Xxxxx, Trails, and Natural Areas Sample Clauses

Xxxxx, Trails, and Natural Areas. 1. PTNA Project Perpetual Ownership, Management In addition to perpetual ownership of acquired land and interests in land (see paragraph 5 below), the SNPLMA Assistance Agreements/Cooperative Agreements between the BLM and the local and regional governmental entities require that the governmental entities own and maintain in perpetuity any facilities, trails, or other features which are constructed using SNPLMA funds. This requirement does not prohibit the governmental entities from entering into agreements with third parties to perform necessary and appropriate maintenance of SNPLMA funded PTNA projects. Such agreements, however, cannot give or otherwise transfer ownership of the SNPLMA-funded PTNA project or project elements to a third party nor can such agreements abdicate the local or regional governmental entity’s ultimate responsibility for such maintenance. Commercial, for-profit entities may not operate facilities funded by SNPLMA for a profit. However, local and regional governmental entities may enter into management agreements/contracts with either commercial for-profit entities or non-profit/not-for-profit entities on a fixed fee basis where any excess revenues are retained by the local/regional governmental entity and utilized solely for the operation and maintenance of the SNPLMA funded facility. Similarly, profits from gift shops, snack bars or similar retail enterprises operated directly by the local/regional government entity on or within the SNPLMA- funded facility as well as entrance fees, use fees, and other such fees charged to the public by the local/regional government entity for access and/or use of the SNPLMA funded facility must be utilized solely for the operation and maintenance of the SNPLMA funded facility.53 53 The BLM’s Solicitor provided guidance in 2005 on appropriate use of profits and fees derived from SNPLMA funded PTNA projects and facilities in conjunction with preparing an MOU between the City of North Las Vegas
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Xxxxx, Trails, and Natural Areas 
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