Common use of SNPLMA Division Approval Thresholds Clause in Contracts

SNPLMA Division Approval Thresholds. The SNPLMA Division has the authority to approve modification requests by signature of the Assistant District Manager, SNPLMA Division, limited to the following approval thresholds:  Time extensions adding up to 1 year to the original period of performance.  Final one-time extensions of no more than 90 days to complete final steps of the project (e.g., close out a contract, conduct final inspection , receipt of “Notice of Completion and Release of Claims,” etc.) and prepare and submit a closeout package.  Initial changes in the size or quantity of a Primary or Anticipated deliverable from what was stated in the nomination based on completion of the studies, analyses, monitoring, surveys, or reports identified in the nomination as affecting these aspects of the project. (If the changes require additional time or funds, approval authority will be based on time and funding approval thresholds.)  Minor changes in size or quantity (less than 10 percent), and siting, or configuration of primary or anticipated deliverables from what was described in the nomination: o After initially determined and documented in the workplan based on the results of studies, reports etc. that were identified in the nomination; o Where the nomination did not indicate that these factors were dependent upon the results of certain studies, analyses, or reports; or o Where changes in quantity of acres or water rights to be acquired under an environmentally sensitive land acquisition are more than 1 percent but less than 10 percent or are not sufficient to result in a change in the value if already appraised, and changes do not negatively impact the resources to be acquired.  Add standard deliverables that require additional time within the time extension approval threshold of the Division.  Use of contingency funds up to a maximum of the percent approved by the Secretary (generally 10 percent). The standard operating procedure for the SNPLMA Division will be to provide a decision within two weeks from the date of a complete submission. PWG and EC members receive an electronic copy of all SNPLMA Division approvals. If no objection is received from any member of the PWG or EC within seven (7) calendar days, the decision of the SNPLMA Division shall be deemed final. If an objection is received which cannot be resolved by providing additional information, the SNPLMA Division will forward the request through the PWG to the EC for a final decision.

