The official Guidance for Developing and Implementing Institutional Controls for Long-Term Surveillance and Maintenance at DOE Legacy Management Sites, was issued in January as a supplemental directive within the U.S. Department of Energy (DOE) Office of Legacy Management (LM), to reinforce our commitment to using institutional controls (IC) effectively for protection of human health and the environment.

ICs are tools for informing present and future stakeholders of potential hazards and risks at LM sites. LM currently manages more than 900 ICs that play an essential part in fulfilling DOE’s post-closure responsibilities for legacy sites. ICs are required by regulatory agencies and DOE, but not always the same ones at the same time.



LM manages a variety of ICs

  • Administrative controls (roughly 300)
    • Range from deed notices to groundwater restrictive easements
  • Informational controls
    • Visitors centers
    • Public notices
    • Fliers and other publications
  • Physical controls
    • Signs
    • Permanent landmarks
    • Fences

LM ICs are managed under different regulatory frameworks

  • Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
  • Uranium Mill Tailings Radiation Control Act (UMTRCA)


Each framework carries its own definition of ICs. In addition, DOE Policy 454.1, Use of Institutional Controls, has its own expansive definition of ICs for enhancing protective measures at DOE sites. Site managers work diligently to ensure compliance with regulator- and DOE-mandated ICs.

The new LM guidance document establishes a framework for consistent implementation of all LM ICs, so they align with DOE IC policy. It also establishes a unified approach to manage, monitor, and enforce IC restrictions by following a “plan-do-check-act” strategy to ensure that ICs at LM sites are frequently evaluated for their effectiveness. An IC tracking system is also being developed to serve as a repository for all legacy site ICs. The tracking system will be spatially enabled in LM’s Geospatial Environmental Management System.

LM collaborated with cross- and intra-organizational input to develop the guidance document and perform a comprehensive review. Stakeholders—including local, regional, tribal, and federal agencies; property owners; and members of the public—are key to helping LM establish and enforce ICs.

The IC guidance can be accessed through the LM website at /lm/downloads/guidance-developing-and-implementing-institutional-controls.