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Model Land Use Control Memorandum of Agreement (LUCMOA)

A Land Use Control Memorandum of Agreement between one or more agencies of the federal government and the Illinois EPA is an institutional control that may be used to impose land use limitations or restrictions related to environmental contamination on federally-owned property.

Each LUCMOA, at a minimum, must require that the federal land-holding entities responsible for the federally owned property must: provide adequate identification of the location on the federally-owned property of each site with land use limitations or requirements; implement periodic site inspection procedures to ensure adequate oversight by the federal landholding entities of such land use limitation or requirement; implement procedures for the federal landholding entities to periodically advise the Illinois EPA of continued compliance with the maintenance of the land use control and site inspection requirements; implement procedures for the federal landholding entities to notify the Illinois EPA of any planned or emergency changes in land use that may adversely impact any land use limitations; and notify the agency at least 60 days in advance of a conveyance by deed or title by the federal landholding entities of a site with land use limitations or requirements to any entity that is not a federal landholding entity.

Any LUCMOA entered into pursuant to this section remains effective only so long as title to the property is retained by the United States.