U.S. Department of the Interior

**OFFICE OF THE SECRETARY**

**LAND TRANSACTION WORKING GROUP**

**[Procedures for Acquiring Property Under the 2005]{.underline}**

**[Base Realignment and Closure Act]{.underline}**

**I. PURPOSE**

The Department of the Interior (DOI) intends to ensure that, prior to
acquiring real property from the Department of Defense (DoD) under the
2005 Base Realignment and Closure Act (BRAC) it makes a careful
determination that such acquisition is consistent with the Department's
mission and goals for land and resource management. DoD is preparing to
recommend a list of its property for the 2005 round of military base
closures and realignment under BRAC, which may provide DOI the
opportunity to acquire real property. As potential recipients of
military property under BRAC, DOI will take steps to ensure that any
requests for BRAC property are consistent with the goals of its Bureaus
and Offices and fit within anticipated budgets. Consistent with this
guidance, DOI will identify BRAC properties which, if acquired by DOI,
will further its mission and maximize its land and resource management
capabilities. Bureaus and Offices must provide, in writing, a supporting
rationale and must fully justify any proposal to acquire BRAC property.
The proposed acquisition must be reviewed and approved by Heads of
Bureaus or Offices; Programmatic Assistant Secretaries; and the Land
Transaction Working Group prior to any negotiations with DoD. This
document provides policy and guidance that Bureaus and Offices must
follow in requesting BRAC property.

**II. BACKGROUND**

Title XXX of Public Law 107-107 directs the President to develop
recommendations for BRAC. This statute mandates a process and
establishes a schedule for recommendations to be submitted to Congress
and the BRAC Commission for approval. The Secretary of Defense will send
recommendations for military base closures and realignments to Congress
and the BRAC Commission not later than May 16, 2005. The DoD BRAC
disposal process follows the General Services Administration excess or
surplus property process, as detailed in 41 Code of Federal Regulations
(CFR) Part 101-47.1-101-47.4914.

One important lesson learned from BRAC transfers completed to date is
the need for senior management review of potential acquisitions prior to
requesting the property from DOD. On occasion, DOI has accepted DoD
property without first having conducted a careful review of the costs
and benefits of the acquisition. As a result, DOI has assumed
significant and unanticipated liabilities associated with those
properties.

**III. OVERVIEW OF THE 2005 BRAC PROCESS**

The Secretary of Defense has published the list of the military
installations recommended for closure or realignment. That list is
attached. The 2005 BRAC process is a multi-step process and a timeline
of the process may be found at:
http://www.defenselink.mil/brac/docs/time05.pdf

**IV. DEPARTMENTAL POLICY**

A. No request for acquisition of a BRAC property by DOI will be made to
DoD until approval has been given by: Heads of Bureaus or Offices;
Programmatic Assistant Secretaries; and the Land Transaction Working
Group.

[B. The DOI Land Transaction Working Group and the DOI BRAC Working
Group]{.underline}

The DOI Land Transaction Working Group chaired by the Assistant
Secretary - Policy, Management and Budget and composed of the
programmatic Assistant Secretaries and Heads of Bureaus and Offices of
land-managing bureaus will provide executive-level guidance and have
ultimate approval authority on all DOI requests to acquire BRAC
property. The DOI Land Transaction Working Group will be supported by
the DOI BRAC Working Group, composed of staff-level personnel from
affected Bureaus and Offices and chaired by the Office of Environmental
Policy and Compliance (see attached list). The DOI BRAC Working Group
will provide technical support and assistance on proposed transfers and
develop additional guidance as needed.

[C. Applicability]{.underline}

The DOI proposes a two-part screening process for potential acquisitions
under BRAC.

First, any acquisition contemplated by DOI must be both consistent with
and critical to accomplishment of the mission and goals of the relevant
Bureaus and Offices and DOI. For this reason, a rigorous screening
process will be applied to assure that prospective acquisitions are
justified through clear linkages to such missions and goals.

Second, 40 CFR part 312 requires the completion of pre-acquisition
environmental site assessments to protect DOI from certain liabilities
under the Comprehensive Environmental Response, Compensation and
Liability Act. Additionally, Departmental Manual Chapter, 602 DM 2, Real
Property Pre-Acquisition Environmental Site Assessments, states that
Departmental policy is to minimize DOI liability by not voluntarily
accepting contaminated property until investigation and cleanup has been
completed. Furthermore, as stated in the memorandum of May 9, 2003, from
the Assistant Secretary -- Policy, Management and Budget to the Army
Deputy Assistant Secretary -- Installations and Housing, DOI's
acceptance of real property prior to cleanup is not standard procedure;
it is the exception. In general, transfer of lands will not be accepted
until environmental remediation of the lands has been completed. Only
when the acceptance of real property is unambiguously in the best
interests of DOI and its mission will DOI consider the possibility of
transfer of property prior to the completion of environmental
remediation. The DOI will also take into account the potential short and
long term management implications, including costs, of acquiring the
subject property.

