Wenger 72944 Especificações descarregar pdf (Página 337)

Section 10 Recommendations

EAA Storage Reservoirs Revised Draft PIR and EIS February 2006

10-3

g) Unless otherwise provided for in the statutory authorization for this

project, comply with Section 221 of Public Law 91-611, Flood Control Act

of 1970, as amended, and Section 103 of the WRDA of 1986, Public Law

99-662, as amended which provides that the Secretary of the Army shall

not commence the construction of any water resources project or separable

element thereof, until the Non-Federal Sponsor has entered into a written

agreement to furnish its required cooperation for the project or separable

element.

h) Hold and save the Government free from all damages arising for the

construction, operation, maintenance, repair, replacement, and

rehabilitation of the project and any project-related betterments, except

for damages due to the fault or negligence of the Government or the

Government’s contractors.

i) Keep and maintain books, records, documents, and other evidence

pertaining to costs and expenses incurred pursuant to the project to the

extent and in such detail as will properly reflect total project costs.

j) Perform, or cause to be performed, any investigations for hazardous

substances that are determined necessary to identify the existence and

extent of any hazardous substances regulated under the Comprehensive

Environmental Response, Compensation, and Liability Act (CERCLA), 42

USC 9601-9675, that may exist in, on, or under lands, easements or

rights-of-way necessary for the construction, operation, and maintenance

of the project; except that the Non-Federal Sponsor shall not perform such

investigations on lands, easements, or rights-of-way that the Government

determines to be subject to the navigation servitude without prior specific

written direction by the Government.

k) Assume complete financial responsibility for all necessary cleanup and

response costs of any CERCLA regulated materials located in, on or under

lands, easements, or right-of-ways that the Government determines

necessary for the construction, operation, or maintenance.

l) As between the Government and the Non-Federal sponsor, the Non-

Federal Sponsor shall be considered the operator of the Project for the

purposes of CERCLA liability. To the maximum extent practicable, the

Non-Federal Sponsor shall operate, maintain, repair, replace, and

rehabilitate the Project in a manner that will not cause liability to arise

under CERCLA.

m) Prevent obstructions of or encroachments on the project (including

prescribing and enforcing regulations to prevent such obstruction or

encroachments) which might reduce ecosystem restoration benefits,

hinder operation and maintenance, or interfere with the projects proper

function, such that as any new developments on project lands or the

addition of facilities which would degrade the benefits of the project.

n) Comply with the applicable provisions of the Uniform Relocation

Assistance and Real Property Acquisition Policies Act of 1970, Public Law

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Wenger 72944 Especificações Página 337

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