ORDER NO  26683

APPROVE ASSURANCES RELATING TO REAL PROPERTY
ACQUISTION (RIGHT-OF-WAY) FOR HERMAN SONS CROSSING

On this the 12th day of February 2001,upon motion made by
Commissioner Letz, seconded by Commissioner Williams, the
Court unanimously approved by  a vote of 4-0-0, to accept
required assurances relating to real property acquistion
(right of way) for the Herman Sons Crossing and authorize the
County Judge to sign same.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: Jonathan Letz
MEETING DATE: February 12, 2001
SUBJECT: (PLEASE BE SPECIFIC)
TIME PREFERRED:
Consider and discuss required assurances relating to real property
acquisition (right-of--way) for the Hermann Sons Crossing and
authorizing the County Judge to sign same.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Commissioner Pct. #3
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter
551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
OFFICE: Commissioners' Court
5:00 P.M. previous Tuesday.

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be
appreciated and contribute towards you request being addressed at the eazliest opportunity. See Agenda Request Rules
Adopted by Conunissioners' Court.
State Texas
EWP Kerr Countv
UNITED STATES DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONSERVATION SERVICE
PROJECT AGREEMENT
THIS AGREEMENT, made this day of 2001, by and
between Kerr County, called the Sponsor; and the Natural Resources
Conservation Service, United States Department of Agriculture, called
NRCS.
WITNESSETH THAT:
WHEREAS, under the provision of the Title IV of the Agricultural
Credit Act of 1978, Public Law 95-334, the Sponsor and NRCS agree to
a plan which provides for restoration of certain works;
NOW THEREFORE, in consideration of the premises and of the
several promises to be faithfully performed by the parties hereto as
set forth, the Sponsor and NRC5 do hereby agree as follows:
A. It is agreed that the following-described work is to be performed
at an estimated cost of $190,000.00.
The work will be lochted on the Guadalupe River and Herman Sons
Road in Kerr County, Texas. The planned work will consist of
providing structural integrity to the existing crossing by
placing supports on 12-feet centers, which will align with the
existing box culverts walls, and then I-beams with decking will
be placed across the supports. However the work may be changed
based upon the engineering report provided by the Sponsor's
Engineer.
B. The Sponsor will:
Provide 25 percent of construction cost for the works of
improvement described in Section A. This cost to the
Sponsor is estimated to be $47,500.00.
The Sponsor will provide technical review of the structural
integrity of the existing low water crossing on the
Guadalupe River and Herman Sons Road. The Sponsor will not
be required to design the works of improvements, provide
administrative services, nor inspection services. The
Sponsor shall solicit a Registered Engineer licensed in
Texas to evaluate the said structure both above and below
the water surface. This Texas Registered Engineer is to
prepare an Engineering Report which is to be signed and
Page 2of4
sealed by them. By providing the Engineering Report, the
Sponsor will be providing an "in-kind" service. The cost of
the report is estimated to be 510,000.00. The Sponsor shall
be reimbursed 100$ of the cost of this report, the fee for
this report may be deducted from the Sponsor's 25 percent
cost share. The Engineering Report shall address the
following topics:
a. Structural integrity of the existing crossing with regard
to future loading from a temporary crossing attached on
top of it. The temporary crossing shall be needed for
approximately three years and have the capabilities to
pass passenger vehicles, light trucks, school buses and
emergency services. The concrete walls and floor of the
existing box culverts, which supports the concrete slab
shall be investigated for cracks and other flaws and
determine if the existing structure can support a
temporary crossing. The planned temporary crossing will
consist of supports placed on 12-feet centers, which will
align with the box culvert walls. I-beams with decking
will be placed across the supports.
b. Stability of the foundation under the existing structure.
3. Administer their action under this agreement in accordance
with 7 CFR 3015, 3016, 3017, 3018, 3019, and 3051.
Accept all financial and other responsibility for excess
costs resulting from their failure to obtain or their delay
in obtaining adequate land and water rights, .permits, and
licenses needed for the works of improvement described in
Section A.
