Received Bureau at me Management AUG 07 2015 Montan s: teOfl?ice 3mg; J0me,? 8/3/2015 8.04.27 AM MEMORANDUM OF AGREEMENT CONCERNING CONTRIBUTION OR DONATION OF MONEY FOR MANAGEMENT OF PUBLIC LANDS Between: United States Department of the Interior Bureau of Land Management, Montana/Dakotas State Of?ce And the North Dakota Petroleum Council 1. Purpose: This Memorandum of Agreement (Agreement) expresses the agreement between the United States Department of the Interior, Bureau of Land Management (BLM), Montana/Dakotas State Of?ce, 5001 Southgate Drive, Billings, Montana and the North Dakota Petroleum Council (NDPC), P. 0. Box 1395, Bismarck, North Dakota, concerning NDPC's voluntary contribution or donation of money for BLM Management of public lands. 2. Authority: Section 307(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1737(c)). 3. Responsibilities: a. NDPC shall: i. Donate or contribute up to $300,000 annually to Montana/Dakotas BLM, beginning in January 2015. All donations are voluntary. ii. Submit a completed DI 3680 form for each donation. b. BLM shall: i. Accept donated or contributed funds and use them to provide resources identi?ed by BLM that are necessary to complete all aspects of timely processing of Applications for Permit to Drill (APDs), Communitization Agreements (CAs), Sundry Notices, Well Completion Reports, as well as work required by the National Environmental Policy Act (NEPA) for analysis associated with APDs or associated realty actions on Federal or Tribal lands. ii. Monitor the expenditure of funds to ensure that the dollar commitment by the NDPC is not exceeded. BLM and NDPC will meet quarterly to discuss successes and challenges 1 to implementation of the MOA. iv. Ensure any donation by the NDPC meets the donation acceptance criteria in 374 DM 6, paragraph 6.6, before acceptance of any donation. c. Administration; Other Terms and Conditions: vi. vii. The principal contacts for this Agreement are: 1. Diane Friez, District Manager, Eastern Montana/Dakotas District Manager, 406-233-2827 2. Kari Cutting, Vice President, NDPC, 701-223-6380 For the purposes of transparency, this MOU will be posted to the BLM website. Any records or documents generated as a result of this Agreement shall become part of the official BLM record maintained in accordance with applicable BLM Records Management policies. Any requests for release of records associated with the implementation of this Agreement to anyone outside the participating Parties must be determined based on applicable laws, including the Freedom of lnforrnation Act and the Privacy Act. The BLM cannot agree to maintain confidentiality of information received from the NDPC except to the extent that is permitted under the Freedom of Information Act and the Privacy Act. The NDPC agrees that all record requests related to program filings, either their own or other entities', will be made through of?cial means. The BLM will not release records to the NDPC based on their participation in this Agreement. Any requests for release of records associated with the work duties of the BLM employees must be determined based on applicable laws, including the Freedom of Information Act and the Privacy Act. Entering into this Agreement does not provide priority of service. The NDPC understands and agrees that the BLM is responsible for all workload assignments, prioritization, and resource decisions. BLM is solely responsible for any and all employment and personnel decisions and will not disclose the source of funds to any personnel hired using funds provided under this Agreement. Additionally, BLM is solely responsible for all decisions or dispositions with respect to APDs, CAs, and other actions that are the subject of this Agreement. This Agreement is effective upon signature by both parties. BLM or NDPC may propose changes to this Agreement at any time. Such changes will be in the form of an amendment and will become effective upon signature by both parties. Nothing contained in this agreement is intended to create any right or benefit, substantive or procedural, by any third party against the United States, its agencies, its of?cers, or any person. ix. Nothing in this Agreement obligates the United States to any current or future expenditure of resources in advance of the availability of appropriations from Congress. x. BLM and NDPC may terminate this Agreement by providing the other participant ninety (90) days written notice at the following addresses: 1. NDPC, Attn: Ron Ness, PO. Box 1395, Bismarck, ND 58502 2. BLM, Attn: Jamie Connell, 5001 Southgate Drive, Billings, MT 59107 xi. If this Agreement is terminated prior to the expiration of its term, donated funds will remain with BLM. xii. The term of this Agreement will be for a one (1) year period