Appendix C: Managing Data for Long-term Stewardship

MANAGING DATA FOR LONG-TERM STEWARDSHIP

APPENDIX C

APPENDIX C: INFORMATION NEEDS ASSOCIATED WITH DOE PROPERTY TRANSFER: REQUIREMENTS AND PRACTICES

This appendix describes the requirements and practices regarding information associated with DOE property transfer, focusing on information that is most likely to have stewardship value. This appendix is not intended to be a complete reference for the property transfer process. Further information regarding DOE property transfer can be found in the Office of Field Management DOE Real Estate Process: A Desk Guide for Real Estate Personnel, as well as other DOE property transfer guidances.

C.1 Types of Transfer

DOE owns real and personal property; however, the need for stewardship data discussed in the main text is primarily related to data regarding real property. Therefore, this appendix focuses on the transfer of real property.

There are several types of mechanisms for transferring property. DOE may transfer real property to another owner via donations, exchanges, and/or sales. DOE may transfer to other users (not owners) via outgrants. Outgrants include easements, leases, licenses, or permits. Figure C-1 presents a graphical description of the various types of transfer mechanisms. As shown, the type of mechanism available to DOE depends on how DOE obtained the property. There are three primary mechanisms DOE may have used to obtain property:

Acquisition. Property obtained through purchase from original owner (approximately 27 percent of DOE land was obtained using this mechanism.)
Withdrawl. Property withdrawn from public domain that has been reserved by the Department of Interior (DOI) for use by DOE (approximately 62 percent of land).
Other. Property provided to DOE via a grant or some other vehicle (approximately 11 percent). ¹

Types of Property

Real. Land and improvements on land (e.g., access roads, buildings, other structures).
Personal. Movable items (i.e., neither fixed nor installed) that do not form an integral part of real property.

Figure C-1. Types of Real Property Transfers

Real Property Transfers Figure

¹Resourceful Reuse: A Guide to Planning Future Uses of DOE Sites, May 1996, DOE/ EM-0285.

INFORMATION NEEDS ASSOCIATED WITH DOE PROPERTY TRANSFER

C.2 Requirements

The transfer of DOE real property can be overseen by one of three agencies: (1) DOE; (2) Bureau of Land Management (BLM); and (3) General Services Administration (GSA). This section describes the requirements regarding information as property is transferred, focusing on stewardship data.

C.2.1 DOE

DOE can dispose of real property when the proposed action meets the provisions and requirements of certain statutory authorities. There are five primary sources of authority for DOE to sell or lease property directly:

The Atomic Energy Act of 1954. Section 161( g) as amended, 42 U. S. C. 2201( g), provides DOE with authority to sell, lease, and transfer real property, if the transfer advances the purposes and policies of the Act.
The Atomic Energy Community Act of 1955. This Act provides DOE with authority to transfer property that was originally owned and managed by the Atomic Energy Commission directly to private owners in the three "atomic energy communities" of Richland, Washington; Oak Ridge Tennessee; and Los Alamos, New Mexico. This Act establishes the procedures, terms, and conditions for the disposal of property in those communities.
The National Defense Authorization Act of 1993: Section 3154 (Hall Amendment to the DOE Organization Act of 1977). The Hall Amendment provides DOE with authority to lease property (for up to 10 years, with an option to renew) at DOE weapon production facilities (which represent only a portion of DOE sites) that are to be closed or reconfigured.
The DOE Organization Act of 1977. Section 649 authorizes DOE to lease its facilities that are temporarily not needed for up to five years, if the leasing is in the public interest.
Energy Reorganization Act of 1974. This Act provides DOE with authority to transfer facilities constructed from funds provided under the Act, subject to pre-approval by Congress.

In addition, there are several other statutory authorities for property transfer within specific sites and/ or programs within DOE, including: Naval Petroleum Reserves, Strategic Petroleum Reserves, and Oil Shale Conversion Facilities.

Other legislation relevant to the transfer of property and future stewards includes Section 3158 of the National Defense Authorization Act of 1998. This section provides DOE with the authority to indemnify the future owners or lessees of DOE property at defense nuclear facilities against any claim for injury to person or property that results from the release or threatened release of a hazardous substance or pollutant or contaminant as a result of DOE activities at the facility on which the real property is located. The indemnification does not apply if the future owners or lessees contribute to such release or threatened release.

