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Forest Service Agreement # 12 -MU -11020400-044 <br />CDRMS Agreement # <br />jurisdictions. Nothing in this MOU shall require any of the Parties to perform beyond <br />its respective authority. <br />B. Financial obligations. Nothing in this MOU shall require any of the Parties to <br />assume any obligation or expend any sum in excess of authorization and appropriations <br />available. <br />C. Immunity and Defenses Retained. Each Party retains all immunities and defenses <br />provided by law with respect to any action based on or occurring as a result of this <br />MOU. <br />D. Conflict of interest. The Parties agree not to utilize any individual or organization <br />for purposes of EIS development, environmental analysis, or Cooperator representation, <br />including officials, employees, or third party contractors, having a financial interest in <br />the outcome of the EIS. Questions regarding potential conflicts of interest should be <br />referred to Ethics Officers of the respective agency. <br />E. Documenting disagreement or inconsistency. Where the Forest Service and the <br />Cooperator disagrees on substantive elements of the EIS (such as designation of the <br />alternatives to be analyzed or analysis of effects), and these disagreements cannot be <br />resolved, the Forest Service will include a summary of the Cooperator's views in the <br />Final EIS. The Forest Service will also describe substantial inconsistencies between its <br />proposed action(s) and the objectives of state, local, or tribal land use plans and policies. <br />F. Management of information. <br />The CDRMS acknowledges that all supporting materials and draft documents may <br />become part of the administrative record and may be subject to the requirements of the <br />Freedom of Information Act (FOIA) and other federal statutes. Public access to MOU or <br />agreement records must not be limited, except when such records must be kept <br />confidential and would have been exempted from disclosure pursuant to Freedom of <br />Information regulations (5 U.S.C. 552). <br />The Forest Service acknowledges that the Cooperators' handling of these materials may <br />be impacted by § 24-6-402, C.R.S. (The Colorado Sunshine Law). The Parties agree <br />that the Forest Service at its discretion may withhold from the cooperators those <br />documents that would otherwise be available for public release under The Colorado <br />Sunshine Law. <br />Participation in Similar Activities. This MOU in no way restricts the Forest Service or <br />the CDRMS from participating in similar activities with other public or private agencies, <br />organizations, and individuals. <br />4 <br />