beginning in January, 2015. Funding amounts will be evaluated on an annual basis based on program effectiveness. The Parties may renew this Agreement in future years by mutually signed modification referencing this Agreement, identifying the new Agreement period, and reflecting any modifications to the terms of this Agreement APPROVED: . Mr -- "f 2 Jamie?ionnell, State Director. Date Department of the Interior Bureau of Land Management Montana/Dakotas State Of?ce 5001 Southgate Drive Billings, MT 59107 (\xv I I. 3.. $1,501) Ron Ness Date President North Dakota Petroleum Council PO. Box 1395 Bismarck, North Dakota 58502 US. Department of the Interior Dl-3680 Donor Certification Form OMB Control No. 1090?0009 expires: 09/30/2015 Thank you for your interest in making a donation to the Department of the Interior or one of its bureaus (Bureau of Land Management, Bureau of Reclamation, Bureau of Indian Affairs, Bureau of Ocean Energy Management, Bureau of Safety and Enviromnental Enforcement, National Park Service, Office of Surface Mining, US. Fish and Wildlife Service, and US. Geological Survey, or other Departmental bureau). It is Interior?s policy to ensure that in accepting donations, the Department maintains its integrity and impartiality, and the con?dence of the public. The following certification helps the Department and you, the potential donor, to identify areas of concern that might be raised by a donation. An affirmative answer to any of the statements below does not mean a donation will be declined, but may initiate further review. I am executing this Donor Certification Form as an individual or on behalf of the following organization or person: Naif] up To the best of my owledge and belief, I certify that: 1. I am am not involved in litigation or other controversy with the Department or its bureaus. 2. I am am not seeking or otherwise engaged in any type of ?nancial or business relationship With the Department, for example, a contract, permit, lease, grant, or cooperative agreement. 3. have/ have not been debarred, suspended, proposed for debarment, excluded or disquali?ed under the nonprocurement common rule, or otherwise declared ineligible from doing business with any Federal government agency. 4. This donation is/ is not expected to be involved with marketing or advertising. 5. I am am not seeking to attach condition(s) to this donation. 6. This donation _X_is _is not part of a series of donations to the Department or its bureaus. molt-Mesa 5/2. 'mmewfafm mma?ww. For any affirmative answers above, please a ch ex anations. Please also identify any other circumstances not addressed in the above questions that may affect the Department?s decision to accept your donation. With my signature I hereby certify the above statements are accurate and attest that I am not aware of other issues regarding this donation that may be of concern to the Department. I also certify that this donation is not intended to in?uence any decision or action by the Department or to obtain any special treatment from the Department. I understand that the Department?s acceptance of this donation does not constitute endorsement by the Department of me or my products or services. Kari/Q. 9-19-15 Date g5 m3 All) 6555i Wail?"335652: 10% City State Zip Daytime or Work Phone Information collected via this form will be handled in accordance with the requirements of the Privacy Act and the Freedom of Information Act to attempt to ensure the greatest protection of personal privacy. Please see Notices pertaining to this Form on Page 2. NOTICES PRINCIPAL PURPOSE: This information is collected to support the Department?s policy that in accepting donations, the Department maintains its integrity and impartiality, and the confidence of the public by providing the donor the opportunity to certify certain basic information related to the gift. This information will only be used in accordance with 374 Departmental Manual Chapter 6 by Department of the Interior of?cials. EFFECT OF NOT PROVIDING THIS FORM: Submission of the form is completely voluntary, but not providing it may delay consideration of your proposed gi? to the Department as it will make it more difficult for the Department to determine the context of the gift. Submitting the form does not entitle the respondent to any bene?t. AUTHORITY: The authority for collecting this information may be found at 9 Stat. at L. 395, Ch. 108, at 18 U.S.C. 20], and at 374 Departmental Manual Chapter 6. PAPERWORK REDUCTION ACT NOTICE: The Paperwork Reduction Act of 1995 requires us to inform you that: the Department of the Interior, or one of its bureaus or of?ces, collects the information requested on this form pursuant to a proposal of a donor to proffer a gi? to the Department or one of its bureaus or