NEPA APPROVALS Clause Samples

NEPA APPROVALS. A. FHWA will use WSDOT’s certification and related project information in determining whether to approve the right of way or construction phase of a project processed as a CE under this Agreement. One of the considerations will be a determination of Fiscal Constraint. WSDOT will review project funding and confirm that the project meets FHWA’s fiscal constraint requirements before signing the CE documentation. WSDOT shall ensure that the certifications and records for each CE project processed under this Agreement are completed prior to or at the time FHWA makes its approval action, including any funding decision, on the underlying action. B. In general, the parties contemplate that FHWA shall consider the outcome of the certifications and any records provided by WSDOT prior to the request of any Federal approval. 1. If FHWA determines the CE applies, approval of the project authorization will also be FHWA's NEPA decision for that project. 2. If the certification and related project information are inadequate or incomplete, FHWA shall request more detailed information. 3. If FHWA does not approve the project authorization, FHWA also does not approve the NEPA determination. FHWA shall inform WSDOT of the reasons for its decision not to approve the project.
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NEPA APPROVALS. A. FHWA will use the certification and related project information in determining whether to approve a CE processed under this Agreement. B. Iowa DOT shall ensure that the certifications and records for each CE project processed under this Agreement will be made available prior to or at the time FHWA makes its decision. C. In general, the parties contemplate that FHWA shall consider the outcome of the certifications and any records provided by Iowa DOT prior to the request of any federal approval. 1. If FHWA determines the CE applies, approval of the request for notice to proceed will also be the FHWA’s NEPA decision for that project. 2. If the certification and related project information are inadequate or incomplete, FHWA shall request more detailed information. 3. If FHWA does not approve the request to proceed, the FHWA also does not approve the NEPA determination. FHWA shall inform Iowa DOT of the reasons for its decision not to approve the request.
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NEPA APPROVALS. ▇. ▇▇▇▇ and WisDOT will base their approval of CE actions on the project documentation and certifications prepared by WisDOT under this Agreement. WisDOT shall ensure that the certifications and documentation for each project prepared under this Agreement will be made available prior to or at the time FHWA contemplates its approval of the next major project phase following preliminary design/ NEPA. B. Approval authority of CE documentation under this Agreement is delegated as follows: 1. WisDOT may make a CE determination on behalf of FHWA for the following project types; FHWA individual review and approval will not be required prior to WisDOT’s request to proceed with final design, acquisition of right-of-way, or construction, so long as WisDOT has completed a CE determination. FHWA will rely on the certifications and approvals made by WisDOT as the basis for the CE determination and for the approval of subsequent project phases. a. Actions listed in 23 CFR 771.117(c), including actions proposed as CEs under 23 CFR 771.117(c)(26-28) that do not exceed the environmental impact criteria in 23 CFR 771.117(e). b. Approvals for disposal of excess right-of-way that FHWA has delegated to WisDOT for approval under the FHWA and WisDOT Stewardship and Oversight Agreement. These actions are covered by 23 CFR 771.117(d)(6). c. Approvals for changes in Interstate System access that FHWA has delegated to WisDOT for approval under the WisDOT Facilities Development Manual (FDM) or other agreement. These actions are covered by 23 CFR 771.117(d)(7). 2. The following project types will require review and approval by FHWA prior to WisDOT’s request to proceed with final design, acquisition of right-of-way, or construction: a. All other actions listed in 23 CFR 771.117(d). b. Any actions not specifically listed in 23 CFR 771.117 that meet the requirements in Section IV and V. c. Actions proposed as CEs under 23 CFR 771.117(c)(26-28) that exceed the environmental impact criteria in 23 CFR 771.117(e). d. All actions proposed for processing under 23 CFR 771.117(h) with a CE from the Federal Railroad Administration (23 CFR 771.116) or the Federal Transit Administration (23 CFR 771.118). WisDOT will consult FHWA to determine the appropriate level of environmental documentation and coordination, before submitting project information for FHWA approval. C. The Appendix of this Agreement contains copies of the CE lists from FHWA regulations and the 23 CFR 771.117(e) criteria. FHWA and ...
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Related to NEPA APPROVALS

