AUTHORITY AND BACKGROUND Sample Clauses

AUTHORITY AND BACKGROUND. Pursuant to funding available under section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and as allocated to Agency by the Oregon Emergency Board, Agency is authorized to enter into a grant agreement and provide funding for the purposes described in this Grant. Accordingly, on 6/22/2020, Agency and Grantee entered into a Grant Agreement by which Agency agreed to disburse, and Grantee agreed to accept, certain CARES Act funds as more fully described in that Agreement. The parties now enter into this Amended and Restated Grant Agreement to update the period for which Grantee may seek reimbursement of eligible costs using CARES Act funds, as well as to amend the reimbursement-submission procedure.
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AUTHORITY AND BACKGROUND. NOAA/NWS, as authorized by 15 U.S.C. § 313, through its participation in the United Nations’ (UN) World Meteorological Organization (WMO), and through the U.S. participation as a contracting nation in the Safety of Life at Sea (SOLAS) Convention (Presidential Executive Order 12234 [EO12234]), issues weather forecasts and warnings for the protection of life and property and for the enhancement of the national economy for the U.S. coastal and Great Lakes waters and major portions of the North Atlantic, Arctic, and Pacific Oceans (WMO meteorological areas [Metareas] 4, 12, and 14); as well as the Tsunami Warning and Education Act, 33 U.S.C. §§ 3201 et seq. The USCG, in accordance with 14 U.S.C. § 707, may cooperate with NOAA/NWS to promote the safety of life and property on and over the high seas and other navigable waters by facilitating the observation, preparation and dissemination of weather information, forecasts and warnings, and may cooperate with NOAA/NWS in accordance with mutually satisfactory terms. The USCG, as authorized by 14 U.S.C. §§ 503, 544, promulgated regulations for the dissemination of marine safety information, including weather and ice information, to mariners, which also satisfy certain requirements of the SOLAS Convention. The NOAA/NWS and the USCG, or their predecessor organizations, have been cooperating for more than a hundred years in fulfilling their complementary missions. EO 12234 sets forth this cooperative responsibility with respect to the implementation of the SOLAS Convention. This MOA provides an updated, overall framework for organizing and maintaining such cooperation.
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AUTHORITY AND BACKGROUND. Title III of the Energy Policy and Conservation Act (42 U.S.C. 6291, et seq.; ‘‘EPCA’’ or, ‘‘the Act’’) sets forth a variety of provisions designed to improve energy efficiency. (All references to EPCA refer to the statute as amended through the Energy Independence and Security Act of 2007 (EISA 2007), Public Law 110–140 (Dec. 19, 2007)). Part B of title III, which for editorial reasons was redesignated as Part A upon incorporation into the U.S. Code (42 U.S.C. 6291–6309), establishes the ‘‘Energy Conservation Program for Consumer Products Other Than Automobiles.’’ Under EPCA, this program consists of four parts: (1) Testing, (2) labeling, (3) Federal energy conservation standards, and (4) certification and enforcement procedures. This rulemaking establishes test procedures that manufacturers of light-emitting diode (LED) lamps would use to meet obligations under labeling requirements promulgated by the Federal Trade Commission (FTC) under section 324(a)(6) of EPCA (42 U.S.C. 6294(a)(6)).
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AUTHORITY AND BACKGROUND. The Outer Continental Shelf Lands Act (OCSLA), 43 U.S.C. §§ 1331 et seq., charges the Department of the Interior (DOI) with administering leasing and oil and gas exploration and development activities on the OCS. Under the delegated authority of the Secretary of the Interior, BOEM requires that entities engaging in oil and gas activities on the OCS avoid or minimize harm to threatened and endangered species listed under the Endangered Species Act (ESA), 16 U.S.C. §§ 1531 et seq., if there is reason to believe that incidental take of such species may occur. As one of the agencies tasked with implementing and overseeing the ESA consultation requirements, NMFS consults with action agencies whose actions or decisions may affect ESA-listed species and, if the effects are adverse, may issue a biological opinion to ensure that the proposed project or action will not jeopardize the continued existence of the species or result in