The various statutory authorities described above generally include the terms, conditions, and procedures for property transfer. They do not appear to contain requirements regarding the transfer of information to future stewards of the site. However, stewardship information is required of DOE to meet the terms, conditions, and procedures of the statutory authorities. For example, the Hall Amendment requires the Secretary of Energy to consult with the EPA Administrator (for property listed on the National Priority List (NPL)), or the appropriate State official (for property not listed on the

APPENDIX C

NPL) to "determine whether the environmental conditions of the property are such that leasing the property, and the terms and conditions of the lease agreement, are consistent with safety and the protection of the public health and the environment." To support implementation of the Hall Amendment, DOE must have information regarding the source, type, and extent of environmental contamination caused by DOE.

To conduct property management and transfer, DOE has developed various orders and guidances. The sections below describe key orders and guidances regarding property transfer.

C.2.1.1 DOE Order 430.1

This section highlights the stewardship information required for the key DOE Order regarding property transfer: DOE Order 430.1, Life Cycle Asset Management.

The DOE Order 430.1, Life Cycle Asset Management, specifies how DOE sites plan, acquire, operate, maintain, and dispose of physical assets as valuable national resources. This order replaces previous DOE orders regarding property management, including DOE Order 4300.1C, Real Property Management. However, DOE sites use the previous orders as guidance in conducting property management. This Order specifies requirements for the identification, inventory, and periodic assessments of the condition of physical assets in the property management program. For nuclear facilities, DOE Order 430.1 requires the development of decommissioning turnover and decontamination (if appropriate) plans, which may require stewardship information for their development.

Former DOE Order 4300.1C, Real Property Management, specifies DOE's policies and procedures for the acquisition, use, inventory, and disposal of real property or interests therein. Replaced by DOE Order 430.1 (described above), this order remains as guidance for DOE sites in conducting property management. For disposals that include both Government-owned land and improvements, this guidance requires the site real property representative is to prepare a memorandum for local field element or headquarters approval, whichever is required. This memorandum is to address several items, including several stewardship data items (Chapter II, (1)(g)):

"General description, location, size, acquisition cost, nature of real estate interest proposed for disposal, brief history, effects upon severance, mineral and other rights, impact upon the natural resource conservation program of the installation, existence of facilities of cultural or historical significance as defined by 36 CFR 800, and any other relevant information, which explains the proposed disposal action.
A brief discussion of the environmental and economic impact of the proposed disposal action, with a summary of the environmental requirements.
A site and vicinity real estate map identifying the parcels; photographs, if available; number, type, use, size, age, and general condition of facilities and utilities proposed for disposal.
Certification of compliance with 40 CFR 761 regarding use and storage of Polychlorinated Biphenyls (PCBs) will be required when there is any possibility PCBs have been utilized (transformers); a statement regarding presence or absence of friable asbestos; and, any underground storage tanks must be identified... as to location, size, and former use."

Former DOE Order 4300.1C, Real Property Management, also references the requirements in Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Section 120(h). This section addresses the sale or other transfer of real property on which any hazardous substance was stored for one year or more, was known to have been released, or was disposed. The con-

INFORMATION NEEDS ASSOCIATED WITH DOE PROPERTY TRANSFER

tract for the transfer of the property must include notice of the type and quantity of such hazardous substance and notice of the time at which such storage, release, or disposal took place, to the "extent such information is available on the basis of a complete search of DOE files" (CERCLA Section 120(h)(1)-(2) and 40 CFR 373). Also, if hazardous substances were stored, disposed of, or released on land to be sold or transferred, CERCLA requires that the deed must identify these substances, their amounts, and when they were present. The deed must also include a covenant stating that remedial action necessary to protect human health has been completed and any subsequent remedial action, which may be required, will be conducted by the U. S. (CERCLA Section 120(h)(3)). A summary of the information required is shown in Table C-1.

Table C-1. Summary of CERCLA Requirements Regarding Hazardous Substances and Wastes

Requirement CERCLA Section 120(h)(1) CERCLA Section 120(h)(3) CERCLA Section 120(h)(5) CERCLA Section 120(h)(4)

Description Include in the contract for sale or transfer, a notice of the types, quantities, and the time at which hazardous substances were managed Include in the deed a description of the types, quantities, and the time at which hazardous substances were managed Notify states of sites to be closed and that are encumbered by a lease beyond the closure date and are contaminated Identify uncontaminated parcels of land

Contaminants covered Hazardous substances as listed in 40 CFR 302.4 only Hazardous substances or petroleum product or its derivatives

Length of time managed on property Hazardous substances stored for less than a year, released, or disposed on the property Hazardous substances stored for less than a year, released, or disposed on the property

