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Cleanups at Federal Facilities

Environmental Suitability for Leasing Property


SUBJECT: Procedures to Determine Environmental Suitability for Leasing Property Available as a Result of a Base Closure or Realignment

  1. Purpose: The purpose of this Memorandum of Understanding (MOU) between the Department of Defense (DoD) and the Environmental Protection Agency is to establish procedures and responsibilities for determining the environmental suitability for leasing property which is available as a result of a base closure or realignment initiated per the 1988 or 1990 Base Closure and Realignment Act. The MOU is entered into as provided by 10 U.S.C. 2667 (f), as amended by section 2906 of the Defense Authorization Act of 1994.

  2. Scope: On September 9, 1993, the Deputy Secretary of Defense issued a memorandum, subject; Fast-Track Cleanup at Closing Installations, which contained the attached DoD Policy on the Environmental Review Process to reach a Finding of Suitability to Lease (FOSL) on the basis of an Environmental Baseline Survey (EBS). DoD and EPA agree that the DoD Components will make the determination of environmental suitability for leasing utilizing this FOSL policy. DoD prepared the FOSL policy in cooperation with EPA, and any modification of the FOSL policy will be the result of similar cooperation, without requiring modification of this MOU. DoD agrees that the Components will develop FOSL documents with input from the appropriate State Agency and EPA Regional Office, in accordance with the attached FOSL policy, and that the Components will respond to regulatory comments, as described in this policy.

  3. Duration and termination: This agreement expires September 30, 1998, but may be extended upon the agreement of the parties. Modifications to this agreement may be made upon the mutual agreement of the parties; however, modifications shall be made in writing. The agreement will remain unchanged absent a response. Conflicts arising between the parties shall be resolved administratively between the agencies. Absent agreement, dispute resolution shall be in accordance with procedures for resolving disputes between Federal agencies.

Department of Defense
Sherri W. Goodman
Deputy Under Secretary of Defense (Environmental Security)
Date: 3/25/94

Environmental Protection Agency
Elliott P. Laws
Assistant Administrator
Office of Solid Waste and Emergency Response
Date: 5/4/94