[D. Exemptions]{.underline}

This policy guidance does not apply to public benefit conveyances
administered by the National Park Service Federal Lands to Parks Program
that are governed by the existing Memorandum of Understanding (April 9,
1997) between DoD and the Departments of Education, Health and Human
Services, Interior, and Transportation.

Although these procedures are applicable to BRAC property acquisitions
sought by the Bureau of Indian Affairs (BIA) for its own use, they do
not address BRAC property sought by DOI/BIA on behalf of requesting
Tribes. Issues applicable to trust property for Tribes will be addressed
in a subsequent policy guidance document.

DoD's BRAC disposal authority does not apply to withdrawn and reserved
public lands which may be part of an installation. These are DOI lands
on loan to the military. If (1) DOI determines the lands are not
suitable to return to DOI for disposition under the public land laws and
(2) the General Services Administration agrees with DOI's determination,
the lands become "real property" and DoD's BRAC disposal authority
becomes applicable. Withdrawn and reserved public lands will be governed
under the public land laws (43 CFR § 2372.3).

**V. PROCEDURES**

DOI will provide a coordinated response to DoD on initial expression of
interests for acquisition of BRAC property. By August 15, 2005, Bureaus
and Offices must provide, to the extent available, the following
information in the form of concise summaries, to the Head of the Bureau
or Office for both real property and withdrawn public lands. (To the
extent that information is not available, Bureaus and Offices should so
state and indicate, if possible, when such information is likely to
become available).

A. [Acquisition justification]{.underline}

Expressions of acquisition interest must set forth the specific reasons
why acquisition of this property is critical to the accomplishment of
the Bureau or Office mission and to DOI mission areas and outcome goals
(as outlined in the DOI Strategic Plan) and other pertinent statements
of policy, as applicable, taking into account that such acquisition
represents a long term commitment to manage the subject property. This
justification must be compelling; otherwise, the property should not
receive further consideration by the Bureau/Office Head or programmatic
Assistant Secretary. For those properties that are forwarded for its
consideration, the DOI Land Transaction Working Group will first
consider this justification, and it may elect to eliminate a given
property from further consideration.

B. [Acquisition analysis]{.underline}

1.  Proposed uses of the BRAC property, including any existing
    infrastructure (e.g., buildings).

2.  The estimated condition of the BRAC property, including any known
    contamination or activities that might have contaminated the
    property, as well as any associated facilities thereon (e.g., roads,
    buildings, training facilities, etc.). Also, any potential
    occupational health and safety concerns (e.g., unexploded ordnance)
    and any potentially associated with future use or demolition (i.e.,
    lead-based paint, asbestos).

3.  Best early estimate of the costs related with environmental cleanup
    and restoration, waste management, and environmental compliance
    activities, including operation and maintenance of long-term
    remedies and liabilities and any arrangements for payment for
    sharing of costs. Also, the best early estimate of the timeframe for
    cleanup.

4.  Any potential cost-sharing arrangements between DOI and DoD.

5.  Any other potential liabilities arising from conditions on the BRAC
    property.

6.  Best early estimate of the annual costs (short and long-term) of
    operations and maintenance, including demolition, after the real
    property is acquired. Also, any estimates of materials and staffing
    costs.

7.  The need, if any, to acquire additional adjacent land beyond the
    BRAC property in order to meet the intended goals of the
    acquisition.

8.  Potential restrictions or impediments to use of the property during
    and after clean up. For example, these can include land use
    controls, mineral rights, covenants, leases, easements,
    rights-of-way, water rights, and in-holdings

9.  The potential for cooperative management or partnership arrangements
    with other Federal agencies, non-federal agencies, or other parties,
    if applicable, and their potential management and cost implications.

10. The potential budgetary implications on current and future mission
    capabilities of Bureau or Office operations including any other cost
    issues associated with Bureau or Office management of the BRAC
    property.

11. The potential benefits of acquisition on local communities (e.g.,
    recreation, tourism, watershed protection, etc.).

12. If early transfer is proposed, the justification for such transfer.

B. [Senior Level Management Endorsement]{.underline}

After final approval of the BRAC list by Congress and the President, DOI
will provide a coordinated response to DoD identifying requests for BRAC
property. Any request on behalf of a Bureau or Office to acquire DoD
property must, to the extent that it is available, include the
information in A and B above and be submitted to and be endorsed in
writing by the appropriate Bureau or Office Head and the programmatic
Assistant Secretary. Finally, approval of the Land Transaction Working
Group must be obtained prior to initiating formal negotiations with DoD
for BRAC property. Only when such an endorsement has been obtained can
the Bureau or Office initiate formal negotiations with DoD.

