Defense and State Memorandum of Agreement

Description: The goal of the Defense and State Memorandum of Agreement (DSMOA) program is to expedite environmental restoration at Department of Defense (DoD) installations and Formerly Used Defense Sites (FUDS) properties via partnerships. Through improved communication, coordination, and cooperation between DoD and States, that have been fostered by these partnerships, have resulted in better protection of human health and the environment on DoD installations. The DSMOA program allows environmental restoration at DoD installations to occur in an expeditious and efficient manner, in compliance with applicable State and Federal laws and regulations.

Background: The DSMOA Program was established pursuant to Section 211 (B) of the Superfund Amendments and Reauthorization Act (SARA) enacted in 1986. SARA refined and expanded the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), formally establishing the Defense Environmental Restoration Program (DERP) and funding for the program through the Defense Environmental Restoration Account (DERA) and Base Realignment and Closure (BRAC) Programs. Title 10 U.S.C. section 2701, authorizes the Secretary of Defense to obtain the assistance of States and Territories in executing environmental restoration and in carrying out responsibilities that arise under the DERP. The DSMOA program creates this partnership between the DoD and State and U.S. Territorial regulatory entities.

The Secretary of Defense designated the Secretary of the Army as the Lead Agent to manage the DSMOA program subject to the Office of Secretary of Defense oversight. The Secretary of the Army delegated this authority to the Assistant Secretary of the Army (Installation, Energy and the Environment) who assigned responsibility for the DSMOA program guidance to the Deputy Assistant Secretary of the Army (Environment, Safety and Occupational Health). Additionally, the Secretary of the Army delegated to the U.S. Army Corps of Engineers to administer the DSMOA program by designating a warranted Grants Officer to comply with all applicable laws and regulations and in accordance with the DoD Grants and Agreement Regulations (DoD 3210.6-R)

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