EP 1110-3-8
9 Apr 04
b. If the Army does not provide an opportunity for involvement of interested parties in the
development of the Administrative Record, persons challenging a response action may argue that
judicial review should not be limited to the Record. The Army must, therefore, make the
information considered or relied on in selecting a response action available to the public, provide
the appropriate opportunity for public comment on this information, place comments and
information received from the public in the Record, and reflect in the Record the government's
consideration of this information. Public availability of the Record is discussed in paragraph
4-13.
4-5. Administrative Records Coordinator (ARC).
a. Each USACE district responsible for the Administrative Record for a FUDS HTRW or
MMR project will appoint an ARC early in the commencement of work at the FUDS project.
This early appointment is important to ensure that the appropriate documents are included in the
Administrative Record file as they are being created. When appropriate, this work may be
performed as a collateral duty in those districts with a very small environmental restoration
workload. The ARC generally has the responsibility for ensuring that the Administrative Record
files are compiled and maintained according to this guidance and in close coordination with the
PM, who has overall responsibility for the Administrative Record. The ARC will not be
responsible for deciding which documents are included in a Record file. Those decisions should
be made in coordination with the PM, the Office of Counsel, and any other related offices. As
stated in paragraph 4-3a, the Office of Counsel has the lead responsibility for making final
determinations on which documents will be included in the Administrative Record. The ARC
duties include:
(1) Developing procedures for creating Record files.
(2) Ensuring that the public is notified that the Administrative Record file is available for
inspection.
(3) Ensuring that a copy of the Administrative Record file is available at or near the FUDS
project.
(4) Attending the reading area at the district's office during public viewing of the
Administrative Record file to ensure safe keeping of the documents.
(5) Coordinating efforts to obtain the necessary documents.
(6) Indexing the Administrative Record file and preparing a table of contents.
(7) Updating the Administrative Record file and indices on a periodic basis.
(8) Ensuring availability of the Administrative Record file for copying.
4-4
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