**VI. SUBSEQUENT ACTIONS**

Following notification to DoD of a request for BRAC property, DOI and
DoD will initiate negotiations for transfer of the property. This
negotiations process will include, with the participation of the Office
of the Solicitor, development of a site-specific Memorandum of Agreement
addressing requirements and assigning responsibilities for transfer of
the property. During the transfer process, Bureau and Office Heads will
be responsible for ensuring that Bureau and Office personnel work with
DoD to ensure that all environmental requirements are met as well as
other transfer-related activities.

Where possible, and when consistent with its mission, DOI will assist
DoD in transferring BRAC property to a nongovernmental conservation
entity.

The DOI BRAC Working Group will meet periodically to review progress on
transfers of BRAC property to the Department and resolve bottlenecks by
working with DoD and the DOI Land Transaction Working Group.

[Earliest Timeline for DOI Interests in BRAC Property]{.underline}

May 16 Publication in the [Federal]{.underline} [Register]{.underline}
of a list of military installations that the Secretary of Defense
recommends for closure and realignment.

August 15 Bureaus identify potential BRAC properties of interest and
gather information for the acquisition justification and analysis.

September 1 Bureaus review and finalize acquisition justification and
analysis ("A" and "B").

*September 8 BRAC Commission transmits report to the President on its
review of the Secretary of Defense recommendations of base closures and
realignment.*

September 15 Bureaus forward the acquisition justification and analysis
("A" and "B") and request for senior level endorsement of identified
potential BRAC properties of interest to the Head of the Bureau/Office.

*September 23 [President approves or disapproves Commission
recommendations]{.underline}.* \[The earliest date by which the BRAC
list could possibly be finalized. However, Congress has 45 legislative
days to vote acceptance or rejection of the recommendations as a whole.
If Congress fails to act, the recommendations become law (i.e., closure
decisions are final) after the expiration of the 45 day period\].

September 30 *Earliest date for military departments to issue an
official notice of availability.*

October 1 \*The Head of the Bureau/Office will forward potential
properties of interest to the respective programmatic Assistant
Secretary.

October 5 \*Programmatic Assistant Secretaries forward their approved
BRAC property

to the DOI Land Transaction Working Group.

October 15 \*DOI Land Transaction Working Group approves or disapproves
potential BRAC property acquisition.

October 25 \*Assistant Secretary-PMB forwards letter to DoD
Undersecretary of Defense (Installations and Environment) of DOI
expression of interest for BRAC property.

*October 20 If the President disapproves, the BRAC Commission must
submit a revised list by this date.*

*November 7 President's approval or disapproval of BRAC Commission's
revised recommendations.*

November 25 \*DOI must submit application (GSA Form 1334) to DoD for
BRAC property transfers.

Ongoing OEPC, with the assistance from the DOI BRAC Working Group tracks
the transfer process and helps resolve any bottlenecks. The DOI BRAC
Working Group will report quarterly to the DOI Land Transaction Working
Group on progress of transfer.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

*\*Note: This timeline is dependent upon the [final]{.underline} BRAC
list approved by the President and Congress and reflects the earliest
date for DOI to approach DoD about BRAC property. If any of these times
slip, DOI would have more time to provide its response.*

