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. 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;’’;
Sample 1
Good Neighbor Authority. Purpose The primary goal of GNA is to increase the pace and scale of restoration at a watershed scale and to strengthen partnerships between state, tribal, county and federal agencies to get more done across jurisdictional boundaries. GNA was authorized in the 2014 Farm Bill with amendments made in the 2018 Farm Bill.
Sample 1
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.
Sample 1

Related to Good Neighbor Authority

  • Proper Authority Each Party represents and warrants that the person executing this Grant Agreement on its behalf has full power and authority to enter into this Grant Agreement.

  • 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 5.1 The Employer retains the full and unrestricted right to operate and manage all human resources, 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. 5.2 Any term and condition of employment not specifically established or modified by this agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate.

  • 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.

  • 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 This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applied, and under the conditions laid down in that Treaty and, on the other hand, to the territory of the United States.

  • Corporate and Governmental Authorization; Contravention The execution, delivery and performance by each Obligor of this Agreement and the other Credit Documents to which it is a party are within such Obligor’s corporate, limited liability or partnership powers, have been duly authorized by all necessary corporate, limited liability company or partnership action, require no action by or in respect of, or filing with, any governmental body, agency or official (except such as have been completed or made and are in full force and effect) and do not contravene, or constitute a default under, any provision of (x) applicable law or regulation, (y) the articles of incorporation or by-laws or other constituent documents of such Obligor or (z) any material agreement, judgment, injunction, order, decree or other instrument binding upon any Obligor or any Material Subsidiary or result in the creation or imposition of any Lien on any asset of any Obligor or any Material Subsidiary, except in each case referred to in the foregoing clauses (x) and (z) to the extent such contravention or default, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

  • 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.

  • Consents and Approvals of Governmental Authorities No consent, approval, or authorization of, or declaration, filing, or registration with, any governmental or regulatory authority is required to be made or obtained by the Seller in connection with the execution, delivery, and performance of this Agreement or any of the other Acquisition Documents by the Seller.

Most Referenced Clauses

Most Referenced Definitions