ADDendix B

Base

laws

Closure and Reuse

and Amendments

Appendices B and C provide the text of the major legal and regulatory authorities that provide the basis

for this Manual and for base closure and reuse in general (see Figure B-l). The principal legal authorities

for base closure and reuse are the Defense Authorization Amendments and Base Closure and

Realignment Act of 1988 (Title II of Pub. L. 100-526), for 1988 base closures, and the Defense Base Closure

and Realignment Act of 1990 (Part A of Title XXIX of Pub. L. 1OI-51O), for closures approved in 1991,

1993, and 1995. Both BRAC statutes have been amended several times, most significantly by the Base

Closure Community Assistance Act of 1993 (Subtitle A of Title XXIX of Pub. L. 103-160) and the Base

Closure Community Redevelopment and Homeless Assistance Act of 1994 (the “Redevelopment Act,”

Pub. L. 103-421). As a result of these two sets of amendments, the Department of Defense promulgated

regulations at 32 CFR Parts 174, 175, and 176 to provide more specific instructions for implementing their

provisions. In addition, the Department of Defense published this Manual to provide even more detailed

guidance for implementing 32 CFR Parts 174,175, and 176. The relationship of these authorities and

guidance is shown in Figure B-1 [Nofe fhaf Fig-we B-l does nof e-numerafe all fhe amendments to the base closure

statutes].

The texts of the Base Closure Community Assistance Act of 1993 and the Base Closure Community

Redevelopment and Homeless Assistance Act of 1994 are included in this Appendix. Both of tiese laws

primarily amend the BR4C statutes, but also contain self-standing provisions and amendments to other

legal authorities for base closure and reuse. The current, amended version of the Defense Base Closure

and Realignment Act of 1990 is also included in this Appendix. The most recent version of 32 CFR Parts

174, 175, and 176, including all amendments published as final, interim final, or proposed rules in the

Federal Regisfer, are included as Appendix C.

December 1997 B-1
Base Closure and Reuse Laws and Amendments

BRAC Statutes

Major

Amending

Legislation

Implementing

Regulations

DoD Guidance

Pub. L. 100-526, Title II

Pub. L. 101-510, Title XXIX, Part A

Figure B-1. Relationship of Laws, Regulations, and Guidance

B-2 December 1997
Base Closure Community Assistance Act

[Pub. L 103-160, Title IOU, Subtitle Al

National Defense Authorization Act for Fiscal Year 1994

(pub. L. 103-160)

Enacted November 30, 1993

TITLE lDiIX-DEFENSE BASE CLOSURE AND REALIGNMENT

SUBTITLE A —BASE CLOSURE COMMUIWTYASSISTANCE

SEC. 2901. FINDINGS.

Congress makes the following findings:

(1) The closure and realignment of military installations within the United States is a

necessary consequence of the end of the Cold War and of changed United States national security

requirements.

(2) A military installation is a significant source of emplopent for many communities, and the

closure or realignment of an installation may cause economic hardship for such communities.

(3) It is in the interest of the United States that the Federal Government facilitate the

economic recovery of communities that experience adverse economic circumstances as a result of

the closure or realignment of a military installation.

(4) It is in the interest of the United States that the Federal Government assist communities

that experience adverse economic circumstances as a result of the closure of military

installations by working with such communities to identifi and implement means of reutilizing

or redeveloping such installations in a beneficial manner or of otherwise revitalizing such

communities and the economies of such communities.

(5) The Federal Government may best identifi and implement such means by requiring that

the head of each department or agency of the Federal Government having jurisdiction over a

matter arising out of the closure of a military installation under a base closure law, or the

reutilization and redevelopment of such an installation, designate for each installation to be

closed an individual in such department or agency who shall provide information and assistance

to the transition coordinator for the installation designated under section 2915 on the assistance,

programs, or other activities of such department or agency with respect to the closure or

reutilization and redevelopment of the installation.

(6) The Federal Government may also provide such assistance by accelerating environmental

restoration at military installations to be closed, and by closing such installations, in a manner

that best ensures the beneficial reutilization and redevelopment of such installations by such

communities.

(7) The Federal Government may best contribute to such reutilization and redevelopment by

making available real and personal property at military ~stauations to be closed to communities

afYected by such closures on a timely basis, and, if appropriate, at less than fair market value.

December 1997 B-3
Base Closure Community Assistance Act (Pub. L. 103-160, Title XXIX, Subtitle A)

SEC. 2902. PROHIB~ION ON TRANSFER OF CERTAIN PROPERTY LOCATED AT

MILITARY INSTALLATIONS TO BE CLOSED.

