Sunflower "FOSET" Released

[Lenny Siegel <lsiegel@cpeo.org>]

SUNFLOWER "FOSET" RELEASED

According to the Olathe, Kansas, Daily News, the U.S. Army has released
a
Finding of Suitability for Early Transfer (FOSET) for the now closed
Sunflower Army Ammunition Plant, located near Kansas City in Johnson
County, Kansas. The Army and General Services Administration propose to
transfer the heavily contaminated nine thousand-acre property to the
state of Kansas, which in turn will transfer it to private developers
for cleanup and redevelopment as a theme park.

"The Army sent public notice of the finding to area newspapers,
including
the Daily News, for publication. After the notice's publication, the
public
will have 30 days to comment on the FOSET. Gov. Bill Graves must
ultimately approve the finding if the transfer is to take place."

According the newspaper, agreement has not yet been reached on three
necessary related contracts. They are:

"* An agreement between the state and federal government of the terms
under
which Sunflower will be transferred. 

* Consent agreement between Oz Entertainment and the Kansas Department
of
Health and Environment spelling out how and when Sunflower is cleaned
up. 

* Agreement with Oz Entertainment and the Army defining the Army's
continuing remediation efforts at the plant."

In April, 1998, the Defense Department issued a guidance defining the
procedures for such early transfer of military properties. The Army, as
responsible party at Sunflower, is required to submit a brief Finding of
Suitability for Early Transfer, along with supporting documents. The
FOSET should demonstrate that the conditions in the 1997 law creating
the Early Transfer process are all met. The Army must ensure that the
transferee - the state of Kansas or private parties to which it in turn
passes responsibility - have "the financial and technical capabilities
for performing the required remedial actions." It should also "require
the transferee to provide a surety bond, insurance, or other financial
instrument to ensure that cleanup will be completed, without cost to the
United States, if the transferee fails to do so."

I don't see how the public can be expected to comment on the FOSET
without completion and public disclosure of all supporting contracts and
document. How can the public, as taxpayers or potential receptors of
Sunflower's toxic contamination, be expected to judge the suitability of
the transfer without the documents that are supposed to show that the
transferee has the financial and technical capacity to conduct cleanup,
as required by the Early Transfer statute? Without such documents, the
30-day clock should not start ticking. 



-- 


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
lsiegel@cpeo.org
http://www.cpeo.org