EP 1110-3-8
9 Apr 04
(9) Ensuring that sampling and testing data, quality control and quality assurance
documentation, and chain-of-custody forms are available for public inspection when these
documents have been included by reference only.
(10) Coordinating with Office of Counsel on questions of relevance and privilege or
confidentiality of documents submitted for the Record files.
(11) Arranging for presentation of the Administrative Record to the court when necessary
for judicial review.
(12) Arranging for presentation of the Administrative Record for audit purposes.
(13) Maintaining the confidential portion of the Record files, if necessary.
b. Responsibility for designating the ARC resides with the PM. This responsibility
includes the requirement to establish a manpower space and funding of the position unless the
requirement will be accomplished through contract support.
c. If the way the Administrative Record was compiled and maintained is questioned in
litigation, the ARC may be called upon to prepare an affidavit or testify about those procedures.
Therefore, the ARC should be familiar with the procedures associated with compiling and
maintaining the Administrative Record and should be qualified to fulfill the responsibilities
outlined above. This does not imply that the ARC would be required to testify as to the content
of the documents contained in the Administrative Record; rather, only the procedures followed
for its compilation and maintenance.
4-6. Procedures for Establishing the Administrative Record.
a. IAW CERCLA, the NCP, and various referenced guidance documents, a simple and
comprehensive system has been developed for establishing and maintaining the Administrative
Record and Record files for all USACE geographic districts performing FUDS HTRW or MMR
projects. This system will also be used when a USACE district enters into an agreement with the
lead agency to take responsibility for establishing and maintaining the Administrative Record for
environmental restoration activities being executed. This system permits DOD to achieve the
judicial review and public participation goals of the Administrative Record by the most efficient
and practical means.
b. The Administrative Record file should be distinguished from the Administrative
Record. The Record file refers to the documents as they are being compiled and may be thought
of as a holding file. Until a response action decision has been selected, there is no complete
Administrative Record for that decision. Thus, to avoid creating the impression that an
Administrative Record is complete at any time prior to the final decision, the set of documents
4-5
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