DEFICIENCY ACT Clause Samples

DEFICIENCY ACT. The VAMC obligations under this MOA are subject to the availability of funds and the stipulations of this MOA are subject to the provisions of the Anti-Deficiency Act (31 USC § 1341). The VAMC will make reasonable and good faith efforts to secure the necessary funds to implement this MOA in its entirety. If compliance with the Anti- Deficiency Act alters or impairs its ability to implement the stipulations of this MOA, the VAMC will consult with SHPO in accordance with the amendment and termination procedures in Stipulations VI and VII.

DEFICIENCY ACT. It is understood that the implementation of this Agreement is subject to applicable Federal and State anti-deficiency statutes.

DEFICIENCY ACT. The Anti-Deficiency Act, 31 U.S.C. §1341, prohibits federal agencies from incurring an obligation of funds in advance of or in excess of available appropriations. Accordingly, the parties agree that any requirement for obligation of funds arising from the terms of this agreement shall be subject to the availability of appropriated funds for that purpose, and that this agreement shall not be interpreted to require the obligation or expenditure of funds in violation of the Anti-Deficiency Act. The USACE shall make reasonable and good faith efforts to secure the necessary funds to implement this Agreement in its entirety. If compliance with the Anti- Deficiency Act alters or impairs the USACE’s ability to implement the stipulations of this agreement, the USACE shall consult in accordance with the amendment and termination procedures found at Stipulations XIII and XIV of this Agreement.

DEFICIENCY ACT. 8.1. The stipulations of this PA are subject to the provisions of the Anti-Deficiency Act. If compliance with the Anti-Deficiency Act alters or impairs [insert name of installation] ability to implement the stipulations of this PA, [insert name of installation] shall consult with the signatories pursuant to Stipulations 9 and 10. [insert name of installation] responsibility to carry out all other obligations under this PA that are not the subject of an Anti-Deficiency Act violation will remain unchanged.

DEFICIENCY ACT. 662 Nothing in this PA shall be construed as obligating the Corps to expend funds in advance or 663 excess of appropriations or for purposes other than for which funds were appropriated in violation of the 664 Anti-Deficiency Act, 31 U.S.C. § 1341. The Corps’ responsibilities under this PA are subject to the 665 availability of funds appropriated for such purposes to the Corps. 666 667 Execution of this PA by the Corps, the Oregon SHPO, and the ACHP, and implementation of its terms, is‌ 668 evidence that the Corps has taken into account the effects of the undertakings to which this PA applies on 669 historic properties and afforded the ACHP an opportunity to comment. 670‌‌ 671 DRAFT 672 673 PROGRAMMATIC AGREEMENT‌‌ 674 AMONG 675 THE UNITED STATES ARMY CORPS OF ENGINEERS PORTLAND DISTRICT, 676 THE OREGON STATE HISTORIC PRESERVATION OFFICER, 677 AND THE ADVISORY COUNCIL ON HISTORIC PRESERVATION 678 REGARDING COMPLIANCE WITH SECTION 106 OF THE 679 NATIONAL HISTORIC PRESERVATION ACT 680 FOR UNDERTAKINGS RELATED TO THE OPERATION AND MAINTENANCE 681 OF THE WILLAMETTE VALLEY PROJECT 682 BENTON, LANE, LINN, AND ▇▇▇▇▇▇ COUNTIES, 683 OREGON 684 685 SIGNATORY:‌ 686 687 U.S. Army Corps of Engineers‌ 688 689 690 ‌‌ Date DRAFT 691 ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, PMP 692 Commander U.S. Army Corps of Engineers, Portland District 693 694 695 PROGRAMMATIC AGREEMENT‌‌ 696 AMONG 697 THE UNITED STATES ARMY CORPS OF ENGINEERS PORTLAND DISTRICT, 698 THE OREGON STATE HISTORIC PRESERVATION OFFICER, 699 AND THE ADVISORY COUNCIL ON HISTORIC PRESERVATION 700 REGARDING COMPLIANCE WITH SECTION 106 OF THE 701 NATIONAL HISTORIC PRESERVATION ACT 702 FOR UNDERTAKINGS RELATED TO THE OPERATION AND MAINTENANCE 703 OF THE WILLAMETTE VALLEY PROJECT 704 BENTON, LANE, LINN, AND ▇▇▇▇▇▇ COUNTIES, 705 OREGON 706 707 SIGNATORY:‌ 708 709 Oregon State Historic Preservation Office‌ 710 711 712 ‌‌ Date DRAFT 713 ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ 714 Deputy State Historic Preservation Officer 715 716 717 PROGRAMMATIC AGREEMENT 718 AMONG 719 THE UNITED STATES ARMY CORPS OF ENGINEERS PORTLAND DISTRICT, 720 THE OREGON STATE HISTORIC PRESERVATION OFFICER, 721 AND THE ADVISORY COUNCIL ON HISTORIC PRESERVATION 722 REGARDING COMPLIANCE WITH SECTION 106 OF THE 723 NATIONAL HISTORIC PRESERVATION ACT 724 FOR UNDERTAKINGS RELATED TO THE OPERATION AND MAINTENANCE 725 OF THE WILLAMETTE VALLEY PROJECT 726 BENTON, LANE, LINN, AND ▇▇▇▇▇▇ COUNTIES, 727 OREGON 728 729 SIGNATORY:‌ 730 731 Advisory Council on Historic Preservation‌ 732 733 734 ‌‌ Date DRAFT 735 [NAME 736 T...

DEFICIENCY ACT. Comment [ACHP-JTE69]: scrub the document to make sure all final cross- references match.

DEFICIENCY ACT. All actions taken by the NPS in accordance with this Agreement are subject to the availability of appropriated funds, and nothing in this Agreement shall be interpreted as constituting a violation of the Anti-Deficiency Act (31 USC 1341). The NPS will make reasonable and good faith efforts to secure the necessary funds to implement this Agreement in its entirety. If compliance with the Anti-Deficiency Act alters or impairs the NPS’s ability to implement the stipulations of this Agreement, the NPS will consult in accordance with the amendment and termination procedures found in Stipulations VIII and IX of this agreement. This Agreement shall become effective on the date the last signatory signs. Execution of this Agreement by the NPS, USGS, SHPO, and the ACHP and implementation of its terms evidence that the NPS has taken into account the effects of this undertaking on historic properties and afforded the ACHP an opportunity to comment.