USACE Clause Samples
USACE a. Shall assume no responsibility for the completed sites listed in Attachment “A” unless additional response actions are determined to be necessary under the provisions of Article III paragraph B.1.a. and Article III section D; and
b. In accordance with Article III section B.1.a., will provide funding to DOE for administrative actions required to finalize completion of the sites in Attachment “A”. Such funding will be requested in USACE FUSRAP budget requests, or provided through Congressionally-approved reprogramming actions.
USACE a. Upon receipt of DOE’s determination and its description of the type of processes involved in the historical activities at the site and potential radioactive and/or chemical contaminants, shall conduct necessary field surveys and prepare a preliminary assessment in accordance with CERCLA and the NCP;
b. Shall determine the extent of FUSRAP-related contamination at the eligible site, at vicinity properties, and at other locations where contamination originated from the eligible site;
c. Shall determine if the contamination is a threat to human health or the environment;
d. Shall consult with DOE if USACE surveys, investigations, and data analyses are inconsistent with the DOE description of the potential radioactive and/or chemical contaminants and processes involved in the historical activities at the site;
e. Shall determine the extent to which response action under CERCLA is required to address FUSRAP-related contamination at the site; and
f. Upon completion of FUSRAP activities, shall provide a copy of surveys, findings, decision documents, and access agreements for property not owned by the government, as well as close out documents, to DOE for the historical record. This includes all sites determined eligible, whether or not any response action was taken.
USACE a. Shall be responsible for property management and response action activities at active FUSRAP sites, except for DOE’s inventory reporting of federally owned real property interests related to FUSRAP under Article III paragraph C. 1.h. and as otherwise provided in this section;
b. Shall be responsible for site cleanup in accordance with its obligation to administer and execute FUSRAP imposed by Public Law 105-62; Public Law 105-245; any subsequent laws specifically relating to FUSRAP; CERCLA; and the NCP;
c. Shall accordingly be responsible for site closeout in accordance with CERCLA, the NCP, and USACE procedures;
d. During cleanup operations and for the first two years after site closeout, shall be responsible for surveillance, operation and maintenance, as required, and for management and protection of federally-owned real property in connection with FUSRAP;
e. Shall establish cleanup standards in consultation with federal, State and local regulatory agencies;
f. Within its authorities, may acquire real property and interests therein required for FUSRAP execution;
g. ▇▇▇▇▇ maintain accountability for real property and interests therein which USACE acquires under its authorities for FUSRAP execution, until such time as such real property and interests therein are transferred to DOE;
h. Shall be responsible, in cooperation with the Department of Justice, for identifying and for seeking recovery from Potentially Responsible Parties (PRPs) under CERCLA for response actions performed at eligible FUSRAP sites;
i. ▇▇▇▇▇ accept responsibility as DOE’s successor for all response actions required by Federal Facility Agreements executed between DOE and EPA at eligible FUSRAP sites;
j. Shall determine the need for response actions under FUSRAP of any vicinity property;
k. Shall conduct a technical review of the adequacy of USACE-selected remedies on the fifth anniversary of site closeout where necessary;
l. Shall execute and sign new FFA’s and permits required for FUSRAP activities;
m. ▇▇▇▇▇ coordinate with DOE as appropriate on issues relating to activities on:
▇. ▇▇▇’▇ inventory reporting of federally-owned real property referred to in Article III paragraph C. 1.h., above;
ii. Any DOE outgrants on federally-owned real property interests referred to in Article III paragraph C.1.i., above; and
iii. Changes to existing FFA provisions or to new provisions that relate to long- term surveillance, operation and maintenance by DOE referred to in Article III paragraphs C...
USACE. 1. Shall not authorize implementation of an individual Undertaking (Work Item) until Section 106 review is completed pursuant to this Agreement.
2. Shall notify and consult with the SHPO of jurisdiction, appropriate Federally-recognized Tribes, and other Consulting Parties. Consultations may include face-to-face meetings, as well as communications by U.S. mail, e-mail, facsimile, and/or telephone. Times and places of meetings, as well as an agenda for meetings, will be developed with mutual acceptance and done in a timely manner.
