KENNY C. GUINN
Governor ALLEN BIAGGI
Administrator
Memorandum Of Understanding
Between - Inter-Tribal Council of Nevada &
Nevada Division of Environmental Protection
Memorandum of Understanding

Between: Inter-Tribal Council of Nevada and the Nevada Department of Conservation and Natural Resources Division of Environmental Protection

Concerning: Location of a designated Inter-Tribal Council of Nevada Employee in the NDEP office in Carson City to coordinate Tribal and State environmental issues and developing protocols.

I. PURPOSE. This Memorandum of Understanding (MOU) provides procedures and guidance for coordination and cooperation between the State of Nevada, Department of Conservation and Natural Resources, Division of Environmental Protection (NDEP), and the Inter-Tribal Council of Nevada (ITCN) on environmental issues and developing coordination protocols between the State of Nevada and the Federally recognized Tribes within the state.

II. OBJECTIVE. This MOU will facilitate the partnership between the ITCN and the NDEP to assist in developing coordination protocols between the State of Nevada and the Federally recognized Tribes. The partnership will also work to coordinate mining related activities at mines in Nevada, particularly at the Rio Tinto and Anaconda-Yerington mine sites where State and Tribal interests exist. The combined efforts of the NDEP and ITCN will result in improving the understanding between the parties involved in these environmental issues and would help facilitate a greater trust and better working relationship between the Tribes, PRP's and the State of Nevada.
    The objectives of this MOU include:

  1. Locations of designated ITCN employee in the NDEP office in Carson City for an initial period of one year.

  2. Promote collaboration and coordination between the ITCN and NDEP.

  3. Continued assistance, advice and information exchange involving coordination protocols of mutual interest to the ITCN and the NDEP.

  4. Promote and protect health of the land and environment through management coordination between the State of Nevada and the Tribes.
    III. AUTHORITY. This MOU is based on the following authorities:

  • For the NDEP - NRS 519A.150 and NRS 445A.450
  • For ITCN - Resolution number 03-ITCN-02.
    ADMINISTRATION.

    A. The NDEP agrees to:

  1. Cooperate in a program to coordinate ITCN and State goals of developing coordination protocols.

  2. Provide NDEP facilities use and space for a designated ITCN employee to complete activities described above. Facilities will be provided for a one-year term, which may be renegotiated at the end of the term. This is a reimbursement from ITCN to NDEP.

  3. Provide direct supervision of the employee by the Administrator or Deputy Administrator(s) of the Nevada Division of Environmental Protection.

  4. Assist in the selection of the employee and quarterly evaluations of the position.
    B. The ITCN agrees to:

  1. Provide all salary, benefits, and miscellaneous expenses for the designated ITCN employee.

  2. Payments are authorized for per diem and transportation of designated ITCN employee for activities, which benefit both the NDEP and the ITCN.

  3. Assist in the selection of the employee and quarterly evaluations of the position.

  4. Administer and ensure reporting of Federal General Assistance Program (GAP) grant to the US Environmental Protection Agency.

  5. Provide a copy of financial reports to US EPA and NDEP on a quarterly basis.
V. TERMS OF AGREEMENT This Agreement shall become effective upon signature by the Administrator of the NDEP and the Director for the ITCN, and shall remain in effect for one year unless formally terminated by either agency after 60 days written notice to the other agency. This agreement may be renewed by mutual written modification signed by both parties to this Agreement.

VI. PROPERTY MANAGEMENT AND DISPOSITION Any ITCN property used in performance of this Agreement shall be governed by the provisions of OMB Circular A-87.

KEY OFFICIALS
A. ITCN Representative: Daryl Crawford, Executive Director, Inter-Tribal Council of Nevada, 680 Greenbrae Drive, Suite 265, Sparks, NV 89510 is designated as the Representative for the purpose of administering the technical aspects of the MOU. The Representative is authorized to clarify technical requirements, and to review and approve work, which is clearly within the scope of the work specified in this Agreement.

B. Nevada Department of Conservation and Natural Resources Division of Environmental Protection: Allen Biaggi, Administrator, State of Nevada Department of Conservation and Natural Resources Division of Environmental Protection 333 W. Nye Lane, Capitol Complex Carson City, NV 89710.

    SIGNATURES

    Administrator
    Division of Environmental Protection
     
    Executive Director
    Inter-Tribal Council of Nevada
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Last Updated 02/2004