BILATERAL / CANADA
First Update; pages 597-600
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Done at Washington, D.C. 17 May 1990
Entered into force 17 May 1990
Primary source citation: TIAS 11723
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MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES DEPARTMENT OF AGRICULTURE AND FORESTRY CANADA ON COOPERATION IN THE FIELD OF FORESTRY-RELATED PROGRAMS
I. "Identification of Parties
This Memorandum of Understanding is entered into between the United States Department of Agriculture and Forestry Canada. The lead agencies under the Memorandum of Understanding will be the Forest Service for the United States Department of Agriculture and Forestry Canada. Recognizing the proprietorship and management responsibilities for forests and forest lands which rest with provincial, territorial and State governments, entities of these governments will be specifically included as signatories under supplements to this Memorandum of Understanding (para. VII) with respect to activities relating to these lands and forests.
II. "Purpose
The purpose of this Memorandum of Understanding is to document certain agreements and understandings between the United States Department of Agriculture and Forestry Canada to improve coordination of forestry-related programs undertaken in the two countries. This improved coordination is desirable (1) to enhance and maximize program capabilities in forestry in both countries; (2) to encourage joint efforts to resolve common problems; (3) to avoid unplanned duplication of effort; and (4) to help insure that the collection and analysis of data is compatible so that results can be compared and even pooled when desired.
III. "Background
In this Memorandum, "forestry-related programs" refers to the ongoing activities of the two forestry agencies and their cooperators. Such programs include but are not limited to planning, conducting, reviewing and analyzing forestry activities related to the management and administration of forest lands, relationships with private landholders, matters associated with wood utilization, and related research and legislative support functions.
IV. "Authority
The participation by the United States Department of Agriculture is authorized by the Food and Agriculture Act of 1977, 7 U.S.C. 3291 (1982); Forest and Rangeland Renewable Resources Research Act of 1978, 16 U.S.C. 1643(c) (1982); and Reciprocal Fire Protection Agreements Act of May 27, 1955, 42 U.S.C. 1856 (1982).
The involvement by Forestry Canada in this Memorandum of Understanding is authorized by the Department of Forestry Act of 1990.
V. "Delegation
A. The Secretary, United States Department of Agriculture, or such other person whose name and title shall be communicated in writing to the Minister of Forestry, Canada, shall administer this Memorandum of Understanding for the United States Department of Agriculture.
B. The Minister of Forestry, Canada, or such other person whose name and title shall be communicated in writing to the Secretary, United States Department of Agriculture, shall administer this Memorandum of Understanding for Forestry Canada.
VI. "Responsibilities of Parties
The Secretary, United States Department of Agriculture, and the Minister of Forestry, Canada, agree that, subject to the availability of appropriated funds and personnel and in accordance with the laws and regulations of each country, the forestry agencies covered by this Memorandum of Understanding will, where mutually acceptable:
A. Assist each other in planning forestry-related programs.
1. The agencies will identify program areas of mutual interest and concern, and will jointly plan program activities when mutually advantageous.
2. Periodically, the agencies will provide each other with resource documents and summary statements of program and budget emphasis and new and emerging areas of emphasis or concern.
3. Annually, the agencies will exchange summaries of current needs that are related to their resource management programs or to the programs of their cooperators.
4. The agencies will inform each other of significant public involvement activities that help identify user needs and help set agency priorities.
5. To the extent possible, the agencies will develop compatible standards, techniques and reporting systems so that results will be mutually useful.
B. Assist each other in program operation to the extent practical and mutually desirable.
1. The agencies will cooperate in programs that are mutually advantageous, especially those in border situations between the two countries.
2. As mutually agreeable, each agency will include representatives of the other in reviews of programs of mutual interest.
3. The agencies will share staff, equipment and information in emergency situations such as fire or pest problems. Details will be spelled out in program agreements for the various technical fields and program areas.
4. At least annually, the agencies will prepare status summaries of programs known to be of interest to the other.
C. Assist each other in communicating and sharing information.
1. As may be agreed upon, the agencies will share appropriate planning documents and program anlayses that are produced in the normal course of business.
2. Agencies will explore opportunities to develop a compatible information data base, including forest resource inventories and program reporting.
3. Agencies will cooperate in efforts to disseminate planning and reporting documents to the public as appropriate and mutually agreed to.
VII. "Supplementation
As needed to cover specific plans and programs, this Memorandum of Understanding may be supplemented by specific project agreements signed at the appropriate level for the agencies involved.
VIII. "Implementation
Activities resulting from this Memorandum will be coordinated through the heads of the two forestry agencies or their designates. Responsibility for coordination meetings will rotate annually between the incumbents in these two positions. An annual program will be developed by September 30 that describes cooperative activities and coordination needs for the next calendar year. A yearly report will be prepared and submitted to the Secretary and the Minister within two months after the end of the preceding calendar year.
IX. "Provisions
A. "Intellectual Property
In proposed cooperative activities where it is foreseeable that a product or discovery that is eligible for intellectual property protection might result, the parties will agree in advance as to the disposition of intellectual property rights, in their own countries and in third countries, and so state the disposition within the particular project agreement covering these activities.
B. "Expenses
Unless otherwise provided, delegations and individuals visiting either country in accordance with this Memorandum of Understanding will pay their own expenses. C. "Claims
The parties to the Memorandum of Understanding do hereby expressly agree that all claims occurring in consequence of the performance of the Memorandum of Understanding will be pursued in accordance with the laws relating to such claims under applicable laws of each country.
D. "Benefits
No Member of Congress or no Member of the Senate or House of Commons shall be admitted to share in any part of this Memorandum of Understanding or to receive any benefit that may arise therefrom.
X. "Effective Date
This memorandum shall enter into force upon signature and shall remain in force for five (5) years unless terminated earlier by either party upon ninety (90) days' written notice to the other party. It may be modified or extended by mutual written agreement.
DONE at Washington, D.C. this 17th day of May, 1990, in duplicate, each in the English and French languages both equally authentic.
FOR THE UNITED STATES DEPARTMENT OF AGRICULTURE: [Signature] Secretary, United States Department of Agriculture [Signature] Chief, USDA Forest Service
FOR FORESTRY CANADA: [Signature] Minister of Forestry [Signature] Deputy Minister Forestry Canada