|From:||Lenny Siegel <email@example.com>|
|Date:||Tue, 19 Sep 1995 12:28:23 -0700 (PDT)|
|Subject:||DSMOA CUT - THE LIKELY IMPACT|
DSMOA PROPOSAL'S LIKELY IMPACT As we have reported before, the Senate version of the Fiscal Year 1996 Defense Authorization Bill would severely cut the Defense State Memorandum of Agreement (DSMOA) program, through which the Defense Department reimburses state environmental regulatory agencies for their oversight expenses. The Senate has proposed to drop DSMOA funding from $21 million to $5 million, and more important, it has passed language limiting such expenditures to payments for scientific and technical services. As House-Senate conferees consider this language, the Army Corps of Engineers has analyzed how it thinks the language will affect the DSMOA program. The Corps is responsible for administering the DSMOA for all Defense components. In its analysis, which must be considered preliminary, the Corps has adopted a broad definition of scientific and technical services, which it estimates would allow for 85% of DSMOA funding to continue - if Congress provides adequate funds. In essence, any service that requires the work of scientific or technical personnel would be considered eligible for reimbursement. Other key services, such as legal review or the facilitation of public participation, would not qualify. As I see it, under the Corps interpretation, the States and Territories could use DSMOA funds to figure out what they want the military to do, they but could not use that money to ensure that the responsible party (the armed service) listens. Specifically, the Corps has analyzed the eleven services specified in the June 29, 1992 Model DSMOA. 1. "Technical review, comments and recommendations on documents or data..." Would continue to be reimbursable. 2. "Identification and explanation of State/Territorial applicable or relevant and appropriate requirements (ARARs) related to response actions at DOD installations." Would continue to be reimbursable. 3. "Site visits to review DOD response actions and ensure their consistency" with requirements. Would continue to be reimbursable. 4. "Participation in cooperation with DOD in the conduct of public education and public participation activities ...." Would be reimbursable only when the activity requires an individual with technical or scientific expertise. Most facilitation of public involvement would NOT be reimbursable. 5. "Services required at the request of DOD in connection with participation in Technical Review Committees." Would continue to be reimbursable. 6. "Preparation and administration of a cooperative agreement (CA) to implement" the DSMOA. Only preparation of the application for the cooperative agreement would continue to be reimbursable. 7. "Preparation and administration of the DSMOA amendments." Only technical activities would continue to be reimbursable. 8. "Technical review, comments, and recommendations on all documents and data pursuant to section II.B of the DSMOA and CA application." This, like the similar service #1, would continue to be reimbursable. 9. "Determination of scope of agreements, determination of all legal and technical applicability or agreements, and assurance of satisfactory performance of interagency agreements, but excluding any costs which may be incurred preparing for litigation against the U.S. government." Would be reimbursable only when the activity requires an individual with technical or scientific expertise. 10. Costs associated with independent quality assurance/quality control (QA/QC) efforts ..." Would continue to be reimbursable. 11. "Other activities." Eligibility would be determined on an activity- specific basis.
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