Common use of Federal and State Law Mandates Clause in Contracts

Federal and State Law Mandates. ‌ The Federal Oil Pollution Act of 1990, incorporated into the National Contingency Plan, requires that a Fish and Wildlife and Sensitive Environment Plan be developed in consultation with USFWS, the National Oceanic and Atmospheric Administration (NOAA), and other interested parties, including state fish and wildlife agencies (33 United States Code [USC]§ 1321(d)(2)(M)). The plan must include “immediate and effective protection, rescue, rehabilitation of, and the minimization of risk of damage to fish and wildlife resources and habitat that are harmed or that may be jeopardized by a discharge.” Additionally, 40 CFR 300, Section 300.210(c)(4) sets forth the requirements for this plan as an annex to Area Contingency Plans. This Wildlife Response Plan has been written in conjunction with other sections of the NWACP to address the federal requirements. Certain other federal and state laws also apply to oil spill response.

Federal and State Law Mandates. ‌ The Federal Oil Pollution Act of 1990, incorporated into the National Contingency Plan, requires that a Fish and Wildlife and Sensitive Environment Plan be developed in consultation with USFWS, the National Oceanic and Atmospheric Administration (NOAA), and other interested parties, including state fish and wildlife agencies (33 United States Code [USC]§ 1321(d)(2)(M)). The plan must include “immediate and effective protection, rescue, rehabilitation of, and the minimization of risk of damage to fish and wildlife resources and habitat that are harmed or that may be jeopardized by a discharge.” Additionally, 40 CFR 300, Section 300.210(c)(4) sets forth the requirements for this plan as an annex to Area Contingency Plans. This Wildlife Response Plan has been written in conjunction with other sections of the NWACP to address the federal requirements. Certain other federal and state laws also apply to oil spill response. Of particular concern is compliance with the Migratory Bird Treaty Act, the Marine Mammal Protection Act (MMPA), the Endangered Species Act (ESA), and state wildlife rehabilitation rules.