6

Maintenance, Utilities,

and Services

- What is DoD’s philosophy and goal for maintenance,

utilities, and services at BRAC insta//ations? Section 6.1

+ What is the general practice used to determine

initia/ maintenance levels? Section 6.1

N How and when are maintenance levels determined? Section 6.2

=- Who k responsible for determining maintenance levels

and how will the LRA be involved? Section 6.2

* Who provides protection and maintenance during the

various phases of base closure and disposal? Section 6.3

% /s there guidance for equipment and personal propefiy maintenance? Section 6.4

= Fiow will utility systems be maintained and conveyed? Section 6.5

6.1 INTRODUCTION

6.1.1 Philosophy and goal

The Department of Defense is closing installations to prevent the taxpayer from

paying for infrastructure that is no longer needed to support a shrinking military.

The Military Deparfm-ients need to close bases rapidly to realize maximum cost

savings, but DoD also recognizes the need to close bases in a manner that will

preserve valuable assets and support rapid reuse and redevelopment. The

maintenance of the installation, as well as the provision of utilities and services,

will play a key, if unglamorous, role in ensuring that the base can be redeveloped

for civilian use. Initial protection and maintenance levels after the installation is

approved for closure or realignment will be set in consultation with tAe LR4 at or

above levels required to support the use of such facilities or equipment for

nonmilitary reuse purposes. Such levels will be sustained for a reasonable period

durirw redevelopment Dlannimz and implementation.

What is DoD’s

philosophy and goal

for maintenance,

utilities, and

services ?

“ . . “ –––-r–––– --–-----–-–

December 1997 6-1
Maintenance, Utilities, and Services

Title XXIX of the National Defense Authorization Act for Fiscal Year 1994

required the Military Departments to maintain the level of maintenance at

closing bases until a reuse plan is submitted or closure of the installation takes

place. Because of the importance of assisting community economic recovery,

where communities have diligently worked toward reuse the Military

Departments may maintain the properties for longer periods than those required

by Title XXIX.

What is the general 6,1.2 General practice

practice for Each Military Department’s goal is to close bases, transfer missions, minimize

providing caretaker costs, and support implementation of the LRA’s redevelopment plan.

maintenance at However, if no redevelopment plan is prepared, or if no reuse is actively being BRAC installations? pursued for parts or all of the installation, the Military Department should, at its

discretion, reduce maintenance levels to the minimum levels required for similar

surplus government property. This reduction will generally occur within one

year after operational closure or 180 days after the Secretary of the Military

Department completes NEPA analysis and decision making, whichever is later.

Continuance of maintenance is subject to availability of appropriated funds.

The Military Departments will follow a general practice for closing bases and

establishing, maintaining, and transferring protection and maintenance

responsibility to a reuser. This practice consists of the following elements:

● Initial maintenance levels for real property, and their durations, will be

determined on a facility-by-facility basis by the Military Department in

consultation with the LRA and within the limits described in Section 6.2.3.

Such levels of maintenance maybe adjusted over time as circumstances

warrant.

● Military Department actions required by BRAC legislation or the relocation of

military missions prior to the installation’s operational closure may impact the

level of maintenance for certain facilities.

● Maintenance of personal property will generally be limited to physical

security in the expectation that this property will be quickly conveyed to the

LRA (See Chapter 4 of this Manual for more information on personal

property.)

● Property will be transitioned from its active mission maintenance level to its

initial maintenance level (also called the caretaker maintenance level) after the

property is no longer put to military use or the active mission departs (see

Section 6.3).

. The Military Department will maintain facilities on a building-by-building

basis, relinquishing its respo~ibility when an individual facility is occupied

for reuse (e.g., interim leases, leases k furtherance of conveyance, or deed

transfers; see Chapters 3 and.5 of && Manual for additional information).

6-2 December 1997
DoD Base Reuse Implementation Manual

. Maintenance functions that are the responsibility of the Military Department

can be performed by a variety of service providers, under funding

arrangements with the Military Department. All such maintenance providers

will sustain the maintenance levels agreed to and funded by the hlilita~

Department.

. The Military Department will notify the LRA of any intended change in an

established initial maintenance level for a facility, or part thereof, or item of

personal property, should such a change in maintenance level become

necessary (e.g., closure or change in mission, no reuse apparent for the

property, or expiration of the maintenance periods identified in Section 6.2.3).

