JPAs, MOUs, and MOA's in California's Central Coast Region

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An environmental topic, summarized by the ENVS 560/L Watershed Systems class at CSUMB.

Memoranda of Understanding (MOUs), Memoranda of Agreement (MOAs), and Joint Powers Agencies or Authorities (JPAs) are some of the cooperative and legal instruments that can be used to facilitate inter-agency coordination on resource management. This page explains what these instruments are and describes some examples relevant to California's Central Coast region.

Definitions

Memorandum of Understanding (MOU) 
An MOU is an agreement between government agencies, at the federal, state, and local level, with an intent to collaborate, cooperate, and share information in areas of common regulation and supervision [1]. MOUs can also be formed with academic institutions and other entities like non-profit organizations. MOUs are non-binding agreements that are often entered to describe broad concepts of common understanding, goals, and cooperative planning between parties [2]. MOUs can be categorized into three overarching groups: Academic MOUs, Domestic MOUs, and Non-Profit and other MOUs.
Memorandum of Agreement (MOA) 
An MOA is different than a MOU because it describes in detail any specific responsibilities and actions needed to be taken by each party involved in order to accomplish a set goal [3]. Both MOUs and MOAs are required to follow the mission of the federal agency involved as well as federal law, regulation, and funding limitations. MOUs and MOAs also do not trump the need for separate contracts, documents, and agreements to meet the goals of the respective parties involved. MOUs and MOAs are not to be used a the sole authority to meet a goal or acquire goods and services.
Joint Powers Agreement (JPA) 
Some JPAs are cooperative agreements between existing agencies and others create separate institutions that are known as joint powers agencies [4]. JPAs are established to work on a common problem between two or more parties, fund projects, or act as representative body to different activities [5]. JPAs can be formed between federal institutions, state departments, counties, cities, school districts, development agencies and other joint power institutions. JPAs can also be formed across state lines. JPAs are currently formed for groundwater management, infrastructure development, habitat conservation, mental health facilities construction, etc [6].

Process of establishing MOUs/MOAs

The first stage in the process of establishing MOUs/MOAs is the planning stage [7]. This is when internal brainstorming begins between administrators, case managers, or others parties involved in order to identify:

  1. What you want or need another party to provide
  2. What you are willing to negotiate
  3. What you are willing to give up
  4. What you have to offer
  5. The rationale for entering the MOU process [8].

The second step of the planning stage involves identifying the potential providers of the specific community. This allows for the needs of the community to be identified and allows a plan or goal to be set in order to meet those needs. The third step is focused on identifying the program objectives of the particular MOU/MOA and understanding if the objectives can be met without the MOU/MOA. The third step is regarded as the most crucial part of creating a MOU/MOA. The fourth step involves understanding the level of staff to be involved in the negotiation process that will take place in another stage of the MOU/MOA process. The last two steps of the planning stage involve identifying agencies that have resources to provide services and also have the authority to do so.

The second stage is known as the negotiation stage [9]. The negotiation stage begins with a contact with between the parties to discuss specific elements of the MOU/MOA. The overall concept of the MOU/MOA is presented to the case management of different agencies that are planning on working together in order to agree on the terms of the agreement.

The third stage is where the MOU/MOA is completed [10]. This final stage involves thepreparation of a draft of the MOU instrument which is based on your meeting and negotiations with the provider agency. Generally, since you are initiating the process, you will assume responsibility for preparing the draft. Send the draft to the other party, along with a cover letter in which you identify controversial areas. Try to negotiate those points where there is some flexibility and identify the immutable points. This phase of the negotiation could be handled by phone or in person, however personal contact may carry more impact in terms of developing the relationship. Involving the persons with the authority to negotiate for the agency at this draft stage can minimize the time to complete the MOU.

If programmatic objectives have been specified in the planning process, developing a system for monitoring and/or evaluation can be fairly easy. You could identify data needs and develop the appropriate forms and filing and tracking systems to be used jointly by your agency and the agency with which you are developing the MOU.

JPAs, MOUs, MOAs, and National Heritage Areas

The stakeholders involved when establishing MOUs for National Hertitage areas include not-for-profit organizations, federal commissions, institutions of higher education, and state and local governments [11]. In order for the performance of newly established National Heritage Areas to be tracked, National Heritage Areas Program Annual Reporting Forms need to be completed by the stakeholders established within the JPA/MOU/MOA.

