to safeguard any Restricted Data, Formerly Restricted Data, or any other classified matter that may come to WERL or any person under the WERL's control in connection with work under this Agreement may subject the WERL, its agents, employees, or subcontractors to criminal liability under the laws of the United States. (See the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq; 18 U.S.C. 793 and 794; and Executive Order 10501, as amended.) (g) Subcontracts and purchase orders.-Except as otherwise authorized in writing by the contracting officer, the WERL shall insert provisions similar to the foregoing in all subcontracts and purchase orders under this Agreement. ARTICLE 9. SAFETY, HEALTH AND FIRE PROTECTION The WERL agrees to take all steps and all precautions to protect health and to minimize danger from all hazards to life and property, in accordance with WERL standards. WERL further agrees to make reports and permit NVO0 to conduct safety inspections regarding the methods of conducting safety, health and fire protection activities. ARTICLE 10. INSPECTIONS AND AUDITS NVOO will at all reasonable times have access to the facilities and records of the WERL pertaining to the work under this Agreement for the purpose of inspection and audit, and the WERL shall provide NVOO with facilities for such inspection and audit. ARTICLE 11. PRESERVATION OF RECORDS Subject to such other disposition as may be agreed upon by the WERL and the NVOO, the WERL shall preserve accounting records as prescribed by General Records Schedules which govern all civilian agencies. ARTICLE 12. PATENTS (a) Whenever any invention or discovery is made or conceived by the WERL or its employees in the course of or under this Agreement, the WERL shall promptly furnish the NVOO with complete information thereon; and the NVOO shall have the sole power to determine whether or not and where a patent application shall be filed, and to determine the disposition of the title to and rights in and to any invention or discovery and any patent application that may result. The judgment of the NVOO on these matters shall be accepted as final; and the WERL, for itself and for its employees, agrees that the inventor or inventors will execute all documents and do all things necessary or proper to carry out the judgment of the NVO0. (b) No claim for pecuniary award or compensation under the provisions of the Atomic Energy Act of 1954, as amended, shall be asserted by the WERL or its employees with respect to any invention or discovery made or conceived in the course of or under this Agreement. (c) Except as otherwise authorized in writing by the NVOO, the WERL will obtain patent agreements to effectuate the purposes of paragraphs a and b of this Article from all persons who perform any part of the work this Agreement, except such clerical and manual labor personnel as will not have access to technical data. (d) Except as otherwise authorized in writing by the NVOO, the WERL will insert in all subcontracts provisions making this Article applicable to the subcontractor and its employees. (e) It is recognized that during the course of the work under this Agreement, the WERL or its employees may from time to time desire to publish, within the limits of security requirements, information regarding scientific or technical developments made or conceived in the course of or under this Agreement. In order that public disclosure of such information will not adversely affect the patent interests of the AEC or the WERL, patent approval for release and publication shall be secured from the NVOO prior to any such release or publication. (f) With respect to any U.S. Patent Application filed by the WERL or any invention or discovery made or conceived in the course of the Agreement, the WERL will incorporate in the first paragraph of the U.S. Patent Application the following statement: "The invention described herein was made in the course of, or under, an agreement with the U.S. Atomic Energy Commission." ARTICLE 13. REPORTS, INFORMATION, AND DATA (a) The WERL will submit to NVOO, and others upon the request of NVOO, periodically and at such other times as may be required, technical and other reports regarding the progress of the work and results of information arising therefrom, and upon completion of the work will furnish a final report summarizing its activities, findings, and conclusions pertaining to the work performed under this Agreement. Such reports shall be freely usable by the NVOO for any purpose whatsoever. (b.) Except as otherwise authorized in writing by the NVOO, the WERL will insert in any subcontract provisions making this Article applicable to the subcontractor and its employees and consultants. (c.) In connection with peaceful nuclear explosive experiments, WERL will use its best efforts to prevent public disclosure or dissemination