SNPLMA Division Approval Thresholds. ‌ The SNPLMA Division ADM has the authority to approve the majority of project modification requests submitted.150 Such modifications include, but are not limited to:151 • Time extensions not to exceed one (1) year beyond the standard timeframe or longer timeframe approved in the nomination (see Section V.A.9) .152 150 Unless otherwise noted, the changes in this section are in accordance with the EC decision memorandum signed on 1/15/2014. 151 An expanded list of examples of modifications that can be approved by signature the SNPLMA ADM was approved by the EC in a decision memorandum signed on 5/4/2018. 152 The authority for the SNPLMA Division to approve up to one year time extensions was approved by the EC in its meeting on 6/6-7/2006 and included in the 6/7/2006 version of the Assistant District Manager, SNPLMA Division, limited to IA which included the following initial approval thresholds:  Time extensions adding up to 1 year to the original period of performance.  Final one• One-time extensions extension of no more than 90 days to complete final steps of the project (e.g., close out a contract, conduct final inspection inspection, receipt of “Notice of Completion and Release of Claims,” etc.) and prepare and submit a closeout package.  Initial changes package.153 • Changes in scope not specifically identified for approval by the size or quantity of a Primary or Anticipated deliverable from what was stated EC in the nomination based on completion of the studiesparagraph 2 below, analyses, monitoring, surveys, or reports identified in the nomination as affecting these aspects of the project. (If the changes that do not require additional time or funds, beyond the ADM one-year extension approval authority will be based on time and funding approval thresholds.)  Minor changes in size or quantity (less than 10 percent)authority, and sitingdo not require additional funds. Examples include, but are not limited to: o Changes to the final determination of siting or configuration of a primary or anticipated deliverables from deliverable:  After notification of the final determination was provided to the SNPLMA Division and documented in the project work plan;  From what was described in the nomination: o After initially determined and documented in the workplan based on the results of studies, reports etc. that were identified in the nomination; o Where approved nomination where the nomination did not indicate that these factors were dependent upon the results of certain studies, analyses, surveys, monitoring, or reports. o Changes up to 20 percent in the size or quantity of a primary or anticipated deliverable from what was described in the approved nomination and documented in the project work plan:  As the result of completion of studies, analyses, surveys, monitoring, or reports identified in the nomination;  Where the approved nomination did not indicate that these factors were dependent upon the results of certain studies, analyses, surveys, monitoring, or reports. o Where changes Removal of any anticipated deliverable after previously designating it for inclusion in the project based on the approved nomination or based on the results of completed studies, analyses, surveys, monitoring, or reports identified in the approved nomination and documenting the anticipated deliverables in the project work plan. o Changes in quantity of acres or water rights to be acquired under an environmentally sensitive a land acquisition are (environmentally sensitive, PTNA or MSCHP) that is more than 1 one (1) percent but less than 10 do not exceed 20 percent or are not sufficient to result in a change in the value if already appraised, and changes that do not negatively impact the environmentally sensitive resources being acquired or that do not negatively impact the ability to be acquiredcomplete the anticipated project for which the land is being acquired under PTNA or MSHCP.  o Add standard deliverables that require additional time within the one-year time extension approval threshold of the SNPLMA Division.  • A change to a milestone date contained in an approved conditional time extension provided that the change in the milestone date does not extend the project end date as identified in the conditional approval decision memorandum. • Use of contingency funds up to a maximum of the percent approved by the Secretary (generally 10 percent). Approval in writing sits with the SNPLMA Program Manager; no decision memorandum required. (See Section VII.E regarding use of contingency amounts).154 153 The 120-day advance submittal rule and the authority to waive it under this circumstance was approved by the EC in a decision memorandum signed on 9/3/2010. 154 The section on contingency funds including the purpose, process, and approval was authorized by the EC in a 9/8/2009 decision memorandum. The standard operating procedure for the SNPLMA Division will be to provide a decision within two weeks from the date of a complete submission. PWG and EC members receive an electronic copy of all SNPLMA Division approvals. If no objection is received from any member of the PWG or EC within seven (7) calendar days, the decision of the SNPLMA Division shall be deemed final. If an objection by an EC member is received which that cannot be resolved by the SNPLMA Division providing additional information, the SNPLMA Division ADM, in consultation with the EC Chair, will determine whether an internal EC call is warranted, and, if so, will make every attempt to schedule said call as quickly as possible in order to review the decision on the modification request. If the EC overturns the SNPLMA ADM decision, it will do so by adding an alternate decision to the original decision memorandum, which will be signed by the EC Chair. After the above process is complete and the requesting agency/entity has received an electronic copy of the signed decision memorandum from the SNPLMA Division, if the agency/entity does not agree with the SNPLMA ADM decision and/or EC decision, it may choose to elevate its concerns to the EC. To elevate the decision, the entity should electronically submit a request for reconsideration of the proposed modification on agency letterhead signed by the authorized agency/entity manager, to the SNPLMA ADM within 14 days of the decision memorandum being transmitted to the agency/entity. The letter should state why the entity believes the project modification is allowable under the IA and why the entity disagrees with the ADM decision. The entity should include with the letter: • A copy of the signed decision memorandum; • A copy of the original request submitted by the entity; and • Any other pertinent information the entity believes is important for the EC to consider as part of the request for reconsideration. The SNPLMA ADM will forward the request through information electronically to the PWG Chair (the BLM Nevada Deputy State Director, Natural Resources, Lands and Planning) with copies to the SNPLMA Program Manager and the Special Legislation Program Manager. The PWG Chair will review the elevation request, the decision memorandum, and any additional information; conduct additional fact finding if necessary; and provide the information to the EC for a final within 14 calendar days of receipt of the reconsideration request. The EC will have 14 calendar days to sustain or overturn the SNPLMA ADM decision.. If the EC overturns the SNPLMA ADM decision, it will do so by adding an alternate decision to the original decision memorandum, which will be signed by the EC Chair.155

SNPLMA Division Approval Thresholds. The SNPLMA Division has the authority to approve modification requests by signature of the Assistant District Manager, SNPLMA Division, limited to the following approval thresholds:  • Time extensions adding up to 1 year to the original period of performance.  • Final one-time extensions of no more than 90 days to complete final steps of the project (e.g., close out a contract, conduct final inspection , receipt of “Notice of Completion and Release of Claims,” etc.) and prepare and submit a closeout package.  • Initial changes in the size or quantity of a Primary or Anticipated deliverable from what was stated in the nomination based on completion of the studies, analyses, monitoring, surveys, or reports identified in the nomination as affecting these aspects of the project. (If the changes require additional time or funds, approval authority will be based on time and funding approval thresholds.)  • Minor changes in size or quantity (less than 10 percent), and siting, or configuration of primary or anticipated deliverables from what was described in the nomination: o After initially determined and documented in the workplan based on the results of studies, reports etc. that were identified in the nomination; o Where the nomination did not indicate that these factors were dependent upon the results of certain studies, analyses, or reports; or o Where changes in quantity of acres or water rights to be acquired under an environmentally sensitive land acquisition are more than 1 percent but less than 10 percent or are not sufficient to result in a change in the value if already appraised, and changes do not negatively impact the resources to be acquired.  • Add standard deliverables that require additional time within the time extension approval threshold of the Division.  • Use of contingency funds up to a maximum of the percent approved by the Secretary (generally 10 percent). The standard operating procedure for the SNPLMA Division will be to provide a decision within two weeks from the date of a complete submission. PWG and EC members receive an electronic copy of all SNPLMA Division approvals. If no objection is received from any member of the PWG or EC within seven (7) calendar days, the decision of the SNPLMA Division shall be deemed final. If an objection is received which cannot be resolved by providing additional information, the SNPLMA Division will forward the request through the PWG to the EC for a final decision.