EP 1110-1-24
15 Dec 00
(d) Capability of the Agency. Even if an agency has the jurisdiction, authority, and mission to be
involved in an institutional control program, if it does not have the capability, it cannot be an effective
partner. In the case of local government agencies, the capabilities may be unique and are often a
reflection of the desires of the local community. The capabilities of a government or private agency can
be augmented, however, with additional funding in order to implement the additional requirements of the
proposed institutional control program.
(e) Desire of the Agency to Participate in the Institutional Control Program. The desire of a
particular government or private agency to participate in an institutional control program is absolutely
critical to its success. The Federal Government must encourage the participation of a local agency in the
implementation of an institutional control program. If local officials are convinced that participation in an
institutional control program is in their best interests, USACE will have little difficulty in persuading them
that they should participate. Resources in the form of funding for the agency's implementation costs
may overcome the initial hesitancy to become involved.
(2) The basic data necessary to determine the jurisdiction, authority, mission, capabilities and
desire of government or private agencies to assist in the implementation or maintenance of an institutional
control program may be collected through a series of interviews with key personnel within the identified
agencies. The interviews should be conducted through personal contacts. The data can be collected
and collated to ensure complete coverage of all of the potential agencies. Appendix F includes a sample
institutional analysis summary format. This information can then be summarized to determine which
agencies can best assist in the institutional control program and to develop basic plans of action.
Sensitivity to local concerns and some creativity will be required in developing a complete institutional
control program for a site.
c. Determination of Any Land Restrictions. While performing the institutional analysis, it is
necessary to determine the existence of any current deed restrictions or other type of institutional control
that may have been placed on the property in the past as a result of some other activity. If such
restrictions are found to already exist at a site, it may be easier to modify the existing restriction to
address the OE risk than to implement an entirely new institutional control. A complete and thorough
records search of the property must be performed in order to determine if any current restrictions exist.
Local title search firms may be used to perform this function, as they are often the most knowledgeable
about the best repositories of local property records.
d. Institutional Analysis Report. Upon completion of the data collection, the results of the study
must be documented in an Institutional Analysis Report. The report may either be prepared as a stand-
alone document or as an appendix to the overall site characterization report (e.g., EE/CA Report). The
Institutional Analysis Report should include the following sections:
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