3. Shall maintain the POC List (Appendix B) and will distribute it annually as part of the consultation, to the Primary POCs. USACE will incorporate any changes to the POC listing as derived from the steps below into the annual distribution, as well as individual updates received in the interim.
a. USACE district staff engaged in consultation who receive a returned email, returned letter, or notification of a disconnected phone line, will follow up with the relevant Consulting Party to re-establish the appropriate point of contact. This will be communicated to necessary parties upon clarification and in the annual POC update.
b. At a minimum the Mississippi Valley Division (MVD) Cultural staff will make a round of phone calls to confirm the current POC listed for each of the Federally- recognized Tribes contained in the POC listing.
c. USACE District Archaeologists will ensure that the contact information for the SHPOs within their district have not changed.
4. Shall consult with any Federally-recognized Tribe on a government-to-government basis in recognition of its sovereign status, whether a signatory to this Agreement or not, but particularly regarding sites that may have traditional, religious, and/or cultural importance to Federally-recognized Tribes. In meeting its federal trust responsibility, USACE alone shall conduct all government-to-government consultation with Federally-recognized Tribes.
5. Shall be responsible for determining the APE, identifying historic properties located within the APE, providing NRHP eligibility determinations, and findings of effect, in consultation with SHPO, appropriate Federally-recognized Tribes, and other Consulting Parties.
6. Shall ensure all Cultural Resources review is conducted by qualified professional staff as outlined in Stipulation VI.A. 2.
7. Shall ensure that all documentation generated as part of the NHPA process resulting from these Undertakings shall be consistent with applic...
USACE. 1 a. USACE is responsible for review of project submittals and will participate in 2 consultation according to the timeframes defined in Stipulation II and otherwise 3 stipulated within this Agreement.
4 b. USACE is responsible for notifying FRA of any comments or concerns regarding the 5 Undertaking expressed by Consulting Tribes or Consulting Parties.
6 c. USACE is responsible for maintaining an administrative record of actions related to 7 the Agreement and Section 106 compliance for the Undertaking specific to their 8 agency.
9 d. USACE is responsible for issuing permit(s) or permissions to the Project Sponsor for 10 the construction of the Project for their Undertaking.
11 e. USACE has authority to execute, amend, and/or terminate this Agreement. 12
13 C. Other Federal Agencies 14
15 1. Federal agencies that have some involvement in the Project which requires compliance 16 with Section 106 and that do not designate FRA as the lead Federal agency remain 17 individually responsible for their compliance with Section 106. 18 19 D. Consulting Parties and Consulting Tribes 20
21 1. Consulting Parties and Consulting Tribes include those individuals or entities identified 22 in Attachment 4 that have a demonstrated interest in the Project due to the nature of their 23 legal or economic relation to the Project or affected properties, or their concern with the 24 Project’s effects on historic properties. 25
26 2. Consulting Parties and Consulting Tribes in Attachment 4 have been provided the 27 opportunity to actively participate in the development of this Agreement and will assist in 28 the resolution of adverse effects pursuant to this Agreement. 29
30 3. If a Consulting Party or Consulting Tribe does not provide written comments within the 31 timeframes defined in Stipulation II and otherwise stipulated within this Agreement, FRA 32 and the Project Sponsor will proceed to the next step in the review process without taking 33 additional steps to seek comments from such party. 34 35 4. Pursuant to 36 C.F.R. § 800.6(c)(3), Consulting Parties and Consulting Tribes are invited 36 to sign this Agreement as Concurring Parties. However, the refusal of any Consulting 37 Party or Consulting Tribe to concur does not invalidate or affect the effective date of this 38 Agreement. Consulting Parties or Consulting Tribes who choose not to sign this 39 Agreement as a Concurring Party will continue to receive and have an opportunity to 40 review and comment upon documents pur...
USACE. The United States Army Corps of Engineers (Corps or USACE) has regulatory responsibility under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Any permitting action would be considered a federal undertaking and require the Corps to comply with NHPA. The Corps acknowledges STB as the lead agency responsible for Section 106 compliance in fulfilling our collective responsibilities under Section 106 of the NHPA. The Corps will review STB Section 106 compliance documents to ensure they are acceptable to meet the Corps' Section 106 compliance responsibilities.
USACE. To the extent of its legal authority, and in coordination with other Signatories, Invited Signatories, and Concurring Parties, USACE shall ensure that the following measures are implemented.
