reclamation lease no. 14-lm-40-05080...acts, collectively referred to as federal reclamation laws;...

UNITED STATES

DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

LEASE AGREEMENT BETWEEN THE BUREAU OF RECLAMATION

AND THE STATE OF COLORADO,

COLORADO DIVISION OF PARKS AND WILDLIFE

FOR THE PLANNING, DEVELOPMENT, ADMINISTRATION,

OPERATION, MAINTENANCE, AND REPLACEMENT OF

RECREATION AT

CRAWFORD, JACKSON GULCH (MANCOS), NAVAJO, PAONIA,

RIDGWAY, RIFLE GAP, AND VEGA RESERVOIRS

_______ 2020

Reclamation Contract No. 20-LM-40-506730 CPW Contract No. __________________________

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UNITED STATES DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

LEASE AGREEMENT BETWEEN THE BUREAU OF RECLAMATION AND THE STATE OF COLORADO, COLORADO DIVISION OF PARKS AND WILDIFE,

FOR THE PLANNING, DEVELOPMENT, ADMINISTRATION, OPERATION, MAINTENANCE, AND REPLACEMENT OF RECREATION AT CRAWFORD, JACKSON

GULCH, (MANCOS) NAVAJO, PAONIA, RIDGWAY, RIFLE GAP, AND VEGA RESERVOIRS

TABLE OF CONTENTS

1. AUTHORITIES ....................................................................................................................... 1

2. DEFINITIONS ........................................................................................................................ 2

3. TRANSFER OF RESPONSIBILITY ...................................................................................... 9

4. TERM OF LEASE AGREEMENT AND TERMINATION OF EXISTING LEASE, MANAGEMENT, AND JOINT POWERS AGREEMENTS ................................................ 9

5. MODIFICATION OF LEASE AGREEMENT AND WAIVER OF BREACH ..................... 9

6. TERMINATION OR PARTIAL TERMINATION .............................................................. 10

7. TURNBACKS OR PARTIAL TURNBACKS ..................................................................... 11

8. TITLE TO LAND, IMPROVEMENTS, AND EQUIPMENT AND RESTORATION ....... 12

9. DAMAGE OR LOSS OF CONSTRUCTED ASSETS ......................................................... 13

10. PLANNING, DEVELOPMENT, ADMINISTRATION, OPERATION, MAINTENANCE, AND REPLACEMENT ........................................................................................................ 13

11. CONTINGENT ON APPROPRIATIONS OR ALLOTMENT OF FUNDS ........................ 15

12. FEES AND REVENUES ...................................................................................................... 16

13. RECLAMATION USE PARAMOUNT ............................................................................... 16

14. RESOURCE MANAGEMENT PLANS (RMPs) AND PARK MANAGEMENT PLANS (PMPs) ................................................................................................................................... 17

15. PUBLIC SAFETY ................................................................................................................. 18

16. LIABILITY ........................................................................................................................... 18

17. ACCIDENT REPORTING.................................................................................................... 19

18. ENVIRONMENTAL COMPLIANCE .................................................................................. 19

19. HAZARDOUS MATERIALS HANDLING......................................................................... 20

20. DEBRIS AND WASTE REMOVAL .................................................................................... 21

21. VARIATION IN WATER LEVEL ....................................................................................... 22


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22. NATURAL AND CULTURAL RESOURCE CONSERVATION and protection .............. 22

23. CONSUMPTIVE USE OF WATER BY STATE ................................................................. 23

24. MANAGEMENT BY THE STATE OF PERSONAL PROPERTY .................................... 24

25. THIRD PARTY CONTRACTS ............................................................................................ 24

26. LIABILITY OF CONTRACTORS, CONCESSIONAIRES, AND PERMITTEES ............ 26

27. TRESPASS ............................................................................................................................ 27

28. RESERVATIONS ................................................................................................................. 28

29. REVIEW OF PLANNING, DEVELOPMENT, ADMINISTRATION, OPERATION, MAINTENANCE, AND REPLACEMENT ......................................................................... 29

30. EXAMINATION OF RECORDS ......................................................................................... 29

31. RECREATION USE DATA REPORT ................................................................................. 30

32. MISCELLANEOUS PROVISIONS ..................................................................................... 30

33. DESIGNATED REPRESENTATIVES ................................................................................ 31

34. NOTICES .............................................................................................................................. 31

35. OFFICIALS OR EMPLOYEES NOT TO BENEFIT ........................................................... 31

36. SIGNATORIES ..................................................................................................................... 32

EXHIBITS Exhibit A – (In Order) Crawford, Jackson Gulch (Mancos), Navajo, Paonia, Ridgway, Rifle Gap,

Vega Reservoir Area Maps Exhibit B – Environmental Requirements Exhibit C – Equal Opportunity Requirements Exhibit D – Title VI, Civil Rights Act of 1964 Exhibit E – Nondiscrimination on the Basis of Disability Exhibit F – Major Applicable Reclamation Regulations, Policies, Directives and Standards

Governing Recreation Program Administration Exhibit G – Minimum Wage Contract Clause (Executive Order 13658)


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LEASE AGREEMENT BETWEEN THE BUREAU OF RECLAMATION AND THE STATE OF COLORADO, COLORADO DIVISION OF PARKS AND WILDIFE,

FOR THE PLANNING, DEVELOPMENT, ADMINISTRATION, OPERATION, MAINTENANCE, AND REPLACEMENT OF RECREATION AT CRAWFORD, JACKSON

GULCH (MANCOS), NAVAJO, PAONIA, RIDGWAY, RIFLE GAP, AND VEGA RESERVOIRS

1. AUTHORITIES

THIS LEASE AGREEMENT (Lease Agreement), made this ______ day of ______, 2018, by and between the United States of America, acting through the Bureau of Reclamation, Department of the Interior, hereinafter referred to as “Reclamation,” and the State of Colorado, by and through the Department of Natural Resources, for the use and benefit of the Division of Colorado Parks and Wildlife hereinafter referred to as the “State” is made pursuant the statutory authority and discretion of Reclamation and the State. This Lease Agreement is made in accordance with the Act of June 17, 1902 (32 Stat. 388), and all amendatory and supplementary acts, collectively referred to as Federal Reclamation Laws; the Water Conservation and Utilization Act of August 11, 1939 (53 Stat. 1418) as amended October 14, 1940 (54 Stat. 1119); the Act of July 3, 1952 (66 Stat, 325) authorizing the Collbran Project; the Act of April 11, 1956 (70 Stat. 105) authorizing the Colorado River Storage Project and participating projects; the Federal Water Project Recreation Act of July 9, 1965 (Public Law 89-72, 79 Stat. 213), as amended particularly by Title XXVIII of the Reclamation Recreation Management Act of October 30, 1992 (Public Law 102-575, 106 Stat. 4690-4693); the Colorado Revised Statutes, sections 33-10-101 to 33-15-112 (C.R.S. and the 1993 supplement), as may be amended; and the rules and regulations of the State to the extent consistent therewith.

WITNESSETH:

WHEREAS, the parties hereto have entered into a previous recreation agreement titled, “Memorandum of Agreement Between the United States of America, and the State of Colorado for the Management, Operation, and Maintenance of Recreation at Seven Western Colorado Reservoirs: Crawford, Jackson Gulch (Mancos), Paonia, Ridgway, Rifle Gap, Vega, and Navajo” (Contract No. 3-LM-40-01000) for the management of public recreation and Recreation Facilities on the Crawford, Jackson Gulch (Mancos), Navajo, Paonia, Ridgway, Rifle Gap, and Vega Reservoirs, known as the “Reservoir Areas”, in order to provide for public use and enjoyment of the Reservoir Areas consistent with project purposes, and authorized uses, and;

WHEREAS, the parties hereto desire to enter into one new Lease Agreement for the Planning, Development, Administration, Operation, Maintenance, and Replacement of public recreation, Recreation Facilities, and other responsibilities related to or in support of recreation and resource management as identified herein, at all of the subject Reservoir Areas to replace


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and supersede the current agreement for recreation management which will terminate when this Lease Agreement is executed.

NOW, THEREFORE, it is agreed as follows:

2. DEFINITIONS

Where used in this document:

(a) “Closed” means a prohibition to all public access. Certain areas or portions of Reclamation facilities, lands, or waterbodies within the Reservoir Areas may be “closed,” such as a portion of, or all of the Primary Jurisdiction Area (PJA), which is the primary area of operations for a Water District or Reclamation, or a canal feature such as a canal siphon that may be a public safety concern or hazardous area, etc. Before or at the time of closing all or portions of Reclamation facilities, lands, or waterbodies to public use, the responsible authorized official must indicate the closure by: locked doors, fencing, gates, or other barriers, posted signs and notices at conspicuous locations, such as normal points of entry, or other reasonably obvious means as provided in 43CFR423 subpart B.

(b) “Capital Improvement” is the addition of a permanent structural change or the restoration of some aspect of a property that will either enhance the property's overall value, increases its useful life, or adapts it to a new use.

(c) “Concession” is a commercial business that supports appropriate public recreational uses and provides facilities, goods, or services for which Revenues are collected. A Concession involves the use of the Federal Estate and may involve the development of improvements.

(d) “Concessionaire” is the operator or holder of a Concession, a business enterprise operating on the Federal Estate to provide Concession-related services and facilities and is contracted by Reclamation or through a third party, such as a recreation managing partner (e.g., State).

(e) “Contractor” is a business enterprise that produces goods or provides services to either the Federal Government and/or State Parks. For the purposes of this Lease Agreement, Contractors are entities that have contracted with either State Parks or Reclamation for purposes specifically related to operations and maintenance of the Reclamation Projects or Reservoir Areas and may include, but not be limited to, concrete, mechanical, structural services and repairs; vegetation management; surveying; housekeeping, and so forth. Contractors are not Concessionaires for the purposes of this Lease Agreement.


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(f) “Cost Share” means (1) the value of non-Federal partners’ monetary or in-kind contributions and (2) the value of the Federal partners’ monetary contributions under a federally-assisted project or program.

(g) “Districts” mean the Crawford Water Conservancy District, Collbran Water Conservancy District, Mancos Water Conservancy District, North Fork Water Conservancy District, Silt Water Conservancy District, and the Tri-County Water Conservancy District, and their duly authorized representative(s).

(h) “Exclusive Use” means any use that excludes appropriate public uses or access and may involve structures or other improvements used for recreational or residential purposes, and are not associated with the official management of a Reclamation project. This includes those uses described in Reclamation’s Code of Federal Regulations (CFR) Title 43 Part 429 and the uses currently defined in 43 CFR Part 21. Examples of Exclusive Use includes, but is not limited to, boat docks, piers, moorings, launching ramps, floating structures, cabins and cabin sites and associated improvements, trailers, manufactured or mobile homes, residences and related improvements, structures, roads, and sites for such activities as hunting, fishing, camping, and picnicking that attempt to exclude general public access, or amenities that are determined by Reclamation to be Exclusive Use. This excludes the operation, maintenance, and replacement of Project Facilities by Reclamation and the Districts, as authorized under Federal law and contract, and any valid existing or authorized rights of use on the Federal Estate.

(i) “Fair Market Value” means the amount in cash or on terms reasonably equivalent to cash, for which in all probability the property would have sold on the effective date of the appraisal, after a reasonable exposure time on the open competitive market, from a willing and reasonably knowledgeable seller to a willing and reasonably knowledgeable buyer, with neither acting under any compulsion to buy or sell, giving due consideration to all available economic uses of the property at the time of the appraisal. All government appraisals shall conform to the Uniform Standards of Professional Appraisal Practice and the Uniform Appraisal Standards of Federal Land Acquisitions, as implemented in accordance with the Department of the Interior’s Appraisal Services Directorate Appraisal Policy Manual, or any succeeding standards and manuals.

