Federal Authorization of the Project Clause Samples

The "Federal Authorization of the Project" clause establishes that the project is subject to obtaining necessary approvals, permits, or authorizations from relevant federal agencies before proceeding. In practice, this means that work on the project cannot begin or continue until all required federal permissions are secured, such as environmental clearances or regulatory consents. This clause ensures legal compliance and mitigates the risk of project delays or penalties due to unauthorized activities.
Federal Authorization of the Project. The project was federally authorized in November 2018 as part of the America’s Water Infrastructure Act of 2018 (also known as WRDA18). The authorization supersedes the need for Section 408 permission and USACE permission is not required to construct the project. In May 2020, TRLIA and USACE executed a Memorandum of Agreement (MOA) to provide USACE with TRLIA’s funds to participate in design, construction, and adoption of the project into the Sacramento River Flood Control Project. Funds to support the USACE’s review have been provided and USACE is participating in construction oversight.
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Federal Authorization of the Project. The project was federally authorized in November 2018 as part of the America’s Water Infrastructure Act of 2018 (also known as WRDA18). The authorization supersedes the need for Section 408 permission. TRLIA met with USACE twice in the previous quarter (Quarter 5) to discuss how to implement the now Federal project. At those meetings, in which DWR participated, there was consensus to continue progressing the project and provide funding to the USACE for its review through its Floodplain Management Services (FPMS) Program. The intent was to utilize the existing DWR contract. Additionally, USACE indicated that no NEPA or Federal permitting would be required, except that which was required for Section 404 permitting. DWR and TRLIA developed and submitted a scope of work for the USACE’s review. However, Sacramento District Counsel has raised concerns regarding the use of the FPMS program. ▇▇▇▇▇ provided comments to USACE Headquarters requesting implementation guidance for the WRDA provisions in an effort to facilitate use of the program or the Interagency and International Services Program. While this issue continues to be worked out, ▇▇▇▇▇ continues to advance design of the project to ensure construction can begin in 2020 and the project can be completed and closed out prior to expiration of the grant agreement in 2022.
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Federal Authorization of the Project. The project was federally authorized in November 2018 as part of the America’s Water Infrastructure Act of 2018 (also known as WRDA18). The authorization supersedes the need for Section 408 permission and USACE permission is not required to construct the project. TRLIA has discussed how to facilitate the USACE’s involvement during design and construction with DWR, CVFPB, and USACE. Two avenues previously discussed, the Floodplain Management Services Program and the Interagency and International Services program, were both determined as not viable by USACE legal. USACE has indicated that a funding agreement pursuant to WRDA18 Section 1305 is the appropriate path forward. ▇▇▇▇▇ is working with USACE to execute this agreement. In October 2019 (during the Next Quarter (October-December) as reported herein), TRLIA met with both DWR and CVFPB regarding path forward for CVFPB approval of the project. This path has been documented in a meeting record and TRLIA is awaiting concurrence from DWR and CVFPB.
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Federal Authorization of the Project. The project was federally authorized in November 2018 as part of the America’s Water Infrastructure Act of 2018 (also known as WRDA18). The authorization supersedes the need for Section 408 permission. TRLIA has discussed how to facilitate the USACE’s involvement during design and construction with DWR, CVFPB, and USACE. A first option was through the Floodplain Management Services (FPMS) Program which was subsequently determined as not viable by USACE legal. A second option, the IIS program (discussed above in Section 3.2) was offered. If the IIS option is determined to not be viable, there is no clear path forward for including USACE into the process until after design and construction. USACE permission is not required to construct the project. While the IIS agreement continues to be pursued, ▇▇▇▇▇ continues to advance design of the project to ensure construction can begin in 2020 and the project can be completed and closed out prior to expiration of the grant agreement in 2022.
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Federal Authorization of the Project. The project was federally authorized in November 2018 as part of the America’s Water Infrastructure Act of 2018 (also known as WRDA18). The authorization supersedes the need for Section 408 permission and USACE permission is not required to construct the project. TRLIA and USACE intend to execute a Memorandum of Agreement (MOA) that would provide USACE with TRLIA’s funds to participate in design, construction, and adoption of the project into the Sacramento River Flood Control Project. The USACE’s regional office (South Pacific Division) determined that modifications to the template MOA were deviations requiring higher level approval. As a result, and to facilitate USACE’s involvement in design and construction, modifications were removed and the agreement was signed by TRLIA in April. USACE signature is expected in May. Funds to support the USACE’s review have been provided.
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Federal Authorization of the Project. The project was federally authorized in November 2018 as part of the America’s Water Infrastructure Act of 2018. The authorization supersedes the need for Section 408 permission. TRLIA met with USACE twice in Quarter 5 to discuss how to implement the now Federal project. At those meetings, in which DWR participated, there was consensus to continue progressing the project and provide funding to the USACE for its review through its Floodplain Management Services (FPMS) Program. The intent is to utilize the existing DWR contract once scopes of work have been developed. Additionally, USACE indicated that no NEPA or Federal permitting would be required, except that which was required for Section 404 permitting. During Quarter 6, TRLIA will be working with DWR staff and USACE to execute a FPMS task order and facilitate Section 404 permitting.
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Federal Authorization of the Project and Additional to the SPFC
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Related to Federal Authorization of the Project