offices valued at least $25,000. The Department, bureau or of?ce will evaluate the certification regarding your proposed gift to support its policy of ensuring integrity and impartiality in the ful?llment of its missions. This Information Collection has been approved by the Of?ce of Management and Budget (OMB), and the currently valid OMB Control Number and Expiration Date appears on the upper right corner of Page I of the Form. No Federal agency may request or sponsor, and you are not required to respond to, a request for information which does not contain a currently valid OMB Control Number. BURDEN HOURS STATEMENT: The public burden for this form is estimated at 20 minutes per response including the time for reviewing instructions, gathering and maintaining data, and completing and reviewing the form. Direct comments regarding the burden estimate or any other aspect of this form to: US Department of the Interior, Of?ce of the Secretary, Bureau lnforrnation Collection Clearance Of?cer, 195! Constitution Avenue, N.W., (MS 118 SIB), Washington, DC. 20240. Note comments, names and addresses of commentators are available for public review during regular business hours. If you wish us to withhold this information, you must state this prominently at the beginning of your comment. We will honor your request to the extent allowable by law. BLM Checklist to Determine Appropriateness of Donation DONATION INFORMATION Name of Prospective Donor: North Dakota Petroleum Council Amount of Donation: $300,000 Type of Donation: [XlMoney ]Real Property ]Personal Property ]Services Products Intended BLM Office to Receive Donation: Eastern Montana/Dakotas District, North Dakota Field Office ACCEPTANCE CONSIDERATIONS Category: Maintaining the integrity of the Department?s and No Yes or main; programs and operations (Appropriate) 1. Does self-certi?cation by the donor - for donations valued at $25,000 or more - reveal any questions or concerns that would make acceptance of this donation questionable? 2. Is the donation, or does it appear to be, an attempt to in?uence regulatory or other Departmental or BLM authority? 3. Does the donation fail to meet a legitimate Departmental or BLM need? 4. Does the donation require the commitment of funding that is not currently available or anticipated? 5. Does the donation fail to promote and enhance the mission and an individual program or unit? 6. Does the donation circumvent law, regulation. or policy? 7. Is the BLM likely to have dif?culty properly using or managing any donated real property. including land or interests in land, or personal property within policy. programmatic. and management goals? 8. Are any conditions on the donation inconsistent with authorized purposes and any relevant BLM policy or planning documents? 9. VWII the donation be used by the donor to state or imply endorsement or promotion by the Department or BLM of the donor or the donor's product or services? 10 Does the donation consist of personnel or funding to hire new or additional permanent employees?? Category: Maintaining the impartiality, and appearance of impartiality, of Departmental and BLM employees 1. Does the amount of the proposed donation appear to in?uence any pending Departmental or BLM decision or action involving the donor's interests? 2. Is there either an actual or an implied commitment by the Department or BLM to take an action favorable to the donor in exchange for the donation? 3. Is the donor (or its of?cers or directors) involved in litigation or other disputes with the Department, BLM or other Departmental bureaus or of?ces? 4. is the donor seeking a permit, license or other approval from the 5. Is the donor otherwise engaged in any type of business relationship with the 6. Will the donor obtain or appear to obtain preferential treatment in dealing with the Department or Category: Maintaining public confidence in the Department and BLM, its programs, and its personnel 1. Would accepting the donation be likely to cause substantial public controversy? 2. Does the donation involve any inappropriate goods or services? 3. Does the prospective donor have any signi?cant recent known history of violations, whether criminal or civil in nature? 4. Has the donor been debarred from contracting with the BLM. DOI, or another government agency? 