EP 1110-1-18
24 Apr 00
are relatively small. Figure 3-2 is a sample ROE to be used for OE response actions. The
language of this form may be used, without variance, without approval from the HQUSACE
Office of the Deputy Chief of Staff for Real Estate. If any variance to the language of this form
is proposed, then proposed documents, estates, and authorities should be included and approval
by the HQUSACE Office of the Deputy Chief of Staff for Real Estate should be requested.
(b) Easement. An easement differs from a ROE in several ways. In theory, an easement is
an interest in real estate whereas a ROE is not. Therefore, more authority and formality is
required for the acquisition of an easement. Additionally, an easement provides protection for
the government that a ROE lacks. For example, an irrevocable ROE binds only the current
landowner, and may become void if the owner sells the land. Moreover, the title search and other
processes required for the acquisition of an easement ensure that the owner has the authority to
grant the interest the government needs. This protection would be important for a project on
which the government intends to spend a considerable amount of money on contractor
mobilization and project operation or requires access to the property for long-term monitoring.
(2) The HQUSACE INPR Approval Memorandum authorizes initiation of access
agreement negotiation for the approved FUDS project. The district Chief of Real Estate is
authorized to obtain ROEs for survey and exploration only. Work involving construction
activities, such as excavation, could require a greater interest (e.g., an easement) which may
necessitate HQUSACE authorization, depending on the length of time the activity will last.
Requests for authority to acquire such other interests should be submitted to HQUSACE Office
of the Deputy Chief of Staff for Real Estate. Refer to the DERP-FUDS Program Manual for
additional guidance.
3-13. Environmental Considerations.
a. The district, in consultation with their OC and the OC supporting the OE MCX, as
required, is the lead USACE agency on environmental issues related to OE response actions and
is responsible for coordinating with regulators on these issues. Environmental issues will be
addressed in project work plans prior to field work.
b. OE response actions must be conducted in compliance with current environmental
regulations implemented by Federal, state, and local governments. The impact of these
regulations will not be the same at each site due to differences in site geography and differences
among state/local regulations, for example. Vigilance must be constantly exercised to ensure that
applicable changes in Federal, state, or local regulations are addressed.
(1) Federal. The Federal statutes and regulations applicable to OE response actions are
discussed in Chapter 1. These statutes include CERCLA, DERP, and RCRA. Regulations and
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