[CPEO-MEF] DOD 8129 Implementation Memo

[Lenny Siegel <lsiegel@cpeo.org>]

[The Defense Department Environmental Security Office has just issued a
memo (below) explaining to the Defense components how to implement
Section 8149 of the fiscal year 2000 Defense Appropriations Act.
According to the memo, DOD will routinely seek funds to pay the
environmental fines covered by the legislation. - 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 

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


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