(j) “Federal Estate” means the Federal land, facilities, and water areas under the primary jurisdiction of the Department of the Interior, Bureau of Reclamation. These are lands acquired in fee title by the United States for use by Reclamation or withdrawn from the public domain for Reclamation project purposes, and are the lands covered by this Lease Agreement and shown on the Exhibit A maps.


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(k) “Federal Funds” means any appropriated funds or other funds acquired by Reclamation that is provided to the State without regard to the authorization for such funds or the manner in which they were transferred.

(l) “Fiscal Year” means:

(1) the annual period, from October 1 of one calendar year to September 30 of the next calendar year, on which Reclamation bases its budget; and

(2) the annual period from July 1 of one calendar year to June 30 of the next calendar year on which the State bases its budget.

(m) “Fixed Assets” are any structures, fixtures, facilities, Recreation Facilities or Capital Improvement placed on the Federal Estate, or pieces of installed equipment that are necessary to the operation of a certain facility (restrooms, shower buildings, fences, barriers, roads, utility lines, etc.).

(n) “Good Repair” means maintaining functional use, integrity, and longevity of facilities and equipment through use of appropriate actions including controlled maintenance, standard operating procedures, operation and maintenance manuals, etc., and maintaining facilities in a safe, neat, clean, and well-kept condition. This definition includes compliance with Federal, State, and local health, safety, accessibility, and environmental standards.

(o) “Lease” is a Use Authorization that transfers the rights of possession and/or use of a property from the owner to another, usually for a specified rent or compensation (cash, crop, or other remuneration). This Lease does not transfer any interest in the Federal Estate to the recipient of the Lease. The recipient of a Lease is typically referred to as a lessee or grantee. Reclamation reserves the right to issue Leases for use of the Federal Estate that do not materially conflict with the purposes of this Lease Agreement.

(p) “Mutually Agreed” and its derivations means both parties’ designated representatives are in agreement on a proposed action. Such agreements shall be in writing. In the event the designated representatives cannot Mutually Agree on a proposed action within sixty (60) calendar days, or longer period as may be agreed to by the parties hereto, the proposed action shall be remanded to the Division of Colorado Parks and Wildlife and the Director of the Upper Colorado Region of the Bureau of Reclamation. If, within forty-five (45) calendar days after remanding to the respective signatory authorities there is still no mutual agreement on the proposed action, Reclamation's determination shall stand. However, should this occur, both parties shall have the right to terminate this Lease Agreement pursuant to Article 6 herein.

(q) “Park Management Plans” (PMPs) means the management and development plans produced by the State and approved by Reclamation for each Reservoir Area. PMPs


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provide direction to the State for enhancing recreational opportunities and protecting park assets, including natural and environmental resources.

(r) “Permittee” is an individual or private entity (profit or nonprofit) which has been given a specific, limited permit to engage in authorized activities within the Reservoir Areas by the State. Permittees include, but are not limited to, guides and outfitters, mobile food and refreshment cart owners, art and craft exhibitors and sellers, wildlife rehabilitation experts, natural resource educators, school groups, family reunions, etc. A Permittee is granted authorization that has both a time limit (one (1) year or less) and restrictions as to where and when the activity can be conducted and revocable by the State for any reason. Permittees are not Concessionaires for the purposes of this Lease Agreement. Reclamation reserves the right to issue all other Use Authorizations (see Article 25.(d) below).

(s) “Personal Property” includes all equipment, materials and supplies, including museum objects. It is any type of article that can be moved from place to another, excluding buildings. It includes, but is not limited to, heavy equipment, vehicles, computers, copiers, office furniture, trash cans, picnic tables, cleaning supplies, paper stocks, etc. It does not include property which is incorporated into, or permanently affixed to, real property.

(t) “Planning, Development, Administration, Operation, Maintenance, and Replacement” means the acts or processes used to:

(1) staff and contract for the planning, design, and construction of Recreation Facilities;

(2) manage and develop Recreation Facilities in accordance with individual PMPs and/or RMPs within the Reservoir Areas;

(3) manage and enhance recreation resources and Recreation Facilities, visitor management, recreation activities, and opportunities to ensure satisfactory visitor experience and Public Safety;

(4) keep Recreation Facilities and equipment in Good Repair and usable working condition;

(5) undertake necessary activities to conserve as nearly, and as long, as possible, the original condition of an asset or resource while compensating for normal wear and tear; and

(6) replace or construct equipment and facilities with similar, different, or superior equipment and facilities as may be agreed to by the parties hereto.


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(u) “Primary Jurisdiction Areas” (PJAs) means those areas surrounding the dams, appurtenant facilities and structures (such as the spillway, outlet works, feeder canals and distribution works), and the vicinities below the dams wherein Reclamation and/or the Districts retain primary jurisdiction for the protection, operation, and maintenance of said Project Facilities. The PJAs are shown for each of the Reservoir Areas on the maps in Exhibit A.

(v) “Project Facilities” means water diversions, collection, storage, and carriage facilities, and appurtenant ancillary facilities built under the Reclamation Project authorizing acts to fulfill the primary purposes of those acts.

(w) “Project Lands” means lands acquired, or lands withdrawn, from the public domain, for Reclamation Project purposes as defined by authorizing legislation and acts collectively referred to as Federal Reclamation Laws.

(x) “Public Safety” means protecting the public from harm which may be caused by, but not limited to, unwanted actions or conditions at the Reservoir Areas and Recreation Facilities. These unwanted actions or conditions may include but not be limited to: narcotic use, trespassing, burglary, harassment, noise, littering, inappropriate (and unlawful) social behavior, fire, flood, hazardous materials exposure, and faulty or poorly maintained facilities, etc.

(y) “Reclamation” means the United States Department of the Interior acting by and through the Bureau of Reclamation and its duly authorized representative(s).

(z) “Reclamation Project” means any land, facilities, and waterbodies used for water supply, water delivery, flood control, hydropower, or other authorized purposes including fish, wildlife, and recreation administered by Reclamation under Federal Reclamation Laws.

(aa) “Recreation Facilities” means those facilities and Fixed Assets constructed or installed within the Reservoir Areas for recreational use by the public or for support of such recreational use. Recreation Facilities include, but are not limited to, buildings (such as park headquarters, visitor centers, housing for State Park personnel and volunteers, and maintenance shops, etc.) and other facilities, structures, features, and infrastructure (such as campgrounds, picnic areas, boat docks and ramps, electrical lines, water systems, park roads, parking areas, sewer systems, signs, trash facilities, boundary and interior fencing, aquatic nuisance species (ANS) inspection and decontamination facilities, etc.).

(bb) “Reservoir Areas” include all, or any part thereof, of the Federal Estate within the reservoir property boundaries as shown on the Reservoir Areas maps in Exhibit A for which management of recreation and Recreation Facilities is transferred to the State pursuant to this Lease Agreement. Lands covered by flood easements are exempted from this definition.


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(cc) “Resource Management Plan” (RMP) means a comprehensive plan prepared by Reclamation in accordance with Title XXVIII of Public Law 102-575, National Environmental Policy Act of 1969, as amended (42 U.S.C. § 4321-4370 (2016)), and Reclamation Directives and Standards and guidelines for resource management and planning that (1) is consistent with applicable laws; (2) is developed in consultation with appropriate Federal and non-Federal departments or agencies, tribes, authorized beneficiaries, and the public; (3) provides for the development, use, conservation, protection, enhancement, and management of resources; and (4) is prepared in a manner that is compatible with the authorized purposes of the Reclamation Project and associated lands.

(dd) “Revenues” means all receipts derived from entry and other use fees and monetary donations which the State is permitted to collect pursuant to its authority under this Lease Agreement including, but not limited to, fees, charges, tolls and rents, charged by the State for public recreation use, Concession fees, Third Party Agreements, special use permits and special activity permits issued or administered by the State. This term also includes Revenues derived from the State’s operation of a marina or other concession-type services such as the sale of gasoline, merchandise, food and beverages, fishing tackle, boat rentals, boat storage, slip rentals, mooring rentals, etc., as part of their overall responsibility. Revenues do not include receipts from the sale of fishing and hunting licenses or registrations for boats and off-road vehicles or snowmobiles.

(ee) “Special Use Areas” means an area at or within a Reclamation Project facility or an area of Reclamation lands or waterbodies, in which special rules for public conduct apply that differ from those established in Subpart C of 43 CFR 423. A Special Use Area must be established by an authorized official as provided in Subpart E of 43 CFR 423.

(ff) “State” means the State of Colorado, Department of Natural Resources, acting by and through the Division of Parks and Wildlife, and, where appropriate, its duly authorized representative(s).

(gg) “Third Party Contract” is a legally-binding document including, but not limited to, permits and service contracts between the State and another governmental entity, private business, nonprofit, or individual to provide services within the Reservoir Areas that may include, but are not limited to, activities required for normal Planning, Development, Administration, Operation, Maintenance, and Replacement of the Reservoir Areas (e.g., trash removal and disposal, toilet pumping, tree trimming), Concession operations (e.g., resorts, restaurants, retail sales, marina facilities, firewood, boat rentals, ice cream trucks), organized sporting events, commercial guide and outfitting services, commercial filming and photography, public gatherings (e.g., weddings, family reunions, and meetings), special events, scientific studies, organized group activities, beekeeping, and interpretive services. Excluded from this definition are construction contracts and price agreements for miscellaneous repairs, upgrades, or


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new construction of facilities within the Reservoir Areas. All Third Party Contracts issued by the State shall be in compliance with 43 CFR 429, 43 CFR 423, and all applicable Reclamation Manual Standards and Directives, including but not limited to LND 08-01 (Land Use Authorizations), LND 01-03 (Recreation Program Management), and LND 04-02 (Concessions Management by Non-Federal Partners). See Article 25. Third Party Contracts are not Leases as they do not convey any type of possessory property interest on the Federal Estate or for Recreation Facilities that were constructed in whole, or in part, with Federal or State funds.

(hh) “Turnback” is an action taken by the State that ultimately results in having all recreation responsibilities being transferred or conveyed back to Reclamation for its sole management.

(ii) “Trespass” includes any of the following acts:

(1) unauthorized possession or occupancy of Reclamation facilities, lands, or waterbodies;

(2) personal entry, presence, or occupancy on or in any portion or area of Reclamation facilities, lands, or waterbodies that have been closed to public use pursuant to subpart B of 43 CFR 423;

(3) unauthorized extraction or disturbance of natural or cultural resources located on Reclamation facilities, lands, or waterbodies;

(4) unauthorized conduct of commercial activities on Reclamation facilities, lands, or waterbodies;

(5) holding unauthorized public gatherings on Reclamation facilities, lands, or waterbodies; or

(6) unauthorized dumping or abandonment of Personal Property on Reclamation facilities, lands, or waterbodies.

(jj) “Use Authorization” means a document that defines the terms and conditions under which Reclamation will allow the use of its lands, facilities, and waterbodies within the Reservoir Areas. Use Authorizations may include, but not be limited to, easements, Leases, licenses, permits, and consent documents. This document is also referred to as a “right-of-use.” As provided for in 43 CFR 429, unless otherwise provided by law or regulation, only Reclamation or another Federal agency acting for Reclamation under delegated authority is authorized to issue Use Authorizations that convey an interest in Reclamation land, facilities, or waterbodies. Refer to Article 25. All Use Authorizations issued by Reclamation shall be in compliance with 43 CFR 429, 43 CFR 423, and all applicable Reclamation Manual Standards


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and Directives, including but not limited to LND 08-01 (Land Use Authorizations), and LND 01-03 (Recreation Program Management).

