Common use of USACE Clause in Contracts

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.2.i. and l. above; n. Shall be responsible, only after a determination of liability by a court of competent jurisdiction and exhaustion of applicable appeal rights, for damages due to the fault or negligence of USACE or its contractors, and shall hold and save harmless DOE free from all damages arising from USACE FUSRAP activities to the extent allowable by law, provided that: i. This MOU does not alter or diminish the right of USACE 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); o. 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.