&EPA
                   United States
                   Environmental Protection
                   Agency
                          Office of Emergency
                          and Remedial
                          Response
                                                                   Publication:
                                                                    9355.5-07/FS
                                                                   February 1990
Real Estate Acquisition
Procedures for USAGE Projects
 Office of Emergency and Remedial Response
 Hazardous Site Control Division OS - 220
                                        Quick Reference Fact Sheet
Introduction
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as
amended, authorizes the US Environmental Agency (EPA) to cleanup the nation's hazardous
waste sites.  Prior to planning and implementing a remedial action (RA), EPA will select one
delivery mechanism from among several available options. The US Army Corps of Engineers
(USAGE), because of their extensive experience in real estate activities has been asked to assist
EPA where EPA has determined
                                             Superfund Real Estate
                                             Alternatives Flow Chart
                                            Non-Contaminated
                                              Land
                                          Contaminated
                                            Land
that USAGE is the appropriate
supporting agency and that
health based relocation is not
required.  Health based reloca-
tions (or emergency relocations)
are beyond the scope of this
document and will be addressed
at a later date.


EPA, under Section 104(j)(l) of
the Superfund Statute, is author-
ized to acquire by purchase,
lease, donation, condemnation,
or otherwise, any real property
needed to conduct a remedial ac-
tion. Recent experience with
real property acquisitions for the
Superfund program has empha-
sized the need for Remedial
Project Managers (RPMs) to an-
ticipate that:
  •   Time frames for acquisitions may be long in duration.
  •   Site activities may be delayed due to acquisition issues.
  •   Initial planning must begin early in the remedial design process.

The process by which property is acquired for the remediation depends upon the remedy selected,

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the design of the remedy, the parties involved in implementation of the remedy, and the role of the
state in which the site is located. Generally, EPA will only acquire through purchase, lease, dona-
tion, or condemnation, property which is not contaminated. The Enforcement Access Provisions of
104(e) grants EPA the authority to access any real property which is contaminated or threatened with
contamination.

Initial Planning
During the initial planning phase of the acquisition process, the Region must determine the real estate
needs based on the requirements of the Record of Decision (ROD).  In order to make this
determination, the Region will task USAGE with the development of a Real Estate Planning Report
(REPR) in the Interagency Agreement (IAG). The REPR, completed prior to the submission of the
preliminary design for the project, summarizes specific characteristics of the properties needed for
the remedial action (see Summary of the REPR in the sidebar). REPRs are to be developed for all
USAGE designs, even when acquisitions are not anticpiated.
Upon reviewing the REPR, the Region in consultation with the Regional Counsel (RC), will
determine those interests to be acquired and then develop a strategy for acquiring those interests (see
Real Estate Decision Flow Chart).  The following issues would be considered in the  Region's
acquisition strategy:

   • Method of acquisition (purchase, lease, donation, or condemnation).
   • Summary of criteria for determination of acquisition method.
   • Federal funding availability
   • Acquisition schedule
   • Plan for public involvement related to acquisition (coordinated with overall site community
    relations effort).

Request and Approval Process
Once the Site Acquisition Strategy has been developed, the Region (with USAGE assistance as
needed) will submit a formal request for acquisition to the Assistant Administrator, Office of Solid
Waste and Emergency Response (OSWER) at EPA Headquarters.

This request, based on the site acquisition strategy, must include:

   • A rationale for the required acquisition.
   • The legal description  of all parcels.
   • Estimated cost of acquiring fte interest.
   • The REPR.

Prior to initiating the request, the Region must verify that the State will agree to  accept title to the
property on or before the completion of the remedial action. The acquisition cannot be completed
until the Superfund State Contract (SSC) is signed.

Headquarters review is coordinated by the Office of Emergency and Remedial Response (OERR).
OERR will evaluate the Region's request to determine if the acquisition is technically feasible and

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Real Estate Decision Flow Chart
               Real Estate
               Planning Report (REPR)
                   ional Review
                  Superfund
                  Regional Council
cost effective.  Before the Assistant
Administrator approves the request,
the Region must be able to demon-
strate that all reasonable attempts have
been made to limit the acquisition.
Prior to OSWER's approval, the re-
quest will be sent to the  Office of
General Counsel (OGC) whose role is
to concur with the strategy, thereby
ensuring that the acquisition does not
violate or contradict any current EPA
policies or regulations. When both of
these milestones have been reached, a
transmittal memo will be sent from
OERR (thru the Hazardous Site Con-
trol Division) to the Facilities  and
Management and Services Division
(FMSD) who will complete the acqui-
sition.
Acquisition
The Facilities Management and Services Division (FMSD), an EPA Headquarters organization, has
the sole authority in the Agency to accept titles and record deeds on behalf of the Federal
Government. This division, with their specialists in real estate, will facilitate USAGE support in the
actual acquisition phase of the project by formally transmitting the acquisition request to the USAGE
Headquarters' real estate division. USAGE Headquarters will determine what support is available
and then make the appropriate assignments.

In order for FMSD to perform their role adequately, they will examine the acquisition request and
supporting  documentation provided  by  the Region (in the REPR) to determine whether any
additional information such as detailed property descriptions, surveys, or appraisals are necessary
to complete the acquisition in accordance with existing Federal regulations.  Once the USAGE
district is formally tasked by USAGE Headquarters, the USAGE District will prepare and submit an
acquisition implementation plan complete with scheduling requirements to the Region with a copy
to FMSD. The Region with assistance from FMSD, will review the plan and use it in assessing the
status of the project.  USAGE will proceed with the offers to the property owners, negotiate, and
settle, at which time FMSD will accept the title.

