Good Neighbor Authority Sample Clauses

Good Neighbor Authority. As we discussed in the last issue of Legal Briefs for the Timber Industry, the 2014 Farm Bill (P.L. 113-79) authorized the Secretary of Agriculture (as well as the Secretary of the Interior) to enter into so-called Good Neighbor Agreements (GNA) with state governors. More specifically, § 8206 of P.L. 113-79, as supplemented by P.L. 113-76, authorizes the Secretary, via cooperative agreement or contract, as appropriate, to enter into a good neighbor agreement whereunder the State shall perform watershed restoration and protection services on National Forest System lands. The agreement may also (a) authorize the State to serve as the agent for the Forest Service in providing all services necessary to facilitate the performance of watershed restoration and protection services, and (b) permit the services to be performed to be conducted with subcontracts utilizing State contract procedures, i.e., with State timber sale procedures. The statute specifically provides that subsections (d) and (g) of Section 14 of the National Forest Management Act of 1976 (NFMA), i.e., 16 U.S.C. § 472a (d) and (g), relating to advertising sales of federal timber and marking the timber to be cut, do not apply to services to be performed by the State under the cooperative agreement or contract. Notably it does not, however, exempt Good Neighbor Agreements from other sections of the NFMA and its implementing regulations. That said, a State’s performing work on federal land that is normally done by the federal government (usually by awarding timber sale contracts) is, to say the least, unusual. Indeed, because, under such an arrangement, the State is being asked to perform what logically and historically is, and in substantial respects remains, a federal function, the Forest Service’s simply turning over such a project for the State to run with is an open invitation to litigation. Additionally, in those instances where the State is not merely a cooperator/collaborator with the Forest Service, but rather its full-blown agent, the State will stand squarely in the Forest Service’s shoes. Because it is hard to see how the Forest Service can, except as specifically provided for by statute or regulation, shed responsibilities and requirements imposed by statute/regulation, as the Forest Service’s agent, at least some of those responsibilities and requirements will fall on the State. This would almost certainly include the requirement for any dispute under the GNA timber sale contract (or at...
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Good Neighbor Authority. The USDA Forest Service and the Tennessee Department of Agriculture Division of Forestry (TDF) have entered into a Good Neighbor Authority (GNA) master agreement to help conserve, protect and manage natural resources in the Cherokee National Forest. The intent of GNA is to allow the State to perform forest management activities on National Forest System Lands. The Agricultural Act of 2014 (Farm Xxxx) authorizes the Secretary of Agriculture and the Secretary of Interior to enter into agreements with states to carry out authorized restoration services on certain federal lands. Taking care of America’s lands and natural resources is a big job. No single organization can do it alone. The Good Neighbor Authority: Provides the ability to work across jurisdictional boundaries and treat the landscape in a mixed ownership setting i.e., all lands approach to landscape restoration. Fosters a collaborative approach to address land management challenges Provides the ability to leverage state resources to increase capacity to accomplish work on National Forest System lands Provides the opportunity to strengthen the Federal/State partnership What Does the Agreement Do?  The agreement allows the TDF to perform forest management services in the Cherokee National Forest.  The agreement carries a five year term that allows the Forest Service to work with TDF to develop and accomplish a variety of projects.  Projects that can be accomplished under the agreement include watershed restoration and protection, forest health thinning, prescribed fire, forest planning, wildlife management and timber harvesting preparation.  In exchange, the TDF can receive reimbursement for the work and receive added benefits of on-the-job skills training and experience for employees.  Sometimes federal and state agencies have different constraints, requirements and guiding documents, but when it comes to on-the-ground management of our forests federal and state agencies can work together in the land’s best interest. June 11, 2019 On June 11, State Forester Xxxxx Xxxxxx and Cherokee National Forest Supervisor XxXxx Xxxxxx signed a Good Neighbor Authority Master Agreement. The master agreement sets the framework for doing work in the future. As funds are available and specific projects have been identified the Forest Service and TDF will work together to accomplish mutual natural resource objectives under the Good Neighbor Authority. Tennessee State Forester Xxxxx Xxxxxx (L) and XxXxx Xxxxxx Fo...
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Good Neighbor Authority. 17 Section 8206 of the Agricultural Act of 2014 (16 18 U.S.C. 2113a) is amended— 19 (1) in subsection (a)(4)(A)— 20 (A) in clause (ii), by striking ‘‘and’’ at the 21 end; 22 (B) by redesignating clause (iii) as clause 23 (iv); 24 (C) by inserting after clause (ii) the fol- 25 lowing: 1 ‘‘(iii) activities conducted under sec- 3 tion Act of 2003;’’;
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Related to Good Neighbor Authority

  • PROPER AUTHORITY Each Party represents and warrants that the person executing this Contract on its behalf has full power and authority to enter into this Contract.

