EP 1110-1-18
24 Apr 00
DOD. DERP-FUDS include: all property for which real property accountability previously
rested with DOD irrespective of current ownership or current responsibility for accountability
within the Federal Government; all properties previously used by DOD components under lease
or other agreements; and all properties previously occupied by DOD components over which
significant control was exercised without the benefit of a formal real estate instrument or other
agreements. FUDS may also include manufacturing facilities which were owned by DOD
components and real property accountability rested with DOD but were operated by contractors,
and National Guard (state controlled) and Reserve facilities where property accountability at one
time rested with DOD. Third party sites are not considered active or former DOD property, but
may be considered for DERP-FUDS funding if the contamination was wholly or partly caused by
previous DOD controlled activities.
(b) Following the determination of property eligibility, a FDE is prepared and included in
the INPR. The eligible property is then evaluated for project eligibility.
(2) Ineligible Property. An ineligible property does not qualify for restoration under the
FUDS program. Once a determination of property ineligibility is made, a negative INPR is
prepared. Examples of ineligible properties include:
(a) Properties outside U.S. jurisdiction.
(b) Properties excessed to DOD but not yet transferred.
(c) Properties where the responsible DOD component accepts full restoration
responsibility.
(d) Properties where the responsible DOD component has initiated restoration activities.
(e) Defense Plant Corporation properties with Department of Commerce CERCLA
liability.
(f) Civil Works Properties unless previously under military control.
(g) Properties contaminated by acts of war.
(h) Properties for which no records are available.
(3) Categorically Excluded Property. A categorically excluded property is not eligible for
the FUDS program because of the nature of its operation or control. The preparation of an INPR
is not necessary for a categorically excluded property. Examples of a categorically excluded
property include:
(a) United Services Organizations.
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