(a) CLOSURES UNDER 1988 AcT.-( 1) Section 204(b) of the Defense Authorization Amendments

and Base Closure and Realignment Act (title II of Public Law 100-526; 10 U.S.C. 2687 note) is

amended—

(A) in paragraph (2)(E), by striking out “paragraphs (3) and (4)” and inserting in lieu

thereof “paragraphs (3) through (6)”;

(B) by redesignating paragraph (4) as paragraph (7); and

(C) by striking out paragraph (3) and inserting in lieu thereof the following new paragraph

(3):

“(3)(A) Not later than 6 months after the date of the enactment of the National Defense

Authorization Act for Fiscal Year 1994, the Secretary, in consultation with the redevelopment

authority with respect to each military installation to be closed under this title after such date of

enactment, shall—

“(i) inventory the personal property located at the installation; and

“(ii) ident@ the items (or categories of items) of such personal property that the

Secretary determines to be related to real property and anticipates will support the

implementation of the redevelopment plan with respect to the installation.

“(B) If no redevelopment authority referred to in subparagraph (A) exists with respect to an

installation, the Secretary shall consult with—

“(i) the local government in whose jurisdiction the installation is wholly located; or

“(ii) a local government agency or State government agency designated for the purpose

of such consultation by the chief executive officer of the State in which the installation is

located.

“(C)(i) Except as provided in subparagraphs (E) and (F), the Secretary may not carry out

any of the activities referred to in clause (ii) with respect to an installation referred to in that

clause until the earlier of—

“(I) one week after the date on which the redevelopment plan for the installation is

submitted to the Secretary

“(II) the date on which the redevelopment authority notifies the Secretary that it

w-ill not submit such a plan;

“(III) twenty-four months after the date referred to in subparagraph (A); or

“(IV) ninety days before the date of the closure of the installation.

“(ii) The activities referred to in clause (i) are activities relating to the closure of an

installation to be closed under this title as follows:

“(I) The transfer from the installation of items of personal property at the

installation identified in accordance with subparagraph (A).

“(II) The reduction in maintenance and repair of facilities or equipment located at

the installation below the minimum levels required to support the use of such

facilities or equipment for nonmilitary purposes.

“(D) Except as provided in paragraph (4, the Secretary may not transfer items of personal

property located at an installation to be closed under this title to another installation, or

dispose of such items, if such items are identified in the redevelopment plan for the

installation as items essential to the reuse or redevelopment of the installation.

“(E) This paragraph shall not apply to any related personal property located at an

installation to be closed under this title if the property—

“(i) is required for the operation of a unit, fimction, component, weapon, or weapons

system at another installation;

“(ii) is uniquely military in character, and is likely to have no civilian use (other than

use for its material content or as a source of commonly used components);

“(iii) is not required for the reutilization or redevelopment of the installation (as jointly

determined by the Secretary and the redevelopment authority);

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DoD Base Reuse Implementation Manual

“(iv) is stored at the installation for purposes of distribution (including spare parts or

stock items); or

“(v)(I) meets known requirements of an authorized program of another Federal

department or agency for which expenditures for similar property would be necessary,

and (II) is the subject of a written request by the head of the department or agency.

“(F) Notwithstanding subparagraphs (C)(i) and (D), the Secretary may carry out any

activity referred to in subparagraph (C)(ii) or (D) if the Secretary determines that the

carrying out of such activity is in the national security interest of the United States.”.

(2) Section 204(b)(7)(A)(N of such Act, as redesignated by paragraph (1)(B), is amended by

striking out “paragraph (3)” and inserting in lieu thereof “paragraphs (3) through (6)”.

(b) CWSURES UNDER 1990 AcT.—Section 2905(b) of the Defense Base Closure and Realignment

Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended—

(1) in paragraph (2)(A), by inserting “and paragraphs (3), (4), (5), and (6)” after “Subject to

subparagraph (C)”; and

(2) by adding at the end the following

“(3)(A) Not later than 6 months after the date of approval of the closure of a military

installation under this part, the Secretary, in consultation with the redevelopment authority

with respect to the installation, sha.ll—

“(i) inventory the personal property located at the installation; and

“(ii) identifi the items (or categories of items) of such personal property that the

Secretary determines to be related to real property and anticipates will support the

implementation of the redevelopment plan with respect to the installation.

“(B) If no redevelopment authority referred to in subparagraph (A) exists with respect to an

installation, the Secretary shall consult with—

“(i) the local government in whose jurisdiction the installation is wholly located; or

“(ii) a local government agency or State government agency designated for the purpose

of such consultation by the chief executive officer of the State in which the installation is

located.

