Memorandum of Understanding

I. PREAMBLE

Whereas:

- The Expedition, led by Meriwether Lewis and William Clark in the years 1804-1806, and named by them "The Corps of Discovery," conducted one of the most ambitious and well-documented explorations of the American West. This Expedition was a major event in the history of the United States and helped shape the boundaries and very future of America;

- American Indian Nations present a rich and powerful heritage, infusing diverse cultures into the fabric of America, while inspiring visitors from throughout the world;

- The Lewis and Clark Expedition initiated relationships between the United States and autonomous American Indian Nations of the West. Without the assistance of American Indians, most notably Sacagawea, the members of the Expedition would not have survived. The respect fostered between American Indian Tribes and the Expedition represents an example of diplomacy and relationships between divergent nations and cultures;

- The Lewis and Clark Expedition challenged the human spirit of adventure, embodied the importance of service to one's country, and documented the natural resources and American Indian cultures in the American West. The Bicentennial commemoration of their journey provides an opportunity for Americans to look back, recognize, and appreciate the significance of this Expedition. Lewis and Clark's spirit of discovery-their documentation of what and whom they saw or met, their willingness to cooperate with the American Indians they encountered, their persistence and resolute determination to reach their final destination and return, their resourcefulness and courage-serve as the embodiment of the American character;

- The route of Lewis and Clark from Wood River, Illinois, to the Pacific coast is now recognized as a National Historic Trail, established in 1978 under the authorities of the National Trails System Act. The comprehensive management plan, completed in 1981, outlines a variety of partnership activities involving many of the parties to this Agreement;

- In 1995, the Bureau of Land Management, the Forest Service and the National Park Service signed a memorandum of understanding to collaborate in the planning. administration, and management of all national historic trails;

- Efforts to commemorate the bicentennial of this remarkable feat are already well underway by the National Lewis and Clark Bicentennial Council and its parent organization the Lewis and Clark Trail Heritage Foundation. The Council strives to commemorate that journey, rekindle its spirit of exploration, and acclaim the contributions and goodwill of the native peoples. In cooperation with Federal, State and Tribal governments, and all other interested individuals and organizations, the Council will promote educational programs, cultural sensitivity and harmony, and the sustaining stewardship of natural and historical resources along the route of the Expedition;

- The Congress of the United States has passed Senate Resolution 57, dated May 23, 1997, which recognizes the leadership of the Council, established in 1993 by the Lewis and Clark Trail Heritage Foundation, in commemorating the Bicentennial and urges all relevant governmental agencies to participate in this commemoration.

Therefore, this Memorandum of Understanding (MOU) is made and entered into by and between the Department of Agriculture; Forest Service (FS): Department of the Army: U.S. Army Corps of Engineers (COE); Department of the Interior; Bureau of Indian Affairs (BIA); Bureau of Land Management (BLM); Bureau of Reclamation (BOR); Fish and Wildlife Service (FWS); National Park Service (NPS); U.S. Geological Survey (USGS); Department of Transportation; Federal Highway Administration (FHWA); and the Department of Education (DOE); hereinafter referred to by their initials or collectively as "the Agencies," and the National Lewis and Clark Bicentennial Council (Council).

II. PURPOSE

The purpose of this MOU is to establish a general framework for cooperation among the FS, COE, BIA, BLM, BOR, FWS, NPS, FHWA, DOE, and the Council. The Agencies and the Council propose to work together in a spirit of collaboration and partnership to commemorate the Bicentennial of Meriwether Lewis' and William Clark's Corps of Discovery Expedition from 1804 to 1806. The Bicentennial observance will take place in the years 2003-2007.

The Agencies and the Council desire to work together to achieve the common goals of advancing the domestic and international public's awareness, understanding, and appreciation of one of the most remarkable and productive scientific and military exploratory Expeditions in the history of the United States. Through the commemoration of this landmark event in American history, the Agencies and the Council will help to provide leadership for all interested parties in observing the Lewis and Clark Bicentennial and renewing America's commitment to our National Historic Trails.

