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MEMORANDUM OF UNDERSTANDING

between
Department of Interior
U.S. Fish & Wildlife Service
Wichita Mountains Wildlife Refuge
and
Wichita Mountains Climbers Coalition

RECITALS

As the nation's principal conservation agency, the Department of Interior has the responsibility for most of our nationally owned public lands and natural resources. The U.S. Fish & Wildlife Service (FWS) administers the National Wildlife Refuge System, which now consists of over 500 refuges and over 92 million acres of habitat dedicated to preserving native American wildlife.

Wichita Mountains Wildlife Refuge (WMWR) is the oldest managed unit in the refuge system and supports a wide cross-section of native plants and animals. The rugged rocky outcrops, oak forests, and mixed-grass prairies of the Wichita Mountains create excellent habitat for herds of bison and elk and all native wildlife. The primary purpose of the WMWR as stated in the enabling legislation is "... for the protection of game animals and birds and to be recognized as a breeding place therefor ..."

As principal representative for the region's rock climbers who use Wichita Mountains Wildlife Refuge, the Wichita Mountains Climbers Coalition (WMCC) is a volunteer organization dedicated to preserving the integrity of both the WMWR's climbing resources and the natural environment in which the activity occurs. The WMCC seeks to assist the FWS in managing rock climbing activity on the WMWR by:

1. providing guidance and assistance on rock climbing issues to the FWS

2. organizing volunteer efforts for WMWR conservation projects

3. establishing an Advisory Bolting Committee (ABC) to assist the FWS in reviewing fixed anchor protection

4. educating and informing the rock climbing community on issues regarding rock climbing and resource protection.

PURPOSE

This Memorandum of Understanding (MOU) recognizes the goals and purposes of the FWS and the WMCC, and sets forth the mutual covenants and agreements between the FWS and the WMCC in managing rock climbing activity at the WMWR.

SCOPE

The Wichita Mountains Climbers Coalition will provide volunteer assistance to the FWS at WMWR by:

1. providing an Advisory Bolting Committee (ABC) to assist the FWS in reviewing
fixed anchors. The ABC will:

a. assist the FWS in developing and maintaining an inventory of established rock climbing routes and fixed anchors at the WMWR

b. make recommendations to the FWS for the removal and/or replacement of fixed anchors due to aesthetic or natural resource concerns

c. assist the FWS in developing an application process for climbers desiring to add, replace, or remove fixed anchors on a new or existing route

d. screen and review fixed anchor applications and submit recommended applications to the FWS for final approval or disapproval

e. document new and replaced fixed anchors and provide such information to the FWS

2. educating and informing the rock climbing community about conservation issues, resource protection, "leave no trace" climbing ethics, and stewardship philosophy

3. assist refuge management in monitoring the effectiveness of the FWS rock climbing management plan

4. maintaining all rock climbing areas free of trash or abandoned equipment

5. removing excess gymnastic chalk from the rock as needed

6. working in partnership with the FWS to:

a. maintain and enhance a comprehensive rock climbing management program

b. assure that natural resource protection is given the highest priority in fulfilling the requirements of the MOU, and in resolving situations during conflict resolution processes

c. assure that any activity having an adverse impact on resources is mitigated and that new and potential rock climbing problems meet all applicable resource protection and conservation requirements of the FWS

d. develop other climbing and conservation related projects as mutually agreed.

The U.S. Fish & Wildlife Service will provide the WMCC:

1. site specific resource criteria and guidelines which the Advisory Bolting Committee will incorporate into their review procedure

2. a resource committee to:

a. interact with the WMCC on rock climbing issues

b. review recommended fixed anchor applications for natural resource compatibility

c. submit reviewed fixed anchor applications to the Refuge Manager for final approval or disapproval

d. expedite conflict resolution as needed

e. direct resource conservation and restoration projects at WMWR.

STATEMENT OF NON-LIABILITY REGARDING FIXED ANCHORS

It is hereby understood and agreed that the FWS, WMCC, and ABC will review fixed anchor applications and make recommendations concerning fixed anchors based upon aesthetic and natural resource criteria only. By entering into this Memorandum of Understanding, the FWS, WMCC, and ABC make no representations or warranties regarding the safety, reliability or suitability for use of any fixed anchors or other hardware currently existing or installed in the future on any climbing route in the WMWR. Moreover, the FWS, WMCC, and ABC make no representations or warranties regarding the degree of hazard or danger involved, or lack thereof, on any rock climbing route in the WMWR. It is understood and agreed that rock climbing is a dangerous activity and that the individual climber must personally make all decisions regarding his or her safety while climbing.

TERMS

This agreement will be in effect for five (5) years and may be renewed by mutual consent. Either party may cancel this agreement at any time with 90 days written notice. Any volunteer individual or organization will sign a volunteer agreement with the FWS prior to the beginning of a project for liability and Tort Claims purposes. Said volunteer agreement shall release any volunteer individual or organization from all liability related to or resulting from any volunteer activity performed for the FWS and shall indemnify and hold harmless any volunteer individual or organization from any and all claims related to or resulting from any such volunteer activity.

Executed and effective this 6th day of May, 2001

Wichita Mountains Wildlife Refuge,
Refuge Manager:

Sam Waldstein

Wichita Mountains Climbers Coalition,
Board of Directors:

Marion Hutchison
Jimmy Forester
John Ferguson
Tony Mayse
Aaron Gibson

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