5. Is the donation connected to corporate marketing? No (Appropriate) Yes or Maybe No (Appropriate) Yes or Maybe *Charging time for existing employees to donated funding accounts may be appropriate in some circunstances. The donation. whether for personnel or funding to hire personnel, must be structured such that the donated or funded personnel do not inappropriately in?uence Departmental or BLM regulatory actions or other signi?cant decision. AUTHORIZED EMPLOYEE DIANE 3::ng Completed By: FRIEZ Diane M. Friez, District ?333%? Estern Montana/Dakotas District Date .. I . "7 4? Concurred By: . jinn 77/ :2 Jarry??VE. Donnell, State Director, Montana/Dakotas BLM Date United States Department of the Interior BUREAU OF LAND MANAGEMENT Washington, DC. 20240 gov OCT 1 6 2015 In Reply Refer To 1105, 3100 (400) Memorandum To: State Director, Montana/Dakotas From: Assistant Director, National Landscape Conservation System and Community Partnerships (BLM Donations Senior Manager) Subject: Review of Received and Anticipated Donations from the North Dakota Petroleum Council This memorandum documents our review of 2015 donations received, and additional donations anticipated to be received, by the BLM from the North Dakota Petroleum Council NDPC). Relevant documents submitted to this of?ce by the BLM Montana/Dakotas State Of?ce and Eastern Montana/Dakotas District Of?ce include: Early Alert Memorandum about NDPC donations for 2015; Completed/ signed BLM Checklist to Determine Appropriateness of Donation; Completed/signed Departmental Donor Certi?cation Form and Signed Memorandum of Agreement between the BLM Montana/Dakotas State Of?ce and NDPC 5 1 3) We have reviewed the documents and completed a compliance assessment as required by the Departmental Donations Policy (374 DM 6). Based on our review, we have determined that all relevant requirements have been met. In addition, we have concluded that there are no outstanding issues that would cause us to decline or recommend declining the donations. It is our understanding that the aggregate voluntary donations from NDPC for 2015 will total up to $300,000, the use of which is to be governed under a one-year Memorandum of Agreement (MOA) between the BLM Montana/Dakotas State Of?ce and NDPC (BLM-MOU-MT910- 1513). It is also our understanding that a draft of this MOA was reviewed by Departmental Of?ces of the Solicitor in the ?eld and the Washington Of?ce, and that the Solicitors? input was incorporated into the ?nal MOA prior to both parties signing the agreement. This MOA is included in the attached supporting documentation ?le. Please note that voluntary donations to the BLM will not in?uence any decision or action by the BLM, nor provide donors with any special treatment or consideration. Further, accepting a donation does not constitute an endorsement by the BLM of any donor, its products, or its services. Should you have any questions, please feel free to contact me or Trevor Needham, BLM National Partnerships Program Lead, at Trevor or (202) 912-7097. @1 5&6 fl?. stin M. Bail Assistant Director National Conservation Lands and Community Partnerships 1 Attachment: 1 Supporting Documentation for North Dakota Petroleum Council Donations Review (9 pp) cc (signed copy w/attachment): Assistant Director, Energy, Minerals, and Realty Management (WO-300) Please note: This is an doctrine"! only; it is not?jin' t'xrermd distribution. To: W0 Officials From: BLM Montana/Dakotas State Of?ce Through: Division Chief, W0 Public Affairs Subject: North Dakota Petroleum Council Funding for 2015 What: The North Dakota Petroleum Council (NDPC) has agreed to donate/contribute $295,000 for calendar year 2015 to continue to assist the BLM North Dakota Field Of?ce with oil and gas related work. . Who: North Dakota Petroleum Council Where: BLM North Dakota Field Of?ce, Dickinson When: February 4, 2015 Background: The BLM Eastern Montana/Dakotas District, which includes the North Dakota Field Of?ce, entered into a Memorandum of Agreement (MOA) with the NDPC in 2013. The purpose of this MOA is to provide the BLM with additional capacity to process Federal Applications for Permit to Drill. This MOA was entered into under the authority of Section 307(b) of the Federal Land Policy and Management Act of 1976 (F LPMA), as amended, 43 U.S.C. 1737(b), and the initial agreement was reviewed by the Solicitor at both the local and Washington Of?ce levels. Prior to the 2015 donation, a total of $245,000 has been donated/contributed by the NDPC. The NDPC will make the 2015 contribution in two segments due to current low oil pricing. The ?rst payment of $136,000 has been received and will be used to partially fund ?ve TERM positions at the North Dakota Field Of?ce. A second payment for the balance will follow later this spring. The Eastern Montana/Dakotas District is coordinating with the designated Bureau Senior Leader and the Solicitor to update the existing MOA to re?ect the increased donation/contribution and complete the required paperwork. Contact: Diane Friez, Eastern Montana/Dakotas District Manager: (406)233-2827 BLM Checklist to Determine Appropriateness of Donation DONATION INFORMATION Name of Prosoective Donor: North Dakota Petroleum Council Amount of Donation: $300,000 Type of Donation: [leoney Real Property ]Personal Property ]Services 1 Products intended BLM Of?ce to Receive Donation: Eastern MontanaIDakotas District, North Dakota Field Office ACCEPTANCE CONSIDERATIONS Category: Maintaining the Integrity of the Department?s and No Yes or Maybe BLM's programs and operations (Appropriate) 1. Does self?certification by the donor - for donations valued at $25.000 or more - reveal any questions or concerns that would make acceptance of this donation questionable? 