adverse modification of designated critical habitat. On March 13, 2020, NMFS issued a programmatic biological opinion entitled, Biological Opinion for Federally Regulated Oil and Gas Program Activities in the Gulf of Mexico (2020 BiOp). The 2020 BiOp contained a Reasonable and Prudent Alternative (RPA) that would be applied in an area comprising the 100- to 400- meter isobaths from 87.5° W to 27.5° N (as described in the species’ status review), plus an additional 10 km around that area, to avoid the likelihood of jeopardizing the continued existence of the Gulf of Mexico Rice’s whale. On April 21, 2021, NMFS amended the BiOp to revise the Incidental Take Statement and to revise several Appendices to the BiOp, but did not modify the RPA or the area to which it applied. On October 25, 2022, BOEM, along with BSEE, formally requested reinitiation of consultation on the 2020 BiOp, pursuant to Section 7 of the ESA. The reasons for the consultation included reevaluating the oil spill risk analysis in the BiOp and coordinating development of conditions of approval with NMFS that are related to OCS oil and gas impact pile driving and potential transit of OCS oil and gas activity vessels through the Rice’s Whale Area identified in the 2020 BiOp RPA. As of the date of this NTL, the reinitiated consultation is ongoing. Prior to and during the reinitiated consultation process, new information became available about the occurrence of Rice’s whales in the Gulf of Mexico. In particular, a peer-reviewed study provided evidence that Xxxx’x whales occur in ...
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AUTHORITY AND BACKGROUND. The DNFSB was established by Chapter 21 of the Atomic Energy Act of 1954, as amended (AEA) (42 U.S.C. §§ 2286–2286l). The DNFSB’s mission is to provide independent analysis, advice, and recommendations to the Secretary of Energy with regard to the adequate protection of public health and safety at defense nuclear facilities. Section 2286b of the AEA authorizes the DNFSB to obtain the advice of the NRC staff and the ACRS on matters pertaining to the DNFSB’s responsibilities, with the consent of and under appropriate support arrangements with the NRC. In addition, the NRC will, consistent with the NRC’s mission, provide the DNFSB with requested administrative support. These technical and administrative support services are provided under the authority of the Economy Act of 1932, as amended (31 U.S.C. § 1535).
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AUTHORITY AND BACKGROUND. This Memorandum of Understanding (MOU) between the United States Geological Survey, hereafter referred to as the “Survey,” and the Clean Beaches Council, hereafter referred to as the “Council,” and together constituting the “Parties,” is hereby entered into under the authority of 43 U.S.C. 31 et seq. the Organic Act of March 3, 1879 and 16 U.S.C. 1452 of the Coastal Zone Management and Coastal Zone Protection Acts. The Council is a nonprofit corporation organized under the laws of the District of Columbia for the purpose of providing resources to protect and preserve America’s coastal heritage. The Parties recognize that efforts to protect and preserve America’s coastal resources and heritage are a cooperative effort involving a number of partners, including Federal, State, tribal, and international organizations. The Survey supports long-term research programs as contributing sound science to the development of policy and management towards public safety and sustainable use and preservation of coastal resources. The Survey, through the activities of its programs and Science Centers throughout the Nation delivers studies relevant to that end. The Council provides educational and outreach programs as well as evaluations of resource use and status that are integral to efforts to assess research priorities and effectively disseminate knowledge to broad stakeholder interests at the community and regional level. The Survey recognizes that the Council has a direct interest in ensuring effective delivery of Survey project results and, through consultation and participation in development of information delivery models and mechanisms, can contribute to the design, application and impact of Survey products. The Parties agree on the value of working together to improve the delivery and accessibility of science products to meet the needs of the Parties in support of scientifically informed policy, management and public education.
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Related to AUTHORITY AND BACKGROUND

