be independently authorized by each appropriate authority. This MOU does not provide such authority. Negotiation, execution and administration of each such agreement must comply with all applicable statues and regulations. No Proprietary or Confidential Information. The Parties do not anticipate exchanging any proprietary or confidential information pursuant to this MOU. In the event that the Parties determine it would be beneficial to exchange proprietary or confidential information, the Parties shall negotiate and execute an appropriate nondisclosure agreement governing such exchange.

4 No Party. No legal partnership or agency is established by this MOU. None of the Parties are authorized or empowered to act as an agent, employee or representative of the other Party, nor transact business or incur obligations in the name of the other Party or for the account of the other Party. No Party shall be bound by any acts, representations, or conduct of any other Party.

Liability. Each Party will be responsible for its own acts and results thereof and shall not be responsible for the acts of the other Parties and the results thereof. Each Party therefore agrees that it will assume all risk and liability to itself, its agents or employees, for any injury to persons or property resulting in any manner from the conduct of its own operations, and the operations of its agents or employees, and for any loss, cost, damage, or expense resulting at any time from failure to exercise proper precautions, of or by itself or its own agents or its own employees pursuant to this MOU.

Promotions. The Parties will not publicize or otherwise circulate promotional materials which state or imply endorsement of a product service, or position of this MOU by any of the Parties.

Establishment of Responsibility. This instrument is not intended to, and does not create, any right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity, by one Party to this MOU against any of the other Parties. The provisions of any statutes and/or regulations cited in this MOU may contain legally binding requirements. The MOU itself does not alter, expand, or substitute for those provisions or regulations, nor is it a regulation itself. This MOU is not a final agency action, rule, or a contract. Thus, this MOU does not impose legally binding requirements on the parties, nor does it create a legal right of action for the parties or any third party.

Amendments. This MOU may be modified or amended in writing upon consent and signatory approval of all parties.

Members of Congress. No member of or delegate to Congress shall be entitled to any share or part of this MOU or to any benefit that may arise from it.

Severability. In the event that any provision of this MOU or portion thereof is held invalid, illegal, or unenforceable, such provision or portion thereof shall be severed from this MOU and shall have no effect on the remaining provisions of this MOU, which shall remain in full force and effect.

Release of Documents. Federal agencies must comply with the Freedom of Information Act (FOIA). Federal agencies may confer with non-Federal parties prior to release of documents related to this MOU pursuant to FOIA.

5 Authorized Representations – By signature below, the Parties certify that the individuals listed in Attachment 2 as representatives of the Parties, are authorized to act in their respective areas for matters related to this MOU.

In witness hereof, the Parties hereto have executed this MOU on the dates set forth below. (For each signatory agency, please provide for your agency the name and title of each signatory Party so this list can be finalized.)

Organization Representative Signature Date City of Mesquite

6