2. is the donation. or does it appear to be. an attempt to influence regulatory or other Departmental or BLM authority? - uni 3. Does the donation fail to meet a legitimate Departmental or BLM need? 4. Does the donation require the commitment of funding that is not currently available or anticipated? 5. Does the donation fall to promote and enhance the BLM's mission and an individual program or unit? 6. Does the donation circumvent law. regulation, or policy? 7. Is the BLM likely to have dif?culty property using or managing any donated real preperty. including land or interests in land. or personal property within policy. programmatic. and management goals? 8. Are any conditions on the donation inconsistent with authorized purposes and any relevant BLM policy or planning documents? 9. Will the donation be used by the donor to state or imply endorsement or promotion by the Department or BLM oi the donor or the donor's product or services? ., .. .. - .- 10 Does the donation consist of personnel or funding to hire new or additional permanent employees?? Category: Maintaining the impartiality. and appearance of impartiality, of Departmental and BLM employees 1. Does the amount of the proposed donation appear to in?uence any pending Departmental or BLM decision or action involving the donor's interests? 2. is there either an actual or an implied commitment by the Department or BLM to take an action favorable to the donor in exchange for the donation? 3. is the donor (or its of?cers or directors) Involved in litigation or other disputes with the Department. BLM or other Departmental bureaus or offices? is the donor seeking a permit, license or other approval from the 5. Is the donor otherwise engaged in any type of business relationship with the 6. Will the donor obtain or appear to obtain preferential treatment in dealing with the Department or Category: Maintaining public confidence In the Department and BLM, its programs. and its personnel 1. Would accepting the donation be likely to cause substantial public controversy? 2. Does the donation involve any inappropriate goods or services? 3. Does the prospective donor have any signi?cant recent known history of violatiOns, whether criminal or civil in nature? 4. Has the donor been debarred from contracting with the BLM. DOI, or another government agency? 5. Is the donation connected to corporate marketing? regaining? No (Appropriate) Yes or Maybe ?Charging time to: existing employees to donated funding accounts may be appropriate in some circumstances. The donation. whether for personnel or ?rming to hire personnel. must be structured such that the denated or funded personnel do not inappropriatety infktence Departmental 0r BLM regulatory actions or other signi?cant decision. AUTHORIZED EMPLOYEE DIAN if"; Completed By: '1 Diane M. Friez, District Montana/Dakotas District Date a 1-) a . Concurred By: - 5 Jar??'Ef?onnell, State Director, Montana/Dakotas BLM Date - m? .- .. . US. Department ofthe interior Dl-3680 Donor Certi?cation Form OMB Control No. l090-0009 expires: 0930/2015 Thank you for your interest in making a donation to the Department of the interior or one of its bureaus (Bureau of Land Management, Bureau of Reclamation. Bureau of Indian Affairs, Bureau of Ocean Energy Management, Bureau of Safety and Environmental Enforcement, National Park Service, Of?ce of Surface Mining, US. Fish and Wildlife Service, and US. Geological Survey, or other Departmental bureau). It is policy to ensure that in accepting donations, the Department maintains its integrity and impartiality, and the con?dence of the public. The following certification helps the Department and you, the potential donor, to identify areas of concern that might be raised by a donation. An af?rmative answer to any of the statements below does not mean a donation will be declined, but may initiate further review. 1 am executing this Donor Certi?cation Form as an individual or on behalf of the following organization or person: Dakota, up To the best of my owiedge and belief, I certify that: l. am am not involved in litigation or other controversy with the Department or its bureaus. 2. I am I am not seeking or otherwise engaged in any type of ?nancial or business relationship With the Department, for example, a contract, permit, leaSc, grant, or cooperative agreement. 