**U.S. Department of the Interior**

**Department Base Realignment and Closure Working Group - Bureau and
Office Contacts**

+-------------+-------------+----------+--------------+----------------+
| **Bure      | **Represen  | **Tel    | **Fax**      | **E-mail**     |
| au/Office** | tative(s)** | ephone** |              |                |
+=============+=============+==========+==============+================+
| Office of   | Willie      | 202-     | 202-208-6970 | willie_tayl    |
| En          | Taylor      | 208-3891 |              | or@ios.doi.gov |
| vironmental |             |          | 202-208-6032 |                |
| Policy and  | Jim Ortiz   | 202-     |              | james_ort      |
| Compliance  |             | 208-7553 | 202-501-6944 | iz@ios.doi.gov |
|             | Ruth Lodder |          |              |                |
|             |             | 202-     |              | ruth_lodd      |
|             |             | 208-3302 |              | er@ios.doi.gov |
+-------------+-------------+----------+--------------+----------------+
| Office of   | Larry       | 202-     | 202-208-4867 | Larry_finf     |
| Policy      | Finfer      | 208-1452 |              | er@ios.doi.gov |
| Analysis    |             |          |              |                |
+-------------+-------------+----------+--------------+----------------+
| Bureau of   | Arch Wells  | 202-     | 202-219-1065 | Use fax number |
| Indian      |             | 208-5831 |              |                |
| Affairs     | Barbara     |          | same as      |                |
|             | Davis       | 202-     | above        |                |
|             |             | 208-5473 |              |                |
|             | Pearl       |          | same as      |                |
|             | Chanar      | 202-     | above        |                |
|             |             | 208-6410 |              |                |
|             | Ben Burshia |          | same as      |                |
|             |             | 202-     | above        |                |
|             |             | 219-1195 |              |                |
+-------------+-------------+----------+--------------+----------------+
| Bureau of   | Dwight      | 202-     | 202-452-7708 | dwight_        |
| Land        | Hempel      | 452-7778 |              | hempel@blm.gov |
| Management  |             |          | same as      |                |
|             | Celeste     | 202-     | above        | celeste_mi     |
|             | Mitchell    | 452-7737 |              | tchell@blm.gov |
|             |             |          | 202-452-5046 |                |
|             | Miyoshi     | 202-     |              | mstith@blm.gov |
|             | Stith       | 557-3578 |              |                |
+-------------+-------------+----------+--------------+----------------+
| Fish and    | Craig Moore | 703-     | 703-358-1800 | craig_r        |
| Wildlife    |             | 358-1865 |              | _moore@fws.gov |
| Service     | Terry       |          | 303-969-5444 |                |
|             | Clayton     | 303-     |              | terry_c        |
|             |             | 984-6867 | 703-358-2223 | layton@fws.gov |
|             | Brenda      |          |              |                |
|             | Joh         | 703-     | 703-358-1929 | b              |
|             | nson-Turner | 358-2363 |              | renda_johnson- |
|             |             |          | 732-321-6605 | turner@fws.gov |
|             | Linda Lyon  | 703-     |              |                |
|             |             | 358-2351 | 7            | lind           |
|             | Mark Huston |          | 03-358-1869- | a_lyon@fws.gov |
|             |             | 732-     |              |                |
|             | Laura Henze | 321-6609 | 703-358-1800 | mark_          |
|             |             |          |              | huston@fws.gov |
|             | Roxanna     | 703-     | 703-358-2227 |                |
|             | Hinzman     | 358-2398 |              | laura          |
|             |             |          |              | _henze@fws.gov |
|             | Marilyn     | 703-     |              |                |
|             | Brower      | 358-1859 |              | roxanna_h      |
|             |             |          |              | inzman@fws.gov |
|             |             | 703-     |              |                |
|             |             | 358-1924 |              | marilyn_       |
|             |             |          |              | brower@fws.gov |
+-------------+-------------+----------+--------------+----------------+
| Military    | CDR Sharon  | 202-     | 202-208-6970 | sharon_o       |
| Liaison     | Oby         | 208-7211 |              | by@ios.doi.gov |
+-------------+-------------+----------+--------------+----------------+
| National    | Carl Wang   | 202-     | 202-371-6675 | car            |
| Park        |             | 513-7033 |              | l_wang@nps.gov |
| Service     | Howard      |          | 202-371-1454 |                |
| (NPS)       | Miller      | 202-     |              | howard_        |
|             |             | 354-6952 | 303-417-1343 | miller@nps.gov |
|             | Shawn       |          |              |                |
|             | Mulligan    | 303-     | 202-371-5179 | shawn_mu       |
|             |             | 415-9014 |              | lligan@nps.gov |
|             | Wendy       |          | 970-484-6432 |                |
|             | Ormont      | 202-     |              | wendy_         |
|             |             | 354-6915 |              | ormont@nps.gov |
|             | Gene Repoff |          |              |                |
|             |             | 970-     |              | gene_          |
|             |             | 484-6424 |              | repoff@nps.gov |
+-------------+-------------+----------+--------------+----------------+
| Office of   | John        | 202-     | 202-219-1792 | Use fax        |
| the         | Seymour     | 219-3383 |              | numbers        |
| Solicitor   |             |          | 202-219-1791 |                |
|             | Tom Bartman | 202-     |              |                |
|             |             | 208-5000 | 202-208-3877 |                |
|             | Shelly Hall |          |              |                |
|             |             | 202-     |              |                |
|             |             | 208-6658 |              |                |
+-------------+-------------+----------+--------------+----------------+
| U.S.        | Emitt Witt  | 573-     | 573-308-3645 | e              |
| Geological  |             | 308-3679 |              | cwitt@usgs.gov |
| Survey      | Jeff de     |          | 614-430-7777 |                |
|             | Roche       | 614-     |              | jde            |
|             |             | 430-7709 |              | roche@usgs.gov |
+-------------+-------------+----------+--------------+----------------+