This notice will occur prior to the reduction in maintenance level, and the

LR4 will have a reasonable period of time, as determined by the Military

Department, in which it can submit comments on the proposed reduction.

. Procedures and responsibilities for providing common services (fire

protection, security, utilities, telephones, roads, snow/ice removal, etc.) must

be discussed and resolved in the earliest stages of LRA consultation.

6.2 ESTABLISHING INITIAL M AINTENANCE L EVELS IN C ONSULTATIO N

W ITH THE L R A

6.2.1 Determining initial maintenance levels How are initial

The Military Department will meet with the LRA after the approval of the maintenance levels

installation for closure or realignment (and again periodically during the established?

redevelopment planning process, if necessary), to discuss the LIL4’s reuse plans How is the LRA

and to work toward establishing initial and ongoing maintenance levels. Initial invohfed?

maintenance levels for all real property vacated as a result of BR4C will be at or

above levels required to support the use of any such facilities or equipment for

nonmilitary reuse purposes, but will not exceed the standard of maintenance in

effect at the approval of the closure or realignment. Other criteria for

establishing those levels include:

●

●

●

●

●

●

Lntended property reuse as identified in the redevelopment plan (as prepared

according to the procedures described in Chapter 3).

Projected date of property reuse as identified in the redevelopment plan or

accompanying business plan.

The cost of continued maintenance, including caretaker costs, when weighed

against resource availability, as determined by the Military Department.

The type(s) of maintenance and common services (roads, fire, security,

utilities, etc.) required or requested.

Property value (including replacement cost).

Military Department obligations under Section 106 of the National Historic

Preservation Act (for properties listed on or eligible for inclusion on the

National Register of Historic Places), and other applicable statutes.

December 1997 6-3
Maintenance, Utilities, and Services

How kmg WI the

Services provide

maintenance? II

6.2.2 Maintenance levels at BRAC installations

The Military Departments use pre-established maintenance levels that generally

exceed the minimum levels required for excess and surplus Federal property.

These are based on reuse potential and the anticipated time until reuse, as well as

a desire to support the local redevelopment of closing installations. Each Military

Department will explain their maintenance levels (and how they are determined)

to the LRA during the initial consultation. Initial maintenance levels will at a

minimum insure weather tightness, limit undue facility deterioration, and

provide physical security.

The Military Departments have developed specific maintenance levels

that consider several factors, including:

●

●

●

Required operational status of the facility and the level of effort and scope of

work necessary to sustain that status;

Anticipated time until facility reuse (e.g., whether the facility should be

“mothballed” or “pickled”); and

Location-specific climatic conditions (e.g., air conditioning, dehumidification,

and heat).

6.2.3 Maintenance periods

Where continuing maintenance would foster likely redevelopment, the Military

Departments normally will sustain the initial level of maintenance or other levels

that support the likely reuse for the later of

● One year after operational closure of the base, or

. 180 days after the NEPA analysis and decision making for the relevant

property (e.g., disposal ROD, post-FONSI disposal decision) has been

approved by the Secretary of the Military Department,

unless reuse has already been achieved.

For such installations closed prior to the publication of the Department’s Final

Rule for Revitalizing Base Closure Communities (July 20, 1995) where

maintenance is still ongoing, maintenance of property not in reuse will normally

extend no longer than one year from the date of publication of the Rule. For

installations affected by multiple rounds of BRAC, the above one-year/180-day

rule will be in effect from the date of approval of the last round of BRAC that

affected the installation.

Example timelines for initial maintenance levek are shown in Figure 6-1. Black

bars in the figure indicate the durations for which post-closure initial

maintenance levels will be sustained for the two cases shown. IrI Case 1, initial

maintenance levels are sustained for a full year after closure because this period

is longer than 180 days after disposal decisions. Case 2 shows a longer

maintenance period because the maintenance levels are sustained for 180 days

beyond approval of disposal decisions.