  • AUTHORITY AND PARTIES In accordance with the National Aeronautics and Space Act (51 U.S.C. § 20113(e)), this Agreement is entered into by the National Aeronautics and Space Administration, located at 000 X Xxxxxx XX, Xxxxxxxxxx, XX 00000 (hereinafter referred to as "NASA") and PRAIRIE VIEW A&M UNIVERSITY located at 000 Xxxxxxxxxx Xxxxx, Xxxxxxx Xxxx, XX 00000-0519 (hereinafter referred to as "Partner" or "PVAMU"). NASA and Partner may be individually referred to as a "Party" and collectively referred to as the "Parties."

  • Authority and Compliance Borrower has full power and authority to execute and deliver the Loan Documents and to incur and perform the obligations provided for therein, all of which have been duly authorized by all proper and necessary action of the appropriate governing body of Borrower. No consent or approval of any public authority or other third party is required as a condition to the validity of any Loan Document, and Borrower is in compliance with all laws and regulatory requirements to which it is subject.

  • Authority and Approval Each of the WPZ Parties has all requisite limited liability company or limited partnership power and authority to execute and deliver this Agreement, and subject to receipt of the WPZ Vote, to consummate the transactions contemplated hereby and to perform all of the terms and conditions hereof to be performed by it. The execution and delivery of this Agreement by each of the WPZ Parties, and subject to receipt of the WPZ Vote, the consummation of the transactions contemplated hereby and the performance of all of the terms and conditions hereof to be performed by the WPZ Parties have been duly authorized and approved by all requisite partnership or limited liability company action on the part of each of the WPZ Parties. At a meeting duly called and held the WPZ Conflicts Committee, by unanimous vote, in good faith (a) determined that this Agreement and the transactions contemplated hereby are in the best interest of WPZ and the Holders of WPZ Common Units who are not Xxxxxxxx Parties, (b) approved this Agreement and the transactions contemplated hereby, including the Merger (the foregoing constituting WPZ Special Approval), and (c) resolved to approve, and to recommend to the WPZ Board the approval of, this Agreement and the consummation of the transactions contemplated hereby, including the Merger. Upon the receipt of the recommendation of the WPZ Conflicts Committee, at a meeting duly called and held, the WPZ Board (a) approved this Agreement and the transactions contemplated hereby, including the Merger; and (b) directed that this Agreement be submitted to a vote of Holders of WPZ Units by written consent pursuant to Section 13.11 of the WPZ Partnership Agreement. Following such approval, the sole member of WPZ General Partner approved this Agreement and the transactions contemplated hereby, including the GP Merger, by written consent. The adoption of this Agreement by the affirmative vote or consent of the Holders of at least a Unit Majority (as defined in the WPZ Partnership Agreement) (the “WPZ Vote”) is the only vote of partnership interests in WPZ necessary to approve this Agreement and the Merger. This Agreement has been duly executed and delivered by each of the WPZ Parties and constitutes the valid and legally binding obligation of each of the WPZ Parties, enforceable against each of the WPZ Parties in accordance with its terms, except as such enforcement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance or other similar Laws affecting the enforcement of creditors’ rights and remedies generally and by general principles of equity (whether applied in a Proceeding at law or in equity).

  • Authority and Purpose 1. It is the intent of the State and the Union to maintain a drug and alcohol free workplace. This objective is accomplished through education, employee assistance, reasonable suspicion and random drug and alcohol testing, and discipline. Consistent with a Peace Officer’s sworn oath to uphold the laws of the State of California, each Bargaining Unit 6 Peace Officer employee shall not illegally use or be impaired from the use of a drug designated in subsection B.2 (1) through (9), or be impaired by use of alcohol while on the job.

  • Authority and Consents Seller has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement, and no approvals or consents of any governmental authorities or persons other than Seller are necessary in connection with it. The execution and delivery of this Agreement by Seller has been duly authorized by all necessary corporate action on the part of Seller.

  • Authority and Capacity Contractor and Contractor’s signatory each warrant and represent that each has full authority and capacity to enter into this Contract.

  • Authority and Execution It has full power, authority and legal right to execute and deliver, and to perform its obligations under, this Guaranty and has taken all necessary corporate, partnership or limited liability company, as the case may be, action to authorize the execution, delivery and performance of this Guaranty.

  • Authority and Validity 27 5.3 No Breach or Violation.................................... 28 5.4 Litigation................................................ 29 5.5

  • Outage Authority and Coordination Developer and Connecting Transmission Owner may each, in accordance with NYISO procedures and Good Utility Practice and in coordination with the other Party, remove from service any of its respective Attachment Facilities or System Upgrade Facilities and System Deliverability Upgrades that may impact the other Party’s facilities as necessary to perform maintenance or testing or to install or replace equipment. Absent an Emergency State, the Party scheduling a removal of such facility(ies) from service will use Reasonable Efforts to schedule such removal on a date and time mutually acceptable to both the Developer and the Connecting Transmission Owner. In all circumstances either Party planning to remove such facility(ies) from service shall use Reasonable Efforts to minimize the effect on the other Party of such removal.

  • Authority and Responsibility A. DBEs and other small businesses are strongly encouraged to participate in the performance of Contracts financed in whole or in part with federal funds (See 49 CFR 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”). The Consultant must ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The proposer must not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts.

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