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Four Corners Heritage Council Agreement

This agreement was created between the Four Corners states to cooperate in the management and marketing of the heritage resources of the region.


Parties to agreement:

The Governors of the States of Arizona, Colorado, New Mexico and Utah

I. BACKGROUND: On June 19-21, 1990, at the Anasazi Heritage Center near Dolores, Colorado, over 100 public and private sector representatives from the Four Corners area joined in the Four Corners Governors' Conference to create a vision for the management, protection and promotion of the world class cultural resources and heritage of this region. Utilizing five working groups to address the specific topics of economic development, management, interpretation/public involvement, partnership strategies, and law enforcement, the working groups reconvened after two days of intensive work to report their recommendations. The conference proceedings and recommendations have been published in a report titled "Four Corners Governors' Conference, June 19-21, 1990".

Although there are several examples of management partnerships among the cultural resource interest groups of the Four Corners Region, the management and promotion of these resources are complicated by the several political, land management, and private property interests of the four-state area. The conference participants concluded that a permanent Four Corners Heritage Council that represents the region's Indian tribes, private sector interests, and local, state and federal agencies across the contiguous four-state area is needed to establish a solid foundation for addresssing the recommendations of the conference.

Nothing contained herin shall require any state to expend money in excess of appropriations authorized by law and administratively allocated for cultural resource management, rural development and tourism promotion.

Nothing in this agreement shall be construed as authorizing or encouraging the condemnation of private poperty nor the entering of private property without prior permission of the land owner. Neither shall anything in this agreement be construed as enlarging or dinimishing the responsibility and authority of the states, counties, Indian tribes, federal agencies, or other parties involved.

II. PURPOSE: The parties signing herein recognize:

A. The need for improved communication and coordination among the several interests involved in cultural resource management;

B. That there exists a need to coordinate projects and programs of mutual interest;

C. Such improved communication and coordination can best be accomplished through the establishment of a Four Corners Heritage Council; and,

D. The goals of the Four Corners Heritage Council are:

III. POLICY: It is the policy of each of the States to consider their cultural and historical heritage as a valuable resource that needs to be managed in such a manner to promote conservation, public involvement, research, and tourism development. It is further the policy of each state to cooperate with the Secretary of the Interior, Secretary of Agriculture, other states, Indian tribes, local governments, organizations and individuals to improve resource management and promotion for the benefit of their respective state citizenry.

IV. AUTHORITY: State authority includes those statutes and policies that address cultural and historic sites, resources, properties, entering into cooperative agreements and transferring funds in support of such agreements.

V. STRUCTURE OF THE FOUR CORNERS HERITAGE COUNCIL: The Council shall consist of twelve members. The Govenor of each participating State shall appoint three council members to terms staggered in one year increments not to exceed three years. Until such time as the twelve member Council is appointed, the Governors, or their designee, of the participating states shall temporarily serve in that capacity and shall have the full authority to act in its behalf. Each state's three gubernatorial appointments shall include one American Indian and one private sector representative, and two of the three must reside in the Four Corners region. Members may be reappointed to additional three year terms at the discretion of the Governor. Any member appointed for a definite term may serve after the expiration of his/her term until his/her successor is appointed. Any vacancy of the Council shall be filled in the same manner as the original appointment. Any member appointed to fill a vacancy shall serve for the remainder of the term for which his/her predecessor was appointed. All gubernatorial appointments shall serve at the pleasure of the respective Governor.

The Council shall annually elect a chairperson and officers from among its members. A simple majority of the Council members shall constitute a quorum.

The Council shall meet at least quarterly or at the call of the chairperson or a majority of its members. When engaged in Council business, members of said Council shall be entitled to travel expenses, including per diem at the same rate of reimbursement established for emplyees/contractors of the council.

All meetings of the Council will be announced in advance and be open to the public. The minutes and other documents of the Council shall be open for review by the public.

VI. POWERS OF THE COUNCIL: The council will serve as a regional coordinating committee for the key interest groups involved in managing and promoting cultural resources in the Four Corners area. The council will serve as a forum for these interests and it will seek to carry out projects of mutual interest. The Council once formed shall have the power to hire staff, procure the services of consultants, and accept the services of personnel that may be detailed or appointed from any tribal, federal, state government, or political subdivision thereof. Upon formation, the Council shall also prepare bylaws, appoint ex officio members, form appropriate technical advisory groups and seek donations of funds, property, and services for the purposes of carrying out its duties.

At the end of each budget year, the council shall prepare an annual report that summarizes the council's work budget expenditures and describes the projects/programs to be undertaken for the coming year. Each state delegation to the council will be resonsible for keeping informed interests they represent regarding the progress of the council's work.

VII. BUDGET: Each of the four states represented on the Council shall provide to the Council $10,000 for a total budget of $ 40,000. Each state shall trasfer such funds to the Council through use of appropriate contracts or cooperative agreements. The budget which will be detailed by the Council, will be used to develop and implement the goals identfied above. (Section II. PURPOSE).

It is the intent of the states to continue the base level of funding at the $10,000 annual level. The council will strive to identify funding alternatives to meet proposed project needs beyond the $40,000 committed by the states. After the first year, the council shall develop and present to the states for their consideration and individual state decision an annual budget sufficient to carry out the council's agreed upon proposed programs and projects.

If the council is dissloved for any reason, any unused funds will be returned to the states in amounts directly proportionate to the amount of funds provided by said states for the current budget.

VIII. SUPPLEMEMTAL AGREEMENTS: The Council may enter into supplemental agreements with others in pursuit of common objectives. The Council will actively encourage the involvement of individual tribal governments from the Four Corners Region.

IX. MODIFICATIONS, TERMINATIONS, AND EFFECTIVE DATE: Negotiations to modify this agreement may be entered into by the Council after receiving a request from a Council member. Such modification may be made by amendments of addenda signed by the participating states
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Each state shall review on an annual basis, its participation in said council and adjust commitments at that time. Participation in this agreement may be terminated by any state by giving notice thereof in writing. Such termination will become effective sixty days from the date of notice. Should a state give such notice, said state will have no responsibility for financial obligations incurred by the council subsequesnt to the date of the notice.

This agreement shall become effective for each state upon signature below.