5. Review and approve the plan for the work described in Section
A.
6. Provide certification (sign SCS-ADS-78) that real property
rights have been obtained for installation of planned
measures.
7. Upon acceptance of the work by NRCS from the contractor,
assume responsibility for operation and maintenance.
Comply with requirements of the Special Provisions which are
included in Attachment A to this Agreement.
9. If applicable, complete the attached ^Clean Air and Water
Certification" and comply with the attached "Clean Air and
Water Clause."
10. Upon completion of emergency protection measures and the
elimination of the threat, the Sponsor will take action, if
needed, to bring the measures up to reasonable standards by
other means and/or authority. Unless the measures are
Page 3 of4
brought up to reasonable standards, the Sponsor will not be
eligible for future funding under the EWP program.
C. NRCS will:
1. Provide 75 percent of the cost of performing the work
described in Section A. This cost to NRCS is estimated at
$142,500.00.
2. Contract for the construction of the planned measures
described in Section A in accordance with Federal Acquisition
Regulations.
3. Provide authorized technical services, including but not
limited to obtaining basic information; preparation of
contract drawings and designs; contract administration; and
quality assurance during installation.
4. Arrange for and conduct final inspection of the completed
works with the Sponsor to determine whether all work has been
performed in accordance with the contractual requirements.
Accept work from contractor; notify the Sponsor of
acceptance; and turn over the accepted works to the Sponsor.
D. It is mutually agreed that:
1. The furnishing of financial and other assistance by NRCS is
contingent on the availability of funds appropriated by
Congress from which payment may be made and shall not
obligate NRCS upon failure of the Congress to appropriate
funds.
2. In the event of default, any additional funds required to
ensure completion of the job are to be provided in the same
ratio as funds are contributed by the parties under the terms
of this agreement; and any excess costs including interest
resulting from a judgment collected from the defaulting
contractor, or his or her surety, will be prorated between
the Sponsor and NRCS in the same ratio as construction funds
are contributed under the terms of the agreement.
3. Additional funds including interest properly allocable as
costs as determined by NRCS, required as a result of a
decision of the Contracting Officer or a court judgment in
favor of the contractor, will be provided in the same ratio
as funds are contributed under the terms of this agreement.
NRCS will not be obligated to contribute funds under any
agreement or commitment made by the Sponsor without prior
concurrence of the NRCS.
4. This agreement may be modified by amendment duly executed by
authorized officials of the Sponsor and NRCS.
Page 4 of4
5. NRCS may terminate this agreement in whole or in part when it
is determined by NRCS that the Sponsor has failed to comply
with any of the conditions of this agreement. NRCS shall
promptly notify the Sponsor in writing of the determination
and reasons for the termination, together with the effective
date. Payments or recoveries made by the NRCS under this
termination shall be in accord with the legal rights and
liabilities of MRCS and the Sponsor.
6. This agreement may be temporarily suspended by NRCS if it
determines that corrective action by the Sponsor is needed to
meet the provisions of this agreement. Further, NRCS may
suspend this agreement when it is evident that a termination
is pending.
Nondiscrimination - The program or activities conducted under
this agreement will be in compliance with the
nondiscrimination provisions contained in the Titles VI and
VII of the Civil Rights Act of 1964, as amended; the Civil
Rights Restoration Act of 1987 (Public Law 100-259); and
other nondiscrimination statutes; namely, Section 504 of the
Rehabilitation Act of 1973, Title IX of the Education
Amendments of 1972, and the Age Discrimination Act of 1975.
They will also be in accordance with regulations of the
Secretary of Agriculture (7 CFR-15, Subparts A & B), which
provide that no person in the United States shall on the
grounds of race, color, national origin, age, sex, religion,
marital status, or handicap be excluded from participation
in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity receiving
federal financial assistance from the i~epartment of
Agriculture or any agency thereof.
Kerr County
BYf~~~"s"~"TT~`"
Title: ~ ~- ~~ ~c
Date:~o~~~6
This action authorized at an offiaal meeting
of the Commissioners Court of Kerr County,
on the day of ~~;~/~~T, 2001,
at , State of Texas.
