EP 1110-1-24
15 Dec 00
c. Records and Community Involvement.
(1) Army policy requires that properties slated to become inactive or closed are to have all
records relating to OE contamination of the property maintained in perpetuity. When accountability and
control of Army real property that contains OE is transferred to another DOD component or Federal
agency, that action will be accompanied by a transfer of all records relating to the OE contamination of
the property. These records will be permanently maintained by the receiving agency.
(2) The information listed in Paragraph 6-3(b)(3) above must be included with the AR 405-90,
Disposal of Real Estate, report of excess to ensure entry in the permanent land records of the civil
jurisdiction in which the property is located.
(3) In addition, when an OE-contaminated property is transferred between government agencies,
a MOA will be negotiated between the USACE and the receiving Federal agency. The MOA will
define the area of concern, identify any specific land use restrictions of the property, and outline any
legal or engineering controls that have been established on the property.
(4) The release of OE-contaminated properties currently owned by DOD to owners outside of
DOD is generally unacceptable. If, however, such a transfer is considered, an explosives safety
submission must be prepared and submitted to the Department of Defense Explosives Safety Board
(DDESB). The explosives safety submission will refer to sufficient supporting documentation (e.g.,
administrative record, risk assessment, site investigations, and other site-specific documentation) in
order for the DDESB to make an informed decision on the viability of the proposed institutional controls
for a subject site.
(5) The importance of providing public notice of an institutional control program and including the
community in the development of the plan has been stressed throughout this report. An organized
community involvement program that is used throughout the development and implementation of
institutional controls will keep local government representatives and the citizenry informed. By keeping
these groups informed, feedback may be obtained which may be helpful in developing an effective
institutional control program. Such feedback also serves to foster goodwill between DOD and the
community. A complete record must be maintained of all community involvement activities performed
during the development and implementation of an institutional control program. These records will be
maintained along with the other OE site investigation and remediation records prepared for the property.
d. Appendix H contains a checklist addressing issues related to implementing institutional
controls.
6-6
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