This collaborative effort seeks to foster understanding and protection of the cultural and natural resources along the Expedition route, encourage economic advancement in the communities and States through which the Expedition traveled, enhance the quality of life in America, and develop a new understanding and appreciation for all of America's indigenous nations and cultures. The Agencies and the Council shall cooperate with State, Tribal, local and private entities, as well as the United States Congress, as they seek to:

• Promote educational and interpretive opportunities to enhance the experience of visitors during the commemoration of the Lewis and Clark Bicentennial;
  
  
• Support the long-term economic viability of the States, Tribes, and communities along the Lewis and Clark National Historic Trail that serve these visitors;
  
  
• Protect and, where appropriate, preserve the natural environment as well as the cultural and historical resources that serve as the foundation of the Lewis and Clark Expedition and the historic Bicentennial commemoration of this important event.

III. AUTHORITIES

This Agreement is made and entered into by authority of the National Trails System Act of 1968, as amended, (16 U.S. Code 1241-1251), the National Historic Preservation Act (16USC 470), the Outdoor Recreation Coordination Act of 1963, as amended (16 U.S. Code 460l-1(f)(l)) and Section 4 of the Flood Control Act of 1944 (16USC 4600) to carry out the intent of Senate Resolution 57. All assistance provided under this MOU and subsequent interagency agreements shall be in accordance with U.S. laws and regulations. Unless otherwise provided by law, all contract work undertaken by the parties in furtherance of this MOU shall be performed in accordance with Federal and State procurement and claims policies and procedures.

IV. STATEMENT OF MUTUAL INTEREST AND MUTUAL BENEFITS

The goals of the Agencies signing this Agreement are compatible with those of the Council, enabling the creation of a mutually agreed-upon framework for carrying out this Bicentennial and its related activities.

Many of the Federal agencies party to this Agreement are responsible for the management of Federal resources and public lands and are dedicated to the wise management of the Nation's natural and cultural resources. As such, they are responsible for increasing the public's knowledge, awareness, and appreciation of these resources and their management. The other Agencies offer a variety of programs which can assist Lewis and Clark Bicentennial partners through education, interpretation, technical assistance, funding, and coordination.

Encouraging responsible recreation, travel, and tourism on these lands and in these programs is an appropriate way of furthering the public's knowledge, awareness, stewardship, and appreciation during the commemoration of the Lewis and Clark Bicentennial. Benefits derived from these efforts will extend beyond the actual route of the Lewis and Clark Expedition throughout the United States and internationally.

The cooperating Agencies and the Council respect and recognize the sovereignty of Tribal Nations and each Tribe's approach to commemorating the Lewis and Clark Bicentennial.

The many visitors tracing the route of the historic Expedition during the Bicentennial will be better served as the Agencies and Council work together to accomplish mutually developed objectives. These objectives contribute to the sustainability of communities and Tribes along the route of the Expedition through the protection and management of America's public land heritage, now and in the future.

V. THE COOPERATING AGENCIES AGREE TO:

• Help one another carry out activities related to the Lewis and Clark Bicentennial commemoration.
  
  
• Unify and coordinate planning efforts at all levels for the commemoration of the Bicentennial to ensure consistency and avoid duplication in such activities as public education and information, resource conservation, re-tracements and living history, and as appropriate to each agency, make available limited financial and technical assistance to qualifying recipients.
  
  
• Encourage and authorize interagency activities at the field level to carry out the purposes, goals and activities outlined in this Agreement.
  
  
• Coordinate, collaborate, and prioritize projects as planned by each agency to ensure consistency, avoid duplication of efforts, and pool resources and funding. Whenever possible, the agencies shall implement the intentions and recommendations of the 1981 comprehensive management plan for the Lewis and Clark National Historic Trail to leave behind a lasting legacy for the future.
  
  
• Recognize the Council as the primary coordinator of the Lewis and Clark Bicentennial.
  
  
• Share information regarding proposed plans and activities to ensure effective use of public funds pertaining to the commemoration of the Lewis and Clark Bicentennial, as well as work together to complete development of separate agreements to transfer funds when appropriate between and among the parties to this MOU.
  
  
• Coordinate with external constituents and other partnership agreements to avoid confusion and duplication of efforts.
  
  
• Encourage, help organize when appropriate, and participate in community activities that enhance the understanding about the commemoration of the Bicentennial and its potential impact to communities along the Trail.
  