(Signature)
~~
i
Page 5 of4
United States pepartment of Agriculture
Natural Resources Conservation Service
By:
Title: State Conservationist
Date:
ATTACHMENT A -SPECIAL. PROVISIONS
L DRUGFREE WORKPLACE CERTIFICATION
IL CERTIFICATION REGARDING LOBBYING -
IIL CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND
OTHER RESPONSIBILITX MATTERS -PRIMARY COVERED
TRANSACTIONS
IV. CLEAN AIR AND WATER CERTIFICATION
V. ASSURANCES AND COMPLIANCE
VL EXAMINATION OF RECORDS
ATTACFIIvIENT A -SPECIAL PROVISIONS
The signatories (grantee, recipient sponsor, or cooperator) agrees to comply with the following
special provisions which are hereby attached to this agreement.
I. Drue-Free Workplace.
By signing this agreement, the recipient is providing the cation set out below. If it is later
determined that the recipient knowingly rendered a false ceRification, or otherwise violates the
requirements of the Drug-Free Workplace Act, the MRCS, in addition to any other remedies
available to the Federal Government, may take action authorized under the Drug-Free Workplace
Act
Controlled substance means a cormolled substance in Schedules I through V of the Controlled
Substances Act (21 U.S.C. 812) and as fiuther defined by regulation (21 CFR 1308.11 through
1308.15);
Conviction means a finding of (including a plea of nolo contendere) or imposition of
sentence, or both, by any judicial body charged with the responsibility to determine violations of
the Federal or State criminal drug statutes;
Criminal drug statute means a Federal or non-Federal criminal statute involving the
manufacturing, distribution, dispensing, use, or possession of any controlled substance;
Emolovee means the employee of a grantee directly engaged in the performance of work
ands a grant, including: (I) All d'vect charge employees; (ii) All indirect charge employees
unless their impact or involvement is insignificant to the performance of the grant; and, (iii)
Temporary personnel and consultants who are directly engaged in the peal'ormance of work under
the grant and who are on the grantee's payroll. This definition does not include workers not on
the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirements;
consultants or independent contractors not on the grantees' payroll; or employees of subrecipients
or subcontractorsin covered workplaces).
Certification:
A. The grantee certifies that it will or wi11 continue to provide adrug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufactut~ distribution,
dispensing, possession, or use of a controlled substance is prohtb8ed in
the grantee's workplace and specifying the actions that will be taken against employees for
violation of such prohibition;
(b) Establishing anongoingdrug-frce awareness program to inform employees about -
(1) The danger of drug abuse in the workplace;
(2) The grantee's policy of maintaining adrug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant
be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph 9a) that, as a condition of
employment under the grant, the employee will
(1) Abide by the terms of the statement; acrd
(2) Notifying the employer in writing of his or her conviction for a violation of a criminal
drug statute occurring in the workplace no later than five calendar days after such a conviction;
(e) Notifying NRCS m writing, within ten calendar days after receiving notice under
paragraph 9(dx2) from an employee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice, including position title, to every grant
officer or other designee on whose grant activity the convicted employee was working, unless the
Federal agency has designated a central point for the receipt of such notices. Notice shall include
the identification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving notice under
paragraph (dx2), with respect to any employee who is so convicted -
(1) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requving such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State or local health, law
enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain adrug-flee workplace through
implementation of Paragraphs (a), (b), (c), (d), (e), and (f).
(h) Agencies shall keep the original of all disclosure reports in the official files of the agency
B. The recipient may provide a Gst of the site(s) for the performance of work done in connection
with a specific project or other agreement.
II. Certification Re¢arding LobbyinQ (7 CFR 3018) (Applicable if this agreement exceeds
1S O4,00,~
(l) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
recipient, to arty person for influencing or attempting to influence an officer or employee of an
agency, Member of Ogress, and officer or employer of Congress, or a Member of Congress is
connection with the awarding of any Federal contract, the making of airy Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
oooperahve agreement.