3. TRANSFER OF RESPONSIBILITY

(a) Reclamation hereby transfers to the State, subject to the provisions of this Lease Agreement, and the State hereby accepts responsibility for the Planning, Development, Administration, Operation, Maintenance, and Replacement of public recreation and Recreation Facilities, and other related responsibilities pursuant to this Lease Agreement on the Reservoir Areas previously identified and shown in Exhibit A. Responsibility includes ensuring Public Safety of visitors in accordance with Article 15.

(b) Reclamation and the State will jointly update the Recreation Facilities asset inventory and produce a comprehensive inventory of Recreation Facilities and support facilities such as maintenance buildings, housing, and garages. The inventory will include Reservoir Area, geographic location on the Federal Estate, notation of ownership, and current condition. Reclamation and the State commit to producing this inventory within three (3) years of the enacted date of this Lease Agreement. Such inventory will become an exhibit to this Lease Agreement through amendment.

(c) Reclamation will revise the appropriate maps in Exhibit A to include other entities' ownership rights as those rights are resolved and documented over time. As maps are revised they will become a part of this Lease Agreement through amendment.

(d) The State shall manage, operate and maintain the Sambrito Wildlife Area as part of Navajo State Park, Colorado, and this Lease Agreement.

4. TERM OF LEASE AGREEMENT AND TERMINATION OF EXISTING LEASE, MANAGEMENT, AND JOINT POWERS AGREEMENTS

The term of this Lease Agreement shall be twenty (20) years from the date first written above unless terminated sooner as provided for in Article 6 of this Lease Agreement. During the last two (2) years prior to expiration of this Lease Agreement, the parties hereto shall, in good faith, begin negotiation on a new Planning, Development, Administration, Operation, Maintenance, and Replacement Agreement. Execution of this Lease Agreement terminates and supersedes Agreement No. 3-LM-40-01000 and all amendments for the management of public recreation and Recreation Facilities at the subject Reservoir Areas.

5. MODIFICATION OF LEASE AGREEMENT AND WAIVER OF BREACH

(a) This Lease Agreement may be modified, amended, or superseded at any time during its term upon Mutual Agreement by the parties hereto.


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(b) If any portion of this Lease Agreement is rendered null and void as a result of applicable laws, regulations, Executive Orders, court rulings, etc., all remaining portions of this Lease Agreement shall remain in full force and effect, provided the voided portion or portions do not affect the primary purposes of this Lease Agreement.

(c) A breach of any provision by either party to this Lease Agreement shall not relieve either party of the remaining obligations of this Lease Agreement. Waiver of any breach of this Lease Agreement by any party hereto shall not constitute a continuing waiver or a waiver of any breach of the same or another provision of this Lease Agreement.

6. TERMINATION OR PARTIAL TERMINATION

(a) This Lease Agreement shall terminate, and all rights and obligations of the parties under this Lease Agreement shall cease under the following conditions:

(1) Upon expiration of the term of this Lease Agreement, as provided in Article 4;

(2) Either party may serve written notice of termination upon failure of the other party to comply with the terms and conditions of this Lease Agreement. The party given such notice will be given a minimum of one hundred twenty (120) days following the date of such notice to correct the default or breach. Failure to correct the default or breach within one hundred twenty (120) days of receipt of notice, or up to one (1) year if Mutually Agreed, will constitute reasonable cause for immediate termination of this Lease Agreement.

(b) Should a transfer or sale of all or any part of the Reservoir Areas identified in this Lease Agreement take place, Reclamation shall, to the extent allowed by law, ensure the entity receiving said area be bound by the terms of this Lease Agreement through stipulations made in a separate agreement or contract. The purpose of such stipulations is to protect Federal and State interests in the remaining portion(s) of the Reservoir Areas (e.g., prohibit construction of private docks or beaches) and preserve public access under this Lease Agreement. Reclamation shall notify the State at least sixty (60) days before transfer of any Reservoir Area, and the State shall have the right to terminate or partially terminate this Lease Agreement upon transfer of any Reservoir Area. Any compensation that may be due to the State for the State's contributions to the transferred area will be determined at the time of each such transfer or sale as allowed by law, regulation, and appropriations.

(c) If the United States Congress or the Colorado State Legislature fail to provide adequate funding to enable Reclamation or the State to carry out their respective obligations under this Lease Agreement, either party may give written notice of its desire to suspend, modify, or terminate this Lease Agreement. If a party gives written notice of its desire to


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terminate, this Lease Agreement shall terminate on a certain date at least one hundred eighty (180) days after the date of notice.

(d) For conditions other than those expressed in Article 6(a), (b), and (c) herein, the State shall give Reclamation at least one hundred eighty (180) days written notice of its intent to terminate this Lease Agreement.

(e) Upon termination by either party or expiration of this Lease Agreement, the Revenue generated at the Reservoir Areas, including any surplus, will be applied against the expenses accrued and any deficits will be split evenly between the parties hereto. Any surpluses will be returned to Reclamation and credited to each project as appropriate and in compliance with Reclamation Manual PEC 03-01.

(f) Neither party may, by termination of this Lease Agreement or by Turnback, nullify obligations already incurred before the date such notice of desire for termination is received, nor prior to the date the parties agree to affect termination.

7. TURNBACKS OR PARTIAL TURNBACKS

(a) Potential Turnbacks of portions of a Reservoir Area or recreation site/area will be negotiated by the parties to this Lease Agreement on a case-by-case basis to determine if there is a solution to prevent a partial Turnback. The potential Turnback of an entire Reservoir Area will be negotiated prior to the Turnback to determine if there is a solution or other option available to prevent the full Turnback of the Reservoir Area. If an agreement cannot be reached, the State will provide two (2) years written notice on a partial or full Turnback of a Reservoir Area to allow Reclamation and the State time to determine what actions/activities need to be taken for the Turnback.

(b) In the event Reclamation desires the State to Turnback in its entirety one of the Reservoir Areas covered by this Lease Agreement, or the State desires to Turnback a specific Reservoir Area in its entirety, the party seeking the Turnback shall provide written notice to the other party two (2) years prior to the action. Either party’s decision to Turnback a Reservoir Area to Reclamation shall be final, binding, and accepted by the other. The terms and conditions of this Lease Agreement shall still apply to the remaining Reservoir Areas.


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8. TITLE TO LAND, IMPROVEMENTS, AND EQUIPMENT AND RESTORATION

(a) The United States shall be vested with title to land and Fixed Assets within the Reservoir Areas that were cost-shared under a grant authorized pursuant to 16 U.S.C. §§460l-12 – 21. Fixed Assets on the Federal Estate that were funded by Reclamation, in part or in whole, shall remain the property of the United States. Fixed Assets that were funded entirely by the State shall remain the property of the State.

(b) The State shall keep a current and accurate property record and inventory of all Recreation Facilities and Fixed Assets installed or constructed within the Reservoir Areas and Personal Property purchased with Federal Funds for use at the Reservoir Areas pursuant to this Lease Agreement.

(c) Except as otherwise provided in this Lease Agreement, property, equipment, and supplies acquired with Federal Funds pursuant to this Lease Agreement shall be managed in accordance with Office of Management and Budget Circular A-102, or superseding document.

(d) The State shall keep a current and accurate inventory of any Fixed Assets installed or constructed solely at its own expense or at the expense of its contractors, subcontractors, Concessionaires, and permittees and shall provide Reclamation such inventory within thirty (30) days of completion of such installation or construction so that Reclamation inventory records can be maintained accordingly.

(e) For a period of one hundred twenty (120) days after termination of this Lease Agreement or such longer period as may be determined by Reclamation to be reasonable, the State, the State’s contractors, subcontractors, Concessionaires, or permittees shall have the privilege of salvaging or removing Fixed Assets installed or constructed by the State, the State’s contractors, subcontractors, Concessionaires, or permittees at their sole cost or expense. Such structures and facilities must have been determined to not be necessary for the continued operation and management of the Reservoir Areas. The State, its contractors, subcontractors, Concessionaires and permittees shall restore the land occupied by such removed structures or facilities to its original condition as determined to be satisfactory to Reclamation.

(f) Upon termination of this Lease Agreement and contingent on Federal authorization and the Congress of the United States making the necessary appropriations or allotment of funds, Reclamation shall purchase at Fair Market Value those Fixed Assets determined necessary for the future operation and maintenance of the area, provided the Fixed Assets were exclusively constructed or financed by the State or the State’s contractors, subcontractors, Concessionaires, or permittees. Title to all such remaining structures or facilities financed by the State, the State’s contractors, subcontractors, Concessionaires, or permittees shall vest in Reclamation. Compensation of Fixed Assets determined to not be necessary to the


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continued operation and management of the Reservoir Areas, and not removed by the State, its contractors, subcontractors, Concessionaires or permittees will be negotiated and dependent upon authority and appropriations.

9. DAMAGE OR LOSS OF CONSTRUCTED ASSETS

(a) In the event of partial or total loss of a Fixed Asset owned or used by the State within any of the Reservoir Areas, the State will make a claim for such loss through the Colorado Department of Personnel and Administration's Office of Risk Management.

(b) Should the Office of Risk Management not cover the partial or total loss of a constructed asset, funding to replace the partial or total loss will be negotiated between the parties hereto, subject to authorization and the availability of appropriations.

10. PLANNING, DEVELOPMENT, ADMINISTRATION, OPERATION, MAINTENANCE, AND REPLACEMENT

The State shall be responsible for the Planning, Development, Administration, Operation, Maintenance, and Replacement of public recreation, Recreation Facilities, recreational use, and other related responsibilities of the Reservoir Areas in accordance with the following:

(a) The State shall ensure that land use and administration of the subject Reservoir Areas shall conform to all applicable Federal laws, Executive Orders, regulations, and policies. Where variations exist in Federal laws, Executive Orders, regulations, and policies, the most stringent shall be the required standard.

(b) The State shall exercise its law enforcement authority within the Reservoir Areas and shall, within the limits of its authority, adopt and enforce such rules and regulations for the recreational use of the Reservoir Areas as are necessary and desirable to protect the health and safety of persons using the Reservoir Areas, preserve law and order, and protect the recreation resources and facilities, lands and resources, and Project Facilities. Said rules and regulations shall be consistent with applicable Federal laws, Executive Orders, regulations, and policies currently in place or as may be adopted in the future.

(c) Nothing in this Lease Agreement limits the ability of the State to perform enforcement activities under State laws and regulations.

(d) The State may temporarily close areas to recreational use in the interest of Public Safety, resource protection, efficiency, or in response to budgetary restrictions. This provision is for temporary closures in response to immediate situations and does not include Turnbacks of recreation sites/areas. The State will immediately notify Reclamation of any temporary closures when the decision is made to close an area(s). The State will continue to manage areas that are temporarily closed to public use. All closures must be in compliance with 43 CFR 423.


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(e) The State shall coordinate with the Districts and Reclamation on any Planning, Development, Administration, Operation, Maintenance, and Replacement activities pursuant to this Lease Agreement that could affect any management, operation, and maintenance activities of the Districts or Reclamation within any of the Reservoir Areas.

(f) The State may construct, replace, add to, or alter Recreation Facilities within the Reservoir Areas upon Mutual Agreement, followed by Reclamation review and final approval. Refer to Article 18.