Types of real property transfers covered All real property transfers regardless of whether ownership changes, including transfers between federal agencies All real property transfers in which ownership changes, and transfers between federal agencies Leases of real property after operations cease. Not specified

Information sources Departmental files only; however, it is a best management practice to follow the most stringent data gathering requirements (Section 120(h)(4)) Not specified; however, it is a best management practice to follow the most stringent data gathering requirements Reasonably obtainable federal, state, and local government records and other sources (interviews, physical inspection, sampling, and aerial photographs)

Source: Cross-Cut Guidance on Environmental Requirements for DOE Real Property Transfers, U. S. DOE, Office of Environmental Safety & Health (EH-413), October 1997

C.2.1.2 DOE Guidance

Some DOE program offices have adopted their own guidances regarding property transfer. This section highlights the stewardship information required for two key property transfer guidances.

The stewardship information required for the Office of Environmental Management guidance² includes information required to determine the most "beneficial use" for excess property. Beneficial use refers to the use or range of uses that reflects a balance among a variety of goals, including "maximum return to the taxpayer, wise land stewardship, adherence to Tribal and community values, economic development, environmental protection, cultural and natural resource preservation, and aesthetic value." DOE

²Resourceful Reuse: A Guide to Planning Future Uses of DOE Sites, May 1996, DOE/ EM-0285.

APPENDIX C

guidance regarding property reuse recommends several steps that involve the collection of stewardship information to determine the most beneficial use:

The site is to determine the extent and nature of any contamination (chemical, radiological, PCB, metal, or petroleum) of soils, ground and surface water, and structures. The guidance states the nature of the contamination must be known regardless of the reuse and mechanism of transferring the property. For example, contamination information is required when property is transferred to GSA or DOI. Also, potential private buyers or lessees will want to know the environmental status of available property.
The guidance recommends that information on completed or planned decontamination activities be gathered, such as cleanup levels, schedules, and costs.
Information needed to comply with NEPA and other legal requirements for releasing targeted property should also be collected: RI/ FS, RODs, EAs, EIS, site comprehensive plans, RCRA corrective action plans, and decommissioning plans.
Sites are to identify the nature and magnitude of the risks of any contamination to human health and the environment, which may vary according to the future land use.
The guidance recommends that all natural resources that may affect the property's use and disposal be identified: wetlands, aquifers, flood plains, endangered or threatened species and habitats, flight paths of migratory birds, mineral deposits, ecologically rich pristine areas, and whether the property is part of a wild and scenic river designation.
Sites are to undertake a cultural resource assessment in collaboration with Tribal governments, and possibly others, prior to disposal of real property, including: buried sites, buried objects, cave paintings, human remains, archaeological sites, and structures of historical significance.
When a site conducts a marketability analysis to determine the reuse and transfer of the property, several types of stewardship data may be required, including: characteristics of the facility that will directly affect its marketability (facility's age and general condition, associated personal and intellectual property, compliance with applicable codes, and adaptability to new or expanded uses); condition and nature of site infrastructure; and the nature and degree of contamination.

Examples of DOE Program Office Requirements Regarding Property Transfer

Office of Environmental Management

Policy on Decommissioning of DOE Facilities under the CERCLA
Decommissioning Resource Manual
Decommissioning Implementation Guide
Charting the Course: the Future Use Report
Resourceful Reuse: A Guide to Planning Future Uses of Department of Energy Sites

Office of Environmental Policy and Assistance

Cross-Cut Guidance on Environmental Requirements for DOE Real Property Transfers

Office of Field Management

DOE Real Estate Process: A Desk Guide for Real Estate personnel

Office of Worker and Community Transition

Guidance for Support of Economic Development Activities

Source: Cross-Cut Guidance on Environmental Require-ments for DOE Real Property Transfers, Office of Environmental Safety & Health (EH-413), U. S. DOE, October 1997.

