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FS Agreement # 13 -MU- 11020400 -028 <br />DNR Agreement # _ <br />exception to the Federal Advisory Committee Act (2 U.S.C. 1534(b) and 5 <br />U.S.0 App.). <br />V. Other Provisions <br />A. Authorities not altered. Nothing in this MOU alters, limits, or supersedes the <br />authorities and responsibilities of any Party on any matter within their <br />respective jurisdictions. Nothing in this MOU shall require any of the Parties to <br />perform beyond 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 <br />appropriations available. <br />C. Immunity and Defenses Retained. Each Party retains all immunities and <br />defenses provided by law with respect to any action based on or occurring as a <br />result of this MOU. <br />D. Conflict of interest. The Parties agree not to utilize any individual or organization <br />for purposes of project development, environmental analysis, or Cooperator <br />representation, including officials, employees, or third party contractors, having a <br />financial interest in the outcome of the analysis. Questions regarding potential <br />conflicts of interest should be 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 analysis (such as designation <br />of the alternatives to be analyzed or analysis of effects), and these disagreements <br />cannot be resolved, the Forest Service will include a summary of the Cooperator's <br />views in the final environmental document. The Forest Service will also describe <br />substantial inconsistencies between its proposed action(s) and the objectives of <br />state, local, or tribal land use plans and policies. <br />F. Management of information. <br />The DNR acknowledges that all supporting materials and draft documents may <br />become part of the administrative record and may be subject to the requirements of <br />the Freedom of Information Act (FOIA) and other federal statutes. Public access to <br />MOU or agreement records must not be limited, except when such records must be <br />kept confidential and would have been exempted from disclosure pursuant to <br />Freedom of Information regulations (5 U.S.C. 552). <br />The Forest Service acknowledges that the Cooperators' handling of these materials <br />maybe impacted by the Colorado Open Records Act (CORA) § 24 -72 -201 to 24 -72- <br />309, C.R.S.. The Parties agree that the Forest Service at its discretion may withhold <br />from the cooperators those documents that would otherwise be available for public <br />release under CORA. <br />4 <br />