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Executive Order 12580, Section 2 , entitled Response and <br /> Related Authorities, dated January 23 , 1987, further clarifies <br /> authorities to obtain legal access. <br /> Executive Order 12580, Section 2 (d) explains that functions <br /> vested in the President by Section 104 (b) "are delegated to the <br /> Secretaries of Defense and Energy . . . " . <br /> Executive Order 12580, Section 2 (j) (1) , states "functions <br /> vested in the President by Section 104 (e) (5) (A) are delegated to <br /> the heads of Executive Departments and agencies . " <br /> Apparently the language of §104 (e) (3) is designed to allow <br /> the President some flexibility regarding whom he will task or <br /> designate to undertake investigations. Further, the text of <br /> Section 2 (d) of Executive order 12580 "duly designates," via the <br /> Secretary, the Department of Defense (DOD) as the proper <br /> authority to undertake the investigative effort to determine the <br /> extent of danger to public health and the environment at DDRW- <br /> Tracy under CERCLA §104 (b) . Finally, the text in Executive Order <br /> 12580 § (2) (j ) [which delegates Presidential authority under <br /> CERCLA §104 (e) (5) (A) to "heads of Executive Departments and <br /> agencies" ] provides DOD the authority to obtain compliance <br /> orders. <br /> With regard to the possible purchase of the Raspo property, <br /> your legal counsel can advise you on compensation for "takings" <br /> of private property under the Fifth Amendment of the U.S. <br /> Constitution. <br /> I hope this information will prove to be useful to your <br /> office. Please contact me at (415) 744-2392 with your <br /> programmatic questions, or Jeannie Cervera at (415) 744-1351 with <br /> legal questions. <br /> Sincerely, <br /> Michael Work <br /> Remedial Project Manager (H-9-1) <br /> Federal Enforcement Branch <br /> Office of Superfund <br /> cc: (See Attached List) <br /> 2 <br />