The Public. Sector Parties acknowledge and agree that money damages may not be an adequate remedy for any breach or threatened breach of this clause 21 and that a breach by any Public Sector Partner of this clause 21 may result in immediate and irreparable competitive injury. The Public Sector Parties therefore agree that in addition to any other remedies that may be available, by law or otherwise, the Operator shall be entitled to seek injunctive relief against any breach or threatened breach of this clause 21 by the Public Sector Parties.
The Public. A. USACE recognizes that the views of the public are essential to informed decision making throughout the Section 106 consultation process. USACE shall notify the public of proposed Undertakings in a manner that reflects the nature, complexity, significance of historic properties likely affected by the Undertaking, the likely public interest given USACE’s specific involvement, and any confidentiality concerns of Federally-recognized Tribe(s), private individuals and organizations.
The Public. The BLM will seek out and consider the views of the public when carrying out actions under the terms of this Protocol. The BLM will solicit such input through the public participation opportunities afforded by the BLM’s land use planning and environmental review processes established under NEPA and FLPMA, and in accordance with regulations for Coordination of Planning Efforts at 43 CFR 1610.3. The BLM will also follow internal guidance regarding the coordination of NEPA and NHPA requirements, including the Washington Office Instruction Memorandum (IM) 2012-108, until that IM is superseded by policy or an updated/reissuance of that IM is available.
The Public. The views of the public are essential to informed Federal decision-making, and the BLM shall seek and consider the views of the public in a manner that reflects the nature and complexity of the undertaking and its effects on historic properties. The BLM must also provide the public with information about an undertaking and seek public comment and input (36 CFR 800.2(d)). Pursuant to 36 CFR 800.2(d)(3), the BLM may use its agency procedures as contained in the BLM-SHPO protocols or BLM NEPA procedures to involve the public. The BLM, NCSHPO, and the ACHP—in consultation with Indian tribes and interested parties—now wish to ensure that the BLM will organize its programs to operate efficiently, effectively, according to the spirit and intent of Section 106 of the NHPA, and in a manner consistent with 36 CFR Part 800. The parties also wish to ensure that the BLM will integrate its historic preservation planning and management decisions with other policy and program requirements to the maximum extent. The BLM, the SHPOs, and the ACHP desire and intend, in the public interest, to streamline and simplify procedural requirements, reduce unnecessary paperwork, and emphasize the common goal of planning for and managing historic properties under the BLM’s jurisdiction and control. Basis for Agreement Proceeding from these responsibilities, goals, and objectives, the parties acknowledge the following basis for agreement: