WORK PLANS - Laserfiche WebLink

Home Browse Search

will' the implementation of this Agreement. 34. 3 Any rrquirernenL for the payment or obligation of funds, including stipulated penalties, by SHAD established by the terms of this Agreement shall be subject to the availability of appropriated funds, and no provision herein shall be interpreted to require obligation or payment of funds in violation of the Anti-Deficiency Act, 31 U.S.C. 1341. In cases where pay- ment or obligation of funds would constitute a violation of the Anti-Deficiency Act, the dates established requiring the payment or obliga- tion of such funds shall be appropriately adjusted. 34.4 If appropriated funds are not available to fulfill SHAO's obligations under this Agreement, the other Parties reserve the right to initiate an action against any other person, or to take any action, which would be appropriate absent this Agreement. 34.5 Funds authorized and appropriated annually by Congress under the "Environmental Restoration, Defense" appropriation in the Department of Defense Appropriation Act and allocated by the DASD(E) to the Department of the Army will be the source of funds for obligations required by this Agreement consistent with Section 211 of CERCLA/SARA, 10 U.S.C. Chapter 160. However, should the Environmental Restoration, Defense appropriation be ina- dequate in any year to meet the total Department of the Army CERCLA imple- mentation requirements, the DOD shall employ and SHAD shall follow a standardized DOD prioritization process which allocates that year' s appru- priations in a manner which maximizes the protection of human health and the environment. A standardized DOD prioritization model shall be developed and utilized with the assistance of EPA and the states. -50-