(g) The State shall be responsible for the full cost of any and all development, replacement, improvements, enhancements, or alterations of existing Recreation Facilities undertaken at the State’s discretion and for which Cost Sharing has not been negotiated. Reclamation shall review and approve in writing all project proposals, development or site plans, and designs prior to construction. Construction shall not commence until the proposed project and associated planning and designs have been reviewed and approved by Reclamation, National Environmental Policy Act (NEPA) review completed, and notice to proceed with project construction is granted. Reclamation and the State shall ensure that all environmental clearances and permits are secured prior to commencement of construction activities. The State shall provide copies of all permits to Reclamation. See Article 18.

(h) Reclamation agrees that, as part of its administrative responsibility under Public Law 89-72, as amended, it may enter into a development program with the State for new Recreation Facilities and the upgrade and rehabilitation or replacement of existing Recreation Facilities at the Reservoir Areas under this Lease Agreement. This development/rehabilitation program shall be a Cost Shared arrangement with Reclamation paying up to fifty (50) percent of said costs as Mutually Agreed to by both parties or as established by law.

(i) Reclamation may, in situations where operating costs exceed Revenues, provide Cost Share under one of the following three options, which will be detailed in a separate funding vehicle (e.g. Title 28 grant). Cost Share for annual operating expenses will be Mutually Agreed to by both parties for each of the Reservoir Areas as individual units.

(1) Up to fifty (50) percent of the actual recurring annual operations and maintenance expenses.

(2) Up to fifty (50) percent of the annual operations and maintenance deficit defined as annual operation and maintenance expenses minus Revenues.

(3) Up to fifty (50) percent of operations and maintenance expenses for periodic, short-term situations when Cost Sharing is determined by Reclamation to be in the best interests of Reclamation and the recreating public.


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(j) Recreation Facilities at the Reservoir Areas shall be developed pursuant to the RMPs, the PMPs, or other Reclamation-approved planning document.

(k) The parties hereto shall ensure that adequate personnel are available to accomplish the work agreed to herein, subject to funding and hiring authority.

(l) The State will actively seek volunteer and/or cooperative partnerships with individuals, groups, and other organizations to help meet their responsibilities pursuant to this Lease Agreement. For example, volunteer recruitment for campground hosts, park operations and maintenance activities, trail construction and maintenance, friend organizations, etc.

(m) Reclamation may, upon Mutual Agreement of the parties, provide technical assistance to the State. Such assistance must be agreed to in writing and may be subject to Cost Sharing as provided for in this Lease Agreement. See Article 10(i).

(n) The State shall manage, operate and maintain all Recreation Facilities in Good Repair and usable condition, as determined by a joint annual inspection by both parties. The State shall not be responsible for any costs associated with the Project Facilities.

(o) To the extent authorized by Law, the State shall take reasonable steps to protect the safety of persons and property within the Reservoir Areas. Liability for claims for injuries to persons or property arising from the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials, and employees, is controlled and limited by the provisions of the Governmental Immunity Act §24-10-101, et seq. and the risk management statutes, CRS §24-30-1501, et seq., as amended.

11. CONTINGENT ON APPROPRIATIONS OR ALLOTMENT OF FUNDS

The expenditure of any money and the performance of any work by Reclamation or the State as provided for by the terms of this Lease Agreement is made contingent on the Congress of the United States and the Colorado Legislature making the necessary appropriations or allotment of funds. The failure of the Congress of the United States or the Colorado Legislature to appropriate funds, or the absence of any allotment of funds shall not impose any liability on Reclamation or the State. If the necessary appropriations and allocations for either party to carry out this Lease Agreement are not made for either party’s Fiscal Year, the parties hereto agree to negotiate a Mutually Agreeable and temporary course of action to be followed. If the non-appropriation or non-allocation of the necessary funds on behalf of either party becomes chronic, the other party may give notice of termination of this Lease Agreement pursuant to Article 6.


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12. FEES AND REVENUES

(a) Fees shall be set in accordance with the fee schedule established for Colorado State Parks in accordance with State statutes and regulations, and the State shall have the right to collect receipts derived from recreation-related permits and contracts which it issues and administers for activities authorized under this Lease Agreement that are approved by Reclamation within each of the Reservoir Areas.

(b) The State shall maintain accounting records for each of the Reservoir Areas to satisfy the requirements of this Lease Agreement, and shall, upon request, furnish to Reclamation not later than ninety (90) days following the close of the State's Fiscal Year, a financial report of all Revenues received and expenditures made for operation and maintenance, replacements, construction, and development of Recreation Facilities. The State shall keep all financial records in accordance with generally-accepted accounting principles.

(c) The State shall account for all Revenues and expenditures. State expenditures at each of the Reservoir Areas will equal or exceed the revenue generated at each of the Reservoir Areas. Based on all of the Reservoir Areas as a unit, cumulative receipts in excess of the Planning, Development, Administration, Operation, Maintenance, and Replacement costs shall be returned to Reclamation.

13. RECLAMATION USE PARAMOUNT

(a) The rights of the State under this Lease Agreement are subordinate to the prior rights of Reclamation and the Districts, as Reclamation's operation and maintenance entity under Federal statute, to use any portion of the Reservoir Areas for the primary purposes of the projects and any associated facilities or activities pursuant to Federal Reclamation Law. Reclamation shall give written notice to the State if Reclamation determines that changes in land use for Reclamation purposes within the Reservoir Areas are necessary.

(b) Reclamation and the Districts, as Reclamation’s contractors, retain primary jurisdiction over the Primary Jurisdiction Areas (PJAs) as defined herein and shown on each of the Reservoir Areas in Exhibit A, as may be amended. Said jurisdiction is retained to provide security, proper operation, maintenance, and protection of Project Facilities including, but not limited to, the dam and appurtenant works and the area below the dams. Use of the PJAs for recreation use is generally prohibited; however, use of the PJAs for recreation purposes (e.g., special events or competitions) by the State must have specific prior written approval by Reclamation and written concurrence from the District. Reclamation shall respond within thirty (30) days of receipt of the request; such use shall not interfere with project purposes including the operation of the dams and the appurtenant works.


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(c) Consistent with 43 CFR 423, Reclamation may close any of the Reservoir Areas, or any portion thereof, including the PJAs, to public use whenever Reclamation determines such restriction is necessary for the protection and security of Reclamation facilities, employees and agents; protection of public health and safety, cultural resources, natural resources, scenic values, or scientific research activities; safe and efficient operation and maintenance of the projects; reduction or avoidance of conflicts among visitor use activities; national security; or other reasons in the public interest; or in emergency situations. In non-emergency situations Reclamation shall provide thirty (30) days advance public notice. In emergency situations where delay would result in significant and immediate risks to Public Safety, security, or other public concerns, Reclamation’s designated representative may close all or portions of Reclamation facilities, lands, or waterbodies without advance public notice. in the interest of project operation, Public Safety, national security, or in an emergency. An emergency includes, but is not limited to, potential or actual operations failure, flooding, landslides and mudslides, wildfire, earthquake, or other natural disaster. Reclamation's designated representative shall give immediate verbal notice to the State or his or her designee of any such closure. Following verbal notification to the State, Reclamation’s designated representative shall provide written notice to the State as soon as practicable after a determination for closure is made and shall include the date when the closure becomes effective. The State will enforce such closure and such enforcement will include coordination and cooperation with Reclamation and the involved District(s) and in compliance with 43 CFR 423.

(d) Reclamation, in the interest of project operation, Public Safety, national security, or in Reclamation’s best interest, may revise the boundaries of any of the PJAs at any time as it deems necessary. Reclamation's designated representative shall give written notice to the State of any such revision. In the event that the revision of boundaries reduces the PJA, thereby expanding the operational area of the State, expansion of the State jurisdiction shall be Mutually Agreed upon in writing between the signatory parties of this Lease Agreement. This notice shall be given as soon as practicable after a determination for revision is made and shall include the date when the revision becomes effective.

(e) Reclamation retains jurisdiction of all lands and land resources within the Reservoir Areas.

14. RESOURCE MANAGEMENT PLANS (RMPS) AND PARK MANAGEMENT PLANS (PMPS)

(a) The State shall, where one exists, follow a RMP approved by Reclamation for the Reservoir Areas in the Planning, Development, Administration, Operation, Maintenance, and Replacement of the Reservoir Areas pursuant to this Lease Agreement. Said RMP shall be prepared by Reclamation in cooperation with the State, Districts, and other appropriate Federal, State, and local entities. The State shall actively participate in preparation of the RMP. Parties


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acting under authority granted by Reclamation or the State shall be required to comply with the provisions of said RMPs.

(b) Reclamation shall prepare, finalize, or update RMPs for the Reservoir Areas as funds are appropriated by Congress.

(c) The RMPs provide direction consistent with authorized project purposes, authorized uses, Federal laws and regulations, to protect and enhance project lands and resources, and establish a desired future condition for the Reservoir Areas' resources to assure conformance and good stewardship. RMPs address management frameworks and partnerships, water resources, recreation and visual resources, natural and cultural resources, and land management.

(d) In Reservoir Areas without a RMP and until such time a RMP is completed by Reclamation, the State's approved Park Management Plan (PMPs) shall serve as a guidance document for administration of recreation pursuant to this Lease Agreement. Reclamation shall review and approve and actively participate in the development of the PMPs.

(e) Where there are both RMPs and PMPs in place, the RMP shall take precedence. The PMP shall be reviewed by Reclamation and if the PMP does not conflict with the RMP, project purposes, or Federal laws/regulations, etc., it may be amended and incorporated as an attachment to the RMP.

15. PUBLIC SAFETY

(a) Reclamation and the Districts disclaim responsibility for the safety of the public involved in recreational use at the Reservoir Areas.

(b) The State shall, within the limits of its authority, adopt and enforce rules and regulations for the recreational use of the Reservoir Areas which the State deems are necessary and desirable to protect the health and safety of persons using the area, for the preservation of law and order, and for the protection of the recreation resources, facilities, reservoir, lands, resources and Project Facilities. Said rules shall be consistent with applicable Federal laws, Executive Orders, regulations, and policies currently in place or as may be adopted in the future.

16. LIABILITY

Neither party shall be responsible for liability incurred as a result of the other party’s acts or omissions in connection with this Lease Agreement. Nothing herein shall be deemed to increase the State’s liability beyond the immunities and limitations of the Colorado Revised Statute Title 24 Section 10, and the risk management statutes, CRS §24-30-1501, et seq.. Nothing herein shall be deemed to increase the liability of the United States beyond the


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provisions of the Federal Tort Claims Act (28 U.S.C. § 1346(b), 2671 et seq.) or other applicable law.

17. ACCIDENT REPORTING

(a) The State shall investigate, or cooperate in the investigation with the agency having jurisdiction, all accidents involving death; serious injury; private property damage or loss in excess of $100,000 in value; damage or theft of Government property or Personal Property in which the total value is in excess of $15,000 either in aggregate for a single incident or for a single item; hazardous material spills; or other incidents of a serious nature within the Reservoir Areas such as a fire, a vehicle going off a road into the reservoir, etc. The State shall make an initial “verbal” report on the accident or incident to Reclamation’s designated representative within twenty-four (24) hours of knowledge of the incident.

(b) For any hazardous material releases, such as fuel, oil, or other type of petroleum product or chemical spills, etc., call the National Response Center (NRC) at 1-800-424-8802, then notify Reclamation’s designated representative immediately upon knowledge of the release or incident.

(c) The State shall submit to Reclamation's designated representative a written report within four (4) calendar days of the verbal notice unless other arrangements are made. This information and the contact list is found in Reclamation’s (Western Colorado Area Office) Accident and Incident Reporting SOP. The SOP will be updated as needed to reflect any changes in contact names and phone numbers, or procedures, and will be distributed to each Park Manager and CPW Region Manager.