3. have not been dcbarrcd, suspended, proposed for debarment, excluded or disquali?ed under the nonprocuremcnt common rule, or otherwise declared ineligible front doing business with any . Federal government agency. 4. This donation is/ is not expected to be involved with marketing or advertising. 5. I am I Emam not seeking to attach condition(s) to this donation. is not part of a series of donations to the Department or its bureaus. 6. This donation _X_is/ matan 0t 5 fl. Meier?an For any af?rmative answers above, please much es auctions. Please also identify any other circumstances not addressed in the above questions that may affect the Department?s decision to accept your donation. With my signature I hereby certify the above statements are accurate and attest that I am not aware of other issues regarding this donation that may be of concern to the Department. I also certify that this donation is not intended to in?uence any decision or action by the Department or to obtain any special treatment from the Department. i understand that the Department's acceptance of this donation does not constitute endorsement by the Department of me or my products or services. if 71%: End/i). .25 1915*. Si turn Pmeiil?lttd?lw [mark andml 0723 We. untow area City State Zip Daytime or Work Phone Information collected via this form will be handled in accordance with the requirements of the ?rjyaey Act and the Freedoniof Act to attempt to ensure the greatest protection of personal privacy. Please see Notices pertaining to this Form on Page 2. NOTICES PRINCIPAL PURPOSE: This information is collected to support the Department's policy that in accepting donations, the Department maintains its integrity and impartiality, and the con?dence of the public by providing the donor the opportunity to certify certain basic information related to the gift. This information will only be used in accordance with 374 Departmental Manual Chapter 6 by Department of the interior of?cials. EFFECT OF NOT PROVIDING THIS FORM: Submission of the form is completely voluntary, but not providing it may delay consideration of your proposed gift to the Department as it will make it more dif?cult for the Department to determine the context of the gift. Submitting the form does not entitle the respondent to any bene?t. AUTHORITY: The authority for collecting this information may be found at 9 Stat. at L. 395, Ch. IDS, at 18 U.S.C. 201, and at 374 Departmental Manual Chapter 6. PAPERWORK REDUCTION ACT NOTICE: The Paperwork Reduction Act of 1995 requires us to inform you that: the Department of the interior, or one of its bureaus or of?ces, collects the information requested on this form pursuant to a proposal of a donor to proffer a gift to the Department or Out: of its bureaus or oilices valued at least $25,000. The Department, bureau or of?ce will evaluate the certi?cation regarding your proposed gilt to support its policy of ensuring integrity and impartiality in the ful?llment of its missions. This Information Collection has been approved by the Of?ce of Management and Budget (OMB), and the currently valid OMB Control Number and Expiration Date appears on the upper right corner of Page i of the Form. No Federal agency may request or Sponsor, and you are not required to reSpond to, a request for infermation which does not contain a currently valid OMB Control Number. BURDEN HOURS STATEMENT: The public burden for this form is estimated at 20 minutes per response including the time for reviewing instructions. gathering and maintaining data, and completing and reviewing the form. Direct comments regarding the burden estimate or any other aspect of this form to: US. Department of the Interior, Of?ce of the Secretary, Bureau information Collection Clearance Of?cer, Constitution Avenue, N.W.. (MS 118 SIB). Washington, DC). 20240. Note comments, names and addresses of commentators are available for public review during regular business hours. If you wish us to withhold this information, you must state this prominently at the begiruiing of your comment. We will honor your request to the extent allowable by law. Received Bureau at Lino Management AUG ll 7 2015 Montana State O?tce 313/201 5 8-0427 AM Billings. Montana I MEMORANDUM OF AGREEMENT CONCERNING CONTRIBUTION OR DONATION OF MONEY FOR MANAGEMENT OF PUBLIC LANDS Between: United States Department of the Interior Bureau of Land Management. Montana/Dakotas State Office And the North Dakota Petroleum Council 1. Purpose: This Memorandum of Agreement (Agreement) expresses the agreement between the United States Department of the Interior, Bureau of Land Management (BLM). Montana/Dakotas State Office. 