Common use of NATURAL RESOURCE DAMAGES Clause in Contracts

NATURAL RESOURCE DAMAGES. ‌ The DOE and other State and Federal trustees shall act on behalf of the public as the trustees for the natural resources present on SRS. In this capacity, the DOE shall be responsible for notifying other State and Federal trustees and for assessing damages (injury, destruction or loss of natural resources) resulting from releases of hazardous substances on SRS, and for implementation of measures designed to mitigate such damages. These authorities are vested in the DOE (as specified in Executive Order 12580) pursuant to Section 107(f) of CERCLA and Section 311(f) of the Federal Water Pollution Control Act. As one of the trustees for natural resources on SRS, DOE shall: 1. Assess damages to public natural resources following the procedures provided by 43 CFR Part 11 and subsequent rulemaking; and 2. Devise and implement a plan to restore, replace or acquire the equivalent of such resource pursuant to CERCLA. Such a plan shall be consistent, to the degree possible, with applicable Record(s) of Decision under this Agreement. The DOE shall notify the appropriate Federal and State natural resource trustees as required by Section 104(b)(2) of CERCLA, 42 U. S. C. § 9604(b)(2), and Section 2(e)(2) of Executive Order 12580. Except as provided herein, DOE is not released from any liability which it may have pursuant to any provisions of State and Federal law, including any claim for damages for liability to the destruction of, or loss of natural resources.

Appears in 11 contracts

Samples: Federal Facility Agreement, Federal Facility Agreement, Federal Facility Agreement

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NATURAL RESOURCE DAMAGES. The DOE and other State and Federal trustees shall act on behalf of the public as the trustees for the natural resources present on SRS. In this capacity, the DOE shall be responsible for notifying other State and Federal trustees and for assessing damages (injury, destruction or loss of natural resources) resulting from releases of hazardous substances on SRS, and for implementation of measures designed to mitigate such damages. These authorities are vested in the DOE (as specified in Executive Order 12580) pursuant to Section 107(f) of CERCLA and Section 311(f) of the Federal Water Pollution Control Act. As one of the trustees for natural resources on SRS, DOE shall: 1. Assess damages to public natural resources following the procedures provided by 43 CFR Part 11 and subsequent rulemaking; and 2. Devise and implement a plan to restore, replace or acquire the equivalent of such resource pursuant to CERCLA. Such a plan shall be consistent, to the degree possible, with applicable Record(s) of Decision under this Agreement. The DOE shall notify the appropriate Federal and State natural resource trustees as required by Section 104(b)(2) of CERCLA, 42 U. S. C. § 9604(b)(2), and Section 2(e)(2) of Executive Order 12580. Except as provided herein, DOE is not released from any liability which it may have pursuant to any provisions of State and Federal law, including any claim for damages for liability to the destruction of, or loss of natural resources.

Appears in 1 contract

Samples: Federal Facility Agreement

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