(d) For purposes of this Article 17, a written report shall mean an e-mail or hard copy mailed report stating the facts as they are known at the time of the report. A written report does not mean the final investigation report. Copies of all reports shall be provided at the same time to the District of the Reservoir Area where the incident or accident occurred.

18. ENVIRONMENTAL COMPLIANCE

(a) The State, its contractors, subcontractors, Concessionaires, or permittees, relative to this Lease Agreement, shall be subject to the environmental requirements set forth in Exhibit B attached hereto and incorporated herein.

(b) Prior to any action pursuant to this Lease Agreement which would modify the environment, the necessary and appropriate National Environmental Policy Act (NEPA) document will be prepared. Depending upon the nature and extent of the proposed action, Reclamation, the State, or a third-party authorized entity (e.g., Concessionaire) will prepare, or


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pay to have prepared, the necessary and appropriate NEPA document. Reclamation shall be the final authority as to the adequacy of a NEPA document.

(c) The State, in cooperation with Reclamation, shall, to the extent authorized by law, implement environmental stewardship measures for the Reservoir Areas that include reduced energy consumption and greenhouse gas emissions, use of renewable energy, and reduction in potable water consumption. The State shall implement recycling and waste reduction measures, where feasible, for the Reservoir Areas and adopt best management practices for the handling of such.

(d) When the State contemplates any action involving the Federal Estate, which may include but not be limited to: building or installing new facilities (e.g., utilities such as electric, water, sewer, telephone or other communication lines or towers; facilities such as restrooms, vault toilets, fencing, trails, septic sewer systems/leach fields, irrigation lines, roads); replacing, improving, or modifying existing facilities; or enhancement of wildlife habitat or fire fuel reduction, etc., the State shall submit a written proposal to Reclamation that shall provide reasonable detail and information for Reclamation to evaluate the proposed project and complete NEPA documentation and project approval.

19. HAZARDOUS MATERIALS HANDLING

(a) The State shall take all steps reasonably necessary by adopting best management practices to protect the safety of persons and property within the Reservoir Areas from hazardous or potentially hazardous materials. Unlawful use or storage of hazardous materials shall not be permitted on the Federal Estate.

(b) The parties hereto and their respective employees, contractors, or subcontractors shall immediately report verbally to the other party's designated representative any known or suspected significant pollution of any nature to the lands, waters, or facilities within or adjacent to the Federal Estate covered by this Lease Agreement.

(c) Materials that shall not be disposed of on the Federal Estate include, but are not limited to, refuse, garbage, hazardous materials, sewage effluent outside of waste treatment facilities, industrial waste, petroleum products, mine tailings, construction or demolition debris, and pesticides. This includes misuse or use outside of approved programs. Any violation of these provisions by either party or their contractors or subcontractors shall result in grounds for termination of this Lease Agreement in accordance with termination clauses contained in Article 6 of this Lease Agreement, and/or for assessment of penalties appropriate for full and complete remediation and restoration of the Federal resources.

(d) Any contract or agreement the parties hereto may enter into with a third party pursuant to this Lease Agreement shall contain the foregoing contract provisions of Article 19(a),


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(b), and (c), and any additional specifications necessary to protect Federal resources and prevent the pollution of the Federal Estate, waters, and facilities within and adjacent to the Reservoir Areas.

20. DEBRIS AND WASTE REMOVAL

The State shall, to the greatest extent practicable and as soon as possible:

(a) Dispose of, or adequately notify the public of, floating debris in the Reservoir Areas. If unable to remove the floating debris in a safe and timely manner the State shall notify the public of floating debris or submerged sandbars or other potentially dangerous obstacles and mark them, where deemed necessary, with a buoy or float to warn boaters and others involved in water activities of the floating debris or submerged obstacles in order to maintain the reservoirs in a safe condition suitable for boating and public recreational use. Each Reservoir Area shall be signed at the launch ramps that there are unmarked hazards to alert the boating public of potential hazards.

(b) Remove dangerous, diseased, or otherwise unsafe trees or branches that may pose a hazard or safety problem to park visitors, Personal Property, employees, facilities or structures, etc., and remove trees that are damaging roads, concrete walkways, or parking areas, etc., within the developed recreation areas as necessary to maintain the areas in a safe condition suitable for public recreational use.

(c) Provide litter control and trash removal in all areas where public recreation use is permitted. The State shall properly dispose of all waste, discarded or abandoned items, and debris generated by its activities at the Reservoir Areas, except in those areas controlled by Reclamation or the Districts. Said waste, debris, etc., shall be disposed of in properly permitted disposal facilities outside of the Reservoir Areas, unless otherwise Mutually Agreed to by the parties hereto.

(d) The State shall not burn debris of any kind without prior approval from Reclamation and acquiring the necessary burn permits. If burning is approved, the State will have onsite at the burn location, the necessary fire equipment appropriate to extinguish a fire that may escape the burn site or be caused by drifting fire brands, sparks, etc., and extinguish the remaining embers when the fire is out. Burning will not be allowed during fire bans or windy conditions. The preferred method to dispose of trees, tree limbs, slash, and brush, etc., will be by chipping and using the chipped materials as mulch for park landscaping, site restoration and reseeding projects, or for other uses at the park where mulch can be beneficial to help retain soil moisture for vegetation and trees, or reduce soil erosion from wind and rain, etc. Excess mulch or chippings may be sold or donated to the public or hauled away and disposed of appropriately.


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21. VARIATION IN WATER LEVEL

Reclamation manages reservoir levels for multiple legal, contractual, international, practical, and Public Safety considerations. Reclamation makes no guarantees to the State with regard to water levels at any of the Reservoir Areas.

(a) Variation in water level due to emergency, such as potential failure of a storage feature or rapid increase due to extreme weather, will be communicated by Reclamation's designated representative to the appropriate park superintendent or manager immediately.

(b) The State will monitor conditions through publicly available data reported by Reclamation at each Reservoir Area so as to adjust parks operations, including Public Safety boundaries, as appropriate.

22. NATURAL AND CULTURAL RESOURCE CONSERVATION AND PROTECTION

(a) The State shall, in cooperation with Reclamation and the Districts, take all reasonable measures necessary to minimize siltation and erosion; protect land and water resources; prevent and suppress fires (including fire fuel reduction, tree and brush thinning, and develop defensible zones around Recreation Facilities and buildings, etc.); participate in the preparation of a wildland fire management plan(s); protect against the introduction and spread of aquatic nuisance species (ANS), especially quagga and zebra mussels, aquatic plants, noxious weeds and other pests that are detrimental to the Reservoir Areas, water storage and delivery systems, lands, resources, environment, natural values, agriculture, or public health and safety within each Reservoir Area; and will cooperate in soil and water conservation, cultural resource protection, and fish and wildlife enhancement practices as funding is available. Reclamation review, NEPA documentation, and approval may be needed.

(b) The State shall continue to educate the public about ANS (i.e., zebra and quagga mussels and aquatic plants) and will maintain an inspection and decontamination program and process prior to allowing boats with motors, sail boats, personal watercraft, or other trailered boats and watercraft, boat trailers, boating equipment, and other types of vessels and watercraft that may be deemed a possible risk for transporting ANS, to launch into the reservoirs. Inspection will be mandatory before launching. The State will also inspect other means of transporting ANS that may include but not be limited to, vehicles, construction equipment, firefighting equipment, aircraft used for firefighting that take water from the Reservoir Areas, etc. If any boat, watercraft or vessel, vehicle, equipment, or aircraft are found to be contaminated with ANS, the boat, watercraft or vessel, vehicle, equipment, or aircraft shall not be allowed to launch, land on the Reservoir Areas, or draw water from the Reservoir Areas. Equipment shall include, but not be limited to, water pumps, helicopter buckets, hoses, etc. Any boats, vessels or other watercraft, vehicles, equipment, etc., that have been inspected and found


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to be infected with ANS shall be cleaned and decontaminated before being allowed to launch or use the Reservoir Areas, or draw water from the Reservoir Areas, or enter the Reservoir Areas. The costs of ANS inspection and decontamination are allowable Cost Share expenditures. Boat launching for trailered boats and other trailered watercraft shall occur at designated boat ramp sites. Launching trailered watercraft will be prohibited at all other sites. Hand carried water craft may be launched according to the State’s regulations and ANS risk factors.

(c) Sea and float planes are prohibited to land on any of the Reservoir Areas covered by this Lease Agreement.

23. CONSUMPTIVE USE OF WATER BY STATE

(a) The State may, subject to Colorado water law and water availability, use water from reservoir supplies that has been retained or acquired for the operation of the on-land Recreation Facilities within the Reservoir Areas.

(b) Domestic Water Supply. Reclamation shall not be responsible or liable for its failure to provide water under this Lease Agreement.

(c) When the State, a Concessionaire, or other third party furnishes water to the public within a Reservoir Area, it shall furnish only suitably treated, wholesome and sanitary water that meets appropriate Federal, State, and local health standards. Reclamation does not warrant the quality of the available water supplies as to its suitability either for domestic purposes or for human consumption, or for park irrigation purposes.

(d) The parties hereto may pursue acquisition of water, water wells, potable water supplies piped in from commercial sources, or water rights for consumptive use for recreation purposes within the Reservoir Areas. Such consumptive recreational uses may include, for example, potable/domestic water systems, water for operation of restrooms, showers, firefighting, campgrounds, ANS decontamination stations, riding stables, irrigation, and other recreation-related purposes. Said water, water wells, water supplies, or water rights, except for commercial water sources, shall be obtained in the name of Reclamation and shall be retained for use at the specific Reservoir Areas for which it was obtained. Water rights owned by the State may remain in State ownership.

(e) The costs associated with implementation of this Article 23 will be an operational expense pursuant to this Lease Agreement with mutual consent.

(f) Ridgway Reservoir: The State may divert water, subject to Colorado water law and water availability, from Ridgway Reservoir supplies without cost, as necessary for the operation of the on-land Recreation Facilities within the Reservoir Area covered by this Lease Agreement. Such use shall not exceed one hundred (100) acre feet each year, which has been


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reserved for recreation purposes as a part of the Reclamation Project water supply. Reports of the total water used each year shall be furnished to Reclamation on or before the following February 1.

24. MANAGEMENT BY THE STATE OF PERSONAL PROPERTY

During the performance of this Lease Agreement, Reclamation and the State agree that title to, and disposition of, Personal Property will be in accordance with the PROPERTY STANDARDS section of Title 2, Code of Federal Regulations (specifically 2 CFR 200.310, 200.312, 200.313. 200.314 and 200.316; see Exhibit H.)

25. THIRD PARTY CONTRACTS

(a) The State may enter into Third Party Contracts without prior review and written approval of Reclamation, unless such Third Party Contracts potentially involve or affect:

(1) ground disturbance that exceeds the normal disturbance experienced through park operations and recreational activities;

(2) cultural resources or have environmental impact;

(3) operation or maintenance of the dam or other project works;

(4) new and modified Concession contracts in excess of a year;

(5) the PJA;

(6) manned or unmanned aerial flyovers; or

(7) authorized land uses outside of normal recreation activities, including, but not limited to, military overflights and on-land training exercises, roads and utilities rights-of-way, timber harvesting, minerals development, minerals processing, and resources management within the Reservoir Areas.

(b) Third Party Contracts that require review and approval by Reclamation per the criteria in Article 25(a) above shall include a signature block for Reclamation's approval.

(c) Third Party Contracts for commercial filming and photography that meet the criteria in Article 25(a) above must be submitted to Reclamation for review prior to issuance with as much advance notice as possible. Reclamation will work with its public affairs, environmental, and operations staff to ensure Reclamation's interests and facilities are protected. Reclamation reserves the right to:

(1) deny a commercial filming and photography permit in its entirety;


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(2) change the location and/or the day(s) the activity can take place;

(3) incorporate environmental protection, remediation, and restoration stipulations into the Third Party Contract.