1. Shall not construct any element of the Amended Undertaking until Section 106 review is completed pursuant to this Amended Agreement.
2. Shall notify and consult with the MS SHPO, appropriate Federally-recognized Tribes, and other Consulting Parties. Consultations may include face-to-face meetings, as well as communications by U.S. mail, e-mail, facsimile, and/or telephone. Times and places of meetings, as well as an agenda for meetings, will be developed with mutual acceptance and done in a timely manner.
3. Shall comply with public involvements requirements of Section 106 in accordance with 36 CFR § 800.2(d).
a. USACE shall notify the public of the elements of the Amended Undertaking in a manner that reflects the nature, complexity, significance of historic properties likely affected by the Amended Undertaking, the likely public interest given USACE’s specific involvement, and any confidentiality concerns of Federally-recognized Tribe(s), private individuals and organizations.
b. USACE may consult with the SHPO(s) and relevant THPO(s), Consulting Tribes, or Federally-recognized Tribe(s), and other consulting parties, to determine if there are individuals or organizations with a demonstrated interest in historic properties that should be included as a consulting party for the Amended Undertaking in accordance with 36 CFR § 800.2(c)(5). If such parties are identified or identify themselves to USACE, USACE shall provide them with information regarding the Amended Undertaking and its effects on historic properties, consistent with the confidentiality provisions of 36 CFR § 800.11(c).
c. In accordance with the public outreach strategy developed for the Amended Undertaking in consultation with SHPO(s), appropriate Federally-recognized Tribe(s), USACE shall identify the appropriate stages for seeking public input during the Section 106 consultation process. USACE shall consider all views provided by the public regarding the Amended Undertaking.
d. USACE shall also provide public notices and the opportunity for public comment or participation in the Amended Undertaking through the public participation process of the National Environmental Policy Act (NEPA) and its implementing regulations set out at 40 CFR Parts 1500-1508, and/or Executive Orders 11988 and 11990 relating t...
USACE. A copy of any notice sent by Grantor or Grantee to be sent to USACE as follows: Regulatory Branch (CESWF-PER-R) Fort Worth District United States Army Corps of Engineers
USACE. You shall submit monitoring reports for all compensatory mitigation sites as described in the final, approved mitigation plan by October 1 of each year following the construction of mitigation. To assure compensatory mitigation success, you shall monitor the mitigation area(s) for at least five (5) consecutive growing seasons after construction or until the Corps determines the final performance standards are met (monitoring shall be for a minimum of 5 years unless the Corps agrees earlier that success has been reached and maintained for a sufficient time period), or, if success is not demonstrated to the Corps satisfaction after the 5th year of monitoring, additional monitoring may be required by the Corps as determined at that time or higher number of years for habitats with long maturation rates per the mitigation plan. The monitoring period shall commence upon completion of the construction of the mitigation site(s). Additionally, you shall demonstrate continued success of the compensatory mitigation site(s), without human intervention, for at least two consecutive years during which interim and/or final performance standards are met. The compensatory mitigation project will not be deemed successful until this criterion has been met as per the USACE SC 21.
USACE. 1. Shall not authorize implementation of an individual Undertaking until Section 106 review is completed pursuant to this Agreement.
2. Shall notify and consult with the Signatories, Invited Signatories, and Consulting Parties. Consultations may include face-to-face meetings, as well 211 as communications by internet, U.S. mail, e-mail, facsimile, and/or telephone. 212 Times and places of meetings, as well as an agenda for meetings, will be 213 developed with mutual acceptance and done in a timely manner. 214 215 3. Shall consult with any Tribes on a government-to-government basis in 216 recognition of its sovereign status, whether a signatory to this Agreement or 217 not, but particularly regarding sites that may have traditional, religious, and/or 218 cultural importance to Tribes. In meeting its federal trust responsibility, 219 USACE alone shall conduct all government-to-government consultation with 220 Tribes. 221 222 4. Shall be responsible for determining the APE, identifying historic properties 223 located within the APE, providing National Register of Historic Places 224 (NRHP) eligibility determinations, and findings of effect, in consultation and 225 concurrence with Signatories, Invited Signatories, and Consulting Parties. 226 227 5. Shall ensure all Cultural Resources review is conducted by qualified 228 professional staff as outlined in Stipulation V. 229