5001 Southgate Drive, Billings, Montana and the North Dakota Petroleum Council (NDPC), P. 0. Box 1395, Bismarck. North Dakota, concerning voluntary contribution or donation of money for BLM Management of public lands. 2. Authority: Section 307(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1737(c)). 3. Resgonsibilities: a. NDPC shall: i. Donate or contribute up to $300,000 annuaity to Montana/Dakotas BLM. beginning in January 2015. All donations are voluntary. ii. Submit a completed DI 3680 form for each donation. b. BLM shall: i. Accept donated or contributed funds and use them to provide resources identified by BLM that are necessary to compiete ali aspects of timely processing of Applications for Permit to Drill (APDs), Communitization Agreements (CAs). Sundry Notices, Well Completion Reports. as well as work required by the National Environmental Policy Act (NEPA) for analysis associated with APDs or associated realty actions on Federal or Tribal lands. ii. Monitor the expenditure of funds to ensure that the dollar commitment by the NDPC is not exceeded. BLM and NDPC will meet quarterly to discuss successes and challenges 1 iv. to implementation of the MOA. Ensure any donation by the NDPC meets the donation acceptance criteria in 374 DM 6. paragraph 6.6. before acceptance of any donation. c. Administration; Other Terms and Conditions: vi. vii. The principal contacts for this Agreement are: 1. Diane Friez, District Manager. Eastern Montana/Dakotas District Manager, 406?233?2827 2. Keri Cutting. Vice President. NDPC. 701?223-6380 For the purposes of transparency. this MOU will be posted to the BLM website. Any records or documents generated as a result of this Agreement shall become part of the official BLM record maintained in accordance with applicable BLM Records Management policies. Any requests for release of records associated with the implementation of this Agreement to anyone outside the participating Parties must be determined based on applicable laws. including the Freedom of information Act and the Privacy Act. The BLM cannot agree to maintain confidentiality of information received from the NDPC except to the extent that is permitted under the Freedom of information Act and the Privacy Act. The NDPC agrees that all record requests related to program filings. eithertheir own or other entities'. will be made through official means. The BLM will not release records to the NDPC based on their participation in this Agreement. Any requests for release of records associated with the work duties of the BLM employees must be determined based on applicable laws. including the Freedom of information Act and the Privacy Act. Entering into this Agreement does not provide priority of service. The NDPC understands and agrees that the BLM is responsible for all workload assignments. prioritization. and resource decisions. BLM is solely responsible for any and all employment and personnel decisions and will not disclose the source of funds to any personnel hired using funds provided under this Agreement. Additionaiiy, BLM is solely responsible for all decisions or dispositions with reapect to APDs. CAs. and other actions that are the subject of this Agreement. This Agreement is effective upon signature by both parties. BLM or NDPC may propose changes to this Agreement at any time. Such changes will be in the form of an amendment and will become effective upon signature by both parties. Nothing contained in this agreement is intended to create any right or benefit. substantive or procedural. by any third party against the United 2 xi. xii. APPROVED: {Kg/nu: grit/V Jami??ohnell, State Director. Department of the Interior Bureau of Land Management Montana/Dakotas State Office 5001 Southgate Drive Billings, MT 59107 States, its agencies, its officers, or any person. Nothing in this Agreement obligates the United States to any current or future expenditure of resources in advance of the availability of appropriations from Congress. BLM and NDPC may terminate this Agreement by providing the other participant ninety (90) days written notice at the following addresses: 1. NDPC, Attn: Ron Ness, PO. Box 1395, Bismarck, ND 58502 2. BLM, Attn: Jamie Connell. 5001 Southgate Drive. Billings. MT 59107 If this Agreement is terminated prior to the expiration of its term, donated funds will remain with BLM. The term of this Agreement will be for a one (1) year period beginning in January, 2015. Funding amounts will be evaluated on an annual basis based on program effectiveness. The Parties may renew this Agreement in future years by mutually signed modification referencing this Agreement. identifying the new Agreement period. and reflecting any modifications to the terms of this Agreement Wit/x; Ron Ness Date President - North Dakota Petroleum Council PO. Box 1395 Bismarck, North Dakota 58502 Tate