Examples in Conservation

MOUs and MOAs

  • California Condor Restoration Memorandum of Understanding May 2018
    • U.S Fish and Wildlife Service, the National Park Service, Bureau of Land Management, U.S. Forest Service, the Yurok Tribe, California Department of Fish and Wildlife, California Department of Parks and Recreation, Oregon Department of Fish and Wildlife, Oregon Zoo, the Sequoia Park Zoo, the Ventana Wildlife Society, Pacific Gas and Electric Company, PacifiCorp d.b.a. Pacific Power, Green Diamond Resource Company, and Hells Canyon Preservation Council.
    • The purpose of this MOU is to provide detailed goals of cooperation and encourage close coordination among the parties involved to support ongoing conservation of the California condor
  • The Conservation on Migratory Birds
    • National Park Service and U.S. Fish and Wildlife Service
    • The purpose of this MOU is to increase migratory bird conservation by identifying and developing strategies used to complement and support existing efforts, and create new collaborative migratory bird conservation partnerships and efficient planning strategies for migratory birds.

JPAs

Less relevant ones

References

  1. https://www.fda.gov/about-fda/partnerships-enhancing-science-through-collaborations-fda/fda-memoranda-understanding
  2. https://media.defense.gov/2017/Mar/13/2001710658/-1/-1/0/CI_5216_18.PDF
  3. https://media.defense.gov/2017/Mar/13/2001710658/-1/-1/0/CI_5216_18.PDF
  4. https://sgf.senate.ca.gov/sites/sgf.senate.ca.gov/files/GWTFinalversion2.pdf
  5. https://sgf.senate.ca.gov/sites/sgf.senate.ca.gov/files/GWTFinalversion2.pdf
  6. https://sgf.senate.ca.gov/sites/sgf.senate.ca.gov/files/GWTFinalversion2.pdf
  7. https://aspe.hhs.gov/basic-report/guide-memorandum-understanding-negotiation-and-development#chapII
  8. https://aspe.hhs.gov/basic-report/guide-memorandum-understanding-negotiation-and-development#chapII
  9. https://aspe.hhs.gov/basic-report/guide-memorandum-understanding-negotiation-and-development#chapII
  10. https://aspe.hhs.gov/basic-report/guide-memorandum-understanding-negotiation-and-development#chapII
  11. https://www.govinfo.gov/content/pkg/FR-2020-05-15/pdf/2020-10482.pdf
  12. https://books.google.com/books?id=ixvUpq8j-gwC&pg=PA3309&lpg=PA3309&dq=Memorandum+of+Understanding+Between+the+National+Park+Service+of+the+Department+of+the+Interior+of+the+United+States+of+America+and+the+Secretariat+of+Urban+Development+and+Ecology+on+Cooperation+in+Management+and+Protection+of+National+Parks+and+Other+Protected+Natural+and+Cultural+Heritage+Sites,+Mexico+City+and+Washington,+1988-1989+MEMORANDUM+OF+UNDERSTANDING+between+NATIONAL+PARK+SERVICE+OF+THE+DEPARTMENT+OF+THE+INTERIOR+OF+THE+UNITED+STATES+OF+AMERICA+and+SECRETARIAT+OF+URBAN+DEVELOPMENT+AND+ECOLOGY+UNITED+MEXICAN+STATES+on+Cooperation+in+Management+and+Protection+of+National+Parks+and+Other+Protected+Natural+and+Cultural+Heritage+Sites&source=bl&ots=iwBsuX6A7j&sig=ACfU3U1es6X6XPXY3cjf0RNcaE022oMBhA&hl=en&sa=X&ved=2ahUKEwj3__vInKzvAhXFWM0KHb8QASEQ6AEwAXoECAEQAw#v=onepage&q&f=false
  13. https://www.blm.gov/sites/blm.gov/files/PCA%20MOU%202019%205%20signed.pdf


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This page may contain student work completed as part of assigned coursework. It may not be accurate. It does not necessarily reflect the opinion or policy of CSUMB, its staff, or students.