Memoranda of Understanding Delegation Agreements -

Karen Lutz

10 March, 2007 - MA-RPC

Background. From its inception in 1925, the ATC worked with existing trail clubs, and fostered the development of new clubs, to create the Appalachian Trail. This partnership evolved into a federation of maintaining clubs, coordinated by the ATC towards the common goal of perpetuating and protecting the Trail. In 1968, the National Trail System Act gave overall responsibility for the Appalachian Trail to the Secretary of the Interior. The Trail is administered by the National Park Service (NPS), in consultation with the USDA Forest Service (USFS), and in cooperation with state agencies over whose lands the AT passes. This memorandum acknowledges the ultimate responsibility and authority for federal and state agencies to administer lands under their jurisdictions in accordance with applicable laws and regulations.

Delegation. The Appalachian Trail crosses federal lands in national parks and national forests and lands ("ATPO Lands"), outside of the proclaimed or designated boundaries of existing national forests and national parks, that were acquired by the NPS specifically for the protection of the Trail. A 1980 USFS/ATC Memorandum of Agreement provides guidelines for the cooperative management of the AT on national forest lands. National forest plans designate Appalachian Trail "Management Area" (ATMA) or "Prescription Area" (ATPA) lands along the Trail. In 1984 and 1993,

The purpose of the delegation agreement is to define an understanding between ATC and your Trail club.

Purpose

MEMORANDUM OF UNDERSTANDINGfor the

APPALACHIAN NATIONAL SCENIC TRAILbetween the

Your Trail Cluband the

APPALACHIAN TRAIL CONSERVANCYPurpose. This memorandum provides a concise statement of specific understandings and working relationships between the Your Trail Club (YTC) and the Appalachian Trail Conference (ATC). It applies only to those activities of the YTC that relate to the management of the Appalachian Trail (AT) and Trail corridor lands.

Background. From its inception in 1925, the ATC worked with existing trail clubs, and fostered the development of new clubs, to create the Appalachian Trail. This partnership evolved into a federation of maintaining clubs, coordinated by the ATC towards the common goal of perpetuating and protecting the Trail. In 1968, the National Trail System Act gave overall responsibility for the Appalachian Trail to the Secretary of the Interior. The Trail is administered by the National Park Service (NPS), in consultation with the USDA Forest Service (USFS), and in cooperation with state agencies over whose lands the AT passes. This memorandum acknowledges the ultimate responsibility and authority for federal and state agencies to administer lands under their jurisdictions in accordance with applicable laws and regulations.

Delegation. The Appalachian Trail crosses federal lands in national parks and national forests and lands ("ATPO Lands"), outside of the proclaimed or designated boundaries of existing national forests and national parks, that were acquired by the NPS specifically for the protection of the Trail. A 1980 USFS/ATC Memorandum of Agreement provides guidelines for the cooperative management of the AT on national forest lands. National forest plans designate Appalachian Trail "Management Area" (ATMA) or "Prescription Area" (ATPA) lands along the Trail.

1. Overall responsibility for A.T. is to the Department of Interior

Background

2. Administrative responsibility is to the National Park Service

3. In consultation with the USDA Forest Service

4. State and Federal agencies have “ultimate responsibility and authority to administer lands according to applicable laws and regulations.”

Delegation

The Appalachian Trail crosses federal lands in national parks and national forests and lands ("ATPO Lands"), outside of the proclaimed or designated boundaries of existing national forests and national parks, that were acquired by the NPS specifically for the protection of the Trail. A 1980 USFS/ATC Memorandum of Agreement provides guidelines for the cooperative management of the AT on national forest lands. National forest plans designate Appalachian Trail "Management Area" (ATMA) or "Prescription Area" (ATPA) lands along the Trail. In 1984 and 1993, certain ATPO lands ("Transfer Lands") were administratively transferred to the Forest Service. In 1984, the Forest Service signed an agreement with the ATC that delegated "operations, development, and maintenance responsibilities" for these lands to the ATC, with authority to sub-delegate to member clubs. Also in 1984, the National Park Service amended a 1970 NPS/ATC Memorandum of Agreement for cooperation in the administration of the Trail by delegating to the ATC the responsibility to serve as the guarantor that the AT volunteer community will adequately manage and protect the AT and ATPO corridor lands. Under these authorities, ATC's Board of Managers, in consultation with Trail maintaining organizations and agency partners, sets policies regarding the protection, management, and use of the Trail. The ATC hereby confirms and the YTC hereby acknowledges the YTC's authority and responsibility for the maintenance of the Appalachian Trail and related facilities and the management of ATPO lands between New Clear Lake and Windy Hill Farm. This memorandum formalizes the YTC's responsibility for the Trail that the Club accepted in 1952.

Language related to USDA Forest Service lands is not pertinent to the mid-Atlantic region.

1970- 1989. The cooperative agreement between NPS and ATC established ATC as the “GUARANTOR” ensuring that volunteer clubs would adequately “manage” and “protect” the Trail.

ATC’s Board (now with input from the Stewardship Council and the Regional Partnership Committees?) sets policy regarding management, protection, and use.

ATC confirms and clubs acknowledge responsibility for Trail management for a specified section.

ATC’s Obligations

Provide regular information about laws, regulations, and agency policy that requires compliance.

Provide information on policy, standards, and local management planning and backup support.

Provide technical and financial support for Trail management, corridor monitoring, public information and education.

Trail Clubs

Manage facilities and lands in accordance with policies found in the Local Management Planning Guide.

THIS INCLUDES:

Regular revision of Local A.T. Management Plans

Completing Trail Assessments every five years with ATC staff and partners and providing annual updates

Monitoring corridor lands, and providing annual report of findings to ATC

Regular cooperation and communication with ATC and other management partners

Agree to maintain the footpath in accordance with ATC standards (Trail Design Construction and Maintenance).

Cooperative Management

Issues should be resolved locally at the lowest level possible, hopefully at the club level.

Issues that can’t be resolved at the club level are referred to the vice chair and regional representative (Change to RPC chair and regional director?)

Issues that can’t be resolved regionally are referred to ATC Board, Executive Director and Staff.

There is a commitment by all parties to cooperate, consult and collaborate.

Do the Mid-Atlantic Clubs Think the Agreements Need to Be Updated?

Should new initiatives such as participation in the RPC be captured more clearly?

What, if any, other changes does the MA-RPC suggest?

Beyond reflecting changes in ATC’s governance structure?