of technical information or data which are designated by an industrial participant as "company confidential" or "proprietary.' (d.) Information or data which could have immediate public health and safety implications to areas of off-site operations involving underground testing or rocket firing, will be jointly reviewed by WERL and NVOO on an expedited basis so that such information or data will be promptly released. (e.) Information or data involving national policy considerations or having agency-wide implications would be jointly reviewed on an expedited basis by WERL and NVOO and referred by either or both organizations to their respective headquarters for coordination and resolution prior to release by either agency. As an example, any information (such as long-range trajectories) having broad national policy implications, including information either related to or interpreting U.S. conformance to the Limited Test Ban Treaty, would require AEC, State Department, and where applicable, other Washington agency approval prior to release. (f.) Routine information or data not covered by paragraphs c, d and e above may be released by WERL subject to appropriate classification and security reviews. ARTICLE 14. CORRESPONDENCE All correspondence of policy nature or involving interpretation of this Agreement from the WERL to NVOO will be sent to the Manager, NV00, and all such correspondence from NVOO to the WERL will be sent to the Director, WERL. ARTICLE 15. TERMINATION This Agreement will continue in effect unless and until it is terminated by agreement of the parties or is terminated by either party upon sixty (60) days written notice of termination to the other party. ARTICLE 16. TRANSITION FROM FORMER AGREEMENT (a.) On and after the effective date of this Agreement, all rights and obligations of the parties with respect to work described herein, shall be governed by the provisions of this Agreement. Prior to said effective date, the rights and obligations of the parties shall be controlled by the provisions of the USPHS Memorandum of Understanding No. SF-54–373. (b.) The rights and obligations of the parties which have been incurred or which have accrued or matured under the provisions of USPHS Memorandum of Understanding No. SF-54–373, on or prior to the effective date of this Agreement, shall in no wise be impaired, limited, enlarged, or effected by reason of the provisions of this Agreement. (c.) All materials, tools, machinery, equipment, supplies and other property; all drawings, designs, specifications, and other engineering, technical, scientific and operating data furnished to or acquired by the USPHS in connection with work under USPHS Memorandum of Understanding No. SF-54-373, to the extent that they are in the custody or possession of the WERL on the effective date of this Agreement, shall remain in the custody or possession of the WERL for use in connection with the work under this Agreement, unless otherwise directed by the NVOO. (d.) All purchase orders, subcontracts, leases, licenses, permits, and other contractual commitments with third parties entered into pursuant to USPHS Memorandum of Understanding No. SF-54-373, and outstanding on the effective date of the Agreement, shall continue in effect for use in connection with the work to be performed under this Agreement unless otherwise directed by the NVOO, and the reimbursement of costs incurred after the effective date of the Agreement, shall be subject to the provisions of this Agreement. U.S. ATOMIC ENERGY COMMISSION, ROBERT E. MILLER, Manager, NVOO, AEC. Assistant Administrator for Research and Monitoring, EPA. ENVIRONMENTAL PROTECTION AGENCY. WATER QUALITY OFFICE, Washington, D.C., January 5, 1971. Mr. GEORGE IRVING, Administrator, Agricultural Research Service, Washington, D.C. DEAR MR. IRVING: Enclosed are two copies of a Letter of Agreement for our cooperative project, entitled "Pollution Abatement from Cattle Feedlots in Northeastern Colorado and Eastern Nebraska." This agreement pertains to work accomplishments and transfer to funds for fiscal year 1971. If you concur, please sign and return one copy of the agreement to us. Enclosures. DAVID D. DOMINICK, Acting Commissioner, Water Quality. MEMORANDUM OF AGREEMENT BETWEEN WATER QUALITY OFFICE, ENVIRONMENTAL PROTECTION AGENCY, AND AGRICULTURAL RESEARCH SERVICE, U.S. DEPARTMENT OF AGRICULTURE, FOR A JOINT COVERING THE RESEARCH PROGRAM: POLLUTION ABATEMENT FROM CATTLE FEEDLOTS IN NORTHEASTERN COLORADO AND EASTERN NEBRASKA, INTRODUCTION This Agreement covers the work to be conducted in FY-71 as a part of the above research program. The objective of this program is to determine the nature of pollution from cattle feedlots and to evaluate different feedlot management systems for disposing of wastes under two contrasting climatic zones. Information obtained from this