INFORMATION NEEDS ASSOCIATED WITH DOE PROPERTY TRANSFER

The Office of Environmental Policy and Assistance guidance³ contains several requirements for providing stewardship information to future users:

National Environmental Policy Act (NEPA) of 1969 documents. NEPA requires Federal agencies to perform an evaluation of the impact of each proposed major Federal action on the quality of the environment before undertaking the action, which includes real property transfers (according to the Secretarial Policy on NEPA of June 1994). Unless the real property transfer is deemed to be categorically excluded from further NEPA review under Appendix A to Subpart D of 10 CFR Part 1021, an Environmental Assessment (EA) and/ or and Environmental Impact Statement (EIS) is prepared.
Environmental Baseline Survey (EBS). Information regarding the environmental condition of a property is summarized in an EBS. While no DOE guidance directly prescribes the preparation of an EBS, this guidance recommends the completion of an EBS, similar to that used by the Department of Defense, to fulfill CERCLA requirements applicable to real property transfer. The EBS is to provide a basis for determining if property is suitable for transfer, lease, or assignment; serve as a foundation study for installation closure; and satisfy legal requirements (e.g., CERCLA, state or local real property transfer requirements).
Occupational Safety and Health Baseline (OSHB). Information regarding the condition of a property related to occupational safety and health is summarized in an OSHB.
Invitation for Bid/ Offers. Invitations to potential owners for the sale of DOE property may contain some information regarding the environmental condition of the property.
Other Agencies. Information submitted to other agencies in the process of transferring the property includes some environmental information.
Conveyance of Property Transfer. Information included in the conveyance of property transfer (e.g., deed, contract) to the new owner or user includes data regarding the environmental condition of the property.
Other Organizations. Information provided to lessee or new owner and other entities include data regarding the environmental condition of the property.

The information need for each of the above requirements is summarized in Table C-2, by the type of environmental information that is required.

Table C-2. Summary of Environmental Information Required for DOE Real Property Transfer

Environmental Information Type Type of Data NEPA EA or EIS EBS OSHB Invitation for Bid/Offers Other Agencies Conveyance of Property Transfer Other

Floodplains and Wetlands Information regarding floodplains and wetlands

If withdrawn land, data, any changes or disturbances, any terms and conditions deemed necessary to incorporate in any further disposition of the land to protect the public interest to BLM; otherwise, data to GSA If outgrant, identification of floodplains/ wetlands, appropriate restrictions, and responsibility for obtaining necessary permits

³Cross-Cut Guidance on Environmental Requirements for DOE Real Property Transfer, Office of Environmental Safety & Health (EH-413), U. S. DOE, October 1997.

APPENDIX C

Table C-2. Summary of Environmental Information Required for DOE Real Property Transfer (continued)

Environmental Information Type Type of Data NEPA EA or EIS EBS OSHB Invitation for Bid/Offers Other Agencies Conveyance of Property Transfer Other

Natural Resources Information about Federally-listed or proposed species, state-listed species, and the habitats of threatened and endangered species, environments of migratory birds, Wild and Scenic Rivers Act designated areas, and other environmentally sensitive natural resources

1. Informal consultation with U. S. Fish and Wildlife Service regarding impacts on listed or proposed species, critical or proposed critical habitats, and migratory bird environments
2. If withdrawn land, appropriate information to BLM Inform lessee or new owner of potential need for biological assessment and formal consultation with the U. S. Fish and Wildlife Service if there are either (1) listed or proposed threatened or endangered species in the area or (2) listed or proposed critical habitats on the real property and the lessee or new owner is planning major construction activity

Cultural Resources Information on historic properties, burial grounds, sacred sites, and access routes to sacred sites are identified

1. Consult with ACHP if historic buildings are offered for lease, license, or permit
2. Appropriate information; any changes or disturbances to cultural resources; and any terms and conditions deemed necessary to be incorporated in further disposition of land to protect these cultural resources; otherwise, data to GSA Appropriate restrictions on historic properties, burial grounds, sacred sites, and access routes to sacred sites are identified 1. Consult with potentially affected Indian tribes, Native Alaskan villages, and Native Hawaiian organizations if cultural resources identified
2. Attach confidentiality provisions to all data concerning cultural resources

Hazardous Substances, Hazardous Wastes, and Petroleum Products Information on hazardous substances, hazardous wastes, or petroleum products (or their derivatives)

1. If leased, notify appropriate state officials
2. If withdrawn, data on extent of contamination and decontamination measures to BLM Appropriate information

Underground Storage Tanks (UST) Information regarding USTs

1. If leasing, notify appropriate state officials Appropriate information

INFORMATION NEEDS ASSOCIATED WITH DOE PROPERTY TRANSFER

Table C-2. Summary of Environmental Information Required for DOE Real Property Transfer (continued)

Environmental Information Type Type of Data NEPA EA or EIS EBS OSHB Invitation for Bid/Offers Other Agencies Conveyance of Property Transfer Other

