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STATE OF, CALIFORNIA Arnold Schwarzenegger, Governor <br />MILITARY DEPARTMENT <br />OFFICE OF THE ADJUTANT GENERAL <br />9800 Goethe Road — P.O. Box 269101 = °® <br />Sacramento, California 95826-9101 <br />June 6, 2007 <br />Environmental Programs Directorate <br />Certified Unified Program Agency <br />Subject: CUPA Fees <br />To Whom It May Concern: <br />We are in receipt of your invoice for Certified Unified Program Agency fees for the <br />California Army National Guard facility. <br />On guidance from the Department of Defense, certain fees charged by your agency are <br />considered a tax and under federal sovereign immunity; therefore, we cannot pay the tax. The <br />California Environmental Protection Agency is sending you a memorandum explaining this <br />subject and providing you guidance on the fee versus tax issue. <br />The fees in question have been lined through on your invoice and the remaining payment <br />is enclosed with the document. We hope you understand our position on this issue. Point of <br />Contact for this matter is Mr. Scott Hilyard at (916) 361-4337. <br />Sincerely <br />JOHN H. MOORMAN <br />Colonel, US Army (Retired) <br />Director, Environmental Programs <br />California Military Department <br />Enclosure <br />