Property Transfer Documents

ENVIRONMENTAL BASELINE SURVEY DOCUMENTS

An Environmental Baseline Survey (EBS) presents the results of an assessment of the known existing environmental conditions for a portion of former Fort Ord. The purpose of the EBS is to support transfer of real property by deed or by lease by identifying available information about existing environmental conditions on a parcel and adjacent areas. A Finding of Suitability to Transfer, which documents the environmental suitability of a parcel for transfer on the basis of specified cirteria, may be prepared on the basis of the information in the EBS.

FINDING OF SUITABILITY TO TRANSFER (FOST) DOCUMENTS

The primary purpose of a Finding of Suitability to Transfer (FOST) is to document that the property is environmentally suitable for transfer by deed under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Department of Defense (DoD) FOST Guidance. The FOST process was developed to meet the statutory and regulatory requirements associated with transferring federal real estate. A FOST must demonstrate that either the property is uncontaminated or that all necessary remediation has been completed or is in place and operating properly and successfully. These demonstrations are necessary to support the deed covenant required by CERCLA Section 120(h) that all remedial action necessary to protect human health and the environment has been taken. In addition, under CERCLA Section 120(h)(3)(A), a deed to transfer property by the United States must contain (1) notice of the type and quantity of hazardous substances, (2) notice of the time at which such hazardous substance, storage, release, or disposal took place, and (3) a description of any remediation action taken.

FOST 7

FOST 6

FOST 8

FOST 9

FOST 10

FOST 11

FOST 12

FINDING OF SUITABILITY FOR EARLY TRANSFER (FOSET) DOCUMENTS

A September 1996 amendment to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) allows federal agencies to transfer property before all necessary cleanup actions have been taken. This provision, CERCLA Section 120(h)(3)(C), authorizes the deferral of the CERCLA covenant requiring all remedial actions to be completed before Federal property is transferred when the findings required by the statute are given. The Governor of the state where the property is located must concur with the deferral request for property not listed on the National Priorities List (NPL). For NPL property, the deferral must be provided by the Environmental Protection Agency with the concurrence of the Governor.