Policy for the Transfer of a Gaging Station Structure to a State or Local Government Agency United States Department of the Interior GEOLOGICAL SURVEY RESTON, VA 22092 In Reply Refer To: DEC 06 1991 Mail Stop 405 WATER RESOURCES DIVISION MEMORANDUM NO. 92.12 Subject:LEGAL--Policy for the Transfer of a Gaging Station Structure to a State or Local Government Agency A formal agreement is required in order for the U.S. Geological Survey (USGS) to transfer a gaging station structure to a State or local government agency. The attached agreement has been designed to relieve the USGS from further liability coincident with the transfer. The Office of the Solicitor has found it to provide adequate safeguards to obligate the State to meet appropriate safety standards and assume responsibility for the gaging station. If a USGS district plans to transfer a gaging station to a State or local government agency, prior permission must be obtained from the Regional Hydrologist. In each instance, the State or local government agency must enter into their own agreement with the landowner for permission to operate the gaging station. All USGS equipment must be removed from the gaging station because USGS employees are not authorized to give away government property. A memorandum to the record should be filed with the USGS copy of the signed agreement stating: (1) why the gaging station was discontinued; (2) whether the cost of removing the structure would exceed its salvage value; (3) that no equipment was transfered with the gaging station; and (4) the date that permission was obtained from the Regional Hydrologist. If the transfer agreement is with a local government agency, the appropriate word "County," "City," or "Municipality" should be substituted for the word S H State Agency" on the attached form. If you have any questions or require assistance on this matter, please call the Chief, Branch of Operational Support, at FTS 959-5251 or (703) 648-5251. William B. Mann IV Attachment Distribution: A, B, S, FO, PO This WRD memorandum does not supersede any previous WRD memorandum. The U.S. Geological Survey, hereinafter referred to as "the Federal Government", agrees to transfer ownership of the streamflow measuring station which includes a (description of stilling well, walkways, shelter, cableway and any other structures) hereinafter referred to as "the gaging station," located at Lat. ____________________ Long. ____________________ I (other location descriptions) to _______________________, hereinafter referred to as "the State Agency," (name of state agency) giving the State Agency all rights to the gaging station. The State Agency hereby agrees to assume all responsibility for the above described gaging station. The State agency agrees to accept the gaging station "as is" and agrees not to hold the Federal Government responsible in any way for any construction deficiencies or repairs which may be required on the gaging station to make it meet any specified standard--safety, governmental, or otherwise. The State Agency agrees to accept the responsibility for any and all liens, fines, damages, penalties, forfeitures, or judgements in any manner accruing by use or existence of the gaging station. The State Agency also agrees to accept liability for any and all injuries or damage to property of whatsoever nature or kind arising out of the continued existence of the gaging station. The State Agency agrees to hold harmless the Federal Government to any and all tort claims resulting from the use or existence of the gaging station. 'Should the State Agency choose or is forced to abandon the gaging station, the State Agency agrees to assume full responsibility for the proper disposition of the gaging station in accordance with State or county laws. The Federal Government has terminated its agreement with the landowner for permission to operate and maintain a gaging station at this site. The State Agency agrees to negotiate its own easement or permission agreement with the landowner. Signature U.S. Geological Survey Date Signature State Agency Date Notary Seal