U.S. DEPARTMENT OF AGRICULTURE ISSUES

• Jurisdiction: United States

Cleaning up the Public Domain: The Next Frontier
(Mar 1996)
CHAPTER 2A
U.S. DEPARTMENT OF AGRICULTURE ISSUES
Bettina Poirier
Office of General Counsel U.S. Department of Agriculture
Washington, D.C.

MEMORANDUM OF UNDERSTANDING

between

ENVIRONMENTAL PROTECTION AGENCY REGION 10

and

USDA-FOREST SERVICE REGION 6

concerning

THE --- SITE

RECITALS

A. Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601 et seq., the President is responsible for responding to releases of hazardous substances to protect the public health or welfare or the environment.

B. Pursuant to Executive Order 12580 the President delegated authority to conduct various activities under CERCLA, including investigations and response activities (42 U.S.C. 9604 ) cost recovery (42 U.S.C. 9607 ) and entering agreements with potentially responsible parties (PRPs) for the PRPs to perform investigations (42 U.S.C. 9622(d)(3) ), to several executive departments and agencies, including the Environmental Protection Agency (EPA) and the United States Department of Agriculture (USDA).

C. USDA redelegated its authorities under Executive Order 12580 to the USDA Forest Service (Forest Service) with respect to land and facilities under Forest Service authority. 7 C.F.R. 2.60(a)(40) .

D. The Forest Service manages National Forest System land and is, with certain limitations, delegated the President's CERCLA authority where a release of a hazardous substance is on or the sole source of the release is from a facility under the jurisdiction, custody or control of the Forest Service. Executive Order 12580, secs. 2(e)(1) & 4(b)(1). The Forest Service's CERCLA role is also recognized in various provisions of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). 40 C.F.R., Part 300.

E. Subject to the delegations to the Forest Service described in the preceding Recital D, the President's CERCLA authority related to National Forest System Land and adjoining private land is generally delegated to EPA. Executive Order 12580, secs. (2)(g) & 4(d). The authority delegated to EPA includes the President's authority under 42 USC 9606(a) to issue such orders as may be necessary to protect public health and welfare and the environment (Unilateral Administrative Orders or UAOs). Executive Order 12580, sec. 4(d)(1).

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F. On August 27, 1993, the Forest Service and EPA entered into a Master Memorandum of Understanding (MMOU) regarding coordination and cooperation between the agencies in support of common objectives and interests. The MMOU encourages the development of supplemental agreements to the MMOU, as needed to accomplish joint projects. This Memorandum of Understanding (MOU) is an agreement supplemental to the MMOU.

G. The inactive --- uranium mines are located within the established boundaries of the Fremont National Forest in southern Oregon. The --- mine is located on both private land and National Forest System land. The --- mine is located on National Forest System land. The Forest Service manages the National Forest System land in the vicinity of the Site from offices located in Lakeview, Oregon, approximately 18 miles from the Site.

H. On April 25, 1995, EPA published a final rule in the Federal Register for listing the --- mines (Site) as a single site on EPA's National Priorities List (NPL) for response to releases or threatened releases of hazardous substances. The anticipated effective date of the NPL listing is May 25, 1995.

I. When releases of hazardous substances occur on or from both private land and National Forest System land, existing CERCLA authority provides the Forest Service and EPA with specific enumerated powers to respond to such releases.

J. There are PRPs who may be responsible for performing response actions and/or liable for response costs incurred by the United States in responding to releases or threatened releases of hazardous substances at the Site.

K. The Forest Service and EPA have entered into an Administrative Order on Consent (AOC) with one of the PRPs for completion...