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DATE: August 13, 2013 RESOLUTION NO, 2013-144 RESOLUTION UTE MOUNTAIN TRIBAL COUNCIL REFERENCE: MEMORANDUM OF UNDERSTANDING BETWEEN THE UTE. MOUNTAIN UTE TRIBE, THE GRAND CANYON TRUST AND THE USDA FOREST SERVICE WHEREAS, the Constitution and By-Laws of the Ute Mountain Ute Tribe, approved June 6, 1940 and subsequently amended, provides in Article III that the governing body of the Ute Mountain Ute ‘Tribe (“Tribe”) is the Ute Mountain Ute Tribal Council and sets forth in Article V the powers of the Tribal Council exercised in this Resolution; WHEREAS, the Tribal Council is charged with the responsibility to protect and promote the best interests of the Ute Mountain Ute Tribe and its members: and WHEREAS, the Tribe, as a federally recognized tribe of the United States, is vested with certain rights and powers that are inherent in a sovereign government; and WHEREAS, the Ute Mountain Ute Tribe holds a grazing permit with the USDA Forest Service in the Manti-La Sal Natural Forest, State of Utah, permit number 50020 A, known as the Babylon allotment and the Gooseberry allotment; and WHEREAS, the Ute Mountain Ute Tribe (Tribe), the USDA Forest Service (Forest Service) and the Grand Canyon Trust (Trust) have prepared a Memorandum of Understanding (MOU) between all three parties in regards to the Gooseberry allotment; and WHEREAS, the Memorandum of Understanding creates the White Mesa Cultural and Conservation Area within the bounds of the Gooseberry and Babylon grazing allotments, The MOU's purpose is to allow the Tribe to retain its permit to both allotments and it is agreed by all parties that the Gooseberry allotment will be in non-use status and ungrazed by livestock from 2013-2022; to continue to develop and expand a framework for the Forest Service, the Trust, and the Tribe to research and gain understanding of the role of wild ungulates, the potential for willow and aspen restoration, and the restoration of native grasses on allotments used by wild ungulates; and to develop a framework for the Parties to manage the Gooseberry allotment in a way that promotes the restoration and recovery of certain plants considered culturally significant to the Tribe; and Resolution Number 2013-144 Re: Memorandum of Understanding with USDA Forest Service and Grand Canyon Trust Page I of 2; WHEREAS, all parties agree to certain responsibilities and duties as agreed upon within the MOU; and WHEREAS, said MOU may be cancelled by any party to the MOU during the 2013-2022 time frame with a 90 day notice period to all parties, NOW THEREFORE BE IT RESOLVED, the Ute Mountain Ute Tribal Council believes that entering into the MOU with the Forest Service and Trust is in the Tribe’s best interests and will allow the Tribe to retain its permits on the Gooseberry and Babylon allotments. BE IT FINALLY RESOLVED that the Ute Mountain Tribal Couneil authorizes the Chairman to sign the Resolution and any other legal documents as may be necessary to carry out the intent of this Resolution. The foregoing Resolution was duly adopted this 13" day of August, 2013, Gary Hayes, Chairman Ute Mountain Ute Tribal Chairman CERTIFICATI This is to certify that there was a quorum of 6 Tribal Council Members present at the official meeting of the Ute Mountain Tribal Council held on the above mentioned date, that S voted for and 0 opposed abstained, and that the above Resolution was duly adopted, O Obrnw Michela F. Alire, Recording Secrelary Ute Mountain Tribal Council Resolution Number 2013-144 Re: Memorandum of Understanding with USDA Forest Service and Grand Canyon Trust Page 2 of 2; [BS v0 roa seni Si PS Agreement No. 13. ‘Cooperator Agreement No, 1U-11040800-017 MEMORANDUM OF UNDERSTANDING Between The GRAND CANYON TRUST And The UTE MOUNTAIN UTE TRIBE And The USDA, FOREST SERVICE FISHLAKE NATIONAL FOREST This MEMORANDUM OF UNDERSTANDING (MOU) is hereby made and entered into by and between the Grand Canyon Trust, hereinafter referred to as “the Trust" and theUte Mountain Ute Tribe, hereinafter referted to as "the Tribe,” and the USDA, Forest Service, Fishlake National Forest, hereinafter referred to as the “U.S. Forest Service. WHEREAS: The Parties recognize and encourage a continued commitment to create principles of cooperation and coordination among the signatories so they may establish and manage White Mesa Cultural and Conservation Area on the Gooseberry Allotment. 1. PURPOSE: The purpose of this MOU is to document the Parties’ agreement to create the White Mesa Cultural and Conservation Area, (within the boundaries of the Gooseberry and Babylon Grazing Allotments) which will be ungrazed in the Gooseberry allotment by livestock from 2013-2022; to continue to develop and expand a framework for the Grand Canyon Trust, the Ute Mountain Ute Tribe and ‘the U.S. Forest Service to research and gain understanding of the role of wild ungulates, the potential for willow and aspen restoration, and the restoration of native grasses on allotments used by wild ungulates; and to develop a framework for the Parties to manage the Gooseberry Allotment in a way that promotes the restoration and recovery of certain plants considered culturally significant to the Tribe. IL STATEMENT OF MUTUAL BENEFIT AND INTERESTS: The U.S. Forest Service manages National Forest system lands by balancing protection of natural and cultural resources with management for multiple land uses. On the Colorado Plateau, the research enabled through the creation of the Mesa Cultural and Conservation Area will be valuable in helping U.S. Forest Service land managers in decision-making related to balancing resouree protection and use. The Ute Mountain Lite Tribe is a sovereign government located in Colorado and Utah, whose aboriginal land use area encompasses the Gooseberry and Babylon Allotments, he land included in the Allotments contains numerous places and Page | of 9