  • Developer Authority Consistent with Good Utility Practice and this Agreement, the Developer may take whatever actions or inactions with regard to the Large Generating Facility or the Developer Attachment Facilities during an Emergency State in order to (i) preserve public health and safety, (ii) preserve the reliability of the Large Generating Facility or the Developer Attachment Facilities, (iii) limit or prevent damage, and (iv) expedite restoration of service. Developer shall use Reasonable Efforts to minimize the effect of such actions or inactions on the New York State Transmission System and the Connecting Transmission Owner’s Attachment Facilities. NYISO and Connecting Transmission Owner shall use Reasonable Efforts to assist Developer in such actions.

  • EMPLOYER AUTHORITY 3.1 The employer retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this Agreement.

  • Good Standing and Government Compliance Borrower shall maintain its and each of its Subsidiaries’ organizational existence and good standing in the Borrower State, shall maintain qualification and good standing in each other jurisdiction in which the failure to so qualify could reasonably be expected to have a Material Adverse Effect, and shall furnish to Bank the organizational identification number issued to Borrower by the authorities of the jurisdiction in which Borrower is organized, if applicable. Borrower shall meet, and shall cause each Subsidiary to meet, the minimum funding requirements of ERISA with respect to any employee benefit plans subject to ERISA. Borrower shall comply in all material respects with all applicable Environmental Laws, and maintain all material permits, licenses and approvals required thereunder where the failure to do so could reasonably be expected to have a Material Adverse Effect. Borrower shall comply, and shall cause each Subsidiary to comply, with all statutes, laws, ordinances and government rules and regulations to which it is subject, and shall maintain, and shall cause each of its Subsidiaries to maintain, in force all licenses, approvals and agreements, the loss of which or failure to comply with which would reasonably be expected to have a Material Adverse Effect.

  • Commissioner or Authorized User Contractor further warrants, covenants and represents that any confidential information obtained by Contractor, its agents, Subcontractors, officers, distributors, resellers or employees in the course of performing its obligations, including without limitation, security procedures, business operations information, or commercial proprietary information in the possession of the State or any Authorized User hereunder or received from another third party, will not be divulged to any third parties. Contractor shall not be required to keep confidential any such material that is publicly available through no fault of Contractor, independently developed by Contractor without reliance on confidential information of the Authorized User, or otherwise obtained under the Freedom of Information Act or other applicable New York State laws and regulations. This warranty shall survive termination of this Contract. Contractor further agrees to take appropriate steps as to its agents, Subcontractors, officers, distributors, resellers or employees regarding the obligations arising under this clause to insure such confidentiality.

  • Authorization of Governmental Authorities No action by (including any authorization, consent or approval), in respect of, or filing with, any governmental authority or regulatory body is required for, or in connection with, the valid and lawful authorization, execution, delivery and performance by it of this Agreement, subject to, in the case of the Debtors, the entry by the Bankruptcy Court of the Approval Order.

  • Power; Authority It has all requisite power and authority to enter into this Agreement, to perform its obligations hereunder and to consummate the transactions contemplated hereby. The execution, delivery and performance of this Agreement, the purchase of the Transferred Assets and the consummation of the transactions provided for herein have been duly authorized by all necessary action on the part of the Buyer. This Agreement has been duly executed and delivered by the Buyer and constitutes the legal, valid and binding obligation of the Buyer enforceable against the Buyer in accordance with its terms, except as such enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights and by general principles of equity (whether applied in a proceeding at law or in equity).

  • Territorial application As regards the Kingdom of the Netherlands, the present Agreement shall apply to the part of the Kingdom in Europe, to the Netherlands Antilles and to Aruba, unless the notification provided for in Article 14, paragraph (1) provides otherwise.

  • Corporate and Governmental Authorization; Contravention The execution, delivery and performance by the Borrower of this Agreement and the Notes are within the Borrower's corporate powers, have been duly authorized by all necessary corporate action, require no action by or in respect of, or filing with, any Governmental Agency and do not contravene, or constitute a default under, any provision of applicable law or regulation or of the certificate of incorporation or by-laws of the Borrower or of any agreement, judgment, injunction, order, decree or other instrument binding upon the Borrower or result in the creation or imposition of any Lien on any asset of the Borrower or any of its Subsidiaries.

  • Arbitrator Authority The arbitrator shall have the sole and exclusive authority to determine whether a dispute, claim or cause of action is subject to arbitration under this Section and to determine any procedural questions which grow out of such disputes, claims or causes of action and bear on their final disposition.

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