  • Authorization of Governmental Authorities No action by (including any authorization, consent or approval), in respect of, or filing with, any governmental authority or regulatory body is required for, or in connection with, the valid and lawful authorization, execution, delivery and performance by it of this Agreement, subject to, in the case of the Debtors, the entry by the Bankruptcy Court of the Approval Order.

  • Compliance; Governmental Authorizations (i) Except as set forth on Schedule 2.1(l) of the Disclosure Schedule, the Company and the Subsidiary, to the Company's Knowledge, have complied and are in compliance with all Federal, state, local and foreign laws, ordinances, regulations, interpretations and orders (including those relating to disposal of materials, environmental protection and occupational safety and health) applicable to the Company or the Subsidiary or any of their respective businesses. There are no present or past conditions relating to the Company or the Subsidiary, or relating to any of the Company's or the Subsidiary's property or any appurtenances thereto or improvements thereon, that would reasonably be expected to lead to any material liability against, or have a Material Adverse Effect for violation of any health or safety laws. The Company has not received any written communication during the past five years from any governmental entity that alleges that the Company is not in compliance in any respect with any applicable Federal, state, local and foreign laws, ordinances, regulations, interpretations and orders. To the Company's Knowledge, the Company and the Subsidiary have all Federal, state, local and foreign governmental licenses and permits necessary to conduct their respective businesses as presently being conducted. Such licenses and permits are in full force and effect, no violations are or have been recorded in respect of any thereof, no proceeding is pending or, to the Company's Knowledge, threatened, to revoke or limit any thereof, and the Company does not know of any basis for any such proceeding and the consummation of the transactions contemplated in this Agreement will not result in the non-renewal, revocation or termination of any such license or permit. Except as set forth on Disclosure Schedule 2.1(l), the Company has filed, in a timely manner, all reports required by the rules and regulations of the Securities and Exchange Commission (the "SEC"). (ii) There are no conditions relating to the Company or the Subsidiary or relating to the Company's or the Subsidiary's ownership, use or maintenance of any real property previously owned or operated by the Company or any of its Affiliates, and the Company does not know or have reason to know of any such condition in respect of such real property not related to the ownership, use or maintenance, that could lead to any liability for violation of any Federal, state, county or local laws, regulations, orders or judgments relating to pollution or protection of the environment or any other applicable environmental, health or safety statutes, ordinances, orders, rules, regulations or requirements. The Company and the Subsidiary have received, handled, used, stored, treated, shipped and disposed of all hazardous or toxic materials, substances and wastes (whether or not on its properties or properties owned or operated by others) in compliance with all applicable environmental, health or safety statutes, ordinances, orders, rules, regulations or requirements.