Underground Storage Tanks (UST) (continued) 2. If withdrawn, extent of UST contamination and UST decontamination measures to BLM
3. If USTs closed or changed in service and ownership changes, notify appropriate regulatory authority

Radioactive Substances and Contamination Information regarding radioactive substances and contamination

1. If leasing, notify appropriate State officials
2. If withdrawn, extent of radioactive contamination and decontamination measures to BLM
3. If any changes in ownership affecting status of NRC license, notify appropriate NRC Regional Administrator Appropriate information If leased, licensed, or permitted, inform tenants and occupants about presence and location of equipment with radioactive substances

Polychlorinated Biphenyls (PCBs) Information regarding PCBs and any equipment with PCBs

1. If leasing, notify appropriate state officials
2. If withdrawn, extent of PCB contamination and decontamination measures to BLM
3. If any changes in ownership affecting status of PCBs, PCB activities, and unprotected, lower secondary voltage network PCB transformers in or near commercial buildings, notify appropriate EPA Regional Administrator Appropriate information 1. If leased, licensed, or permitted, inform tenants and occupants about presence and location of PCBs
2. If any change in ownership concerning a PCB transformer, notify the organization(s) that would conduct initial response to fire

APPENDIX C

Table C-2. Summary of Environmental Information Required for DOE Real Property Transfer (continued)

Environmental Information Type Type of Data NEPA EA or EIS EBS OSHB Invitation for Bid/Offers Other Agencies Conveyance of Property Transfer Other

Asbestos Information regarding friable asbestos

1. If leasing, notify appropriate state officials
2. If withdrawn, extent of contamination and decontamination measures to BLM; otherwise, to GSA Appropriate information If leased, licensed, or permitted, inform tenants and occupants about presence and location of friable asbestos and equipment with friable asbestos

Environmental Permits Information regarding CAA, NPDES, UIC, and RCRA permits If permit transferred to new owner or operator, notification and written agreement (containing a specific date for transfer of the permit responsibility, coverage, and liability) between DOE and new permittee to permitting agency

Source: Cross-Cut Guidance on Environmental Requirements for DOE Real Property Transfers, U. S. DOE, Office of Environmental Safety & Health (EH-413), October 1997. Only includes environmental requirements imposed by Federal statute or regulation.
Note: EA - Environmental Assessment, EBS - Environmental Baseline Survey, EIS - Environmental Impact Statement, NEPA - National Environmental Policy Act, OSHB - Occupational Safety and Health Baseline

C.2.2 BLM

The BLM oversees the transfer of land that has been withdrawn by the Department of Interior. The transfer is conducted according to the requirements of the Federal Land Policy and Management Act of 1976. DOE notifies the BLM via a Notice of Intention to Relinquish that DOE intends to declare the real property as excess. The notification must include information regarding 13 items (see Table C-3), including several items related to stewardship information. BLM then determines whether it will accept and manage the land. BLM may reject land that is not suitable for return to the public domain, including withdrawn land that contains improvements, or has substantially changed in character.

Table C-3. Information Required to Transfer Property to BLM

1. DOE field element responsible for the real property

2. Citation of order withdrawing or reserving the land for DOE use

3. Legal description and acreage of land

4. Description of improvement(s)

5. Extent land has changed in character other than by improvement(s)

6. Extent to which land is contaminated and nature of contamination

7. Extent to which land is decontaminated or measures being taken to protect public from the contamination

8. Extent to which land and resources have been disturbed and measures to recondition property 9. A certification DOE has exhausted GSA procedures for disposal of any abandoned improvements and that the improvements are without value

10. Description of easements or other rights and privileges (leases, encumbrances) burdened on the land

11. Any terms and conditions DOE may deem necessary to incorporate in any further disposition of the land to protect the public interest

12. Information relating to interest of other agencies or individuals in acquiring use of the land

13. Any recommendations (e.g., disposition of the land by GSA)

Source: Cross-Cut Guidance on Environmental Requirements for DOE Real Property Transfers, Office of Environmental Safety & Health (EH-413), U. S. DOE, October 1997.

