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Overview There are hundreds of former U.S. Department of Defense (DoD) military installations, Formerly Used Defense Sites (FUDS), and former U.S. Department of Energy (DOE) sites across the nation that are closed or designated for closure. Many of these properties were contaminated while under federal ownership and are in need of remediation before they can be put back into productive reuse. Expedited cleanup of these properties is important to governors because they hope to clean the land so that it is safe for the public as well as restore the economic viability to the local community by returning it to the tax base. The transfer of federal land from the federal government to a state or local government or private entity is often long and difficult. In addition to the considerable environmental challenges, many of these federal properties may be subject to overlapping federal, state, and local laws. Issues that are often considered during the transfer process include: - Early transfer of federal land and privatization of cleanup;
- Opportunities to improve federal and state consistency in the clean-up and property transfer process; and
- Integration of environmental cleanup goals and economic redevelopment plans.
Background Relationship between Department of Defense and States Department of Defense and State Memorandum of Agreement (DSMOA): Agreement between DoD and a state or territory that provides a framework for achieving environmental restoration of a particular base. -
April 2007 Letter from Environmental Council of the States (ECOS) to DoD
Letter from ECOS to Phil Grone, Deputy Under Secretary of Defense for Installations and Environment, asking for clarification of DoD's current policy with respect to DSMOA. -
July 2007 Response Letter from DoD to ECOS
Letter from Phil Grone, Deputy Undersecretary of Defense for Installations and Environment, to ECOS clarifying DoD's position on DSMOAs. -
Congressional Research Service Presentation: The Role of States in the Cleanup of Environmental Contamination on Former Military Properties
Presentation on applicable laws, military property, and state roles in environmental restoration of contaminated land. -
June 2008 Letter from DoD authorizing its Components to pursue alternative approaches to the DSMOA for reimbursing costs of state services.
Letter from Wayne Arny, Deputy Undersecretary of Defense for Installations and Environment, which allows the Components (e.g., Army, Navy, Airforce) to reimburse states directly as an alternative to DSMOA. Relationship between Department of Defense and Environmental Protection Agency Memorandum of Understanding (MOU) between EPA and DoD: Establishes responsibilities and funding for the EPA's assistance in accelerating cleanup at closing DoD installations. Contaminants
Emerging contaminants such as perchlorate and trichloroethylene (TCE) are substances that have recently been identified as threats to human health and the environment. These substances have a direct connection to military activities and to DoD. DoD is currently considering regulating them. Perchlorate is an oxidizing substance that is often used as propellant fuel. DoD has a long documented history of using perchlorate for various activities which has left contamination in and around military bases. Trichloroethylene TCE is a nonflammable, colorless liquid mainly used as a solvent to remove grease from metal parts, but it is also used as an ingredient in adhesives and paint removers. July 2007 House Armed Services Committee, Subcommittee on Readiness Hearing on Emerging Contaminants Subcommittee met to receive testimony on emerging contaminants and environmental management at DoD installations. Testimony: Early Transfer -
Colorado's Early Transfer Policy
Joint policy between Director of the Colorado Statewide Defense Initiatives and the Colorado Department of Public Health and Environment, establishing the evaluation guidelines and review procedures pertaining to deferral requests pursuant to Section 334 of the National Defense Authorization Act of FY1997. Liability Issues DoD Documents Links: -
Environmental Protection Agency Federal Facilities Restoration and Reuse Office (EPA FFRRO)
EPA FFRRO works with other federal agencies to assist them in developing creative, cost-effective solutions to their environmental issues. -
FedCenter
Federal government's home for comprehensive environmental stewardship and compliance assistance information. -
Office of Economic Adjustment (OEA)
DoD's primary source for assisting communities that are adversely impacted by Defense program changes, including base closures or realignments, base expansions, and contract or program cancellations. -
Defense Environmental Network Information and eXchange (DENIX)
Comprehensive Resource for Defense Installations and Environmental Communities. DENIX is the central platform and information clearinghouse for environment, safety and occupational health (ESOH) news, information, policy, and guidance. DENIX serves as a gateway to web-based environmental compliance tools and provides an interactive workgroup environment for DoD and ESOH professionals. -
General Services Administration (GSA)
Federal government's premier acquisition agency and is responsible for policy related to the transfer of all Federal property. |
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