ESA and NHPA requirements Clause Samples

The 'ESA and NHPA requirements' clause establishes the parties' obligations to comply with the Endangered Species Act (ESA) and the National Historic Preservation Act (NHPA) in the context of their agreement. This typically involves ensuring that any activities or projects undertaken do not harm protected species or adversely affect historic properties, and may require obtaining necessary permits or conducting environmental and historical reviews. By including this clause, the agreement ensures legal compliance with federal environmental and preservation laws, thereby reducing the risk of regulatory violations and project delays.
ESA and NHPA requirements. All project activities are to be conducted in full compliance with the Endangered Species Act (ESA) and National Historic Preservation Act (NHPA). The project manager shall be responsible for providing the EPA‘s Project Officer all of the necessary documentation to expedite review under ESA and NHPA if required at any time during this project. This information includes, but is not limited to, location of project activities, any threatened or endangered species or habitat which may be affected by the project, whether a site is considered to be of concern by the State Historic Preservation Officer, a list of Tribes who may believe the site or project could disturb cultural resources, and an evaluation as to whether project plans could have adverse effects on endangered species or historic and cultural resources. The contractor will be required to contact local Tribes before digging, sampling, or performing other Phase II assessment work.
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ESA and NHPA requirements. The objective of this subtask is to ensure that all project activities are conducted in full compliance with the Endangered Species Act (ESA) and National Historic Preservation Act (NHPA). The Coalition’s Project Manager shall be responsible for providing the EPA’s Project Officer all of the necessary documentation to expedite review under ESA and NHPA if required at any time during this project. This information includes but is not limited to the location of the project, any threatened or endangered species or habitat which may be affected by the project, whether the site is considered to be of concern by the State Historic Preservation Officer, a list of Tribes who may believe the site or project could disturb cultural resources, and an evaluation as to whether project plans could have adverse effects on endangered species or historic and cultural resources. Since a majority of the proposed sites will be located in the downtown and Legacy Crossing areas, the Coalition expects that the impact of ESA and NHPA review for the project will be minimal. The Coalition will provide the required information for ESA and NHPA review without requesting reimbursement for any expenses. In such case where the Coalition’s selected environmental consultant(s) provides review information as a course of conducting an environmental assessment, those costs will be funded as determined through the Phase I and Phase II assessment sub tasks. Specific milestones and deliverables for this subtask include:  Minimum five (5) completed ESA and NHPA determinations from EPA on sites prior to Phase II assessment activities.
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ESA and NHPA requirements. ESA and NHPA project review requirements may have been satisfied during the TBA process. Further, the site location in mid-town Anchorage, its known site use over the last 50 years, and the recently completed demolition activities at the site suggest that the cleanup project will not be restricted due to ESA or NHPA considerations. However, MOA and/or its contractors will be prepared to assist EPA in further assessing if the project may adversely affect threatened or endangered species, if the site is of interest to the State Historical Preservation Office, or if the site has cultural value to a local Tribal entity. The following preliminary information is presented towards this end. The U.S. Fish and Wildlife Service’s (USFWS) on-line Threatened and Endangered Species database System (TESS) lists 17 species for the state of Alaska, including nine marine mammals, four bird species, three sea turtles, and one plant species. The USFWS’ April 2007 list of “Endangered, Threatened, Proposed, Candidate and De-Listed Species in Alaska” for non-marine species consists of four bird species, one otter, and one plant species. Of these species, only two have designated critical habitat. Critical habitat for the Spectacled eider is described as being in western and northwestern Alaska (Coastal) while the critical habitat for the ▇▇▇▇▇▇▇'▇ ▇▇▇▇▇ also includes southwestern and northern Alaska. Based on this information the project site is therefore not located within a critical habitat for any of the listed threatened or endangered species for Alaska. No funding from Grant Support or Cost Share will be expended for this portion of Task 3.
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ESA and NHPA requirements. In order to assist EPA in meeting requirements under the Endangered Species Act (ESA) and National Historic Preservation Act (NHPA), and to prevent delays in the work plan, City staff with assistance from the EC will provide the following information to EPA prior to conducting field activities associated with the Phase II ESA: the location of the project, any threatened or endangered species or habitat which may be affected by the project, whether the site is considered to be of concern by the State Historic Preservation officer (SHPO), a list of Tribes who may believe the site or project could disturb cultural resources, and an evaluation as to whether the plans could have adverse effects on endangered species or cultural resources. In order to do so, City with the EC will send a letter to the SHPO and the Army Corps of Engineers as well as any surrounding Confederated Tribes 30 days prior to submittal to EPA of proposed Phase II activities. The project manager will act as staff lead and communicate with our EPA Project Officer to receive any additional guidance needed on this topic.
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ESA and NHPA requirements. The objective of this subtask was to ensure that all project activities were conducted in full compliance with the Endangered Species Act (ESA) and National Historic Preservation Act (NHPA). The Coalition was responsible for providing the EPA’s Project Officer all of the necessary documentation to expedite review under ESA and NHPA if required at any time during this project. This information included but was not limited to the location of the project, any threatened or endangered species or habitat which may be affected by the project, whether the property was of concern by the State Historic Preservation Officer, a list of Tribes who may believe the property or project could disturb cultural resources, and an evaluation as to whether project plans could have adverse effects on endangered species or historic and cultural resources. Since many of the proposed properties were in the downtown and Legacy Crossing areas the Coalition provided the required information for ESA and NHPA review without requesting reimbursement for any expenses. In such case where the Coalition’s selected environmental consultant(s) provides review information as a course of conducting an environmental assessment, those costs where funded as determined through the Phase I and Phase II ESA sub tasks.
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Related to ESA and NHPA requirements