  
• Participate, when appropriate, in Tribal activities that enhance knowledge about Tribes along the route of the Trail and the pivotal role of American Indians in the Lewis and Clark Expedition.
  
  
• Conduct cooperative assessments and jointly sponsor education programs that enhance the ability of the agencies to manage Bicentennial activities and events in balance with stewardship responsibilities.
  
  
• Promote sustainable management practices and public messages to ensure line protection of natural, environmental, historical, and cultural resources.

VI. THE COUNCIL AGREES TO:

• Assist in the development and accurate presentation of education material and resource assessments related to the Bicentennial commemoration.
  
  
• Assist the Agencies, States, Tribes, and community organizations in the planning of commemorative events and projects.
  
  
• Assist the Agencies in their efforts to plan, develop, market, and manage Bicentennial events and activities.
  
  
• Serve as the national center for news, event listings, resource availability and the marketing of Bicentennial activities.
  
  
• Assist Agencies, States, Tribes, and communities to maximize recreation, travel, tourism, and other economic advantages with their participation in Bicentennial activities.
  
  

VII. STRUCTURE

The Agencies will create a headquarters based inter-agency working group to provide oversight and coordination, in close communication with appropriate field staff, until the close of the Bicentennial activities.

The Agencies and the Council will jointly establish an organizational structure to clarify and document the flow of information, authority, and accountability to carry out the goals and objectives of this MOU as well as the projects, activities, and events associated with the commemoration of the Bicentennial. A draft version of this organizational structure is attached. This structure may be modified at any time as necessary by mutual agreement of the cooperators to implement the goals and objectives of this MOU.

VIII. IT IS MUTUALLY AGREED AND UNDERSTOOD BY AND AMONG THE COOPERATING AGENCIES AND THE COUNCIL THAT:

They will abide by the following partnership principles:

• To promote and encourage community-based activities, but avoid involving communities and locales that do not want to be part of this commemoration.
  
  
• To honor all peoples by taking care to present a balanced perspective of an event through informational services or interpretive media.
  
  
• To minimize adverse impact on natural, historical, or cultural resources, particularly American Indian sacred sites, within the limits of Agency authorities.
  
  
• To strive for the highest degree of historic and factual accuracy.

They will cooperate in carrying out sustainable projects in support of the Lewis and Clark National Historic Trail, the agencies involved, and the Bicentennial Commemoration of the Expedition.

Agency heads or their duly authorized representatives will meet at least twice a year, once in Washington. D.C. and once at the annual National Lewis & Clark Bicentennial Council Planning Workshop. Cooperators or their staff representatives will meet more frequently as events, projects, activities, and the commemoration of the Bicentennial warrant.

Specific work projects or activities that involve the transfer of either funds or property between the parties to this MOU will require the execution of separate agreements or contracts, contingent upon the availability of funds appropriated by Congress. Each such separate agreement must comply with all applicable statutes and regulations, including those statutes and regulations applicable to procurement activities, and must be independently authorized by appropriate statutory authority.

This MOU in no way restricts either the Agencies or the Council from participating in similar activities or arrangements with other public or private agencies.

Nothing in this MOU shall obligate the cooperating agencies to expend appropriations or to enter into any contract or other obligations.

This MOU may be modified or amended upon written request of any party and the concurrence of the others. Participation in this MOU may be terminated with 60-day written notice of any party.

Additional agencies may be added to this MOU with the concurrence of the current cooperators.

Unless terminated under the terms stated above, this MOU will remain in full force and in effect until December 31, 2007.

IX. PRINCIPAL CONTACTS

To provide for consistent and effective communication between the cooperators, each of the cooperators shall appoint a representative to discuss and consider activities that may be pursued under this MOU. The following persons will be the principal contacts for their respective agencies for the purposes of this Agreement at the time of execution.

National Lewis and Clark Bicentennial Council

Robert Archibald, President
National Council of the Lewis and Clark Bicentennial
P.O. Box 11940
St. Louis, MO 63112-0040
Phone: (314) 454-3160

Karen Goering, Interim Executive Director
National Lewis & Clark Bicentennial Council
P.O. Box 11940
St. Louis, MO 63112-0040
Toll Free: 888-999-1803