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Environmental Considerations:
Incorporating environmental considerations into partnership agreements guarantees that both parties place a high priority on pursuing sustainable outcomes and actively safeguarding, maintaining, and enhancing the environment in accordance with the mandates set forth in The National Environmental Policy Act (NEPA) of 1969.
The National Environmental Policy Act (NEPA) of 1969, as amended (42 U.S.C. §4321 et seq.), establishes national policy and procedures for the protection, maintenance, and enhancement of the environment. It requires NASA to integrate environmental considerations into Agency decisions before taking action. NASA actions include all programs or projects that are financed (even partially), assisted, conducted, regulated, approved or permitted by NASA. Therefore, NASA initiators of partnership activities must take NEPA requirements into consideration and discuss with potential partners during the agreement formulation phase and throughout performance of the partnership activity as necessary.
The NASA NEPA Manager can advise and assist in the completion of any NEPA-related requirements impacting partnership activities.
Generally, unless liability is waived by the other party, each party is responsible for damages arising from its own actions. NASA must always address liability and the risk of loss. If the partnership activity presents the potential for damage to persons or property, NASA and the potential partner will need to discuss how those risks will be addressed. If the partner proposes to use hazardous materials at a NASA facility, the parties will need to assess the current condition of the property. In instances where there is a reasonable risk of significant damage to NASA property, also known as a high-risk activity, partners are required, at no cost to NASA, to maintain throughout the term of the agreement, insurance to cover the loss of or damage to U.S. Government property as a result of any activities conducted under the agreement.
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