research will be used by the Water Quality Office (WQO) and the Agricultural Research Service (ARS) in planning and designing feedlots and for evaluating pollution abatement and waste disposal systems for cattle feedlots in those areas represented by the project. RESEARCH PROGRAM The research program and plan of operation is set forth in the proposal "Pollution Abatement from Cattle Feedlots in Northeastern Colorado and Eastern Nebraska" submitted by D. C. E. Evans, Soil and Water Conservation Research Division, Fort Collins, Colorado, on May 9, 1969. The specific objectives are: 1. To determine the extent and kinds of microbial, chemical, and organic pollutants entering the atmosphere, soils. and surface and underground water supplies from cattle feedlots in two contrasting climatic zones (Northeastern Colorado with annual precipitation of 14-15 inches and Eastern Nebraska with precipitation of 27-28 inches). 2. To evaluate different feedlot management systems as to their effectiveness and efficiency in disposing of both liquid and solid wastes under two different climatic conditions. The program will be conducted by the Agricultural Research Service, who will also provide funding at a level equal to or greater than funds made available to ARS by WOO. Each year following FY-70, an exchange of correspondence initiated by WQO will be used to effect transfer of funds from WQO to ARS for continuation of this research project. Although this Memorandum of Agreement covers only that part of the program to be accomplished in FY-71, the following Articles of Agrement will be a part of subsequent agrements as covered by exchanges of correspondence, unless specifically rescinded thereby : 1. The Agricultural Research Service will plan, manage, and conduct the research program. For this purpose, the Service will provide personnel, staff, and laboratory facilities, field and laboratory equipment, and computer and data processing facilities. The Service will prepare quarterly progress and annual reports and submit them to WQO. At the conclusion of the project, a comprehensive report, including a set of recommendations for managing feedlots based on the findings, will be developed by ARS. 2. The WQO will fund its share of the program, contingent upon sufficiency of Congressional appropriations. Under terms of the Memorandum of Agreements, funds will be transferred from WQO to ARS for reimbursement of incurred program costs, including ARS administrative costs. The Service will provide suitable accounting and reporting of program expenditures. The basis for reimbursement will be a certified cost statement furnished to the WQO by the ARS, no more often than quarterly. 3. Specific aspects of the scope of work for FY-71 shall include: evaluation of the effects of feedlots on groundwater quality; development of a model describing pollutant dispersion in groundwater; evaluation of soil nitrification-denitrification processes; evaluations of effects of feedlot effluent used for cropland irrigation; and, monitoring organic pollutants in feedlot runoff. PUBLICATION Publication of developed data will be jointly, provided that both parties shall have the opportunity to review manuscripts prior to publication. Should differences of viewpoint occur, an effort will be made to reconcile them. However, this shall not prohibit either party from publishing the information provided it assumes sole responsibility and gives credit to the other party for cooperation furnished. The party publishing will furnish the other party such number of manuscript copies as may be agreed upon. CONTINUATION OF STUDY It is the intent of both parties that this research project be funded for three years, subject to the availability of funds. The project duration will be extended for a longer time period depending upon the project results and if agreed to mutually by the parties involved. Each year following FY-70, the annual report and a description of the future work will be submitted to the WQO. Following review of the report and proposed program, WQO. Following review of the report and proposed program, WQO will initiate and exchange of correspondence to continue the project and effect a transfer of funds to ARS. The FY-71 cost to WQO is estimated at $152,000. FY-71 through FY-73 costs are estimated as noted in the attached budget schedule, Exhibit A. The total study cost to WQO is estimated to be $456,000. AGREEMENT By this memorandum, the Agricultural Research Service and Water Quality Office, Environmental Protection Agency agree to follow the Articles of Agreement herein set forth to accomplish the research planned for FY-71. The Environmental Protection Agency agrees to transfer funds in an amount not to exceed $152,000. GEORGE IRVING. Administrator, Agricultural Research Service, Commissioner, Water Quality Office, JANUARY 5, 1971. |