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.
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)).
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.
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.
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).
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 ...
