Projects Outside the WSPA Sample Clauses

Projects Outside the WSPA. There is no obligation for any Party to pursue Projects outside of the WSPA. However, a willing Non-Federal Party may propose a Project outside of the WSPA, through the Technical Meeting process outlined in Section IV below, subject to the following: 1. No Project shall occur on any land owned by the United States and (a) managed by the Corps or (b) managed by the Forest Service and subject to a Memorandum of Understanding with the Department of the Army. 2. Written consent of the landowner(s) is required and subject to any conditions set forth by the landowner(s); and 3. Project area, design, cost, and success criteria shall be subject to a separate agreement between the willing Non-Federal Party and landowner(s); and 4. No Project shall be located on any land owned, possessed, or controlled by any Non-Federal Party without the written consent of the respective Non- Federal Party, which consent, and any conditions, such as, but not limited to, offsetting mitigation credits, shall, notwithstanding any limitations set forth in Section VIII below, be in the sole and unreviewable discretion of the Non-Federal Party; and 5. With respect to any lands owned outside the WSPA possessed by any Non-Federal Party of this Agreement that may be used for a Project, the respective owner or possessor of the land retains final authority over the land, and any uses thereon, including any water diversions, and subject to any relevant Management Document, or any applicable federal requirements. If any non-WSPA land owned or possessed by a Non- Federal Party is agreed to be used for any Project, pursuant to this Agreement, the Non-Federal Party owner or possessor of the land agrees to provide reasonable access to the land subject to the following conditions: a. Such use shall be non-exclusive by the Non-Federal Party using the land for the respective Project pursuant to this Agreement; and b. Such use shall not interfere with the Non-Federal Party owner or possessors use of such land; and c. Such use may require a subsequent written agreement and be subject to the Non-Federal Party owner’s or possessor’s governing body’s approval. 6. No Project may be a constraint on the operation of the Dam for FRM or for other operational purposes as specified in the WCM.
Sample 1
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Related to Projects Outside the WSPA

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