DSMOA CUT - THE LIKELY IMPACT

[Lenny Siegel <lsiegel@igc.org>]

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.