I. AUTHORITY
This Memorandum of Understanding (MOU) is made and entered into by and between Bat Conservation International, Inc., hereinafter referred to as BCI, and the Office of Surface Mining, United States Department of the Interior, hereinafter referred to as OSM, under the provisions of Section 413 (a) of the Surface Mining Control and Reclamation Act of 1977, as amended, (SMCRA).

II. PURPOSE
The purpose of this MOU is to establish a framework for cooperative efforts between the two organizations to maintain and increase the conservation of bats and their habitats.

III. STATEMENT OF MUTUAL INTEREST AND MUTUAL BENEFITS
BCI, a non-profit organization, was formed to promote the conservation, study, and protection of bats, their roosts and habitats, and to provide for and promote public education about bats and their role in the ecosystem. BCI's North American Bats and Mines Project (NABMP) was founded in 1993 by BCI and its agency partners to protect mine-roosting bat populations threatened by mine closure and reclamation nationwide. The NABMP has helped facilitate, implement, or provide technical assistance for bat-compatible mine closures throughout the United States, and has provided training on bat conservation and mine land management to hundreds of wildlife and mine land managers.

OSM is involved in the reclamation of mine lands abandoned prior to the passage of SMCRA. Generally, the abandoned mine land (AML) programs are administered by States or Indian Tribes through programs which have been approved by OSM. In those States or Indian Tribes with abandoned coal mines but without an approved program, OSM is the reclamation authority.

The AML program, due to the reclamation of abandoned mine shafts and portals, is the most important OSM program with regards to bat conservation and will be the focal point of this MOU. However, whenever active mining opens into abandoned underground workings or "pillar shaving" operations threatens bat habitats, OSM will support appropriate safeguards.

BCI and OSM have responsibilities and interests in protecting the environment, including wildlife resources and their habitats. It is mutually agreed that BCI and OSM will assist each other in educating OSM staff, States, and Tribes about the beneficial roles of bats, cooperate in the protection of bats and their habitats, and utilize OSM authorities, including technical and financial assistance, to promote and aid the conservation of bats and their habitats on State and Tribal lands.

In consideration of the above premises, BCI and OSM agree as follows:

IV. OSM SHALL:

1. Consider the conservation of bats and their habitats in the development and implementation of abandoned mine land reclamation standards and recommendations to States and Indian tribes.

2. Provide assistance in the development of program criteria, consistent with the practices of abandoned mine land reclamation, which will help manage bats and their habitats effectively and economically.

3. For the Federal Reclamation Program, monitor non-emergency AML shaft and portal areas for bat activity prior to reclamation and, as appropriate, require the use of bat gates to seal the shafts or portals where bat habitation is known and would be endangered if sealed otherwise. Encourage the States and Tribes to do likewise.

4. Promote the education of OSM staff, State agencies and Indian tribes of the beneficial aspect of conserving bats, tested methods to safeguard bat habitat and public health, and ways to mitigate for loss of bat roosts and habitats. This can be accomplished through educational materials, bulletins, and/or training sessions.

V. BCI SHALL:

1. Cooperate with OSM in meeting the purpose of this MOU and in accomplishing items of mutual interest and benefit related to the protection and conservation of bats during reclamation activities.

2. Provide expertise and consultation on bat management and conservation for implementation of agreed upon projects such as inventorying, habitat improvement and restoration, and monitoring.

3. Provide expertise on bat conservation and land management training, education, and demonstration projects. Exchange information and publications with OSM, State agencies, and Tribal groups about bats, bat habitats, and bat conservation/mitigation during mine land reclamation.

4. Acknowledge the assistance of OSM in its publications or other works resulting from its activities under this MOU.

5. Not refer to this MOU in commercial advertising in a manner which states or implies that OSM has approved or endorsed the activities of BCI.

VI. IT IS MUTUALLY AGREED AND UNDERSTOOD BY AND BETWEEN THE SAID PARTIES THAT:

1. BCI and OSM will meet at least annually to discuss, identify, and coordinate the various proposed projects that will achieve the goals of this MOU.

2. As agreed to on a project-by-project basis, they will assist each other in the planning, implementation, and monitoring of projects developed subsequent to this agreement.

3. This MOU in no way restricts BCI or OSM from participating in similar activities or arrangements with other public or private agencies, organizations, or individuals.

4. Nothing in this MOU shall be construed as giving BCI or OSM any type of exclusive arrangements to the exclusion or detriment of other interested groups or organizations.

5. This MOU does not constitute an obligation or commitment of federal funds. Any project involving reimbursement or contribution of funds between OSM and BCI will be handled in accordance with applicable laws, regulations, and procedures, and will be subject to the availability of appropriate funds.

6. This agreement will become effective upon approval by both parties, and will extend for a period of 5 years thereafter. At the conclusion of the 5 year period, this agreement will be reviewed to determine whether it should be renewed, modified, or terminated. A letter signed by both parties shall be sufficient to renew this agreement for an additional period not to exceed 5 years.

7. This agreement may be terminated at any time prior to its expiration upon mutual agreement of both parties or upon written notice by either party to the other.

8. This agreement may be modified by amendment at any time upon written agreement by both parties.

VII. THE PRINCIPAL CONTACTS FOR THIS AGREEMENT ARE:

Name Sheryl Ducummon
Title, North American Bats and Mines Project Director
Address Bat Conservation International, Inc.
P.O. Box 162603
Austin, Texas 78716
Phone Number (512) 327-9721
Email sducummon@batcon.org

Name Gene Krueger
Title, Chief, Division of Reclamation Support
Address Office of Surface Mining
1951 Constitution Ave
Washington, D.C. 20240
Phone Number (202) 208-2937
Email gkrueger@osmre.gov

VIII. EFFECTIVE DATE:

IN WITNESS WHEREOF, the parties hereto have executed this MOU as of the last written date below.

KATHY KARPAN.....(Signed December 15, 1998)
Director
USDI-Office of Surface Mining