EP 1110-1-24
15 Dec 00
authority be included in the review process. In addition, local community groups and outside state
agencies that may not be directly involved in the institutional control program, but may have an interest in
the program, should also be copied on the final plan.
c. Preparing Support Agreements.
(1) Detailed support agreements are an essential part of an effective institutional control program.
Upon completion of the institutional control plan, specific support agreements should be prepared
between USACE and the respective supporting agencies that will be involved in the implementation or
maintenance of the institutional controls. The support agreement must detail the specific responsibilities
for items including administration, inspection, maintenance, funding, and enforcement that will be
required from each supporting agency. The appropriate vehicle and the specific format and
requirements for the preparation of a support agreement will depend on site specific characteristics and
the nature of the agency that is providing the assistance.
(2) If DOD is to retain title to a piece of OE-contaminated property as part of an active military
installation (e.g., Aberdeen Proving Ground), the institutional control program may also be recorded in
the Base Master Plan (BMP). The BMP establishes land uses similar to a municipal zoning plan and is
utilized in the evaluation of land use decisions and for project planning. Prior to using the BMP as a
means to establish an institutional control program at a base, it should be confirmed that the specific
installation BMP can be used for this purpose and that the BMP system is adequate to ensure
adherence to the proposed institutional control program.
(3) A Memorandum of Agreement (MOA) or Memorandum of Understanding (MOU) between
the DOD installation, USACE, and the appropriate regulatory agencies may also be used to record the
details of an institutional control program.
(4) An institutional control program shall be recorded as a response action in a Remedial Action
Plan (RAP) or Record of Decision (ROD). For example, at Aberdeen Proving Ground, Maryland, the
institutional control plan was included in the ROD for the site; thereby, making the institutional control
legally enforceable. In addition, by recording the institutional control in the ROD, the Army becomes
legally responsible for complying with, funding, and implementing the plan.
(5) Regardless of which instrument is used to implement an institutional control program, the
institutional control plan should include a description of each institutional control, the purpose for the
control, specific conduct and activities that are prohibited, requirements for implementation of the
control, and procedures to take if the land use plans change. References to applicable site
characterization documents (e.g., Remedial Investigation/Feasibility Study, EE/CA, ROD, Action
Memorandum, etc.) should also be included. The institutional control plan should include a land survey
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