|From:||Lenny Siegel <email@example.com>|
|Date:||Mon, 29 Nov 1999 11:16:08 -0800 (PST)|
|Subject:||[CPEO-MEF] Re-Post: DOD 8149 memo|
[This version of the DOD memo on Section 8149 should be easier to read than the one I sent out as I was shutting down for the long week-end. - LS] November 23 ,1999 MEMORANDUM FOR DEPUTY ASSISTANT SECRETARY OF THE ARMY (ENVIRONMENT, SAFETY & OCCUPATIONAL HEALTH) DEPUTY ASSISTANT SECRETARY OF THE NAVY (ENVIRONMENT & SAFETY) DEPUTY ASSISTANT SECRETARY OF THE AIR FORCE (ENVIRONMENT, SAFETY & OCCUPATIONAL HEALTH) DIRECTOR, DEFENSE LOGISTICS AGENCY, DLA-CAAE SUBJECT: Implementation of Section 8149 of the FY 2000 Defense Appropriations Act The Defense Appropriations Act includes a provision that requires the Department to request and receive statutory authorization before use of FY2000 funds to pay for fines and penalties, including Supplemental Environmental Projects (SEPs) (attachment 1). The President has directed the Department to seek this authorization (attachment 2). This provision does not change the Department's requirement to comply with environmental statutes and regulations. Implementation of this provision will be as follows: · If an installation receives a proposed fine or penalty, they must negotiate with the regulator in good faith in an attempt to reach an administrative settlement. · Final administrative agreements shall include a clause stating that the installation cannot pay the final fine or penalty nor execute a SEP with FY2000 funds unless specifically approved by Congress. · DoD Components shall submit legislative proposals to this office within two weeks of final agreement between the installation and the regulator quantifying the fine, penalty, or SEP. · This office will consolidate the submittals and present them to Congress according to Department policy on such proposals. The provision does not prohibit nor inhibit negotiations with regulators, nor does it eliminate the Department's liability for fines and penalties. The provision only adds a step between settlement and payment -- Congressional authorization -- and we are committed to requesting Congressional authorization as quickly and efficiently as possible. Furthermore, we remain committed to achieving administrative settlement of proposed fines and penalties whenever possible. If your staff has questions about this policy, my point of contact is Ms. Maureen Sullivan, 604-0519. /S/ Gary D. Vest Acting Deputy Under Secretary of Defense (Environmental Security) -- Lenny Siegel Director, Center for Public Environmental Oversight c/o PSC, 222B View St., Mountain View, CA 94041 Voice: 650/961-8918 or 650/969-1545 Fax: 650/968-1126 firstname.lastname@example.org http://www.cpeo.org You can find archived listserve messages on the CPEO website at http://www.cpeo.org/lists/index.html. If this email has been forwarded to you and you'd like to subscribe, please send a message to: email@example.com _____________________________________________________________ What's hot at Topica? Sign up for our "Best New Lists" newsletter and find out! http://www.topica.com/t/8
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