FEDERAL APPROVALS. AND RELATED RESPONSIBILITIES THAT MAY NOT BE ASSUMED BY THE STATE DOT (Information Note: Responsibilities that may not be assumed are discussed in Section II of the S&O Agreement Guidance.)
FEDERAL APPROVALS. AND RELATED RESPONSIBILITIES THAT MAY NOT BE ASSUMED BY THE STATE DOT Any approval or related responsibility not listed in Attachment A cannot be assumed by the State without prior concurrence by FHWA Headquarters. The following is a list of the most frequently-occurring approvals and related responsibilities that may not be assumed by the State DOT: • Civil Rights Program approvals; • Environmental approvals, except those specifically assumed under other agreements. (23 U.S.C. 326 and 327; programmatic categorical exclusion agreements); • Federal air quality conformity determinations required by the Clean Air Act; • Approval of current xxxx and final vouchers; • Approval of federally-funded hardship acquisition, protective buying, and 23 U.S.C. 108(d) early acquisition; • Project agreements and modifications to project agreements and obligation of funds (including advance construction); • Planning and programming pursuant to 23 U.S.C. 134 and 135; • Special Experimental Projects (SEP-14 and SEP-15); • Use of Interstate airspace for non-highway-related purposes; • Any Federal agency approval or determination under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act), as amended, and implementing regulations in 49 CFR Part 24; • Waivers to Buy America requirements; • Approval of Federal participation under 23 CFR 1.9(b); • Provide pre-approval for preventive maintenance project (until FHWA concurs with State DOT procedures); • Requests for credits toward the non-Federal share of construction costs for early acquisitions, donations, or other contributions applied to a project; • Functional replacement of property; • Approval of a time extension for preliminary engineering projects beyond the 10-year limit, in the event that actual construction or acquisition of right-of-way for a highway project has not commenced; • Approval of a time extension beyond the 20-year limit for right of way projects, in the event that actual construction of a road on the right-of-way is not undertaken; • Determine need for Coast Guard Permit; • Training Special Provision – Approval of New Project Training Programs; and • Any other approval or activity not specifically identified in Attachment A unless otherwise approved by the FHWA, including the Office of Chief Counsel.
FEDERAL APPROVALS. The Parties agree that the Tribe shall, within one week of its execution by the Parties, submit this Agreement to the Bureau of Indian Affairs (“BIA”) for a determination as to whether this Agreement needs the approval of the BIA, pursuant to 25 U.S.C. Section 81. If the BIA determines that its approval is necessary, the Parties shall do all things reasonably necessary, in an expeditious and continuously diligent manner, to obtain BIA approval of this Agreement. If the BIA determines that its approval is necessary, but that it will not approve this Agreement unless modifications are made to this Agreement, the Parties shall immediately commence negotiations for a reasonable period of time, not to exceed sixty (60) days, for the purpose of negotiating language that is mutually agreeable to the Parties that can be substituted for the objectionable language in this Agreement and that would result in the Parties obtaining the BIA approval necessary to make this Agreement a binding and legally enforceable contract.
FEDERAL APPROVALS. Bancorp will use its best efforts to promptly obtain, at or before the Closing, all regulatory consents, approvals and authorizations from the Board of Governors of the Federal Reserve System as are necessary for it to become a bank holding company, to retain Buyer as a wholly owned subsidiary of a bank holding company and to carry out and consummate the transactions contemplated herein and as set forth in Bancorp’s S-4.