6-4 December 1997
DoD Base Reuse Implementation Manual

/

Closure Date

- Date of Approval 6-yea~;~D~ _

of Closure NEPA Documentation

//

Approved

CJ’ k

I /

Maintenance oeriocl kJI

detemineti by

Gleam date

(1 yea! after ~losure ~te)

I

Post-Closure initial Maintenance Levels Sustained

-..,* .:**W . =+?““z--,,, - - -“..M.%.;S< -- .F?>X3,.*,,,S .,WS**:W. .%,//s...,

1

I I

:, Wm’m.+.:,:, ,,?,*:,.,.?**.iww,m? ,X:+.::..,,w::w,,..h,.,. ,x,wJwt:,:#

Case 2:

Maimattsoce nened F ~ IQ

detaretiaed by HEPA

dest!teemation (180 days after NEPA documentation}

Year 1 Year 2 Year 3 Year 4 Year 5 Year 6

‘igure 6-7. Example Timelines for Initial Maintenance Levels

at-BRA C /nsta//ations

The Military Department may extend the period for initial or adjusted

maintenance levels for property still under its control, if the Secretary of the

Military Department determines that the LRA is actively implementing a plan

and such levels of maintenance are justified. Examples of active implementation

include:

● Substantial portion(s) of the base have been leased to the LR4.

● A lease in furtherance of conveyance has been negotiated.

● The LRA or a local utility company has taken ownership of utility systems.

Periods of post-closure maintenance at levels to support likely reuse will in most

cases significantly exceed the minimum periods required by BR4C legislation

(Section 2902 of Title XXIX of NDAA 94, the I?ryor Amendments).

Water supply, electical power and sewage disposal facilities may have to be

operated after mission departure at rates far below their designed capacity.

Because of this, an engineering analysis should be performed to determine which

structural and operating changes are necessary (e.g., valve closures in water

supply systems or power shutoff in unused facilities) to ensure lawful and costeffective operation.

All periods of initial maintenance will be terminated when an agreement for

reuse of the property (i.e., interim lease or other trarsfer, lease in furtherance of

conveyance, or deed) is executed. In the case of Federal Aagency transfers, the

Military Department and the receiving Agency will coordinate the transition of

maintenance responsibilities, but Federal Agencies will generally be expected to

assume this responsibility as soon as the Military Department makes the

property available for transfer.

December 1997 6-5
Maintenance, Utilities, and Services

6.2.4 Disagreements

Should the LRA disagree with the Military Department’s determination of initial

or subsequent maintenance level, every effort will be made to resolve that

disagreement at the lowest possible level within the Miiitary Deparbnent’s chain

of command. Final authority for resolving disagreements rests with the Secretary

of the Military Department or the official to whom the Secretary delegates that

authority.

6.3 F ACILITY M AINTENANCE AND C OMMON SERVICE S

Who provides II 6.3.1 Maintenance providers

maintenance and Protection and maintenance of property can be performed by several different

services ? entities, depending on the particular phase of base closure and disposal (see

Table 6-l). In general, funding for maintenance of property not in reuse will be

provided by the Military Department; property that is being reused will be

maintained at the expense of the user.

● Pre-Closure. Prior to operational closure, the Military Department will retain

responsibility for protection and maintenance of the installation. However,

property that is being reused under a lease will be maintained by the Lessee

(typically the LRA; see also Chapter 5 of this Manual for more information on

leasing). The departing mission will be required to place the facilities into the

agreed-upon initial maintenance levels as they are vacated prior to

operational closure. Pre-closure maintenance of vacated facilities maybe

provided through a caretaker contractor cooperative agreement (see

definitions below).

● Post-Closure, Pre-Disposal (initial maintenance levels). Following

operational closure, the active mission will no longer bear responsibility for

property maintenance. It is to the Military Depment’s and the local

community’s benefit to establish operation and maintenance procedures for

common services as early as possible but before operational closure. The

Military Department will continue to fund initial maintenance levels after

closure for the time periods identified in Section 6.2.3. Funding of protection

and maintenance activities can occur through se~’eral mechanisms:

— A caretaker contract, under which a military-procured contractor

performs protection and maintenance.

— A cooperative agreement, under which the R or another qualified

community entity performs protection and maintenance caretaking on a

non-profit, cost-reimbursement basis, under an agreement with the

Military Department. Cooperative agreements may also be used in

appropriate cases to provide for protection and maintenance of properties

that will be disposed of at a realigning base.

— A support agreement with another military organization.

— A residual Government work force.

