Common use of BACKGROUND AND OBJECTIVES Clause in Contracts

BACKGROUND AND OBJECTIVES. A. This Cooperative agreement (hereinafter called Agreement) between the U.S. Geological Survey, National Park Service, U.S. Fish and Wildlife Service, Natural Resources Conservation Service, and U.S. Army Corps of Engineers – Civil Works (hereinafter called Federal Agencies), and the University of Rhode Island and its partner institutions is a continuation for a five (5) year term to provide for the operation and maintenance of the North Atlantic Coast Cooperative Ecosystem Studies Unit (CESU). This continuation of the North Atlantic Coast CESU is implemented by mutual consent of the parties and is consistent with the prior Agreement and the express intent of the request for proposals for that Agreement. The North Atlantic Coast CESU is associated with a national network of CESUs. B. The objectives of the North Atlantic Coast Cooperative Ecosystem Studies Unit are to:  Provide research, technical assistance and education to federal land management, environmental and research agencies and their potential partners;  Develop a program of research, technical assistance and education that involves the biological, physical, social, and cultural sciences needed to address resource issues and interdisciplinary problem-solving at multiple scales and in an ecosystem context at the local, regional, and national level; and  Place special emphasis on the working collaboration among federal agencies and universities and their related partner institutions. C. The U.S. Geological Survey (hereinafter called USGS) serves the Nation by providing reliable scientific information to describe and understand the Earth, minimize the loss of life and property from natural disasters, manage water, biological, energy, and mineral resources, and enhance and protect our quality of life. In accordance with 31 USC 6302 et seq., 16 USC 1a-2j, 16 USC 5933 and Secretarial Order No. 3202, the USGS is authorized to enter into a cooperative agreement to continue the North Atlantic Coast CESU to assist in providing research, technical assistance and education. D. The National Park Service (hereinafter called NPS) is responsible for the management of areas in the National Park System to conserve the scenery, the natural and historic objects, and the wildlife therein and to provide for the enjoyment of the same in such a manner and by such means as will leave them unimpaired for the enjoyment of future generations (16 USC 1 et seq.). In accordance with 16 USC 1a-2j and 16 USC 5933, the NPS is authorized to enter into a cooperative agreement to continue the North Atlantic Coast CESU to assist in providing research, technical assistance and education. E. The U.S. Fish and Wildlife Service (hereinafter call USFWS) working with others, is responsible for conserving, protecting, and enhancing fish, wildlife, plants and their habitats for the continuing benefit of the American people through Federal programs related to migratory birds, endangered species, interjurisdictional fish and marine mammals, and inland sport fisheries. In accordance with the Fish and Wildlife Act of 1956 (16 USC 742f), the USFWS is authorized to enter into the cooperative agreement to continue the North Atlantic Coast CESU to assist in providing research, technical assistance and education. F. The Natural Resources Conservation Service (hereinafter called NRCS) provides technical assistance to farmers, ranchers, and other private landowners in managing soil, water, animal, plant, air and human resources. NRCS scientists and technical specialists identify appropriate technologies in research and development and transfer them to field staff for implementation. Under 16 USC 590a-f, NRCS is authorized to enter into this cooperative agreement continuing the North Atlantic Coast CESU to assist in providing research, technical assistance and education. G. The US Army Corp of Engineers – Civil Works (hereinafter called USACE-CW) provides assistance in the development and management in the nation’s water resources. The main missions of USACE-CW, i.e., the Corps, are 1) to facilitate commercial navigation, 2) to protect citizens and their property from flood and storm damages, and 3) to protect and restore environmental resources. The Corps carries out most of its work in partnership with Tribal, state and local governments and other non-federal entities. The Corps must rely upon using the best available science in the evaluation of water resources needs and in the development of recommendations for water resource management. The university and scientific advances will assist the Corps in reaching sound, scientifically based decisions. In accordance with 10 USC 2358, USACE-CW is authorized to enter into the cooperative agreement with the North Atlantic Coast CESU enabling the USACE- CW to receive direct scientific support from regional CESU members under agreement number # W912HZ-08-2-0007 for a cumulative amount not-to-exceed $25,000,000.00. USACE-CW is authorized to cooperate with other agencies in accordance with Title 33 USC 2323a and 10 USC 3036(d). H. The University of Rhode Island (hereinafter called Host University) is one of the nation's premier academic institutions for the study of coastal ecosystems and associated watersheds. There are more than 200 faculty and 40 departments and programs that work in the field of marine, coastal, and environmental research, teaching, or service. The University of Rhode Island hosts a mixture of University programs, federal cooperative partnerships, and major federal laboratories that contribute to a diverse and enriched community all focused on coastal zone ecosystems. I. The partner institutions to the Host University include The Research Foundation of SUNY for Stony Brook University, Rutgers University, University of Maryland Eastern Shore, University of Massachusetts – Amherst, Maryland Coastal Bays Program, The University of Maine, City University of New York, College of the Atlantic, The Research Foundation of State University of New York for SUNY College of Environmental Science and Forestry, and Columbia University in the City of New York (hereinafter called Partner Institutions).

BACKGROUND AND OBJECTIVES. A. This Cooperative agreement and Joint Venture Agreement (hereinafter called Agreement) between the Bureau of Land Management, U.S. Bureau of Reclamation, U.S. Fish and Wildlife Service, U.S. Geological Survey, National Park Service, Bureau of Ocean Energy Management, Regulation and Enforcement, U.S. Fish and Wildlife Forest Service, Natural Resources Conservation Service, and U.S. Army Corps of Engineers – Civil Works Works, and National Oceanic and Atmospheric Administration (hereinafter called Federal Agencies), and the University of Rhode Island Washington and its partner institutions Partner Institutions is a continuation for a five (5) year term to provide for the operation and maintenance of the North Atlantic Coast Pacific Northwest Cooperative Ecosystem Studies Unit (CESU). This continuation of the North Atlantic Coast Pacific Northwest CESU is implemented by mutual consent of the parties and is consistent with the prior Agreement and the express intent of the request for proposals for that Agreement. The North Atlantic Coast Pacific Northwest CESU is associated with a national network of CESUs. B. The objectives of the North Atlantic Coast Pacific Northwest Cooperative Ecosystem Studies Unit are to:  Provide research, technical assistance and education to federal land management, environmental and research agencies and their potential partners;  Develop a program of research, technical assistance and education that involves the biological, physical, social, and cultural sciences needed to address resource issues and interdisciplinary problem-solving at multiple scales and in an ecosystem context at the local, regional, and national level; and  Place special emphasis on the working collaboration among federal agencies and universities and their related partner institutions. C. The Bureau of Land Management (hereinafter called BLM) administers public lands within a framework of numerous laws. The most comprehensive of these is the Federal Land Policy and Management Act of 1976 (FLPMA). All Bureau policies, procedures and management actions must be consistent with FLPMA and the other laws that govern use of the public lands. It is the mission of the Bureau of Land Management to sustain the health, diversity and productivity of the public lands for the use and enjoyment of present and future generations (43 USC 1701 et seq.). In accordance with 43 USC 1737(b), the BLM is authorized to enter into a cooperative agreement to continue the Pacific Northwest CESU to assist in providing research, technical assistance and education. D. The U.S. Bureau of Reclamation (hereinafter called USBR) manages, develops, and protects water and related resources in an environmentally and economically sound manner in the interest of the American public (43 USC Chapter 12). USBR is authorized to enter into certain cooperative agreements in accordance with the authority delegated in 255 DM 14.1, which states that the Commissioner is delegated so much of the authority of the Secretary under the Fish and Wildlife Coordination Act, 16 USC 661 et seq., as is necessary to provide assistance, through grants or cooperative agreements, to public or private organizations for the improvement of fish and wildlife habitat associated with water systems or water supplies affected by Reclamation projects. In accordance with this authority, and also in accordance with the Omnibus Public Land Management Act of 2009 (P.L. 111-11), Subtitle F-Secure Water, Sec 9502, 9504, and 9509, the USBR is authorized to enter into a cooperative agreement to continue the Pacific Northwest CESU to assist in providing research, technical assistance and education. E. The U.S. Fish and Wildlife Service (hereinafter called USFWS) working with others, is responsible for conserving, protecting, and enhancing fish, wildlife, plants and their habitats for the continuing benefit of the American people through Federal programs related to migratory birds, endangered species, interjurisdictional fish and marine mammals, and inland sport fisheries. In accordance with the Fish and Wildlife Act of 1956 (16 USC 742f), the USFWS is authorized to enter into this cooperative agreement to continue the Pacific Northwest CESU to assist in providing research, technical assistance, and education. F. The U.S. Geological Survey (hereinafter called USGS) serves the Nation by providing reliable scientific information to describe and understand the Earth, minimize the loss of life and property from natural disasters, manage water, biological, energy, and mineral resources, and enhance and protect our quality of life. In accordance with 31 USC 6302 et seq., 16 USC 1a-2j, 16 USC 5933 and Secretarial Order No. 3202, the USGS is authorized to enter into a cooperative agreement to continue the North Atlantic Coast Pacific Northwest CESU to assist in providing research, technical assistance and education. D. G. The National Park Service (hereinafter called NPS) is responsible for the management of areas in the National Park System to conserve the scenery, the natural and historic objects, and the wildlife therein and to provide for the enjoyment of the same in such a manner and by such means as will leave them unimpaired for the enjoyment of future generations (16 USC 1 et seq.). In accordance with 16 USC 1a-2j and 16 USC 5933, the NPS is authorized to enter into a cooperative agreement to continue the North Atlantic Coast Pacific Northwest CESU to assist in providing research, technical assistance and education. The National Park Service is also authorized to enter into agreements which provide contributions by the recipient in furtherance of the project, Cost Share Agreements (16 USC 1f). H. Department of the Interior (DOI) Secretarial Order No. 3071 established the Minerals Management Service in 1982 with responsibility for managing the Nation's oil, natural gas, and other mineral resources on the Federal Outer Continental Shelf (OCS) and the mineral revenues from OCS, Federal, and Indian lands as authorized by the OCS Lands Act (OCSLA) (43 USC 