EP 1110-1-18
24 Apr 00
purpose of real estate activities is to ensure that appropriate access agreements are obtained prior
to entering a property to conduct an OE response action. Legally executed access agreements
protect the government and contractor personnel from civil and/or criminal penalties for
trespassing.
a. Landowner Notification.
(1) Prior to an OE Response Action. As a policy requirement rather than a legal
requirement, immediately after a DERP-FUDS project is approved and prior to initiation of an
OE response action, the district will forward to each current landowner a copy of the signed
Findings and Determination of Eligibility (FDE) via a cover letter briefly explaining the proposed
project and relevant policy decision, as appropriate. Properties having multiple owners may be
notified through group mailings or public notices, where warranted. Figure 3-1 is an example of
a landowner notification letter for a conventional OE site. This letter should be changed, as
needed, so that it accurately reflects the situation for the specific site. A copy of the notification
will be sent to the MSC and the Corps of Engineers Directorate of Military Programs,
Environmental Division (CEMP-R), FUDS Branch. At such time an approved FDE will
normally be available, upon request, to anyone who may have an interest. A general statement,
without cost information, concerning FUDS funding and project priority based on risk
management may be provided.
(2) Following an OE Response Action.
(a) If residual OE remains or is suspected after a response action at a FUDS, the owners
will be apprised of the potential migration of OE. This information will be available in the Final
Report and Project Completion Memorandum for the site.
(b) For OE response actions on active and BRAC sites, any residual or suspected OE will
be documented in a Statement of Clearance and in the Finding of Suitability to Transfer (FOST).
The FOST is needed to transfer the real property from DOD ownership. AR 200-1,
Environmental Protection and Enhancement, provides additional details on a FOST. An example
Statement of Clearance is presented later in this document as Figure 17-2.
b. Access Agreements.
(1) Legally executed access agreements are required for all OE response activities. The PM
is responsible for obtaining the access agreements (i.e., rights-of-entry or easements) from the
property owners and lessees, if applicable, affected by the activities. Access agreements are
required regardless of whether the property is owned by a government entity (Federal, state, or
local), Native American Tribal Government, private organization, citizen, etc.
(a) Right-of-Entry (ROE). A ROE is a legal instrument that allows legal access to property
owned by another. A ROE can be used to provide protection to the government for projects that
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