(d) Reclamation reserves the right and responsibility for the issuance of Use Authorizations for all other land uses, including, but not limited to, military overflights and on-land training exercises, roads and utilities rights of way, timber harvesting, minerals development, minerals processing, and resources management within the Reservoir Areas. Reclamation shall, prior to approval, provide the State a copy of any Use Authorization application for review and comment by the State. The State shall review any such application and make written comment to Reclamation's designated representative within fifteen (15) calendar days from receipt. Reclamation's designated representative shall consider the written comments of the State during the approval process. Comments received shall, if applicable, be incorporated. Use Authorizations shall contain reasonable measures to protect Recreation Facilities and reclaim or repair damages that may occur to such.

(e) The term of Third Party Contracts varies depending upon the services being procured, but are generally between one (1) and twenty (20) years. The term of any such Third Party Contracts will not be permanent or for an indefinite period, provide for an automatic right of renewal, or exceed the term of this Lease Agreement.

(f) Third Party Contracts must include language providing that they are revocable at the discretion of Reclamation.

(g) Third Party Contracts shall not convey ownership or other interest in the Federal real property.

(h) All Revenues collected from such Third Party Contracts shall be handled in compliance with all statutory, regulatory, and policy requirements. Copies of Third Party Contracts issued by the State shall be provided to Reclamation's designated representative.

(i) Third Party Contracts shall include language providing that in the event of the termination of this Lease Agreement, Reclamation will not stand in place of the State.

(j) In the event of the termination of this Lease Agreement, and at Reclamation’s discretion, a new contract may be issued to the existing contractor that is compliant with Reclamation Manual Directives and Standards.

(k) New, renewed, or modified Third Party Contracts shall include clauses that prohibit new Exclusive Use and require existing Exclusive Use, if any, be phased out in accordance with an established timetable. If a Third Party Contract expires or is terminated, the State shall require that all existing Exclusive Use (if any) be removed from the Federal Estate.


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(l) All Third Party Contracts issued by the State that meet any of the criteria in Article 25(a) above shall be submitted to Reclamation's designated representative for review and approval prior to execution. The proposed action shall provide reasonable detail and enough information for Reclamation to evaluate the proposal and provide the basis for environmental compliance. Reclamation may require additional stipulations be included in the Third Party Contract to protect the Federal Estate and Project Facilities. Reclamation's designated representative shall, within fifteen (15) calendar days of receipt (unless extended by Mutual Agreement), review and either approve or disapprove the contract, in writing. Should Reclamation fail to respond within the fifteen (15) day review period, (unless extended by Mutual Agreement), the Third Party Contract shall be deemed approved by Reclamation. All Third Party Contracts are subject to applicable Federal laws and regulations, Executive Orders, Reclamation policy, Reclamation Manual, and applicable terms of this Lease Agreement.

26. LIABILITY OF CONTRACTORS, CONCESSIONAIRES, AND PERMITTEES

(a) All Third Party Contracts issued by the State with non-governmental entities for activities within the Reservoir Areas pursuant to this Lease Agreement shall contain a provision that requires the contractor, Concessionaire, or permittee to indemnify and hold harmless the State, Reclamation, the Districts, and their respective employees, contractors, and subcontractors, from liability for causes or actions resulting from negligence on the part of the contractor, Concessionaire, or permittee or their respective employees, contractors, or subcontractors. The following clause must be included in all Third Party Contracts between the State and non-governmental entities:

HOLD HARMLESS: The (Licensee, Contractor, Permittee, Concessionaire) hereby agrees to indemnify and hold the State, the United States, the District, and their agents, employees, and assigns, harmless from any and all claims whatsoever for personal injuries or damages to property when such injuries or damages directly or indirectly arise out of the existence, construction, maintenance, repair, condition, use or presence of the (License, Contract, Permit) upon lands of the United States, regardless of the cause of said injuries or damages; provided, however, that nothing in this (License, Contract, Permit) shall be construed as releasing the State, the United States, or the District from responsibility for its own negligence. Nothing herein shall be deemed to increase the liability of the United States beyond the provisions of the Federal Tort Claims Act, Act of June 25, 1948, 62 Stat. 989 (28 U.S.C. § 1346(b), 2671 et seq.) or other applicable law.

(b) The following clause must be included in all Third Party Contracts between the State and other governmental entities:


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Waiver of Claims: The (third party contractor) and the Colorado Department of Natural Resources and the United States do not have the authority to indemnify or hold harmless the other party from all claims, liabilities, losses, damages, charges, etc. The (third party contractor) shall be responsible for errors, omission, and negligence of its employees to the extent provided under (the Colorado Revised Statute Title 24 Section 10 if another Colorado Department of Natural Resources organization) (the Federal Tort Claims Act, Act of June 25, 1948, 62 Stat. 989 (28 U.S.C. § 1346(b), 2671 et seq. if a Federal agency) (other applicable law if a non-Colorado state). The Colorado Department of Natural Resources shall be responsible for errors, omission, and negligence of its employees to the extent provided under the Colorado Revised Statute Title 24 Section 10. Nothing herein shall be deemed to increase the liability of the United States beyond the provisions of the Federal Tort Claims Act, Act of June 25, 1948, 62 Stat. 989 (28 U.S.C. § 1346(b), 2671 et seq.) or other applicable law or the Department of Natural Resources beyond the Colorado Revised Statute Title 24 Section 10. As to the contract, third party claims that may arise under the performance of this Agreement shall be determined solely under the (Federal Tort Claims Act if a Federal agency) (Colorado Revised Statute Title 24 Section 10, if a Colorado State agency or local public body) (other applicable law if non-Colorado state or Federal governmental entity).

27. TRESPASS

The State shall, in cooperation with Reclamation and the Districts, take all reasonable measures necessary to identify, investigate, and resolve incidents of unauthorized land use, possession, occupancy, resource extraction, or unauthorized encroachment within the Reservoir Areas. Such incidents are considered to be acts of Trespass when such acts involve either the Reservoir Area or Recreation Facilities. This, subject to availability of funds, includes any legal actions necessary to prevent or prosecute such unauthorized use. Pursuant to this Lease Agreement, the State has the right to use its own law enforcement authority and may bring action in the State's name in order to protect each party's interests and carry out their responsibilities in connection therewith. Resolution of unauthorized encroachments, including boundary disputes, shall be the responsibility of Reclamation. The State shall notify Reclamation's designated representative of unauthorized encroachments, including boundary disputes, within thirty (30) calendar days of discovery.


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28. RESERVATIONS

The State is subject to the following conditions and reservations in the Planning, Development, Administration, Operation, Maintenance, and Replacement of the Reservoir Areas:

(a) Existing land uses, rights, or interests within each of the Reservoir Areas and lawfully held by Reclamation or persons or entities not party to this Lease Agreement.

(b) The right of Reclamation and the Districts, their employees, contractors and subcontractors, lessees, or permittees to enter upon the Reservoir Areas on official business without charge for the purposes of enforcing, protecting, and exercising the rights of Reclamation and the Districts, and also to protect the rights of those not party to this Lease Agreement.

(c) The right of Reclamation and the Districts, their employees, contractors, subcontractors, lessees, or permittees to remove from the Reservoir Areas any and all materials necessary for the construction, operation, and maintenance of project works and facilities. All such removal activities shall not encroach on developed sites without Mutual Agreement of the parties hereto.

(d) The right of Reclamation or its contractors, subcontractors, permittees, or lessees to prospect for, extract, and carry on the management of oil, gas, coal, and other minerals, and the right to issue Leases or permits to prospect for oil, gas, or other minerals on said lands under the Act of February 25, 1920 (41 Stat. 437), and amendatory acts; the Act of August 4, 1939 (53 Stat. 1187), as amended; and the Act of August 7, 1947 (61 Stat. 913), to the extent such activity does not materially conflict with the purposes of the Lease Agreement.

(e) Except for those minerals and conditions meeting the provisions of section 10 of the Reclamation Projects Act of 1939 (43 U.S.C. 387) (e.g. sand, gravel, clay), leases for mineral and geothermal resources on all land acquired or withdrawn by Reclamation will be issued by the Bureau of Land Management (BLM). Any persons or companies approaching the State for mineral and geothermal leases on the Reservoir Areas should be directed to file their applications with the BLM Colorado State office. BLM will, in all issues involving mineral and geothermal leases on or under Reclamation lands, request that Reclamation determine whether leasing is permissible and, if so, to provide any stipulations required to protect the interest of the United States. Reclamation will, in turn, request the State to review any such application and provide appropriate stipulations to protect the State’s interests within the Reservoir Areas. Reclamation and BLM will follow the procedure outlined in the March 25, 1983, Interagency Agreement between Reclamation and BLM for permitting (or not) mineral and geothermal resources.


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(g) Except in emergency situations as described in Article 13(c) of this Lease Agreement, Reclamation's designated representative shall give written notice to the State's designated representative thirty (30) calendar days prior to the exercise of the above rights.

29. REVIEW OF PLANNING, DEVELOPMENT, ADMINISTRATION, OPERATION, MAINTENANCE, AND REPLACEMENT

The parties hereto shall meet annually at a time Mutually Agreed to, in order to review and inspect the Planning, Development, Administration, Operation, Maintenance, and Replacement at each of the Reservoir Areas, including Concession facilities. The purposes of this review and inspection are to ensure that Planning, Development, Administration, Operation, Maintenance, and Replacement are adequate; to identify and correct deficiencies and problems; and to ensure the administration of each of the Reservoir Areas is in accordance with the intended purposes. Said reviews shall include, but are not necessarily limited to, monitoring items in the RMPs and PMPs, health and safety, appropriate use of the Federal Estate, land interests and resources, and inspections of facilities and operations, including third party or commercial Concessions or permits and basic service contracts, within the Reservoir Areas. Deficiencies and problems within the Reservoir Areas shall be corrected in a timely manner to keep facilities in Good Repair and ensure protection of these resources. Conclusions and recommendations based upon such reviews and inspections by the parties hereto shall provide direction for, and possible modification of, the Planning, Development, Administration, Operation, Maintenance, and Replacement responsibilities pursuant to this Lease Agreement.

30. EXAMINATION OF RECORDS

(a) The State agrees that Reclamation shall have access and the right to examine any pertinent books, documents, papers, and records of the State or third party entities involving transactions related to this Lease Agreement.

(b) Reclamation's designated representative may at any time request an independent audit of the State's financial activities for the Reservoir Areas. Such independent audit shall be performed at the cost of Reclamation. The responsible party shall correct any discrepancies found during such audits at its own cost.

(c) Reclamation's designated representative may at any time request an independent audit or examination of records of third party commercial Concessions or other service contracts for the Reservoir Areas. Such independent audit or examination of records shall be performed at the cost of Reclamation. The responsible party shall correct any discrepancies found during such audits at its own cost.


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31. RECREATION USE DATA REPORT

Each State Fiscal Year, the State shall furnish to Reclamation's designated representative an annual summary of the recreation-related use of resources at the Reservoir Areas for the previous State Fiscal Year.

32. MISCELLANEOUS PROVISIONS

(a) The State, its Contractors, subcontractors, Concessionaires, or Permittees, relative to this Lease Agreement, shall be subject to the equal opportunity requirements set forth in Exhibit C and Title IV of the Civil Rights Act of 1964 set forth in Exhibit D and nondiscrimination on the basis of disability set forth in Exhibit E, all attached hereto and incorporated herein.