1331-1356). Pursuant to DOI Secretarial Order No. 3302 (18 June 2010), the Minerals Management Service was renamed the Bureau of Ocean Energy Management, Regulation and Enforcement (hereafter BOEMRE). The BOEMRE manages the mineral resources on 1.7 billion acres of the OCS to ensure that the U.S. government receives fair market value for acreage made available for leasing and manages any oil and gas activities to conserve resources, operate safely, and protect the coastal and marine environment. In addition to OCSLA, numerous laws, but particularly NEPA, provide the basis for environmental assessment and study of impacts associated with OCS related activities. OCSLA Section 1346 mandates the conduct of environmental and socioeconomic studies needed for the assessment and management of environmental impacts on the human, marine, and coastal environments which may be affected by oil and gas or other mineral development. It further states that the Secretary may by agreement utilize, with or without reimbursement, the services, personnel, or facilities of any Federal, State, or local government agency. OCSLA Section 1345 authorizes the use of cooperative agreements with affected States to meet the requirements of OCSLA, including sharing of information, joint utilization of available expertise, formation of joint monitoring arrangements to carry out applicable Federal and State laws, regulations, and stipulations relevant to outer Continental Shelf operations both onshore and offshore. The Energy Policy Act of 2005 amended the OCS Lands Act to give authority to the Department of the Interior to coordinate the development of an alternative energy program on the OCS and also to coordinate the energy and non-energy related uses in areas of the OCS where traditional oil and natural gas development already occurs. BOEMRE may use, as appropriate, the aforementioned authorities for specific activities under this agreement and to enter into this cooperative agreement continuing the Pacific Northwest CESU to assist in providing research, technical assistance and educational services. I. The U.S. Department of Agriculture Forest Service (hereinafter called USFS) mission is to achieve quality land management under the sustainable multiple-use management concept to meet the diverse needs of the people (16 USC 1641-1646). In accordance with 7 USC 3318 (b) the USFS is authorized to enter into a joint venture agreement to continue the Pacific Northwest CESU to assist in providing research, technical assistance and education. E. The U.S. Fish and Wildlife Service (hereinafter call USFWS) working with others, is responsible for conserving, protecting, and enhancing fish, wildlife, plants and their habitats for the continuing benefit of the American people through Federal programs related to migratory birds, endangered species, interjurisdictional fish and marine mammals, and inland sport fisheries. In accordance with the Fish and Wildlife Act of 1956 (16 USC 742f), the USFWS is authorized to enter into the cooperative agreement to continue the North Atlantic Coast CESU to assist in providing research, technical assistance and education. F. J. The Natural Resources Conservation Service (hereinafter called NRCS) provides technical assistance to farmers, ranchers, and other private landowners in managing soil, water, animal, plant, air and human resources. NRCS scientists and technical specialists identify appropriate technologies in research and development and transfer them to field staff for implementation. Under 16 section 714 of P.L. 106-387, 7 USC 590a-f6962a, NRCS is authorized to enter into this cooperative agreement continuing the North Atlantic Coast Pacific Northwest CESU to assist in providing research, technical assistance and education. G. K. The US Army Corp of Engineers – Civil Works (hereinafter called USACE-CW) provides assistance in the development and management in the nation’s water resources. The main missions of USACE-CW, i.e., the Corps, are 1) to facilitate commercial navigation, 2) to protect citizens and their property from flood and storm damages, and 3) to protect and restore environmental resources. The Corps carries out most of its work in partnership with Tribal, state and local governments and other non-federal entities. The Corps must rely upon using the best available science in the evaluation of water resources needs and in the development of recommendations for water resource management. The university and scientific advances will assist the Corps in reaching sound, scientifically based decisions. In accordance with 10 USC 2358, USACE-CW is authorized to enter into the cooperative agreement with the North Atlantic Coast CESU enabling the USACE- CW to receive direct scientific support from regional CESU members under agreement number # W912HZ-08-2-0007 for a cumulative amount not-to-exceed $25,000,000.00. USACE-CW is authorized to cooperate with other agencies in accordance with Title 33 USC 2323a and 10 USC 3036(d). H. The University of Rhode Island (hereinafter called Host University) is one of the nation's premier academic institutions for the study of coastal ecosystems and associated watersheds. There are more than 200 faculty and 40 departments and programs that work in the field of marine, coastal, and environmental research, teaching, or service. The University of Rhode Island hosts a mixture of University programs, federal cooperative partnerships, and major federal laboratories that contribute to a diverse and enriched community all focused on coastal zone ecosystems. I. The partner institutions to the Host University include The Research Foundation of SUNY for Stony Brook University, Rutgers University, University of Maryland Eastern Shore, University of Massachusetts – Amherst, Maryland Coastal Bays Program, The University of Maine, City University of New York, College of the Atlantic, The Research Foundation of State University of New York for SUNY College of Environmental Science and Forestry, and Columbia University in the City of New York (hereinafter called Partner Institutions).U.S.