  • Basic Requirements To be eligible for PayPal’s Seller Protection program, all of the following basic requirements must be met, as well as any applicable additional requirements: • The primary address for your PayPal account must be in the United States. • The item must be a physical, tangible good that can be shipped, except for items subject to the Intangible Goods Additional Requirements. Transactions involving items that you deliver in person in connection with payment made in your physical store, may also be eligible for PayPal’s Seller Protection program so long as the buyer paid for the transaction in person by using a PayPal goods and services QR code. • You must ship the item to the shipping address on the Transaction Details page in your PayPal account for the transaction. If you originally ship the item to the recipient’s shipping address on the Transaction Details page but the item is later redirected to a different address, you will not be eligible for PayPal’s Seller Protection program. We therefore recommend not using a shipping service that is arranged by the buyer, so that you will be able to provide valid proof of shipping and delivery. • The shipping requirement does not apply to eligible transactions involving items that you deliver in person; provided, however, that you agree to provide us with alternative evidence of delivery or such additional documentation or information relating to the transaction that we may request. • You must respond to PayPal’s requests for documentation and other information in a timely manner as requested in our email correspondence with you or in our correspondence with you through the Resolution Center. If you do not respond to PayPal’s request for documentation and other information in the time requested, you may not be eligible for PayPal’s Seller Protection program. • If the sale involves pre-ordered or made-to-order goods, you must ship within the timeframe you specified in the listing. Otherwise, it is recommended that you ship all items within 7 days after receipt of payment. • You provide us with valid proof of shipment or delivery. • The payment must be marked “eligible” or “partially eligible” in the case of Unauthorized Transaction claims, or “eligible” in the case of Item Not Received claims, for PayPal’s Seller Protection program on the Transaction Details page. • In the case of an Unauthorized Transaction claim, you must provide valid proof of shipment or proof of delivery that demonstrates that the item was shipped or provided to the buyer no later than two days after PayPal notified you of the dispute or reversal. For example, if PayPal notifies you of an Unauthorized Transaction claim on September 1, the valid proof of shipment must indicate that the item was shipped to the buyer no later than September 3 to be eligible for PayPal’s Seller Protection program. PayPal determines, in its sole discretion, whether your claim is eligible for PayPal’s Seller Protection program. PayPal will make a decision, in its sole discretion, based on the eligibility requirements, any information or documentation provided during the resolution process, or any other information PayPal deems relevant and appropriate under the circumstances. To be eligible for PayPal’s Seller Protection program for a buyer’s Item Not Received claim, you must meet both the basic requirements and the additional requirements listed below: • Where a buyer files a chargeback with the issuer for a card-funded transaction, the payment must be marked “eligible” for PayPal’s Seller Protection on the Transaction Details page. • You must provide proof of delivery as described below.

  • Specific Requirements compensation insurance with statutory limits required by South Dakota law. Coverage B-Employer’s Liability coverage of not less than $500,000 each accident, $500,000 disease-policy limit, and $500,000 disease-each employee.

  • Tax Requirements The Participant is hereby advised to consult immediately with his or her own tax advisor regarding the tax consequences of this Agreement. The Company or, if applicable, any Subsidiary (for purposes of this Section 28, the term “Company” shall be deemed to include any applicable Subsidiary), shall have the right to deduct from all amounts hereunder paid in cash or other form, any Federal, state, local, or other taxes required by law to be withheld in connection with this Award. The Company may, in its sole discretion, also require the Participant receiving shares of Common Stock issued under the Plan to pay the Company the amount of any taxes that the Company is required to withhold in connection with the Participant’s income arising with respect to this Award. Such payments shall be required to be made when requested by the Company and may be required to be made prior to the delivery of any certificate representing shares of Common Stock. Such payment may be made (i) by the delivery of cash to the Company in an amount that equals or exceeds (to avoid the issuance of fractional shares under (iii) below) the required tax withholding obligations of the Company; (ii) if the Company, in its sole discretion, so consents in writing, the actual delivery by the exercising Participant to the Company of shares of Common Stock other than (A) Restricted Stock, or (B) Common Stock that the Participant has not acquired from the Company within six (6) months prior to the date of exercise, which shares so delivered have an aggregate Fair Market Value that equals or exceeds (to avoid the issuance of fractional shares under (iii) below) the required tax withholding payment; (iii) if the Company, in its sole discretion, so consents in writing, the Company’s withholding of a number of shares to be delivered upon the exercise of the Stock Option other than shares that will constitute Restricted Stock, which shares so withheld have an aggregate fair market value that equals (but does not exceed) the required tax withholding payment; or (iv) any combination of (i), (ii), or (iii). The Company may, in its sole discretion, withhold any such taxes from any other cash remuneration otherwise paid by the Company to the Participant.

  • Program Requirements The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26.

  • Time Requirements The Independent Contractor will not be required to follow or establish a regular or daily work schedule, but shall devote during the term of this Agreement the time, energy and skill as necessary to perform the services of this engagement and shall, periodically or at any time upon the request of the Company, submit information as to the amount of time worked and scope of work performed.