Request for Appropriation. To the extent permitted by law, the Town covenants and agrees as follows:
(a) During the term of this Lease, the Town covenants and agrees (i) to include in its annual tentative budget prepared by the appropriate officials acting on behalf of the Town in accordance with applicable law an item for expenditure of an amount necessary (after taking into account any moneys then legally available for such purpose, including but not limited to such revenues and receipts, if any, as may be generated by the Town’s operation or subleasing of the Project) to pay the Base Rentals and reasonably estimated Additional Rentals (calculated as provided herein) for the Project during the next succeeding Renewal Term, and (ii) to take such further action (or cause the same to be taken) as may be necessary or desirable to assure that the final budget submitted to the governing body of the Town for its consideration seeks an appropriation of moneys sufficient to pay such Base Rentals and Additional Rentals for each such Renewal Term, including all such actions for such purpose as may be required under the Uniform Fiscal Procedures Act, Title 17, Chapter 36, Utah Code Annotated 1953, as amended (the “Uniform Fiscal Procedures Act”). The first such inclusion in the Town’s annual tentative budget shall be made under applicable law in the fiscal year prior to the fiscal year commencing January 15, 2025, so that the Base Rentals payable during such Renewal Term and the reasonably estimated Additional Rentals payable during such Renewal Term will have been appropriated for such purpose, and subsequent inclusions in each respective tentative budget for appropriations by the Town shall be made in each fiscal year thereafter so that the Base Rentals to be paid during the succeeding Renewal Term and Additional Rentals payable during such Renewal Term will be available for such purposes as long as the governing body of the Town determines to approve such amount in the final budget as adopted.
(b) To effect the covenants set forth in (a) above, the Town hereby directs its “budget officer” (as such term is defined in the Uniform Fiscal Procedures Act, or any other officer at the time charged with the responsibility of formulating budget proposals) to include in the tentative budget prepared annually by such budget officer or other officer and submitted to the governing body of the Town, in any year in which this Lease is in effect, items for all payments required for the ensuing Renewal Ter...
Request for Appropriation a. After completion of NEPA and prior to sending the formal Request for Appropriation to BLM, ADOT will send notification to, preferably via email, the FHWA Realty Officer requesting concurrence that the BLM-managed lands are needed for the project. The notification and concurrence may include a request for more than one project. (Illustration VI-2 or VI-3 for linear or material site rights-of-way, respectively).
b. The FHWA Realty Officer will reply to ADOT’s request, preferably via email, either concurring or not concurring to the determination of public necessity for the project (Illustration VI-4 or VI-5 for linear or material site rights-of-way, respectively).
c. ADOT will submit directly to the appropriate BLM Field Office, with a copy to FHWA, the formal Request for Appropriation consistent with 23 C.F.R. Section 710, Subpart F. ADOT will use the standard letter (Illustration VI-6 or VI-7 for linear or material site rights-of-way, respectively) for requesting appropriation of linear or material site rights-of-way and any associated haul/access roads. The Request for Appropriation will identify both the permanent easement and any temporary construction easements (TCE) necessary for the project.
d. A complete Request for Appropriation will consist of the appropriate letter (Illustration VI-6 or VI-7 for linear or material site rights-of-way, respectively) accompanied by the following:
(1) Reference to the final, approved NEPA document by name and date, for the project, a copy of which will have already been provided to the BLM Project Manager.
(2) Right-of-Way Plans for linear rights-of-way; plat maps and mining and reclamation plan for material site rights-of-way; 16 MOU No. AZ-931-0309
(3) Highway Easement Deed (HED) with legal description of the requested permanent right-of-way and separate description of temporary construction areas; and
(4) A copy of the email from FHWA to ADOT (Illustration VI-4 or VI-5 for linear or material site rights-of-way, respectively) concurring that the lands are necessary for the project.
e. The BLM Project Manager will acknowledge receipt of the formal Request for Appropriation within 30 days, as follows:
(1) If the package is incomplete, the BLM Project Manager will send notification, preferably via an email, to ADOT, with copy to FHWA, to state the package is incomplete and identify what is missing.
(2) If the package is complete, BLM will follow the procedures in VI.F.2 or 4 below.