INFORMATION NEEDS ASSOCIATED WITH DOE PROPERTY TRANSFER

C.2.3 GSA

The GSA oversees the transfer of withdrawn land that is rejected by BLM, acquired land, and land obtained by other mechanisms. The transfer is conducted according to the requirements of the Federal Property and Administrative Services Act of 1949. To implement this Act, GSA promulgated the Federal Property Management Regulations (FPMR), which contain more specific requirements for the transfer of the land, including the submission of Standard Form (SF) 118, "Report of Excess Real Property" (41 CFR 101 Section 47.202-2). SF 118 requires information regarding 13 items (see Table C-4), including several items related to stewardship information. The FPMR also contains a provision to provide information to future stewards:

The disposal agency "shall render such assistance to [the buyer] as may enable them, insofar as feasible, to obtain adequate information regarding the property. The disposal agency shall establish procedures so that all persons showing due diligence are given full and complete opportunity to make an offer." (Section 47.304-3)

Table C-4. Information Required to Transfer Property via GSA

1. Description of real property

2. Date title vested in U. S.

3. All exceptions, reservations, conditions, and restrictions relating to the title acquired)

4. Information regarding any circumstances since acquisition that may have affected the right, title, and interest of the U. S. in the real property

5. Status of civil and criminal jurisdiction over the land

6. Information regarding flood hazards, floodplains, or wetlands and restricted uses

7. Description of fixtures and related personal property with historic or artistic value

8. Historic significance of real property (including any listing on the National Register of Historic Places)

9. Description of type, location and condition of asbestos in buildings or improvements on the land;) any asbestos control measures taken; and any estimated costs and time to remove all or part of the asbestos)

10. Information on the type and quantity of each hazardous substance known to have been stored (for one year or more), released, or disposed on the real property; whether all remedial actions necessary to protect human health and the environment with respect to hazardous substances on the real property has been taken; and if such remedial action has not been taken, when such action will be completed

11. Legible, reproducible copy of all instruments (agreements, licenses, etc.) affecting the right, title, or interest of the U. S. in the real property )

12. Any appraisal reports of the fair market value or the fair annual rental of the real property )

13. Certification that each item of equipment subject to 40 CFR Part 761 on the real property is in a state of compliance.
Source: Cross-Cut Guidance on Environmental Requirements for DOE Real Property Transfers, Office of Environmental Safety & Health (EH-413), U. S. DOE, October 1997.

APPENDIX C

C.3 Practice

In the transfer of property, the primary mechanism for community involvement with potential future property owners or lessees is through the local Community Reuse Organization (CRO) at each site. Created to alleviate the adverse impact of downsizing defense nuclear facilities on affected local communities, CROs exist at 12 sites.⁴ The membership of CROs includes a broad representation of the affected communities, including local economic and community development organizations, individual residents, community-based organizations, business, educational, and financial institutions, site workers and their labor organizations, local government officials, public interest groups, environmental groups, diversity groups, and federally-recognized American Indian Tribes.

The CRO works with DOE to develop a Community Transition Plan, which describes the overall strategy and actions proposed by the community to respond to a changing mission at a DOE facility, building upon other existing community and facility planning efforts in the region. The Plan may include proposals for the commercialization of DOE property (e.g., technologies, facilities, or equipment) by a third party or the M& O contractor for non-Department business activities; facility reuse by non-DOE entities (reuse of Department facility real estate and fixtures including buildings, land, and facilities that are not needed for the Department's traditional missions); and personal property transfer (transfer of Department-controlled equipment, supplies, and intellectual property to another entity).⁵

The role of the CRO in the actual transfer of property varies, depending upon the Plan. The CRO may facilitate the transfer of the property to a non-DOE entity. For example, the CRO at Hanford, TRIDEC, delegated authority for the transfer of property to the Port of Benton, a state authority. The CRO may also become the owner or lessee of the property. For example, the CRO at the former Pinellas Plant, the Pinellas Country Industry Council, is now its owner.

During the transfer process, the future property owner, lessee, and/ or CRO identifies what stewardship information should be obtained from DOE and requests the appropriate records. DOE then provides the records requested. The type of stewardship data transferred thus far has varied from site to site, based on the current site conditions and the expected use of the site. Table C-5 lists each of the sites that have a CRO and summarizes some of the property that has been transferred at these sites.⁶ Table C-5 also presents any major issues identified after the transfer, primarily based on a survey of the CROs and DOE officials knowledgeable about the property transfers. As of the writing of this report, DOE is currently in the process or has already completed the transfer of property at several sites, including two nuclear sites (the Pinellas and the Mound Plants) and one research facility (Oxnard). DOE also leased and sold property at two sites with ongoing missions (Hanford and Oak Ridge).

The amount of property already transferred from DOE to other entities is limited. Many of the CROs are just now beginning to consider the kinds of information they will need from DOE. Based on the experience of the CROs, it appears that DOE sites provide data regarding environmental contamination (as required by CERCLA and other environmental regulations), site, and facility infrastructure, as well as any other data requested by the CRO or the future user of the property.

