United States
Department of
Agriculture
File Code:
Route To:
Subject:
To:
Forest
Service
5400/7300
14th & Independence SW
P.O. Box 96090
Washington, DC 20090-6090
Washington Office
Date: March 2, 2004
Sale or Exchange of Buildings with Lead Based Paint
Regional Foresters, Station Directors, Area Director, IITF Director, Job Corps, and
WO Staff
The Forest Service building inventory contains thousands of buildings that are not needed to
meet public service or mission requirements. Many of these buildings are of advanced age and
contain lead based paint on their interior, exterior, or both. To implement off-site sale, exchange,
sale through pilot conveyance authority, or other authority, the following procedures should be
followed to protect public health and the environment.
1) Contracts and agreements for the sale or exchange of buildings containing interior or exterior
lead based paint should include a provision by which the purchaser or recipient of the property
agrees to indemnify, release, and hold harmless the United States from and against any liability,
damages, claims, costs, or performance of response or restoration action related to lead based
paint associated with the property.
2) For residential housing, comply with the Residential Lead Based Paint Hazard Reduction Act.
The implementing regulations are found in Title 24 of the Code of Federal Regulations, Part 35.
A summary of the regulatory requirements is available at:
http://fsweb.mtdc.wo.fs.fed.us/toolbox/haz/documents/lbpnt.htm.
3) Comply with state requirements for addressing lead based paint on the interior of nonresidential housing and the exterior of all buildings. Consult with state representatives if the
requirements are unclear. Document that state requirements have been followed by writing a
letter to the file.
4) Document that the hazardous material screening of the property included an assessment of the
hazards posed by exterior and interior lead based paint and any actions to abate the hazard. For
example, if lead based paint has chipped from the exterior of the building and fallen upon the
ground, document that the paint has been removed and disposed of per regulatory requirements.
The Forest Service must aggressively divest itself of buildings not needed for public service or
mission requirements. Eliminating these buildings will focus limited resources and staff upon
maintenance of mission critical facilities.
Caring for the Land and Serving People
Printed on Recycled Paper
Regional Foresters, Station Directors, Area Director, IITF Director, Job Corps,and WO Staff 2
For questions please contact Bill Hamele (WO Engineering) at 703-605-4522 or via email at
whamele/wo/usdafs@fsnotes or Cindy Swanson (WO Lands) at 202-205-2818 or via email at
crswanson/wo/usdafs@fsnotes.
/s/ Sam Morigeau (for)
E. VAUGHN STOKES
Director of Engineering
cc: Nelson Hernandez, Cindy R Swanson