Before or upon the completion of remedial activities, EPA will transfer the title to the State.  At the
time of transfer, the Region prepares a memo to FMSD explaining any deed restrictions referenced
in the Record of Decision. FMSD, upon  receipt of the memo, will proceed with the transfer.
The acquisition process for USAGE performed projects is detailed in the "Real Estate Acquisition
Flow Chart".

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Summary of the Major Roles and Responsibilities
    •Region requests REPR through the Remedial Design IAG.
    •Region review the REPR and devises a strategy for site acquisition.
    •Region submits the request to the Assistant Administrator, OSWER.
    •OERR coordinates EPA-HQ response on behalf of OSWER.
    • OGC concurs/nonconcurs with the request.
    •OSWER approves/disapproves the request.
    •State provides assurances of its intent to accept title.
    •OERR prepares transmittal memo to FMSD.
    •FMSD tasks USAGE to offer support.
    •USAGE prepares the final offer and title.
    •USAGE makes the offer, negotiates, and conducts the closing.
    •FMSD signs and accepts the title.


Timetable for 104 (j) Acquisitions
The following real estate acquisitions activities required by the "Uniform Relocation Assistance and
Real Property Acquisitions Policies Act of 1970" (PL 91-646) normally require the listed durations
to complete. These time frames should be incorporated into any planning schedules for real estate
acquisitions.

                 ACTIVITY                          DURATION
                 TITLE EVIDENCE                     90 DAYS
                 APPRAISAL                         90 DAYS
                 FAIR  MARKET  LETTER                FOLLOWING APPRAISAL
                 NEGOTIATIONS                      60 DAYS
                 CLOSING                           30 DAYS
                 TOTAL ESTIMATED TIME         9-10 MONTHS

The above time frames do not include the duration for condemning a property after all attempts have
been made to settle with the property owner. Condemnation proceedings which will be initiated by
USAGE after receiving approval from EPA, generally  takes an additional 80 days to complete.

Real estate needs  must  be identified early in the  design  phase  of the project  to prevent any
unnecessary delays. The RPM can receive real estate support from USAGE by requesting a Real
Estate Planning Report in the RD/RA IAG.

This guidance covers the most basic type of acquisitions for EPA involving non-contaminated
properties. When contaminated property is needed to carry out the remedial action, then the Region
must contact EPA-HQ directly for further guidance.

For additional information, please contact Ms. Jo Ann Griffith, EPA-HQ, OSWER, OERR, HSCD
at FTS-475-6704 or commercially at (202) 475-6704.

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REAL ESTATE ACQUISITION FLOW CHART
  INITIAL PLANNING
                 REPR
                 • Site background
                 • Acreage needed
                 • Site boundaries
                 • Sketches of properly features
                 - Rough appraisal
                 • Current owner attitudes
                 • Public involvement issues
                 • Potential problems
                       Regional XEnloroimnl (104 IE])
                       Review
                                 Cent*mlrat*d Land
  APPROVAL
      AND
   REQUEST
                Site Acquisition Strategy
                 Acquisition method
                 Criteria lor method selection
                 Lead agency requirements
                 Federal funding availability
                 Acquisition schedule
                 Public involvement
                                   PURCHASE, LEASE
                                    OR DONATION
                                       (104 [Jl)
                HO Review of Acquisition
                  Strategy and REPR
CONDEMNATION
  ACQUISITION


Formal Approval of
Property Acquisition
                                   APPROVAL
               | FMSD Tasked to Acquire
                    FMSD Requests
                   USAGE to Perform
              USAGE Requests Acquisition
              • Legal description of parcel(s)
              • Estimates of parcel(s) cost(s)
              • Rationale for acquisition
              •REPR
                 FMSD ACCEPTS TITLE
                         _L
                   REMEDIALACTION
                     PERFORMED
               FMSD TRANSFERS TITLE TO
                        STATE
                               Summary of REPR
                     • Site Background Information
                     • Acreage Needed
                     • Site Boundaries
                     • Sketches of Property Features
                     • Rough Appraisal on Interest to be
                       Acquired
                     • Current Owner Attitudes on Access/
                       Acquisition
                     • Public Involvement Issues
                     • Potential Problems
         Real Estate Definitions

"Access": a right to enter,'pass to and from, obtain or
    make use of a property interest or parcel of land.

"Acquisition": obtaining an interest in real property by
    means of purchase, donation, transfer, or condemna-
    tion activities.

"Easement": a limited right to use another party's land or
    property interest for a special purpose such as con-
    struction during a remedial action or for purposes of
    exploration (surveys, appraisals, test borings, etc.)
    necessary to the design of a public works project.

"Enforcement Access": the use of SARA 104(e) to gain
    access to a contaminated property.

"Interest": share, right or title in property.

"Short-term interest": a need for involvement at a site
    of duration limited to completion of the Remedial
    Action (RA) phase of site cleanup.

"Long term Interest": an extended (past duration of RA
    construction) limited to completion of the Remedial
    Action (RA) phase of site cleanup.

"Real Estate Planning Report" (REPR):  a research
    report describing a parcel of land including land title,
    ownership, estimated value and acreage prepared
    by USAGE to assist EPA Regions in decisions re-
    garding necessary real estate for Remedial Actions.

"Right of entry": a permittoenterin,on,over,and across
    property or land for a limited period of time.

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