⁴Fernald, Hanford, Idaho, Los Alamos, Mound, Nevada, Oak Ridge, Paducah, Pinellas, Portsmouth, Rocky Flats, and Savannah River. Prior to the transfer of property, there was also a CRO at Oxnard.
⁵Interim Guidance for Community Transition Activities, Office of Worker and Community Transition, DOE.
⁶Table C-5 is not meant to be a comprehensive list of all property transferred by DOE and may not include some property that has already been transferred.

INFORMATION NEEDS ASSOCIATED WITH DOE PROPERTY TRANSFER

Table C-5. Summary of Property and Data Transferred

Site/Community Reuse Organization(CRO) Property Transferred Stewardship Data Transferred Issues Identified After Transfer

Fernald
Fernald CRO None Not Applicable Not Applicable

Hanford
TRIDEC, which delegated property transfer authority to the Port of Benton County 3000 Area in September 1996; 71 acres and about 15 buildings Environmental assessment documents; information regarding buildings (e.g., blueprints), land, infrastructure
Need for transition period during which future owners can consult with current DOE employees regarding the property and its features
Need for additional information regarding utility location (While upgrading the water lines, contractors hit unmarked lines at a rate of about 3 or 4 a week, resulting in change orders at an approximate additional cost of 15 percent)
Need for more recent environmental assessment information (Environmental assessment documentation was more than two years old; the Port of Benton discovered an oil pit not previously mentioned in the documentation)
Need for information regarding the telecommunications system
Need for utility billing information to predict costs
The identification of stewardship information required by future owner is highly dependent on the experience of the future owner in property transfer

Leased Building 313 to Kaiser Aluminum and Chemical Corporation (3 years), under the DOE Organization Act. Sold a 4,000-ton metal extrusion press located in the building to the City of Richland, under the Atomic Energy Community Act. The City of Richland then sold the press to Kaiser Aluminum. Unknown Unknown

Idaho
East Idaho Economic Development Council None Not Applicable Not Applicable

Los Alamos
Los Alamos Regional Development None Not Applicable Not Applicable

Mound
Miamisburg Mound Community Involvement Corporation Leasing of about 20 buildings over the last four years Environmental-related information through the NEPA process and baseline surveys; utility information via conversations between the Corporation and site engineers None yet identified. Currently working on developing a Finding of Suitability of Transfer (FOST) document that will summarize a variety of stewardship information (e.g., waste quantities stored, remedial actions, deed restrictions) and point to other documents containing more detailed information.

APPENDIX C

Table C-5. Summary of Property and Data Transferred

Site/Community Reuse Organization(CRO) Property Transferred Stewardship Data Transferred Issues Identified After Transfer

Nevada
NTS Development Corporation None. On-going discussions regarding sub-permitting of property from CRO to private companies None yet. Currently identifying type of information, which depends on the needs of the future user Not Applicable

Oak Ridge
CRO of East Tennessee Leasing nearly 1,000 acres of land to East Tennessee Economic Council, that is in turn making land available to private sector for industrial development. DOE retaining right to continue on-going operations (e.g., environmental sampling and monitoring) Land survey (including a map); environmental assessment; CERCLA Report; and Joint Inventory and Condition Report Not Yet Determined. Lease had been executed but will not be effective until lessee obtains insurance policy.

Oxnard Oxnard CRO Metal fabrications steel press plant to a private owner Environmental information required by CERCLA; building and system information (e.g., blueprints, security, electrical and other utilities); and any other information requested by the private owner Unknown

Paducah
Paducah Area Community Reuse Organization None Not Applicable Not Applicable

Pinellas Pinellas County Industry Council (PCIC) Sold the Pinellas Plant on March 17, 1995, under the Atomic Energy Act, to the PCIC and transferred completely on September 14, 1997 Based on an agreement between the PCIC and DOE, DOE provided records pertaining to radiation contamination assessment and decontamination methods used; permitting information; asbestos survey data; facility information (e.g., historical data, building plans); vendor information for equipment; and various procedures (e.g., hazardous material management, spill prevention, utilities) that may be adopted and rewritten by the new landlord.
Stewardship data transfer seen as successful by both CRO and DOE
Additional data provided are limited to information provided by several former Pinellas Plant employees who are on staff at the St. Petersburg Clearwater Economic Development Council

Portsmouth Southern Ohio Diversification Initiative None Not Applicable Not Applicable

Rocky Flats
Rocky Flats Local Impacts Initiative No real property. Some personal property. Not Applicable Not Applicable. Prior to closure, State of Colorado is interested in obtaining geographical information to include in state Geographical Information System (GIS) to support environmental planning (e.g., watershed planning)

Savannah River Savannah River Regional
Diversification Initiative None. Only a limited amount of excess personal property has been transferred. Not Applicable Not Applicable

Note: The final column displays "Unknown" for those sites at which the CRO was unable to be contacted for this report, and if no other information was available.

