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HomeMy WebLinkAboutAgreement_General_7/9/2020_Land ManagementMEMORANDUM OF UNDERSTANDING BETWEEN THE BUREAU OF LAND MANAGEMENT SOUTHEASTERN STATE FIELD OFFICE AND THE VILLAGE OF TEQUESTA FOR LAW ENFORCEMENT SERVICES I. PURPOSE This Memorandum of Understanding (MOU) provides for the adequate protection and safety of persons, property on, and resources of, the National System of Public Lands administered by the Bureau of Land Management (BLM), United States Department of the Interior, within the Jupiter Inlet Lighthouse Outstanding Natural Area (JILONA); including its public lands, waters, roads and trails. This MOU is entered into by the Village of Tequesta and the BLM to provide routine patrol and assistance in the enforcement of State, County and Local ordinances as they pertain to the JILONA. II. AUTHORITY A. Bureau of Land Management Section 303(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1733(d)) provides that, in connection with the administration and regulation of the use and occupancy of the public lands, the Secretary is authorized to cooperate with the regulatory and law enforcement officials of any State or political subdivision thereof in the enforcement of the laws or ordinances of such State or subdivision. B. Village of Tequesta Florida Statues, Part 1, Chapter 23, the "Florida Mutual Aid Act", authorizes law enforcement agencies to enter into MOUs for voluntary cooperation and assistance of a routine law enforcement nature. Furthermore, this MOU is made and entered into under the provisions established in the Consolidated Natural Resource Act of 2008, P.L. 110-229 (Sec. 202. (d)(3)); that provides specific authority to the Secretary of the Interior to enter into Cooperative Agreements with appropriate Federal, State, County and other local government agencies for the long-term management of the Jupiter Inlet Lighthouse Outstanding Natural Area. III. DEFINITIONS A. Public Lands - Means any land and interest in land owned by the United States within the several States and administered by the Secretary of the Interior, through the BLM without regard to how the United States acquired ownership, except: 1 Lands located on the outer Continental Shelf 2 Lands held for the benefit of Indians, Aleuts, and Eskimos. 43 U.S.C, 1702 (e) B. Law Enforcement Officer (LEO) Law Enforcement Rangers and Special Agents employed by the BLM who have been delegated law enforcement authority by the Director, BLM C. State Director - The State Director, BLM, Eastern States D. Special Agent -in -Charge (SAC) - BLM Regional Special Agent -in -Charge for the Office of Law Enforcement and Security, Region 4 IV. STATEMENT OF MUTUAL INTEREST AND MUTUAL BENEFITS The congressionally designated Jupiter Inlet Lighthouse Outstanding Natural Area is comprised of BLM-administered public land, a portion of which is within the municipal jurisdiction of both the Village of Tequesta and the Town of Jupiter, in Palm Beach County, Florida. The Bureau of Land Management has the responsibility for the protection and management of the aforementioned public land and its resources, while providing for public and employee health and safety. The Village of Tequesta is responsible for the enforcement of the governing law and regulation applicable within its jurisdiction. As such, the Tequesta Police Department is recognized to have the authority and duty to enforce state statutes, laws and regulations for the State of Florida, and local ordinances for the Village of Tequesta. Therefore, it is known, both parties share mutual interest in the site. The public lands encompassed by the JILONA are recognized under proprietary jurisdiction. As such, given the Property Clause and Supremacy Clause of the United States Constitution, and the reservation of general police powers to the States, the provision of law enforcement services must be a partnership between the Federal government, and State and local authorities, and this MOU serves to mutually benefit all parties. Due to the proximity of the JILONA from its administrative and operational centers the BLM recognizes the inability and infeasibility of providing routine law enforcement patrols and responses to the site. The BLM however, also recognizes the unique nature of the JILONA site, coupled with its other resources will attract a large number of K visitors. Therefore, to ensure that the public and the natural resources are protected, it is necessary to enter into agreements to authorize local law enforcement agencies to provide services beyond existing jurisdictional relationships. The Village of Tequesta and its Police Department recognize the unique nature of the JJLONA, and the local, and regional importance of the site as an icon of their community. The Village of Tequesta and its Police Department further understand the public draw to such a site and the other resources present. As such, this MOU is necessary to provide clarity to the law enforcement relationship to the BLM and to ensure the MONA receives adequate protection to ensure the safety of its visitors and protection of its resources. V. PROCEDURES In order to provide for adequate protection for public safety, property, and natural resources within the MONA the Village of Tequesta and the: BLM agree as follows: A. The Village of Tequesta shall continue to enforce applicable State and local laws, rules and regulations, within any portion of the MONA currently including those areas within the municipal limits and jurisdiction of the Village of Tequesta and the Town of Jupiter within the normal scope of their duties to the extent of their current financial and manpower resources taking into account the scope of work which Tequesta will be reimbursed for under contract. Specifically, as determined by the level of activity and deemed necessary by the Chief of Police, provide for routine patrols, emergency and criminal response, marine patrols of the shoreline, and enforcement of natural and cultural resource ordinances, and property laws appropriate for the site. B. The Tequesta Police Department