Memorandum

MEMORANDUM OF UNDERSTANDING
between the
U.S. Environmental Protection Agency
and the
U.S. General Services Administration

I. Purpose

The purpose of this Memorandum of Understanding (MOU) is to establish a general working agreement between the United States Environmental Protection Agency (EPA) and the United States General Services Administration (GSA) to coordinate their policies and activities in support of brownfields assessment and cleanup, community revitalization and economic redevelopment efforts.

II. Background

Brownfields are abandoned, idled, or under-used industrial and commercial properties where redevelopment is complicated by real or perceived environmental contamination. Because of the stigma of contamination and other barriers to redevelopment, brownfields remain unproductive, blighting communities while developers resort to "greenfields" outside cities.

Beginning with the Brownfields Action Agenda announced in 1995, EPA has empowered states, communities and other stakeholders in economic redevelopment to work together in a timely manner to address brownfields. EPA's initiative has begun the process of assessing, cleaning up and sustainably redeveloping brownfields, including removing 31,000 sites off the Superfund site inventory and awarding grants to more than 120 cities of up to $200,000 each to conduct site assessment and response planning.

On August 28, 1996, the President proposed to substantially expand the brownfields initiative to 300 cities including $700 million, with $300 million of that in new investment. The President's proposal has resulted in the expansion of EPA grants to communities for site assessment and redevelopment planning, new EPA training initiatives for jobs in local remediation projects, enactment of a $1.5 billion brownfields tax incentive, and new support for state voluntary cleanup programs.

On May 13, 1997, Vice President Gore announced the Brownfields National Partnership, which represents the next phase of the national movement to address brownfields. The Brownfields National Partnership brings together 28 organizations, including more than 15 Federal Agencies, to work together to help communities cleanup and revitalize brownfields. The cornerstone of the new Brownfields National Partnership is a coordinated Federal response to the needs of communities.

It has become increasingly clear that as the brownfields initiative matures, it must provide a series of models for states and municipalities for environmental cleanup and sustainable redevelopment of brownfields properties. As the primary property manager and disposal agent for the Federal Government, GSA believes it can provide leadership to states and municipalities by example. Specifically, the inclusion of Federal sites in the brownfields initiative will enhance redevelopment opportunities across the country, while lowering the carrying costs for such property to the Federal Government, and therefore the taxpayers. Successful redeployment of Federal properties also increases the local tax base and promotes commercial development. A coordinated effort between EPA and GSA will provide an important link between environmental and development officials and specialists and will serve as a model for integration of brownfields cleanup and redevelopment as envisioned in the Brownfields National Partnership.

III. Agreement

EPA and GSA agree to work together to address the problems of brownfields. This may include:

1. Jointly developing a brownfields strategy. This strategy will define mechanisms for coordinating the activities of EPA and GSA linking brownfields activities with urban economic redevelopment and neighborhood revitalization, including implementation of the President's proposed Brownfields Initiative. This strategy could be integrated into a national brownfields strategy reflecting federal, state and community activities. The agencies will establish a working group to develop a joint brownfields strategy. GSA will coordinate its policies and procedures with EPA to successfully accomplish this strategy.

2. Jointly identifying and implementing actions that link brownfields activities with economic development and neighborhood revitalization where Federal properties may be included in such activities. These actions may, based on current authority, include:

   - support, including technical assistance, for state, tribal and local governments to develop proposals for integrating brownfields assessment and cleanup with economic development planning;

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   - support, including technical assistance, for state, tribal and local governments to participate in voluntary cleanup of specific sites, and to coordinate such programs with state economic development initiatives;

   - support, including technical assistance, to communities to stimulate and leverage the assessment, cleanup and redevelopment of brownfields;

   - encouragement and technical assistance to field staff to coordinate implementation efforts at the local level; and

   - review and assessment of Federal property holdings and actions to identify potential brownfields development candidates and opportunities.

3. Jointly developing and supporting the development of performance measures and benchmarks for programmatic initiatives, and the preparation of guidance materials to help states and localities more effectively address brownfields, urban economic redevelopment and neighborhood revitalization.

IV. Programming, Budgeting, Funding, and Reimbursement Arrangement

1. This MOU is neither a fiscal nor a funds obligation document. Any endeavor involving reimbursement or contribution of funds between the parties to this MOU will be handled in accordance with applicable laws, regulations and procedures, and will be subject to separate subsidiary agreements that shall be effected in writing by representatives of both parties.

2. This MOU in no way restricts EPA or GSA from participating in similar activities or arrangements with other entities or Federal agencies.

3. Nothing in this MOU shall obligate EPA or GSA to expend appropriations or to enter into any contract or other obligations.

V. Authorities

The authorities governing this MOU are as follows:

- The Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA);

- The Emergency Planning and Community Right-to Know Act (EPCRA), also known as

SARA Title III; the Resource Conservation and Recovery Act (RCRA), as amended by the Hazardous and Solid Waste Amendments of 1984 (HSWA), including Subtitle C (hazardous waste), Subtitle D (solid waste), Subtitle I (underground storage tanks); and Subtitle J (otherwise known as the Medical Waste Tracking Act of 1988); The Oil Pollution Act of 1990 (OPA); and any other authorities appropriate to implement this agreement.

- The National Environmental Policy Act of 1969, as amended, (NEPA); and Executive Order 12898 on Environmental Justice.

- The Federal Property and Administrative Services Act of 1949, as amended.

VI. Effective Date

This MOU will become effective upon signature by the Administrator of the U.S. Environmental Protection Agency and by the Administrator of the U.S. General Services Administration and shall remain in effect until termination by either party. Either party may terminate this MOU upon 90 days written notice to the other party. Its provisions will be reviewed annually and amended or supplemented as may be agreed upon mutually.

VII. Other MOUs

There are no superseding MOUs on this topic between the parties hereto.