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• I <br /> There is no guarantee that title to the Transfer Areas is free of any claim or title defect. <br /> Article 9—Record of Environmental Consideration:This agony-to-agency transfer of administrative jurisdiction <br /> qualifies for a categorical exclusion under 10 CFR Part 1021,Appendix B 1.25.Based upon a compliance review <br /> it has been determined that this transfer is categorically excluded from the requirement to prepare an <br /> environmental assessment or environmental impact statement.Specifically,this transfer of jurisdiction action for <br /> these lands to be administered as part of the Rocky Flats National Wildlife Refuge has no extraordinary <br /> circumstances potentially having effects which may significantly affect the environment.Transfer of jurisdiction <br /> of this land for habitat preservation or wildlife management is specifically identified as an action categorically <br /> excluded from additional documentation under the National Environmental Protection Act of 1969,("NEPX 42 <br /> USC Sections 4321-4347.Therefore,based on the environmental,archeological,cultural and historical review of <br /> this project,it is determined that there is no further documentation or compliance required under NEPA. <br /> Article 10--Environmental Condition ofPropgM A Remedial Investigation/Feasibility Study("RIMS")was <br /> completed in June'2006 covering the entire Rocky Flats site,including the Additional Transfer Areas and is <br /> incorporated into this Letter of Transfer by reference.The RI/FS describes remediation and restrictions of certain <br /> portions of the site to be retained by the DOE and demonstrates that the Additional Transfer Areas do not require <br /> remediation or restrictions for transfer.The DOE shall have sole and exclusive Federal responsibility to fund and <br /> implement any Response Actions(including operation and maintenance and Land Use Control)required by <br /> applicable law or implementing regulations,including but not limited to Comprehensive Environmental <br /> Response,Compensation and Liability Act of 1980("CERCLA'),42 USC Section 9601,of seq,Resource <br /> Conservation and Recovery Act("ROW),42 USC Section 6901 at seq.,and Colorado Hazardous Waste Act <br /> ("CHWA"),Sections 25-15-101 to 25-15-327,Colorado Revised Statutes,to address Covered Substances <br /> resulting from the activities of the DOE(including entities acting with permission or under the authority of,or in <br /> a contractual relationship with the DOE)or which are present at the time of this transfer by the DOE to USFWS <br /> (including contamination that is subsequently discovered),except to the extent that USFWS or a third party <br /> caused or contributed to such contamination after the date of this transfer.For the purposes of this Letter of <br /> Transfer the term"Response Action"means any of the following: <br /> 1. A response,as such term is defined in Section 101(25)of CERCLA,(42 USC Section 9601(25)). <br /> 2. A corrective action or closure under RCRA or CHWA;or <br /> 3. Any requirement for institutional controls imposed by any of the laws referred to in subparagraph(1)or <br /> (2). <br /> For the purposes of this Letter of Transfer the term"Covered Substances"means any of the following: <br /> 1. Any hazardous substance,as such term is defined in Section 101(14)of CERCLA,42 USC Section <br /> 9601(14).This includes all radioactive substances released at Rocky Flats by the DOE;and <br /> 2.. Any pollutant or contaminant,as such term is defined in Section 101(33)of CERCLA,42 USC Section <br /> 9601(33);and <br /> 3. Any petroleum,including crude oil or any fraction thereof which is not otherwise specifically listed or <br /> designated as a hazardous substance under Section 101(14)(A)through(F)of CERCLA,42 US Section <br /> 9601(14);and <br /> 4. Any other substance,material,or waste the release of which requires a response action to protect human <br /> health and the environment. <br /> 3 <br />