  • Regulatory Approvals (a) Each Party shall, and shall cause its ultimate parent entity (as such term is defined in the HSR Act) to, use reasonable best efforts to file or otherwise submit, as soon as practicable after the date of this Agreement, all applications, notices, reports, filings and other documents reasonably required to be filed by such Party or its ultimate parent entity with or otherwise submitted by such Party or its ultimate parent entity to any Governmental Body with respect to the Contemplated Transactions, and shall file no later than ten (10) Business Days thereafter the Notification and Report Forms required by the HSR Act. Each Party shall (i) promptly supply the other with any information which may be required in order to effectuate such filings, (ii) submit promptly any additional information which may be reasonably requested by any such Governmental Body, and (iii) coordinate with the other Party in making any such filings or information submissions pursuant to and in connection with the foregoing that may be necessary, proper, or advisable in order to consummate and make effective the Contemplated Transactions. (b) Without limiting the generality of anything contained in this Section 5.4, in connection with its efforts to obtain all requisite approvals and authorizations, and the expiration or termination of all applicable waiting periods for the Contemplated Transactions under any Antitrust Law, each Party hereto shall use its reasonable best efforts to (i) cooperate with the other with respect to any investigation or other inquiry; (ii) promptly provide to the other a copy of all communications received by such Party from, or given by such Party to, any Governmental Body, in each case regarding the Contemplated Transactions; and (iii) to the extent not prohibited under applicable Antitrust Law, permit the other to review in advance any communication given by it to any Governmental Body concerning the Contemplated Transactions, consider in good faith the views of the other in connection with any proposed written communications by such Party to any Governmental Body concerning the Contemplated Transactions, and consult with each other in advance of any meeting or telephone or video conference with, any Governmental Body, and give the other or its outside counsel the opportunity to attend and participate in such meetings and conferences unless prohibited by the applicable Governmental Body; provided, that materials required to be provided pursuant to this Section 5.4(b) may be restricted to outside counsel and redacted to (A) remove references concerning the valuation of either Party, (B) comply with contractual arrangements, and (C) preserve attorney-client privilege. Neither Party shall commit to or agree with any Governmental Body to stay, toll or extend any applicable waiting period under applicable Antitrust Law, or pull and refile under the HSR Act, without the prior written consent of the other. Parent and the Company shall each pay one-half of the filing fee under the HSR Act relating to the HSR filing required for the Merger; provided, however, that each Party shall bear its own legal fees. (c) Except as required by this Agreement, prior to Closing, neither the Company nor Parent shall, and shall cause its Affiliates not to, acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the assets of or equity in, or by any other manner, any Person or portion thereof, or otherwise acquire or agree to acquire any assets, if the entering into of an agreement relating to or the consummation of such acquisition, merger or consolidation would reasonably be expected to (i) impose any delay in the obtaining of, or significantly increase the risk of not obtaining, any authorizations, consents, orders, declarations or approvals of any Governmental Body necessary to consummate the Contemplated Transactions or the expiration or termination of any applicable waiting period, or (ii) increase the risk of any Governmental Body entering an order prohibiting the consummation of the Contemplated Transactions.

  • Requisite Regulatory Approvals All Consents required to be obtained from or made with any Governmental Authority in order to consummate the transactions contemplated by this Agreement shall have been obtained or made.

  • Project Approvals The Borrower will promptly obtain all Project Approvals not heretofore obtained by the Borrower (including those listed and described on Schedule 8.22 (a) hereto and any other Project Approvals which may hereafter become required, necessary or desirable) and will furnish the Agent with evidence that the Borrower has obtained such Project Approvals promptly upon its request. The Borrower will give all such notices to, and take all such other actions with respect to, such Governmental Authority as may be required under applicable Requirements to construct the Improvements and to use, occupy and operate the Project following the completion of the construction of the Improvements. The Borrower will also promptly obtain all utility installations and connections required for the operation and servicing of the Project for its intended purposes, and will furnish the Agent with evidence thereof. The Borrower will duly perform and comply with all of the terms and conditions of all Project Approvals obtained at any time, including all Project Approvals listed and described on Schedules 8.22(a) and 8.22(b) hereto.

  • Regulatory Consents and Approvals All consents, approvals and actions of, filings with and notices to any Governmental or Regulatory Authority necessary to permit Purchaser and Seller to perform their obligations under this Agreement and the Operative Agreements and to consummate the transactions contemplated hereby and thereby (a) shall have been duly obtained, made or given, (b) shall be in form and substance reasonably satisfactory to Purchaser, (c) shall not be subject to the satisfaction of any condition that has not been satisfied or waived and (d) shall be in full force and effect, and all terminations or expirations of waiting periods imposed by any Governmental or Regulatory Authority necessary for the consummation of the transactions contemplated by this Agreement and the Operative Agreements shall have occurred.

  • Statutory Approvals No declaration, filing or registration with, or notice to or authorization, consent or approval of, any federal, state, local or foreign government, any instrumentality, subdivision, court, administrative agency or commission or authority thereof, or any quasi-governmental or private body exercising any regulatory, taxing, importing or other governmental or quasi-governmental authority or regulatory body (including a stock exchange or other self-regulatory body) or any other authority (each, a "Governmental Authority") is necessary for the execution and delivery of this Agreement by ITI or the consummation by ITI of the transactions contemplated hereby, except for those required under or in relation to (A) state securities or "blue sky" laws (the "Blue Sky Laws"), (B) the Securities Act, (C) the Exchange Act of 1934, as amended (the "Exchange Act"), (D) the DGCL with respect to the filing of the Certificate of Merger, (E) the ITI Stockholders' Consent, and (F) such consents, approvals, order, authorizations, registrations, declarations and filings the failure to obtain, make or give which would reasonably be expected to have, in the aggregate, an ITI Material Adverse Effect (the "ITI Required Statutory Approvals"), it being understood that references in this Agreement to "obtaining" such ITI Required Statutory Approvals shall mean making such declarations, filings or registrations; giving such notice; obtaining such consents or approvals; and having such waiting periods expire as are necessary to avoid a violation of law.