(2) [f arty funds other than Federal appropriated funds Gave been paid or will be paid to any
person foc influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in
connection with this Federal corrtrad, grant, ban, or cooperative agreement, the undersigned shall
complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
(3) The recipient shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, Title 31, U. S. Cade. Any person who
fails to file the requved certificafion shall be subject to a civil penahy of not less than $10,000
and not more than $100,000 for each such failure.
III. Certification Regarding Debarment, Suspension, and Other Responsbility mattes -Primary
Covered Transactions, (7 CFR 3017)
(1) The recipient certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within athree-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, state or local) transaction or
contract under a public transaction; violation of Federal or State antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or kxal) with commission of any of the offenses enumerated in paragraph
(IXb) of this certification; and
(d) Have not within athre~-year period preceding this application/proposal has one or more
public transactions (Federal, State or local) terminated for cause or default.
(2) Where the primary recipient is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this agreement.
fV. Clean Air and Water Certification (Applicable ifthis agreement exceeds $100,000, or a
facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S.C.
1857o-8(cxl) or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed by
EPA, or is not otherwise exempt)
The recipient signatory to this agreement certifies as follows:
(a) Any facility to be utilized in the performance of this proposed agreement is , is
not ,listed on the Environmental Protection Agency List of Violating Facilities.
(b) To promptly notify the State or Regional Conservationist prior to the signing of this
agreement by NRCS, of the receipt of any communication from the Director, Office of Federal
Activities, U. S. Environmental Protection Agency, indicating that any facility
which he/she proposes to use for the performance of the agreement is under consideration to be
listed on the Environmental Protection Agency List of Violating Facilities.
(c) To include substantially this certification, including this subparagraph (c), in every
nonexempt subagreement.
Clean Air and Water Clause
(Applicable only if the agreement exceeds 5100,000, or a facility to be used has been the subject
of a conviction under the Clean Air Act (42 U.S.C. 1857a8(cxl) or the Federal Water Pollution
Control Act (33 U,S.C. 1319(c)) and is listed by EPA or the agreement is not otherwise exempt.)
A. The recipient agrees as follows:
(t) To comply withal] the requirements of section 114 of the Clean Air Act as amended (42
U.S,C. 1857, ~ seq., as amended by Public Law 91-604) and section 308 of the Federal Water
Pollution Control Act (33 U.S.C, [251 et. sq., as amended by Public Law 92-500), respectively,
relating to inspection, monitoring, entry, reports, and information, as well as other requirements
specified in section 114 and section 308 of the Air Act sect the Water Act, respectively, and all
regulations and guidelines issued thereunder before the signing of this agreement by MRCS.
(2) 't'hat no portion ofthe work required by this agreement will be performed in a facility listed
on the Environmental Protection Agency List of V iolating Facilities on the date when this
agreement was signed by MRCS unless and until the EPA eliminates the name of such facility or
facilities from such listing.
(3) To use their best efforts to comply with clean air standards and clean water standards at the
facilities in which the agreement is being performed.
(4) To insert the substance of the provisions of this clause in any nonexempt subagrcement,
including this subparagraph A. (4).
B. The terms used in this clause have the following meanings:
(1) The term "Air Act" means the Clean Air Act, as amended (42 U.S.C. 1857 et seq, as
amended by Public Law 91-604).
(2) The term "Water Act" means Federal Water Pollution Control Act, as amended (33 U.S.C.
1251 et seq, as amended by Public Law 92-55).
(3) The term "clean air standards" means any enforceable rules, regulations, guidelines,
standards, limitations, orders, controls, prohibitions, or other requirements which arc contained
in, issued under, or otherwise adopted pursuam to the Air Act or Executive ohder 11738, an
applicable implementation plan as described in section l10(d) ofthe Clean Air Act (42 U.S.C,
1857o•5(d)), and approved implementation procedure or plan under section 111(c) or section
111(d), respectively, of the Air Act (42 U.S.C. 1857c-6(c) or (d)), or an approved implementation
procedure under section 1 i 2(d) of the Air Act (42 U.S.C. 1857o-7(d)).
