Common use of USACE Clause in Contracts

USACE. 1 a. USACE is responsible for review of project submittals and will participate in 2 consultation according to the timeframes defined in Stipulation II and otherwise 3 stipulated within this Agreement. 4 b. USACE is responsible for notifying FRA of any comments or concerns regarding the 5 Undertaking expressed by Consulting Tribes or Consulting Parties. 6 c. USACE is responsible for maintaining an administrative record of actions related to 7 the Agreement and Section 106 compliance for the Undertaking specific to their 8 agency. 9 d. USACE is responsible for issuing permit(s) or permissions to the Project Sponsor for 10 the construction of the Project for their Undertaking. 11 e. USACE has authority to execute, amend, and/or terminate this Agreement. 12 13 C. Other Federal Agencies 14 15 1. Federal agencies that have some involvement in the Project which requires compliance 16 with Section 106 and that do not designate FRA as the lead Federal agency remain 17 individually responsible for their compliance with Section 106. 18 19 D. Consulting Parties and Consulting Tribes 20 21 1. Consulting Parties and Consulting Tribes include those individuals or entities identified 22 in Attachment 4 that have a demonstrated interest in the Project due to the nature of their 23 legal or economic relation to the Project or affected properties, or their concern with the 24 Project’s effects on historic properties. 25 26 2. Consulting Parties and Consulting Tribes in Attachment 4 have been provided the 27 opportunity to actively participate in the development of this Agreement and will assist in 28 the resolution of adverse effects pursuant to this Agreement. 29 30 3. If a Consulting Party or Consulting Tribe does not provide written comments within the 31 timeframes defined in Stipulation II and otherwise stipulated within this Agreement, FRA 32 and the Project Sponsor will proceed to the next step in the review process without taking 33 additional steps to seek comments from such party. 34 35 4. Pursuant to 36 C.F.R. § 800.6(c)(3), Consulting Parties and Consulting Tribes are invited 36 to sign this Agreement as Concurring Parties. However, the refusal of any Consulting 37 Party or Consulting Tribe to concur does not invalidate or affect the effective date of this 38 Agreement. Consulting Parties or Consulting Tribes who choose not to sign this 39 Agreement as a Concurring Party will continue to receive and have an opportunity to 40 review and comment upon documents pursuant to the Agreement once executed. 41 42 IV. PROFESSIONAL QUALIFICATIONS STANDARDS 43 44 FRA and the Project Sponsor will ensure that all actions prescribed by this Agreement are carried out 45 by, or under the direct supervision of, qualified professional(s) who meet the appropriate standards in 46 the applicable disciplines as outlined in the Secretary of the Interior's Professional Qualifications 47 Standards (SOI PQS)(48 Fed. Reg. 44716, 44738 (Sept. 29, 1983). However, this stipulation may not 48 be interpreted to preclude FRA, the Project Sponsor, or any agent or contractor thereof from using 1 properly supervised personnel, including Tribal monitors designated by the Consulting Tribes, who 2 do not meet the SOI PQS. 3