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The primary purpose of a Finding of Suitability to Transfer (FOST) is to document that the property is environmentally suitable for transfer by deed under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Department of Defense (DoD) FOST Guidance. The FOST process was developed to meet the statutory and regulatory requirements associated with transferring federal real estate. A FOST must demonstrate that either the property is uncontaminated or that all necessary remediation has been completed or is in place and operating properly and successfully. These demonstrations are necessary to support the deed covenant required by CERCLA Section 120(h) that all remedial action necessary to protect human health and the environment has been taken. In addition, under CERCLA Section 120(h)(3)(A), a deed to transfer property by the United States must contain (1) notice of the type and quantity of hazardous substances, (2) notice of the time at which such hazardous substance, storage, release, or disposal took place, and (3) a description of any remediation action taken.
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