UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, B.C. 20460
OFFICE OF
SOLID WASTE AND EMERGENCY
RESPONSE
OSWER Directive 9200.1 -35P
Signed November 8, 2000
MEMORANDUM
SUBJECT: Release of Appraisals for Real Property Acquisition
at Superfund Sites
FROM: Timothy Fields, Jr.s/ Timothy Fields, Jr.
Assistant Administrator
TO:
Superfund National Policy Managers, Regions 1-10
Regional Counsels, Region 1-10
Purpose
This memorandum sets forth the policy for releasing property appraisals during Superfund permanent
relocation actions or any other property acquisitions carried out by Superfund.
What is the new EPA policy on the disclosure of appraisals?
The U.S. Environmental Protection Agency (EPA), or those acting on its behalf, will provide a residential
or business property owner, who is being permanently relocated as a result of a Superfund response action or
whose property is being acquired for other reasons by Superfund, with a copy of the appraisal that is used to
establish the value of the property. The rest of this memorandum answers several important questions about this
policy.
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When will this policy be implemented?
This policy is effective immediately.
Why is EPA adopting this new policy?
Many property owners have asked to see the appraisal reports that were used to establish the amount
offered as just compensation for their property. These property owners contended that access to the appraisal is
an important aspect of good faith negotiations with the government. This same perspective has been expressed at
a number of multi-stakeholder meetings EPA has held during the last few years. After
careful consideration of this issue, including consultation with the Department of Transportation (DOT), which
administers the Uniform Relocation Act, the Department of Justice, and Army Corps of Engineers, which manages
permanent relocation actions for EPA, we have decided to implement this disclosure policy for the following
reasons:
• All relevant information should be shared with those whose property is being acquired.
• Disclosure builds confidence in and reduces suspicion of government actions.
• Disclosure helps to demonstrate the fairness of the process.
• Disclosure is consistent with DOT policies and practice.
Are there any exceptions to this policy?
The one exception to this policy is that appraisals will not be released to anyone, without authorization
from the Department of Justice, once a case has been referred to the Department for the filing of a condemnation.
How will this policy be implemented?
EPA officials responsible for conducting Superfund response actions must ensure that property owners are
provided a copy of the appraisal that is used to establish an amount believed to be just compensation for their
property. Usually this will occur when the property owner is given the government's offer letter that is the start of
the acquisition negotiations.
Care should be exercised to prevent the unrestricted release of proprietary or confidential information
which may be contained in some appraisal reports to third parties. Examples of such information may include
financial information related to comparable commercial properties and sales data in "non-disclosure" states.
Solicitations for contract appraisal services should provide notice of the Agency's intent to disclose appraisal
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reports to property owners.
Where can I learn more about the federal real property appraisal and acquisition process?
The Interagency Land Acquisition Conference, established by the Department of Justice, has issued the
Uniform Appraisal Standards for Federal Land Acquisitions which guide the appraisal process for federal land
acquisitions. This document is available on the Internet at http://usdoj.gov/enrd/land-ack. Superfund permanent
relocations are conducted under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended. The regulations implementing this law can be found in Volume 49 of the Code of Federal
Regulations, Part 24. It is also available on the Internet at: http://www.fhwa.dot.gov/realestate/49cfr.htm
Where can I learn more about EPA's Interim Policy on the Use of Permanent Relocations as Part of the
Superfund Remedial Actions?
The policy on when to consider permanent relocation of residents and businesses located on or near
Superfund sites as part of a remedial action can be found in OSWER Directive 9355.0-71P, dated June 30, 1999.
This document is available at the following web site:
http://www.epa.gov/oerrDage/superfund/tools/topics/relocation
Who should I contact if I have questions about this policy?
If you have any questions about this policy or its implementation, you can contact Joan Fisk, 703-603-
8791, fisk.joan@,epa.gov. or Bruce Engelbert, 703-603-8711, engelbert.bruce@,epa.gov.
cc: Bill Brasse, U.S. Army Corps of Engineers
Linda Garvin, U.S. Army Corps of Engineers
Steve Luftig, OSWER
Larry Reed, OERR
Joanna Gibson, OERR
OERRCDs/PMs
Liz Cotsworth, OSW
Matt Hale, OSW
Jim Woolford, FFRRO
Jeff Josephson, Region 2
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