Common use of DOE Clause in Contracts

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. ▇▇▇▇▇▇ 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, ▇▇▇▇▇▇ 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 accountability for federally-owned real property interests acquired by or transferred to DOE, including inventory reporting to the General Services Administration as may be required by that agency; and i. To the extent permitted by law, ▇▇▇▇▇▇ agrees to make such outgrants on federally owned real property interests, referred to in paragraph h. above, as may be requested by USACE in connection with the relocation of utilities and facilities or to otherwise facilitate FUSRAP execution.