(4) The term "clean water standards" means any enforceable limitation, control, condition,
prohibition, standards, or other requirement which is promulgated pursuant to the Water Act or
contained a permit issued to a discharger by the Environmental Protection Agency ar by a State
under an approved program, as authorized by section 402 of the Water Act
(33 U.S.C. 1342 ar by a local government to ensure compliance with pretreatment regulations
as required by section 307 of the Water Act (3 U.S.C. 1317).
(5) The term "compliance" means compliance with clean air or wafer standazds. Compliance
shall also mean compliance with the scheduled ar plan ordered or approved by a court of
competent jurisdiction, the Environmental Protoction Agency ar any air or water pollution control
issued pursuant thereto.
(6) The term "facility" means any building, plant, installation, structure, mine, vessel ar other
floating craft, location ar site of operations, owned leased, ar supervised by a sponsor, to be
utilized in the performance of an agreement or subagreement. Where a location or site of
operations contains ar includes more than one building, plant, installation, ar structure, the cetire
location shall be deemed to be a facility except where the Duectar, Office of Federal Activities,
Environmental Protection Agency, determines that independent facilities are collated in one
BeograPhicalarea.
V. Assurances and Compliance
As a condition of the grant ar cooperative agreement, the recipient assures and certifies that h is
incompliance with and will comply in the course of the agreement with all applicable laws,
regulations, Executive Orders and other generally applicable requirements, including those sex out
in 7 CFR 3015, 3016, 3017, 3018, 3019, and 3052 which hereby are incorporated in this
agreement by reference, and such other statutory provisions as are specifically set forth herein.
VI. Examination of Records
Give the NRCS or the Comptroller General, through any authorized representative, access to and
the right to examine alt records, books, papers, ar documents related to this agreement. Retain all
records related to this agreement for a period of three years alts completion of the terms of this
agreement in accordance with the applicable OMB Circular.
U.S. Depaomeat of Agiarlace
Naaaal Resorcces Conservatlon Service
ASSURANCES RELATING TO
REAL PROPERTY ACQUISITION
NR(S-ADS-78
s-ss
A PURPOSE- This faro is bo be used by sponsor(s) to provide fire assrm~ces to the Natural Resources Conservation
Service of the U.S. Department of Agriculture which is required in connection with the imstallation of project
measures which involve Federal fitrancial assistance famished by the Natural Resormces Conservation Service.
B. PROJECTIv1EASURESCOVERED-
Name of project
Identity of nnprovemerd a devebpmerU
C REAL PROPERTY ACQUISITION ASSURANC6-
This assrrance is applicable if real property interests were acquired for the installation of project measures, amd/or if
persons, businesses, a farm operations were displaced as a result of such installation; an dthis assurance was not
previously provided for in the watershed, project measure, a other type of plan.
If this assurance was not previously provided, the undersigned sponsor(s) hereby assures they have complied, to the
extent practicable render State law, with the requirements of the Uniform Relocation Assistance and Real Property
Acquisition Policies Ad (42 U,S.C. 4601-46552 u implerrrerrted in 7 C.F.R. Part 21. Any exceptions taken from the
real property acquisition requirements order the authority of 42 U.S.C. 4655 because of State law have beam a is
hereby fianished to the Natural Resources Conservation Service along with the opinion of the (arief Legal Ofl'icer of
the Stale containing a fiill discussiar ofthe facts and taw famished.
D. ASSURANCE OF ADEQUACY OF REAL PROPERTY RIGI-ITS -
The undersigned spomsor(s) hereby assures that adequate real property rights and interests, water tights if applicable,
permits end liartses required by Federal, State, aril local htw, ordinance a regulation, and related adioas have been
taken to obtain the legal right to hrstal4 operate, maintain, and inspect the abovedeseribed project measures, except
for stnrctrues or improvements that are to be removed, relocated, modified, err salvaged before and/or during the
instalatim process.