Last Updated 03/16/1999 (jrjb)

Requirement	CERCLA Section 120(h)(1)	CERCLA Section 120(h)(3)	CERCLA Section 120(h)(5)	CERCLA Section 120(h)(4)
Description	Include in the contract for sale or transfer, a notice of the types, quantities, and the time at which hazardous substances were managed	Include in the deed a description of the types, quantities, and the time at which hazardous substances were managed	Notify states of sites to be closed and that are encumbered by a lease beyond the closure date and are contaminated	Identify uncontaminated parcels of land
Contaminants covered	Hazardous substances as listed in 40 CFR 302.4 only		Hazardous substances or petroleum product or its derivatives
Length of time managed on property	Hazardous substances stored for less than a year, released, or disposed on the property			Hazardous substances stored for less than a year, released, or disposed on the property
Types of real property transfers covered	All real property transfers regardless of whether ownership changes, including transfers between federal agencies	All real property transfers in which ownership changes, and transfers between federal agencies	Leases of real property after operations cease.	Not specified
Information sources	Departmental files only; however, it is a best management practice to follow the most stringent data gathering requirements (Section 120(h)(4))		Not specified; however, it is a best management practice to follow the most stringent data gathering requirements	Reasonably obtainable federal, state, and local government records and other sources (interviews, physical inspection, sampling, and aerial photographs)
Source: Cross-Cut Guidance on Environmental Requirements for DOE Real Property Transfers, U. S. DOE, Office of Environmental Safety & Health (EH-413), October 1997

Environmental Information Type	Type of Data	NEPA EA or EIS	EBS	OSHB	Invitation for Bid/Offers	Other Agencies	Conveyance of Property Transfer	Other
Floodplains and Wetlands	Information regarding floodplains and wetlands					If withdrawn land, data, any changes or disturbances, any terms and conditions deemed necessary to incorporate in any further disposition of the land to protect the public interest to BLM; otherwise, data to GSA	If outgrant, identification of floodplains/ wetlands, appropriate restrictions, and responsibility for obtaining necessary permits

Site/Community Reuse Organization(CRO)	Property Transferred	Stewardship Data Transferred	Issues Identified After Transfer
Fernald Fernald CRO	None	Not Applicable	Not Applicable
Hanford TRIDEC, which delegated property transfer authority to the Port of Benton County	3000 Area in September 1996; 71 acres and about 15 buildings	Environmental assessment documents; information regarding buildings (e.g., blueprints), land, infrastructure	Need for transition period during which future owners can consult with current DOE employees regarding the property and its features Need for additional information regarding utility location (While upgrading the water lines, contractors hit unmarked lines at a rate of about 3 or 4 a week, resulting in change orders at an approximate additional cost of 15 percent) Need for more recent environmental assessment information (Environmental assessment documentation was more than two years old; the Port of Benton discovered an oil pit not previously mentioned in the documentation) Need for information regarding the telecommunications system Need for utility billing information to predict costs The identification of stewardship information required by future owner is highly dependent on the experience of the future owner in property transfer
	Leased Building 313 to Kaiser Aluminum and Chemical Corporation (3 years), under the DOE Organization Act. Sold a 4,000-ton metal extrusion press located in the building to the City of Richland, under the Atomic Energy Community Act. The City of Richland then sold the press to Kaiser Aluminum.	Unknown	Unknown
Idaho East Idaho Economic Development Council	None	Not Applicable	Not Applicable
Los Alamos Los Alamos Regional Development	None	Not Applicable	Not Applicable
Mound Miamisburg Mound Community Involvement Corporation	Leasing of about 20 buildings over the last four years	Environmental-related information through the NEPA process and baseline surveys; utility information via conversations between the Corporation and site engineers	None yet identified. Currently working on developing a Finding of Suitability of Transfer (FOST) document that will summarize a variety of stewardship information (e.g., waste quantities stored, remedial actions, deed restrictions) and point to other documents containing more detailed information.