  • Compliance with Laws; Governmental Authorizations 1.23.1 The Company is, and has at all times been, in compliance materially with all applicable Laws, except where non-compliance could not reasonably be expected to result in Material Adverse Effect. The Company has not received any notice or other communication from any Governmental Body or any other Person regarding (i) any actual, alleged, possible or potential material violation of, or failure to materially comply with, any Law; or (ii) any actual, alleged, possible or potential obligation on the part of the Company to undertake, or to bear all or any portion of the cost of, any cleanup or any remedial, corrective or response action of any nature under any applicable Law. The Company has provided to the Buyer a true, correct and complete copy of each report, study, survey or other document to which the Company has access that addresses or otherwise relates to the compliance of the Company with, or the applicability to the Company of, any Laws. To the knowledge of the Vendor, no Governmental Body has proposed or is considering any Law that, if adopted or otherwise put into effect, (A) may have an adverse effect on the business, condition, assets, liabilities, operations, financial performance, net income or prospects of the Company or on the ability of the Company to comply with or perform any covenant or obligation under any of ancillary documents contemplated by this Agreement; or (B) may have the effect of preventing, delaying, making illegal or otherwise interfering with the transactions contemplated by this Agreement. 1.23.2 The Company does not require any Governmental Authorizations to operate its business beyond what Governmental Authorizations it currently holds, which have all been listed on Section 1.23.2 of the Disclosure Schedule. The Governmental Authorizations held by the Company are valid and in full force and effect, and collectively constitute all Governmental Authorizations necessary (i) to enable the Company to conduct its business in the manner in which its business is currently being conducted and as contemplated to be conducted by the Company as of the Closing Date; and (ii) to permit the Company to own and use its assets in the manner in which it is currently owned and used. The Company is, and at all times since its incorporation has been, in material compliance with the terms and requirements of the Governmental Authorizations held by the Company. The Company has not received any notice or other communication from any Governmental Body regarding (A) any actual or possible violation of or failure to comply with any term or requirement of any Governmental Authorization; or (B) any actual or possible revocation, withdrawal, suspension, cancellation, termination or modification of any Governmental Authorization. All of the Governmental Authorizations set forth or required to be set forth on Section 1.23.2 of the Disclosure Schedule will be available for use by the Company immediately after the Closing. In respect of approvals, licenses or permits requisite for the conduct of any part of the business of the Company which are subject to periodic renewal, the Company has no reason to believe that such renewals will not be timely granted by the relevant Governmental Body. (i) The Company has at all times been, in full compliance with all of the terms and requirements of each Governmental Authorization set forth or required to be set forth on Section 1.23.2 of the Disclosure Schedule; (ii) no event has occurred, and no condition or circumstance exists, that might (with or without notice or lapse of time or both) reasonably (A) constitute or result directly or indirectly in a violation of or a failure to comply with any term or requirement of any Governmental Authorization set forth or required to be set forth on Section 1.23.2 of the Disclosure Schedule; or (B) result directly or indirectly in the revocation, withdrawal, suspension, cancellation, termination or modification of any Governmental Authorization set forth or required to be set forth on Section 1.23.2 of the Disclosure Schedule; (iii) the Company has not received, and no employee has ever received, any notice or other communication from any Governmental Body or any other Person regarding (x) any actual, alleged, possible or potential violation of or failure to comply with any term or requirement of any Governmental Authorization; or (y) any actual, proposed, possible or potential revocation, withdrawal, suspension, cancellation, termination or modification of any Governmental Authorization; and (iv) all applications required to have been filed for the renewal of the Governmental Authorizations required to be set forth on Section 1.23.2 of the Disclosure Schedule have been duly filed on a timely basis with the appropriate Governmental Bodies, and each other notice or filing required to have been given or made with respect to such Governmental Authorizations has been duly given or made on a timely basis with the appropriate Governmental Body.

  • Compliance with Legal Requirements; Governmental Authorizations (a) Seller is, and at all times since its inception has been, in compliance in all material respects with each Legal Requirement that is or was applicable to it or to the conduct or operation of the Business or the ownership or use of any of the Assets except where the failure to comply would not reasonably be expected to have a Material Adverse Effect on Seller. (b) No event has occurred or circumstance exists that (with or without notice or lapse of time) (A) may constitute or result in a material violation by Seller of, or a failure on the part of Seller to comply with, any Legal Requirement or (B) may give rise to any obligation on the part of Seller to undertake, or to bear all or any portion of the cost of, any remedial action of any nature with respect to any Legal Requirement. (c) Except as otherwise set forth on Part 3.15, Seller has not received, at any time since its inception, any notice or other communication (whether oral or written) from any Governmental Body or any other Person regarding (A) any actual, alleged, possible or potential violation of, or failure to comply with, any Legal Requirement or (B) any actual, alleged, possible or potential obligation on the part of Seller to undertake, or to bear all or any portion of the cost of, any remedial action of any nature. (d) Part 3.15(d) contains a complete and accurate list of each material Governmental Authorization that is held by Seller or that otherwise relates to the Business or the Assets. Each Governmental Authorization listed or required to be listed in Part 3.15(d) is valid and in full force and effect. Seller is, and at all times since its inception has been, in compliance in all material respects with all of the terms and requirements of each Governmental Authorization identified or required to be identified in Part 3.15(d). The Governmental Authorizations listed in Part 3.15(d) collectively constitute all of the Governmental Authorizations necessary to permit Seller to lawfully conduct and operate the Business in the manner in which it currently conducts and operates the Business and to permit Seller to own and use the Assets in the manner in which it currently owns and uses the Assets except where the failure to comply would not reasonably be expected to have a Material Adverse Effect on Seller. Seller expressly disclaims any representation or warranty that the Governmental Authorizations listed in Part 3.15(d) are necessary or sufficient for the lawful conduct and operation of the Business by Buyer from and after the Closing.

  • Approvals of Governmental Bodies As promptly as practicable after the date of this Agreement, Buyer will, and will cause each of its Related Persons to, make all filings required by Legal Requirements to be made by them to consummate the Contemplated Transactions (including all filings under the HSR Act). Between the date of this Agreement and the Closing Date, Buyer will, and will cause each Related Person to, cooperate with Sellers with respect to all filings that Sellers are required by Legal Requirements to make in connection with the Contemplated Transactions, and (ii) cooperate with Sellers in obtaining all consents identified in Part 3.2 of the Disclosure Letter; provided that this Agreement will not require Buyer to dispose of or make any change in any portion of its business or to incur any other burden to obtain a Governmental Authorization.