The Superfund Amendments and Reauthorization Act (SARA) of 1986 (10 USC 2701(d)) authorizes the federal government to obtain the assistance of States and local governments in executing the environmental cleanup of Department of Defense (DoD) installations. The working relationship between the State of Nevada and DoD is documented in a Department of Defense and State Memorandum of Agreement (DSMOA). To obtain financial reimbursement for its services in support of the federal cleanup at DoD installations (as outlined by the DSMOA), the State of Nevada must apply for a Cooperative Agreement (CA). Only those States that have a signed DSMOA are eligible to apply for a CA under the DSMOA program.
The DSMOA is an overarching agreement between the DoD and the State of Nevada that provides a framework for working together through the Defense Environmental Restoration Program (DERP) at active bases or the Base Realignment and Closure Program (BRAC) at closing bases to achieve environmental restoration of contaminated sites. DERP includes the Installation Restoration Program (IRP), Military Munitions Response Program (MMRP), and the Formally Used Defense Sites (FUDS) Program.
The CA is the funding mechanism by which the State of Nevada receives federal reimbursement for eligible services at DoD facilities in support of ER. It consists of two parts: the CA application by the State of Nevada and the CA approval letter from Headquarters, U.S Army Corps of Engineers (USACE).
Only restoration-funded sites are eligible for DSMOA. Installations eligible for inclusion in the DSMOA program include those undergoing or planning environmental restoration funded through the DERP (IRP, MMRP, FUDS) or BRAC. Eligible installations are included as Attachment A of each State's DSMOA/CA. Eligible sites include historic contamination at active DoD installations, closing DoD bases, sites under the Defense Logistics Agency (DLA), Defense Energy Support Center, and Defense Special Weapons Agency, Military Munitions Response Program (MMRP) sites, and sites defined in the Formerly Used Defense Sites (FUDS) program.