(b) Where variations exist in laws, orders, regulations, rules, policies, and instructions, the most stringent shall be the required standard.

(c) The State shall comply with all State and Federal laws and regulations or rules pertaining to the activities contemplated herein, without regard to the specific identification herein of such laws and regulations or rules.

(d) Reclamation, at the request of the State, shall provide information on property boundaries, easements, and rights-of-way on lands administered by the State.

(e) The parties hereto understand and agree that the various terms and conditions within this Lease Agreement apply to the Lease Agreement as a whole to reduce redundancy, and, except as the context of this Lease Agreement may require, are not to be narrowly defined within the specific article under which a given term or condition is located.

(f) Each party hereto shall provide to the other party any additional reports or information which may be reasonably requested.

(g) All work done by the State, its employees, Contractors, or subcontractors relative to this Lease Agreement within the Reservoir Areas, and all contracts, Concessions, and permits issued by the State, its employees, Contractors, or subcontractors relative to this Lease Agreement shall be subject to the provisions of the attached exhibits.

(h) During the course of any business that falls under the purview of this Lease Agreement, it is agreed that each party may provide transportation to the other party for the purposes of carrying out such business.


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33. DESIGNATED REPRESENTATIVES

The parties hereto agree that the designated representatives for administration of this Lease Agreement are as follows, or as may be further delegated in writing by the following:

Reclamation – Area Manager, Western Colorado Area Office, Bureau of Reclamation, Grand Junction, Colorado

State – Northwest Regional Manager (Vega and Rifle Gap Reservoirs), and Southwest Regional Manager (Crawford, Jackson Gulch [Mancos], Paonia, Ridgway, and Navajo), Colorado Parks and Wildlife, Grand Junction and Durango, Colorado.

34. NOTICES

(a) Any written notice, demand, or request, as required or authorized by this Lease Agreement, shall be properly given if delivered by hand, by e-mail, or by U.S. Postal Service postage prepaid, to the other party as herein listed:

(b) Both parties hereto are responsible for notifying all affected parties of any subsequent change of address, organizational changes, responsibility adjustments, and other related changes as they take place.

35. OFFICIALS OR EMPLOYEES NOT TO BENEFIT

No member of or delegate to Congress or Resident Commissioner, and no officer, contractor, subcontractor, or employee of the Executive, Legislative, or Judicial Branch of the Federal government, or official or employee of the State shall be admitted to any share or part of this Lease Agreement or to any benefit that may arise herefrom.

IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement as of the first date written above.

Reclamation: State: State: Area Manager Northwest Regional Manager Southwest Regional Manager Bureau of Reclamation Colorado Parks and Wildlife Colorado Parks and Wildlife Western Colorado Area Office 711 Independent Avenue 415 Turner Drive 445 W. Gunnison, Ave., Ste 221 Grand Junction, CO 81505 Durango, CO 81303 Grand Junction, CO 81501 Telephone: 970-255-6100 Telephone: 970-375-6710 Telephone: 970-248-0600


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36. SIGNATORIES

STATE OF COLORADO THE UNITED STATES OF AMERICA Department of the Interior By _______________________________ By __________________________________ Cabinet Secretary or Designee Regional Director Department of Natural Resources Upper Colorado Region Bureau of Reclamation Reviewed for Legal Sufficiency U.S. Department of the Interior Office of the Regional Solicitor By__________________________________ Regional Solicitor Salt Lake City, UT


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EXHIBIT A

CRAWFORD, JACKSON GULCH (MANCOS), PAONIA, RIDGWAY, RIFLE GAP, VEGA, AND NAVAJO RESERVOIRS AREA MAPS


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Reclamation Contract No. 20-LM-40-506730 CPW Contract No. ____________________

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5


6


7


8


9


10


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EXHIBIT B

ENVIRONMENTAL REQUIREMENTS 1. After the Recreation Facilities are constructed and transferred to the State, the State

shall make a reasonable effort to operate, maintain, and manage all structures and facilities on the premises to minimize environmental consequences. Consideration shall be given to alleviating potential harmful effects on landscape, soils, water, wildlife, cultural resources, timber, population, or other resources. Prior to any action which would modify the environment beyond those currently covered by existing National Environmental Policy Act documents, the State shall submit any necessary environmental reports as directed by Reclamation. No such modifications of the environment shall be undertaken without prior written approval of Reclamation.

2. The State shall correct any pollution of soil, air, or water, and deterioration of all resources resulting from exercise of the privileges granted herein in accordance with rules, regulations, and directives of the Secretary of the Interior and Reclamation, and in compliance with all Federal laws and regulations. Increased cost shall not justify noncompliance with environmental quality controls required by Reclamation.

3. The State shall comply fully with all applicable Federal laws, orders, regulations, Executive Orders, and the laws of the State of Colorado concerning the pollution of streams, reservoirs, ground water, or water courses.

4. The State shall comply with all provisions of Federal and State pesticide laws and amendments. Further, in the use of all pesticides on lands owned by Reclamation, the State shall follow the provisions of the Pesticide Discharge Management Plan provided by Reclamation.

5. In accordance with the National Historic Preservation Act of 1966, Executive Order 11593, and Public Law 93-921, cultural resources shall be given full consideration in any proposed actions initiated by the State beyond those approved in existing plans and documents. Adverse effects to archeological, historical, and paleontological sites shall be adequately mitigated or avoided prior to any development. If, during construction or development, cultural resources are exposed, the site and surrounding area shall be left undisturbed. The Department of Cultural Affairs, State Historical Preservation and Reclamation, specifically the Albuquerque Area Office or Western Colorado Area Office archaeologist, shall be notified immediately. The cost of any recovery work, if necessary, shall be negotiated between the State and Reclamation. The State shall provide Reclamation with copies of any cultural resource reports concerning identified sites. No surface disturbing operations can proceed until the requirements of this article have been met. This provision shall be included in all construction contracts.

6. The Endangered Species Act of 1973 shall be given full consideration in all activities.

7. The State and Reclamation, where the laws place responsibility on the Federal agency, shall ensure that recognized standards and proper uses are achieved on the lands covered


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by this Lease Agreement. Land use planning and administration of the Federal Estate shall conform to all applicable Federal laws, regulations, Executive Orders, and the Reclamation Manual. Following is a list of some of the more important of these:

• Executive Order 11990, as amended by Executive Order 12608, Protection of Wetlands.

• Executive Order 11988, as amended by Executive Order 12148, Floodplain Management.

• Safe Drinking Water Act of 1974 (Public Law 93-523, U.S.C. 300, 88 Stat.1660).

• Federal Land Policy and Management Act of 1976 (Public Law 94-579, 43 U.S.C.1701).

• Executive Orders 11644, as amended by Executive Orders 11989 and 12608 for Off-Road Use.

• National Trails System Act (Public Law 95-43, 16 U.S.C. 1241 et seq.).

• Fish and Wildlife Coordination Act (Public Law 85-624, 16 U.S.C., 661, 662).

• Antiquities Act of 1906 (34 Stat. 225, 16 U.S.C. 431).

• National Historic Preservation Act of 1966 (NHPA) (Public Law 89-665, 80 Stat. 915, 16 U.S.C. 470) as amended by Public Laws 91-243, 93-54, 94-422, 94-458, and 96-515.

• Archaeological Resources Protection Act of 1979 (Public Law 95-95, 93 Stat. 721).

• National Environmental Policy Act (Public Law 91-190, 83 Stat. 852).

• Endangered Species Act (Public Law 93-205, 16 U.S.C. 1531 et seq.).

• Executive Order 12088, as amended by Executive Orders 12580 and 13148, Federal Compliance with Pollution Control Standards.

• The Clean Air Act (Public Law 88-206, as amended, 42 U.S.C., 7401 et seq.).

• Clean Water Act of 1978 (Public Law 95-217, 33 U.S.C., 1288 et seq.), as amended.

• Resource Conservation and Recovery Act (RCRA) (Public Law 94-580).

• Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA or Superfund) Public Law 96-510.

• 43 Code of Federal Regulations Part 420 (Off-road Vehicle Use on Bureau of Reclamation Lands).

• 36 Code of Federal Regulations Part 800, Protection of Historical and Cultural Properties.


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• Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), as amended (7 U.S.C. P.L. 100-460, 100-464, to 100-526 and 100-532).

• Native American Graves Protection and Repatriation Act of 1990 (25 U.S.C. 3001)

• Executive Order 13423, Strengthening Federal Environmental, Energy, and Transportation Management

• Executive Order 13514, Federal Leadership in Environmental, Energy and Economic Performance

• Reciprocal Fire Protection Act of 1955 (ch. 105, 69 Stat. 66; 42 U.S.C. §§ 1856-1856d)

• Federal Fire Prevention and Control Act of October 29, 1974 (Pub. L. 93-498; 88 Stat. 1535; 15 U.S.C. § 2201, et seq.)

• Temporary Emergency Wildfire Suppression Act of 1988 (Pub. L. 100-428; 102 Stat. 1615), as amended by the Wildfire Suppression Assistance Act of April 7, 1989 (Pub. L. 101-11; 103 Stat. 15; 42 U.S.C. §§ 1856m–1856p)

• Departmental Manual (DM), Wildland Fire Management, General Policy and Procedures (620 DM 1)


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EXHIBIT C

EQUAL OPPORTUNITY REQUIREMENTS During the performance of this contract, the State agrees as follows:

1. The State shall not discriminate against any employee or applicant for employment because of race, color, age, religion, sex, or national origin. The State shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, age, religion, sex, national origin, sexual orientation, or gender identity. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The State agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Reclamation setting forth the provisions of this Equal Opportunity clause.

2. The State shall, in all solicitations or advertisements for employees placed by or on behalf of the State, affirm that all qualified applicants shall receive consideration for employment without regard to race, color, age, religion, sex, national origin, sexual orientation, or gender identity.

3. The State shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by Reclamation, advising the labor union or workers representative of the State's commitments under this Equal Opportunity clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The State shall comply with all provisions of Executive Order No. 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor.

5. The State shall furnish all information and reports required by said amended Executive Order and by the rules, regulations, and orders of the Secretary of Labor, or pursuant, thereto, and shall permit access to its books, records, and accounts by Reclamation and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

6. In the event of the State's noncompliance with the equal opportunity clause of this Lease Agreement or with any of the said rules, regulations, or orders, this Lease Agreement may be canceled, terminated, or suspended, in whole or in part, by Reclamation, and the State may be declared ineligible for further Government contracts in accordance with procedures authorized in said amended Executive Order, and such other sanctions may be imposed and remedies invoked as provided in said Executive Order, or by rules, regulations, or order of the Secretary of Labor, or as otherwise provided by law.


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7. The State shall include the provisions of paragraphs 1. through 7. in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of said amended Executive Order, so that such provisions shall be binding upon each subcontractor or vendor. The State shall take such action with respect to any subcontract or purchase order Reclamation may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event the State becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by Reclamation, the State may request Reclamation to enter into such litigation to protect the interests of Reclamation.

CERTIFICATION OF NONSEGREGATED FACILITIES

The term segregated facilities means: any waiting rooms, work areas, restrooms and washrooms, restaurants or eating areas, time clocks, locker rooms, storage areas, dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, national origin, sexual orientation, or gender identity because of habit, local custom, or otherwise. The State certifies that it does not maintain or provide for its employees segregated facilities. The State agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this Lease Agreement. The State agrees that (except where it has obtained identical certification from proposed subcontractors for specific time periods) it shall obtain identical certification from proposed subcontractors prior to the award of subcontractors exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that it shall retain such certification in its files.

NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.


