THIS AGREEMENT, made and entered into this twenty-third day of September 1993, between the Bureau of Reclamation, hereinafter referred to as Reclamation, and the U.S. Fish and Wildlife Service, hereinafter referred to as the Service, both Reclamation and the Service being agencies of the Department of the Interior;
WHEREAS, the United States, through Reclamation, has acquired certain lands in fee for the construction and operation of the Kesterson Reservoir for the primary purposes of operating San Luis Drain, a feature of the San Luis Unit of the Central Valley Project, California, under the authority of the Act of June 3, 1960, P.L. 86-488 (74 Stat. 156); and
WHEREAS, pursuant to the authority contained in Section 3 of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) there has been formulated a General Plan for use as Project lands and waters for wildlife conservation and management at Kesterson Reservoir, and said plan has been approved by the Secretary of the Interior, and the Director of the California Department of Fish and Game exercising administration over wildlife resources within the said State:
NOW, THEREFORE, in accordance with the Act of Congress on June 17, 1902 (32 Stat. 388, 43 U.S.C. 391 et seq.) and acts amendatory thereof or supplementary thereto and the aforesaid Fish and Wildlife Coordination Act and General Plan, the parties hereto enter into this Cooperative Agreement.
1. Subject to the terms, conditions, limitations, exceptions and reservations contained herein, Reclamation hereby transfers to the Service, and the Service hereby accepts responsibility for the conservation and management of wildlife including any associated recreation aspects thereof of the Kesterson Reservoir area including its water surface, shown on Drawing Number 805-208-1495, hereinafter referred to as Exhibit "A" and described in Exhibit "B," and further designated by the boundary of the Kesterson Reservoir area in accordance with aforesaid General Plan. Said exhibits are attached hereto and made a part hereof.
2. The Service shall administer and maintain the area included in this Agreement in accordance with its Master Plan for wildlife development which shall be prepared by the Service and submitted to Reclamation for approval. Subject plan will be submitted two (2) years after request from Reclamation. There shall be included within this Plan those areas that are designated for public hunting, for wildlife sanctuaries, and for the production of food for wildlife or other purposes; it shall also include this nature, site and plans of proposed construction and improvements and their estimated cost. Any amendment to the Master Plan shall be approved by Reclamation's Regional Director prior to implementation. Until such time as the Master Plan is completed by the Service, the Service will submit to Reclamation an Interim Plan for approval by June 30 of each year, for the next year. Further, the Service will furnish an annual report to Reclamation on Reclamation Form 1643 (Recreation and Wildlife Summary) not later than January 15 of each year which includes general information and inventory, public visitation, wildlife uses and facility cost records relative to the area covered by this agreement.
3. Reclamation reserves all rights, in and to the lands above described, which are not herein specifically granted and to use existing roads as a means of ingress and egress to and from any part of the Kesterson Reservoir area. In those cases where no roads exist, Reclamation reserves the right to designate, construct, maintain, and use roads or routes across said lands. No part of the foregoing shall be construed as a commitment by Reclamation to construct, improve, or maintain any road or route. All access routes proposed for construction by the Service shall be coordinated with Reclamation.
4. Use and occupation of the said premises by the Service shall be without cost or expense to Reclamation.
5 (a) The Service shall maintain all wildlife management aspects of area roads (except those reserved for maintenance by Reclamation), all fences and gates (except those reserved for maintenance by Reclamation), and water storage embankments, under the direction of duly authorized agents of Reclamation. The Service and Reclamation will jointly make periodic reviews to insure proper care of the facilities.
(b) The Service shall, subject to the availability of funds for this purpose, correct any damage to the land and water areas included in this Agreement which results from, or is incident to, the use of said areas by the Service for its purposes. Damages except for minor items which the Service can correct immediately, will be cooperatively evaluated, defined and agreed upon by the Service and Reclamation during the periodic reviews described in (a).
(c) Reclamation shall, subject to availability of funds, correct any damage to the land and water areas included in this Agreement which results from, or is incident to, the use of said area related to administration of the reservoir for Reclamation purposes.
6. The use of the land and water areas for wildlife conservation and management shall be subject at all times to occupation and use by Reclamation for all primary purposes of the project. Reclamation shall give notice as early as possible to the Service prior to conducting any activities on the premises covered by this agreement which may substantially affect the wildlife conservation and management program.
7. It is understood and agreed that the ownership of the United States in the area described in Exhibit "B" is subject to certain outstanding rights in third parties, such as easements for public roads and highways, access roads, pipelines, transmission lines, livestock watering locations and similar matters. It is therefore agreed that the use and administration of the area described herein shall be subject to all such existing rights and to subsequent rights granted in accordance with the procedures prescribed in Article 8 of this Cooperative Agreement.
8. Reclamation reserves unto itself the right to grant all easements on lands represented herein and all leases and licenses for the primary purpose of operating the San Luis Drain and will advise the Service concurrently with the issuance of all such grants.
The Service in administering this area for wildlife purposes, may enter into special use permits, contracts or licenses for grazing, hunting and recreation purposes which Reclamation will be asked to concur in. All such revenues collected by the Service shall be credited to Reclamation annually prior to the end of the fiscal year.
The Service shall require all third party agents (contractors, permittees, and licensees) to carry such public liability and property damage insurance as is customary and appropriate and which it deems necessary.
9. The Service and Reclamation jointly assume responsibility for any vector abatement and/or control program that may be required for the premises; approval of procedure and chemicals will be obtained from the Service prior to application.
10. The Service shall consult with and obtain Reclamation's prior approval of any species of plants which it proposes for establishment in the Reservoir Area for wildlife food production, landscaping, erosion control or other purposes.
11. This Agreement may be relinquished by the
Service at any time by giving to Reclamation notice in writing one year
in advance. In the event of failure of the Service to observe any of the
provisions set out in the Cooperative Agreement, Reclamation will so notify
the Service of the
particular violation and the Service shall immediately act to correct any such violation. Unless the Service shall have so acted within reasonable time, not to exceed one year, this Agreement may be terminated by Reclamation.
12. If this agreement is relinquished or terminated
as provided above, the Service shall vacate the said premises, remove all
property of the Service therefrom and restore the premises to a condition
satisfactory to Reclamation's Regional Director.
Regional Director, Bureau of Reclamation, Region 2
Regional Director, U.S. Fish and Wildlife Service, Region 1