shall utilize only sworn law enforcement personnel who have been certified as meeting the minimum standards set and as required by the Police Department, and that such sworn officers and/or agents of the Chief performing services under this MOU in enforcing state and local laws are, and will remain, under the supervision, authority and responsibility of the Tequesta Chief of Police. Any services provided under the terms of this MOU shall be pursuant only to those applicable laws and regulations falling within the Village of Tequesta's jurisdictional authority, including the statutes, laws and regulations of the State of Florida, as well as the laws and ordinances of both Palm Beach County and the Village of Tequesta. Any services provided under the terms of this MOU shall not be considered as coming within the scope of Federal employment nor shall any of the benefits of Federal employment be conferred under this MOU. C. The Tequesta Police Department shall as part of services currently being provided, notify the BLM law enforcement agent, or the designated BLM site manager of any known criminal activity on public lands hazardous to the public and BLM employees. Furthermore, the Tequesta Police Department shall maintain reports and statistical records regarding police activity within the JJLONA and shall provide such to the BLM by September 1 st each year in order to complete 3 required annual reporting. D. The BLM, to the extent feasible, shall continue to enforce Federal laws, rules and regulations as they apply to the MONA. As appropriate, the BLM will use its own Rangers and Special Agents to coordinate with the Tequesta Police Department and aid in enforcement activities throughout the area. The BLM will provide support and cooperate with the Tequesta Police Department in the enforcement of state and local laws on BLM administered public lands. E. The BLM shall ensure its supplementary rules and any special ordinances governing use and occupancy at the JILONA are reflected by rules and regulations enforceable by sworn officers of the Tequesta Police Department. Furthermore, the BLM shall ensure the site has appropriate signage for the enforcement of such rules and regulations to aid officers in their duties. VI. SCOPE AND CONDITIONS A. Neither party shall be liable to the other nor to its agents or employees for any loss, damage, personal injury, or death occurring In consequence of the performance of this MOU, except as provided herein. B. No member of, or delegate to Congress, or State Official, shall be admitted to any share or part of this MOU, or any benefit that may arise there from. C. Any law enforcement officer of Tequesta Police Department who renders aid outside the municipal jurisdiction of the Village of Tequesta but inside the JILONA pursuant to the written agreement entered under this part has the same powers, duties, rights, privileges, and immunities as if the law enforcement officer was performing duties inside the municipal jurisdiction of the Village of Tequesta. D. BLM LEOs shall remain under the supervision and responsibility of the BLM. The BLM LEOs shall not be considered as coming within the scope of the Tequesta Police Department's employment and none of the benefits of the Tequesta Police Department shall be conferred under this MOU. E. During the performance of this MOU, the participants agree to abide by the terms of Executive Order 11246 on nondiscrimination and not to discriminate against any person because of race, color, religion, sex, age, disability, or national origin. The participants shall take affirmative action to ensure that applicants are employed without regard to their race, color, religion, sex, age, disability, or national origin. F. Each party shall furnish written information necessary for mutual enforcement operations. G. Any issues which cannot be reconciled between the Village of Tequesta and the BLM or any issue that affects either party's performance under this MOU shall be referred to the SAC. The SAC shall be responsible for coordinating with the appropriate officials to mutually resolve any issue. 4 H. Nothing in this MOU shall be construed as affecting the authorities of either party or as binding beyond their respective authorities. I. Nothing in this MOU shall obligate the BLM to expend appropriation or to enter into any contract or other obligation. Specific work projects or activities that involve the transfer of funds, service, or property between the parties to this MOU require the execution of separate agreements or contracts, contingent upon the availability of funds as appropriated by Congress. Each subsequent agreement or arrangement involving the transfer of funds, service, or property shall be made in writing and shall be independently authorized by appropriate statutory authority and regulations, including those applicable to procurement activities. J. Subject to availability of funds, each party agrees to fund their own expenses associated with the implementation of this MOU. Nothing contained herein shall be construed as obligating the BLM to any expenditure or obligation of funds in excess or in advance of appropriations, in accordance with the Anti -Deficiency Act, 31 U.S.C. § 1341. K. Any records or documents generated as a result of this MOU shall be part of the official BLM record maintained in accordance with applicable BLM Records Management policies. Any request for release of records associated with the implementation of this MOU to anyone outside the parties must be determined based on applicable laws, including the Freedom of Information Act and the Privacy Act. L. This MOU shall be effective from the date of execution and shall remain in effect for five years, unless terminated with a 60-day written notice from either party to the other party. This MOU may be modified or amended upon written request of either party and written concurrence of the other party. 5 VI. APPROVED -4-114 1�,Ot, Date Mitchell Leverette Bureau of Land Management State Director Date Scott Swanson Bureau of Land Management Region 4 Special Agent -in -Charge Date