6-6 December 1997
DoD Base Reuse Implementation Manual

Base Closure and Disposal Phase

I I

Protection and I

PreClosure Post-Closure,

Maintenance Agent Pre-Disposal Post-Disposal

Military Department NotA@cab/e

I

Lessee

I

I

LRA or Community

F

I

Transfere e

I

NotA@cab/e I Not AppikxWe

NotApplkab/e

NotA@kab/e

NotA@cable

● *Scope of work reduced when periods in Section 6.2.3 expire.

Table 6-1. Protection and Maintenance Agents at BRAC Installations

● Post-closure, pre-disposal (minimum maintenance levels). After expiration

of the time periods identified in Section 6.2.3, the Military Department will

normally reduce maintenance levels to the minimum level for surplus

Government property required by 41 CFR $101-47.402 and ~ 10147.4913.

● Leased property. Protection and maintenance of property being reused

under a lease will be the responsibility of the Lessee.

● Post-disposal. Once property has been disposed of, the Military Department

will not provide funding for protection and maintenance. Protection and

maintenance of leased or conveyed property will be the sole responsibility of

the transferee.

6.3.2 Maintenance activities

Maintenance of real property, facilities, and equipment can entail a wide range of

activities. Although specific maintenance activities will be determined by the

Military Department in consultation with the L,RA, such activities can include:

● Interior and exterior physical inspections of buildings, including building

shells and exterior windows and doors, to verify security and structural

soundness.

. Scheduled operational inspections and routine maintenance for utilities

including heat, air conditioning, water supply and plumbing, electricity,

sewage, gas, and fire protection systems.

● Maintenance and inspection of elevators and other installed mechanical

equipment.

December 1997 6-7
Maintenance, Utilities. and Services

. Pest control, such as periodic termite inspections.

What activities

aren ‘t included in

maintenance ? II

How are equipment

and persona/

propetiy

maintained?

. Grounds maintenance, including grass mowing and fire breaks.

6.3.3 Activities not considered maintenance

Certain activities that may be desirable for reuse and redevelopment purposes

are not considered normal maintenance responsibilities. For example:

● Building demolition.

● Asbestos abatement and lead-based paint removal beyond those actions

required by law and regulation.

. Installation of facility-specific utilities or utility meters.

● Construction or modifications in order to meet Federal, State, or local building

or utility infrastructure codes.

Property improvements or alterations that are not necessary to protect public

health and safety will not be made as part of military-funded protection and

maintenance.

6.3.4 Common services

Common services must also be arranged for the installation after mission

departure, include the following:

● Road maintenance (snow/ice removal).

. Physical security (police).

● Utility services.

— Electricity

— Water/sewage

— Telephone

— Gas

. Fire/emergency services.

6.4 EQUIPMENT AND PERSONAL PROPERTY MAINTENANCE

The Military Departments will generally follow a standard approach for

establishing and maintaining minimum levels of maintenance for items of

equipment and other personal property. This approach is based on the general

practice described in Section 6.1. Some additional guidelines for personal

property and equipment apply:

. Equipment and personal property will be transitioned to their initial

maintenance levels as their mission use ceases or the active mission departs.

● Equipment and personal property will be physically secured, at the Military

Department’s option, in either a central location or in individual facilities.

6-8 December 1997
DoD Base Reuse Implementation Manual

An installation in the Southwest has been identified for closure and a closure date

determined. While faalities are occupied by active military units, they will maintain

the buildings, but drawdown of base personnel will begin soon and will continue over

a two-year period until all of tie active mission has departed.

Building 1 is a new, single-floor administrative building at a closing installation.

During a building-by-building discussion of initial maintenance levels, the Military

Department and the LRA estimate that the building should be converted to reuse

within two years. The Military Department, in consultation with the LRA, sets the

initial maintenance level of the building based on reuse and the location-specific

climatic conditions (see Section 6.2.1). The building is then given a maintenance

level (e.g., Level III) based on Military Department-specific guidelines. When the

unit occupying the building departs, the building is converted to its assigned

maintenance status and that status is maintained by the Military Department until

closure. Because reuse is expected within a short timeframe, but not immediately,

the building is maintained in an intermediate status. No heat is provided for the

building because of the Southwestern climate. Provision of air conditioning to

control humidity is considered, but is rejected because of naturally low humidity.

