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HomeMy WebLinkAboutManhattan Project National Historical Park Memorandum of AgreementMemorandum of Agreement Between the United States Department of the Interior and the United States Department of Energy for the Manhattan Project National Historical Park This Memorandum of Agreement (Agreement) is entered into by and between the Secretary of the Interior (DOI) and the Secretary of Energy (DOE) to implement § 3039 of the Carl Levin and Howard P. "Buck" McKeon National Defense Authorization Act for Fiscal Year 2015 (Act), Pub. L. No. 113-291. Among other things, the Act directs the two Secretaries to enter into an agreement governing their respective roles in administering the facilities and areas under the DOE's administrative jurisdiction that are included in the Manhattan Project National Historical Park (Park). In accordance with § 3039(f) of the Act and in partnership with the Secretary of Energy as set forth in this Agreement, the Secretary of the Interior, acting through the National Park Service (NPS), will administer the Park in accordance with the Act and this Agreement. Article I — Background and Purpose The NPS's mission is to promote and regulate the use of the National Park System by means and measures that conform to the fundamental purpose of the System units, which purpose is to conserve the scenery, natural and historic objects, and wild life in the System units and to provide for the enjoyment of the scenery, natural and historic objects, and wild life in such manner and by such means as will leave them unimpaired for the enjoyment of future generations. The DOE's mission is to ensure America's security and prosperity by addressing its energy, environmental, and nuclear challenges through transformative science and technology solutions. The purposes of the Act are to preserve and protect for the benefit of present and future generations the nationally significant historic resources associated with the Manhattan Project; to improve public understanding of the Manhattan Project and its legacy through interpretation of the historic resources associated with the Manhattan Project; to enhance public access to the Park established under the Act consistent with protection of public safety, national security, and other aspects of the DOE's mission; and to assist the DOE, communities, historical societies, and other interested organizations and individuals in efforts to preserve and protect the historically significant resources associated with the Manhattan Project. 13 Article IX — Dispute Resolution If a dispute arises between the Parties related to this Agreement then the Parties will exercise their best efforts to resolve the dispute at the lowest possible administrative level. The Parties' Site Representatives will initially confer and try to resolve the matter. If the Site Representatives are unsuccessful, they will refer the matter to their Principal Representatives. If the Principal Representatives are unsuccessful, they will, as a matter of last resort, refer the matter to the Secretary of the Interior and the Secretary of Energy for resolution. Article X — Standard Clauses A. No obligation of funds: Nothing in this Agreement obligates, or is intended to obligate, either Party to expend, exchange, or reimburse fends, services, or supplies; transfer or receive anything of value; or enter into any contract, assistance agreement, interagency agreement, or other financial obligation. Any transfer of funds between the Parties will be accomplished through future interagency agreements. B. Subject to applicable law: This Agreement and the Parties' performance of their obligations under it are subject to all applicable Federal laws, regulations, and policies now or hereafter in force. C. Not legally enforceable: This Agreement is intended only to guide the Parties' management of the Park in accordance with the Act and other applicable law. It is not intended to, and does not, create any rights enforceable at law or in equity by any party against the United States, its departments or agencies, or its officers, employees, or agents. Article XI — Authorizing Signatures In witness hereof, the Secretary of the Interior and the Secretary of Energy have signed this Agreement on the date(s) indicated below, thereby executing it. d�','v Sally Jewell Date ' Secretary of e Interior Ernest Moniz Date Secretary of Energy