This assurance is given with the knowledge that sponsor(s) are respomsble for arty excess costs a other conse-
quences in the everrt the real property rights are Cound to be imedequate during the installation process.
Furthemrae, this assurance is suppoRed by ao attaneys opinion dtaclred hereto that certifies an exarninatton of the
real property instruments snd files war made and they were formd to provide adequate title, right permission end
autrority for the purpmse(s) for whit![ the property was acquired.
tint dm wsecewirsy M NMan! PraegbnaaNas SWr
If any of the real property rights or interests were obtained by condemnation (eminent domain) proceedings, sponsor(s)
further assure end agree b prosecute the proccedings b a fmal cooclttsiar and pay such damages as awarded by the mtut.
Sdti~~ r)
Br~~~ .~
Title:~Ce.~ int"c ~/~r~
Title.
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at an official
l "L~! 2~ .1af.~~-Q1~ on
aay ~e,/~ ~~c /~ ,1~ a 1 ,
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y fr. )
~} 's action authorized
y an official meeting
on
_ day of ,19 ,
et
State of
Attest
(Name)
(title)
U8.> otAgioalaae
hlaoaal Resaaas Cuasavarion Savior
ASSURANCES RELATING TO
REAL PROPERTY ACQUISITION
HI2(S-ADS-98
5-88
A PURPOSE- 7iils form is m be used by sponsor(s) to provide the assraances to the Natural Resowces Catsavation
Service of the U.S. Department of Agriculture which is required in connection with the installation of project
measures which involve Foderal firrvrcial assistance famished try the Nanna! Resources Conservation Service.
B. pROJEGTMEASURESCOVITtED-
Nmne of project
Identity of improvement or dcvelopmettt
C. REAL PROPERTY ACQUISTIION ASSURANCE-
This asstaarrcc is applicable if real property intetesfs were acquired for the hstallation of project measures, and/or if
persons, businesses, or farm operations were displaced as a trsult of such installation; an dthis assurance was not
previously provided for in the watershed, project measure, or other type of plan
If tlris assurance was not previously provided, the undersigned sponsor(s) hereby asstms they have canpGal, to the
extent practicable under State law, with the requirements of the Uoifomt Relocation Assistance and Real Property
Acquisition Policies Act (42 U.S.C. 4601.4655), as implemented in 7 C.FR. Part 21. Any exceptions taken horn the
tea( property acgrnsiiion requitemertts under the authority of 42 U.S.C. 4655 because of State Iaw have been or is
hereby famished to the Natural Rcsaaces Corrsavation Service along with the opinion of the Qrief Legal t~'iar of
the State containing a full discussion of the fads and law famished.
D. ASSURANCE OF ADEQUACY OF REALPROPERTYRIGHTS -
1be undersigned spoosot{s) hereby asstaes dmt adequate real property tights and intetrsls, water rights if applicable,
petiole and licenses required by Federal, State, sod local law, ordinance or regulation. acrd related actions have burr
taken to obtain the legal rigid ro install, operate, maitrtaiq and inspect the abow^-described pmjed measutas, eatcept
for stttrdtares err improvements that are to be removed, relocated, modified, or salvaged before and/or dutiug tbe
installation process.
'Ibis assurance is given with We krowledge that sponsor(s) are respousble for any excess ousts anther conse-
quences in the event the real properly tights are found to be inadequate during the installation process.
Furtlrertrnore, ails esstnanxx is supported by an attorney's opinon attaded hereto flat certifies an examination of the
real prolerty inshtrments and files was made and they were found to provide adequate title, right, permission and
audtority for the purpose(s) for which the property was acquired.
rn4 aim we' a.aMpy poaber a„ wtwar Proextlon SeNas Star
If any of die real property rights or interests were obtained by condemnation (eminent domain) prntxedings, sponsor(s)
further assure and agree to pcosautc the proooedings f4 a fuml wnclusion and pay ar:h damages as awardod by the caul
(Nam of oomr)
Ttde:~~r nun [~~ J...~n
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AttesC
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