The facility is inspected regularly and after speaal evenb such as severe

thunderstorms, and repairs necessary to maintain the building in its initial

maintenance level are performed. Building equipment is maintained through

scheduled operational system checks and preventative maintenance inspections.

The water is turned on monthly to toilets, urinals, faucets, fountains, etc., to keep

them in working order. After closure the maintenance is transferred to the postclosure maintenance agent. In the case of Building 1, tlis is to the local community

through a cooperative agreement. The post-closure maintenance agent continues to

maintain the facility until it is leased to a local business. The Lessee then maintaim

the building as part of its lease.

Building 15 is an old storage warehouse. The Military Department and the LR4

discuss ~otential reuse, bu;cannot identify a probabl; on; due to the poor condition

and advanced age of the warehouse. The initial maintenance level is set to the

lowest level, indicating no reuse identified. When the unit using the warehouse

departs, the building is permanently closed. The windows and entrances are

secured and unauthorized personnel and visitors are prevented from entering the

facilities and grounds. All utilities are disconnected and properly terminated. The

building is inspected annually and after severe storms, but only conditions

adversely affecting public health, the environment, or safety will be addressed.

● Maintenance of installed equipment and related personal property will be at

the initial levels for the ass;a&ed real property, ;S set by ‘tie ‘Mili&ry

Department in consultation with the LRA. Duration of initial maintenance

will be as specified in Section 6.2.3, after which time only physical security

will be provided.

● Maintenance of non-installed equipment and non-related personal property is

predicated on the LRA’s ability to acquire control of these items independent

of real property and is normally restricted to physical security.

December 1997 6-9
Maintenance, Utilities, and Services

What is DoD’s policy

for utility systems?

When should utility

systems be

transferred?

. The Military Department will discontinue its responsibility for personaI

property maintenance upon reuse (e.g., when the personal property is

included in interim leases or leases in furtherance of conveyance, is related to

real property in deed transfers, or is transferred by bill of sale). Generally,

this means the Military Department will maintain personal property for a

period of no more than 60 days after the date on which the LRA (or other

recipient) has been offered the opportunity to take possession of the property.

● The Military Department will notify the LRA of any intended change in an

established maintenance level for equipment or personal property, should

such a change become necessary (e.g., closure or change in mission, no reuse

apparent, or expiration of maintenance periods in Section 6.2.3). This notice

will occur prior to the reduction in maintenance level.

6.5 U TILITY SYSTEM M AINTENANC E, OPERATIO N, AND D ISPOSA L

II 6.5.1 DoD policy guidance

. .

●

●

●

II ●

DoD and the Military Departments will encourage the LRA to consider and

address the operation, maintenance, and conveyance of utilities or utilities

service contracts in its redevelopment plan. Utilities include:

— Water/sewage.

— Storm water.

— Electricity.

— Energy plants (heating/cooling).

— Waste collection and recycling.

— Gas (natural and liquid propane).

— Telecommunications lines (e.g., telephone and cable T’V).

The Military Department will encourage the LILA to find a mechanism

(e-g., lease or license) and willing recipient in order to transfer a closing

installation’s utility systems to local entities (public or private) before the date

of operational closure (or as soon as practicable after closure), in order to

provide continuity of service.

At realiatig installations or when property is being retained by a Military

Department, decisions about the transfer and disposal of utility systems are at

the discretion of the Military Department and should be based upon the

individual facts and circumstances.

It is DoD’s view that the community is best served when the Military

Department transfers utility systems to local con~ol (the LRA or other private

or public concern) early in the closure process. For example, the sooner the

LRA (or other private concern) accepts transfer of the utility systems, the

sooner it can receive assistance (e.g., Economic Development Administration

[EDA] grants) necessary to upgrade or rework systems to meet its specific

requirements. Moreover, if the LRA or local utility company operate the

utility systems, prospective tenants will have more confidence that they will

have continued utility services once the base is closed.

6-10 December 1997
●

●

●

●

Generally, existing military base utility systems are operational. AH utility

systems will be transferred in an “as is” condition and will not be improved

before transfer.

The Military Department should offer technical assistance to the LlU4

throughout the process of utility transfer and consult with the LRA on options

and negotiations concerning utilities.

