DOE. The authority for the DOE to enter into this MOU includes sections 301 and 641 of the DOE Organization Act (42 U.S.C. 7151 and 7251) and 216(h) and 309 of the FPA (16 U.S.C. 824p(h) and 825h). The authority for the EPA to enter into this MOU includes NEPA, the CWA, and the CAA.
DOE. Approval of the Facility as satisfying the fire safety and protection standards under the Fire Protection and Prevention Xxx 0000 Service Ordinance, 2003 (Ord. No. VII of 2003) and Civil Defence Xxx 0000 (Act. XXXI of 1952). DFSCD
DOE a. Shall be responsible for: surveillance, operation and maintenance, including monitoring and enforcement of any institutional controls which have been imposed on a site or vicinity properties; management, protection, and accountability of federally- owned property and interests therein; and any other federal responsibilities, including claims and litigation, for those sites identified as completed in Attachment “A”. Should it be necessary to undertake further administrative actions to finalize the completion of those sites in Attachment “A”, DOE will identify the administrative actions to be taken, coordinate funding requirements for those actions with USACE, and upon receipt of funds from USACE, complete the necessary administrative actions to finalize completion of those sites;
b. Shall request USACE to conduct additional FUSRAP cleanup in a manner consistent with those procedures described in Article III section D, FUSRAP ELIGIBILITY (NEW SITES);
c. Shall be successor to USACE in Federal Facility Agreements for long-term surveillance, operation and maintenance, for which DOE is responsible under the provisions of this MOU;
d. Shall be responsible for administration of payments in lieu of taxes for any federally- owned lands held in connection with FUSRAP; and
e. Upon completion of FUSRAP activities by USACE, shall be responsible for: surveillance, operation and maintenance, including monitoring and enforcement of any institutional controls which have been imposed on a site or vicinity properties; management, protection and accountability of federally-owned property and interests therein; and any other federal responsibilities, including claims and litigation, not directly arising from USACE FUSRAP response actions.
DOE a. Upon request from USACE, shall provide USACE with site designation decision documents and reports, contractual documents, program administration files, technical records, and documents related to federally-owned property, including associated financial records, cost estimates, schedules of program activities, and supporting data;
b. Xxxxxx provides USACE with authorization for access to such lands or interests in land for which DOE has administrative accountability or to which DOE otherwise is authorized to provide access pursuant to statute, permit, license or similar agreement, to the extent that it may do so under the terms of any such agreements;
c. Upon request from USACE, to the extent permitted by law, shall acquire, using funds appropriated for FUSRAP activities, such additional real property and interests therein as may be required by USACE to execute the program, if USACE cannot otherwise accomplish the acquisition under its own authority;
d. To the extent permitted by law, xxxxxx agrees to provide such authorization to USACE as may be required to terminate any existing leases, licenses, permits, or other agreements for access to, and the use of, land or facilities which USACE determines are no longer required to execute FUSRAP;
e. Beginning two years after closeout, shall be responsible for long-term surveillance, operation and maintenance, including monitoring and enforcement of any institutional controls which have been imposed on a site or vicinity properties, and, upon closeout, shall accept the transfer of federally-owned real property and interests therein, acquired by USACE for FUSRAP execution;
f. Shall be responsible for administration of payments in lieu of taxes for any federally- owned lands held by either USACE or DOE in connection with FUSRAP;
g. Shall be responsible, only after a determination of liability by a court of competent jurisdiction and exhaustion of applicable appeal rights, for payment of claims by property owners for damages to property and personal injuries due to DOE’s actions prior to October 13, 1997, provided that:
i. This MOU does not alter or diminish the right of DOE to raise any defenses available under law, including sovereign immunity, in the case of any third party claims, whether in an administrative or a judicial proceeding; and
ii. Nothing in this agreement shall be interpreted to require any obligation or payment of funds in violation of the Anti-Deficiency Act (31 U.S.C. § 1341);
h. Shall have acco...
DOE a. Shall perform historical research and provide a FUSRAP eligibility determination, with historical references, as to whether a site was used for activities which supported the Nation’s early atomic energy program;
b. Shall provide USACE with the determination, a description of the type of processes involved in the historical activities at the site, the geographic boundaries of those activities. (as reflected by documentation available to DOE), and the potential radioactive and/or chemical contaminants at the site; and
c. Shall maintain records of determination of eligibility and other files, documents and records associated with the site.
DOE. H-2013 Consecutive Numbering (OCT 2014)
DOE. NNSA and NMED recognize the annual need to prioritize and dedicate available funding to the Governor’s highest environmental priorities, as laid out above, and recognize that this will require that some lower priority cleanup work cannot be completed (under current budget conditions) as currently scheduled in the Consent Order. DOE/NNSA and NMED will continue to re-evaluate the sequencing of, and if possible, accelerate, cleanup activities, as the work progresses and as the funding situation changes.
DOE. DOE, or any other agency or instrumentality of the United States of America that is a successor or assignee of DOE under this Common Agreement, may itself exercise any right given to the Loan Servicer in this Article 8.
DOE. Section
10.1 DOE Exposure Section 1.1
DOE. The United States Department of Energy or any body (governmental or private) succeeding to any of the functions of such agency as constituted at the date of the Purchase Contract.