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EXHIBIT D

TITLE VI, CIVIL RIGHTS ACT OF 1964 1. The State agrees that it shall comply with Title VI of the Civil Rights Act of July 2,

1964 (78 Stat. 241), and all requirements imposed by or pursuant to that title, to the end that, in accordance with Title VI of that Act and the Regulation, no person in the United States shall, on the grounds of race, color, sex, national origin, sexual orientation, or gender identity be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the State receives financial assistance from Reclamation and hereby gives assurance that it shall immediately take any measures to effectuate this Lease Agreement.

2. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the State by Reclamation, this assurance obligates the State. This also includes the transfer of property or structures used for a purpose involving the provision of similar service or benefits. If any personal property is so provided, this assurance obligates the State for the period during which it retains ownership or possession of the property. In all other cases, this assurance obligates the State for the period during which the Federal financial assistance is extended to it by Reclamation.

3. This assurance is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts, or other Federal financial assistance extended after the date hereof to the State by Reclamation, including installment payments after such date on account of arrangements for Federal financial assistance which were approved before such date. The State recognizes and agrees that such Federal financial assistance shall be extended in reliance on the representations and agreements made in this assurance, and that Reclamation shall reserve the right to seek judicial enforcement of this assurance. This assurance is binding on the State, its successors, transferees, and contractors.


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EXHIBIT E

NONDISCRIMINATION ON THE BASIS OF DISABILITY 1. In addition to the State’s responsibility under the Americans with Disabilities Act of

1991, as amended, there are responsibilities under both the Architectural Barriers Act and Section 504 of the Rehabilitation Act of 1973, as amended.

2. The Architectural Barriers Act (42 USC 4151 et seq; 86 Stat. 718) requires that all new buildings and facilities built or Leased with Federal Funds, in full or in part, be compliant with the architectural design standards in place at the time they are constructed. All modified and altered buildings and facilities are to be brought up to accessibility design standards in place at the time they are modified or altered.

3. The State shall ensure that facilities built by it or for it on the Federal Estate, regardless of whether Federal Funds or Federal employees are involved meet the requirements of the Architectural Barriers Act, as amended, its implementing regulations, and accessibility design standards.

4. Specific requirements are set forth in the Architectural Barriers Act Accessibility Standards found at ABA Chapter F1 (Application & Administration); ABA Chapter F2 (Scoping Requirements); and Chapters 3-10 (Technical Requirements). This design standard shall be used by the State to ensure compliance with the mandate of the Act. Finished facilities must meet the requirements set forth in ABAAS. Should the finished facilities fail to comply, it shall be the responsibility of both parties to this Lease Agreement to make any adjustments necessary to bring the deficient elements into compliance.

5. Under the provisions of Section 504 of the Rehabilitation Act, as amended, and U.S. Department of the Interior implementing regulations found at 43 Code of Federal Regulations (CFR) Part 17, all programs, activities, and services (including those of financially assisted entities) when viewed in their entirety, must be accessible to, and usable by, persons with disabilities. Program accessibility considers the experience provided by that program in two parts:

(a) Policies and practices set forth for the program shall not exclude or discriminate against individuals with disabilities from benefitting from the program.

(b) The program shall be provided at an accessible location per accessibility design standards or per alternate methods as described in 43 CFR Part 17.217.

6. Compliance of Program in New or Altered Buildings and Facilities. Programs must be offered in a building or facility that meets or exceeds the minimum requirements for scoping and technical requirements for new construction, alteration, or addition per accessibility design standards.


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7. Compliance of Program in Existing Unaltered Buildings and Facilities. Programs provided at an existing unaltered building or facility must meet or exceed the minimum requirements and methods set forth by 43 CFR Part 17.217.

8. Finally, a notice of nondiscrimination shall be posted in all prominent locations throughout public and employee areas to ensure visitors and employees are aware of their rights (see example below).


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EXHIBIT F

MAJOR APPLICABLE RECLAMATION LAWS, REGULATIONS, DIRECTIVES AND STANDARDS, AND POLICIES GOVERNING

RECREATION PROGRAM ADMINISTRATION

Public Laws

Public Law 89-72, as amended – Federal Water Project Recreation Act

Public Law 87-483 – Navajo and San Juan-Chama Projects

Public Law 107-69 – Law Enforcement Authority at Bureau of Reclamation of 2001

Code of Federal Regulations (2018 Edition)

2 CFR 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards

43 CFR Part 7 – Protection of Archaeological Resources

43 CFR Part 8 – Joint Policies of the Departments of the Interior and of the Army Relative to Reservoir Project Lands

43 CFR Part 10 – Native American Graves Protection and Repatriation Regulations

43 CFR Part 17 – Nondiscrimination in Federally Assisted Programs of the Department of the Interior

43 CFR Part 21 – Occupancy of Cabin Sites on Public Conservation and Recreation Areas

43 CFR Part 420 – Off Road Vehicle Use

43 CFR Part 422 – Law Enforcement Authority at Bureau of Reclamation Projects

43 CFR Part 423 – Public Conduct on Bureau of Reclamation Facilities, Lands, and Waterbodies

43 CFR Part 429 – Use of Bureau of Reclamation Land, Facilities, and Waterbodies

Reclamation Manual Policies

LND P01 – Cultural Resources Management

LND P02 – Concessions Management

LND P04 – Recreation Management

LND P13 – Visitor Centers

LND P14 – Wildland Fire Management

https://www.law.cornell.edu/uscode/text/16/chapter-1/subchapter-LXIX/part-E

https://www.govinfo.gov/app/details/STATUTE-76/STATUTE-76-Pg96

https://www.govinfo.gov/app/details/PLAW-107publ69/

https://www.govinfo.gov/content/pkg/CFR-2018-title2-vol1/pdf/CFR-2018-title2-vol1-part200.pdf

https://www.govinfo.gov/content/pkg/CFR-2018-title43-vol1/xml/CFR-2018-title43-vol1-part7.xml









http://www.usbr.gov/recman/lnd/lnd-p01.pdf






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SLE P01 – Security Program

Reclamation Manual Directives and Standards

ACM 01-01 – Requirements for Award and Administration of Financial Assistance Agreements (Grants and Cooperative Agreements)

ENV 02-07 – Management of Shooting Ranges on Reclamation Lands

ENV 06-01 – Non-Agricultural Discharges into Bureau of Reclamation Facilities – Requirements and Procedures for Obtaining Authorization from Reclamation

ENV 06-01, Appendix A – Applicability Flowchart

ENV 02-08 – Environmental Compliance Audit Program

ENV 05-01 – Environmental Management System Implementation

LND 01-01 – Implementing Cost Sharing Authorities for Recreation and Fish and Wildlife Enhancement Facilities

LND 01-03 – Recreation Program Management

LND 02-01 – Cultural Resources Management

LND 04 -01 – Concessions Management by Reclamation

LND 04-02 – Concessions Management by Non-Federal Partners

LND 08-01 – Land Use Authorizations

LND 12-01 – Identification and Reporting of Potential Hazardous Substances on Bureau of Reclamation Acquired or withdrawn Lands

LND 13-01 – Visitor Centers

LND 14-01 – Wildland Fire Management

SLE 07-01 – Emergency Notification System

For an overview of Reclamation's Recreation Program, including guidance manuals, see www.usbr.gov/recreation/ For other Reclamation policies and directives and standards, see the Reclamation Manual.

http://www.usbr.gov/recman/sle/sle-p01.pdf

http://www.usbr.gov/recman/acm/acm01-01.pdf

http://www.usbr.gov/recman/env/env02-07.pdf


http://www.usbr.gov/recman/env/env06-01-AppA.pdf



http://www.usbr.gov/recman/lnd/lnd01-01.pdf









http://www.usbr.gov/recman/sle/SLE07-01.pdf

http://www.usbr.gov/recreation/

http://www.usbr.gov/recman/index.html


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EXHIBIT G MINIMUM WAGE CONTRACT CLAUSE

MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (JANUARY 2015)

(a) Definitions. As used in this clause—

“United States” means the 50 states and the District of Columbia.

“Worker”—

(1) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 13658, and

(i) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV),

(ii) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541,

(iii) Regardless of the contractual relationship alleged to exist between the individual and the employer.

(2) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c).

(3) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor’s Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.

(b) Executive Order Minimum Wage rate. (1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $10.10 per hour beginning January 1, 20151.

(2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2016 and annually thereafter, to meet the Secretary of Labor’s annual E.O. minimum wage. The

1 The minimum wage rate has increased to $10.60 per hour beginning January 1, 2019.


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Administrator of the Department of Labor’s Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on www.wdol.gov (or successor Web site) and on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute. The applicable published E.O. minimum wage is incorporated by reference into this contract.

(3)(i) The Contractor may request a price adjustment only after the effective date of the new annual E.O. minimum wage determination. Prices will be adjusted only if labor costs increase as a result of an increase in the annual E.O. minimum wage, and for associated labor costs and relevant subcontract costs. Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers’ compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit.

(ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2). Contractors shall consider any subcontractor requests for such price adjustment.

(iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provide duplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute.

(4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

(5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued.

(6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker’s wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 10.23, Deductions.

(7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof.

http://www.wdol.gov/


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(8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance establishing a minimum wage higher than the E.O. minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart.

(9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate.

(10) The Contractor shall follow the policies and procedures in 29 CFR 10.24(b) and 10.28 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips.

(c)(1) This clause applies to workers as defined in paragraph (a). As provided in that definition—

(i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker;

(ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c) are covered; and

(iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor’s Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered.

(2) This clause does not apply to—

(i) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particularly workweek performing in connection with such contracts;

(ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to—

(A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(a).

(B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b).


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(C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29 CFR part 541).

(d) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Contractor shall post notice, utilizing the poster provided by the Administrator, which can be obtained at www.dol.gov/whd/govcontracts, in a prominent and accessible place at the worksite. Contractors that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment.

(e) Payroll Records. (1) The Contractor shall make and maintain records, for three years after completion of the work, containing the following information for each worker:

(i) Name, address, and social security number;

(ii) The worker’s occupation(s) or classification(s);

(iii) The rate or rates of wages paid;

(iv) The number of daily and weekly hours worked by each worker;

(v) Any deductions made; and

(vi) Total wages paid.

(2) The Contractor shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Contractor shall also make such records available upon request of the Contracting Officer.

(3) The Contractor shall make a copy of the contract available, as applicable, for inspection or transcription by authorized representatives of the Administrator.

(4) Failure to comply with this paragraph (e) shall be a violation of 29 CFR 10.26 and this contract. Upon direction of the Administrator or upon the Contracting Officer’s own action, payment shall be withheld until such time as the noncompliance is corrected.

(5) Nothing in this clause limits or otherwise modifies the Contractor’s payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage

http://www.dol.gov/whd/govcontracts


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Rate Requirements (Construction) statute, the Fair Labor Standards Act, or any other applicable law.

(f) Access. The Contractor shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours.

(g) Withholding. The Contracting Officer, upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds to be withheld, from the Contractor under this or any other Federal contract with the same Contractor, sufficient to pay workers the full amount of wages required by this clause.

(h) Disputes. Department of Labor has set forth in 29 CFR 10.51, Disputes concerning contractor compliance, the procedures for resolving disputes concerning a contractor’s compliance with Department of Labor regulations at 29 CFR part 10. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. These disputes include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the workers or their representatives.

(i) Antiretaliation. The Contractor shall not discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding.

(j) Subcontractor compliance. The Contractor is responsible for subcontractor compliance with the requirements of this clause and may be held liable for unpaid wages due subcontractor workers.

(k) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (k) in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States.

reclamation lease no. 14-lm-40-05080...acts, collectively referred to as federal reclamation laws;...

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