Military Departments will not make improvements or upgrades to utility

systems to comply with local code or for other reasons. Some early transfer

and EDA grants are available for improvements and upgrades.

Operation of utility systems by the Military Department at a closed

installation will be at the minimum level reqti-ed to sustain caretaker

operations. Operation to support reuse in excess of that required for caretaker

operations will be the responsibility of the LRA.

6.5.2 Time periods for military operation of utilities

II

How long will the

The Military Departments may operate the utility systems for the later of Services operate

utility systems?

● One year after operational closure of the base, or

. 180 days after the disposal decisions for the relevant property by the Secretary

of the Military Department,

unless reuse has already been achieved.

For installations closed prior to the publication of the Department’s Final Rule on

Revitalizing Base Closure Communities (July 20, 1995), where utility systems are

still being operated, utility service may normally extend no longer than one year

from the date of publication of the Rule. For installations affected by multiple

rounds of BlV4C, the above one-year/180-day rule will be in effect from the date

of approval of the last round of BIUC that affected the installation.

The Military Department may extend the period for providing utility service if

the Secretary of the Military Department determines that the LRA is actively

implementing a redevelopment plan that will achieve necessary transfer of the

utility systems.

6.5.3 Disposal authorities for utility systems

I

How are utility

It is DoD’s policy to dispose of utility systems as early in the base closure process systems

as possible. The Military Department will negotiate transfers of utility systems transferred?

on a case-by-case basis. The installation should work with the local

environmental authorities to convey existing environmental permits at the same

time the utility is conveyed, regardless of the means of conveyance.

Utility systems may be transferred by lease, license, bill of sale or by deed, or by

a combination of these. If by bill of sale, appropriate easements or franchises

must be provided.

Several authorities exist for the conveyance of utility systems, including:

December 1997 6-11
Maintenance, Utilities, and Services

●

●

●

●

Power transmission lines (including electric and gas lines). Sale at fair

market value under 50 U.S.C. App. $ 1622(d), 41 CFRs 101-47.308-1.

Water and sewer systems. Public benefit conveyances for public health

purposes under 40 U.S.C. ~ 484(k)(l), 41 CFR ~ 101-47.308-4.

Advertised and negotiated sales under 40 U.S.C. ~ 484(k),

41 CFR S 101-47.304.

Economic Development Conveyance.

In exercising the above options, the Military Department’s primary goal is to

foster economic development and ensure that the facilities can be serviced by

utilities through local utility providers. Therefore the qualifications and financial

capability of the provider are of the greatest importance.

Economic Development Conveyance (Sacramento Army Depot)

The Corps of Engineers estimated that utility infrastructure requirements at Sacramento

Army Depot would total $22 million. Part of this estimate was based on a Pacific Gas

and Electric (PG&E) electrical engineering study funded by the Army. The local utility

providers, the Sacramento Municipal Utility District (SMUD) and Pacific Bell, were not

interested in the electrical and phone systems. The City of Sacramento will receive the

utilities as part of the Economic Development Conveyance for the Depot. Initially, the

City will maintain and operate the utilities as a private developer for the entire parcel,

later privatizing the systems. A lessee will use $17 million in City loans to upgrade the

utilities and buildings. These costs will offset the fair market value rent due the Army.

Tenant rates will initially include an estimated pro-rata utility charge.

Public Benefit Conveyance (Castle Air Force Base)

The City of Atwater requested a public benefit conveyance of the base water system

with the Department of Health and Human Services (HHS) as the sponsoring Agency.

In a supplemental Disposal Record of Decision (ROD), the Air Force assigned the water

and wastewater systems to HHS upon a formal request for conveyance of these systems

for use in the protection of public health. This request for a public benefit conveyance

was authorized under the authority of 40 U.S.C. S 4S4(k)(l)(B).

Public Sale (Mather Air Force Base)

At Mather AFB a supplemental Disposal ROD offered the gas, electric, and telephone

lines to Sacramento County under a negotiated sale or at public auction. When the

County declined to buy these systems, the Air Force auctioned them. Two bids were

received for the electric system, the larger of which was an offer of $10,000 from SMUD.

SMUD estimated that it would take $3 million to bring the electric system at Mather up

to code. There was one bid of $1,467 for the gas system and one bid of $2,151 for the

telephone system.

6-12 December 1997