“(C)(i) Except as provided in subparagraphs (E) and (F), the Secretary may not carry out

any of the activities referred to in clause (ii) with respect to an installation referred to in that

clause until the earlier of—

“(I) one week after the date on which the redevelopment plan for the installation is

submitted to the Secretary;

“(II) the date on which the redevelopment authority notifies the Secretary that it

will not submit such a plan;

“(III) twenty-four months after the date of approval of the closure of the

installation; or

WV) ninety days before the date of the closure of the installation.

“(ii) The activities referred to in clause (i) are activities relating to the closure of an

installation to be closed under this part as follows:

“(I) The transfer from the installation of items of personal property at the

installation identified in accordance with subparagraph (A).

“(II) The reduction in maintenance and repair of facilities or equipment located at

the installation below the minimum levels required to support the use of such

facilities or equipment for nonmilitary purposes.

“(D) Except as provided in paragraph (4), the Secretary may not transfer items of personal

property located at an installation to be closed ~der this part to mother installation, or

dispose of such items, if such items are identfied in the redevelopment plan for the

installation as items essential to the reuse or redevelopment of the installation.

“(E) This paragraph shall not apply to any personal property located at an installation to be

closed under this part if the property—

December 1997 B-5
Base Closure Community Assistance Act (Pub. L. 103-160, Title XXIX, Subtitle A)

“(i) is required for the operation of a unit, function, component, weapon, or weapons

system at another installation;

“(ii) is uniquely military in character, and is likely to have no civilian use (other than

use for its material content or as a source of commonly used components);

“(iii) is not required for the reutilization or redevelopment of the installation (as jointly

determined by the Secretary and the redevelopment authorib);

“(iv) is stored at the installation for purposes of distribution (including spare parts or

stock items); or

“(v)(I) meets known requirements of an authorized program of another Federal

department or agency for which expenditures for similar property would be necessary,

and (II) is the subject of a written request by the head of the department or agency.

‘(F) Notwithstanding subp~agraphs (Q(i) ad (D), the Secretw may C- out anY

activity referred to in subparagraph (C)(ii) or (D) if the Secretq determines that the

carrying out of such activity is in the national security interest of the United States.”.

(c) APPLICM~.-For the purposes of section 2905(b)(3) of the Defense Base Closure and

Realignment Act of 1990, as added by subsection (b), the date of approval of closure of any

installation approved for closure before the date of the enactment of this Act shall be deemed to be

the date of the enactment of this Act.

SEC. 2903. AUTHORITY TO TRANSFER PROPERTY AT CLOSED INSTAIJZ4TIONS TO

AFFECTED COMMWWTIES AND STATES.

(a) AUTHORI~ UNDER 1988 ACT.-Section 204(b) of the Defense Authorization Amendments and

Base Closure and Realignment Act (title II of Public Law 100-526; 10 U.S.C. 2687 note), as amended

by section 2902(a), is further amended by adding after paragraph (3), as so added, the following:

“(4)(A) The Secretary may transfer real property and personal property located at a military

installation to be closed under this title to the redevelopment authority with respect to the

installation.

“(B)(i)(I) Except as provided in clause (ii), the transfer of property under subparagraph (A)

may be for consideration at or below the estimated fair market value of the property

transferred or without consideration. Such consideration may include consideration in kind

(including goods and services), real property and improvements, or such other consideration

as the Secretary considers appropriate. The Secretary shall determine the estimated fair

market value of the property to be transferred under this subpara=waph before carrying out

such transfer.

“(II) The Secretary shall prescribe regulations that set forth guidelines for

determining the amount, if any, of consideration required for a transfer under this

paragraph. Such regulations shall include a requirement that, in the case of each

transfer under this paragraph for consideration below the estimated fair market

value of the property transferred, the Secretary provide an explanation why the

transfer is not for the estimated fair market value of the property transferred

(including an expkmation why the transfer cannot be earned out in accordance with

the authori~ provided to the Secretary pursuant to paragraph (1) or (2)).

“(ii) The transfer of property under subparagraph (A) shall be without consideration in

the case of any installation located in a rural area whose closure under this title will have

a substantial adverse impact (as determined by the Secretary) on the economy of the

communities in the vicinity of the installation and on the prospect for the economic

recovev of such communities from such closure. The Secretary shall prescribe in the

regulations under clause (i)(II) the manner of determining whether communities are

eligible for the transfer of property under this clause.

“(iii) In the case of a transfer under subparagraph (A) for consideration below the fair

market value of the property transferred, the Secretary may recoup I+om the transferee

of such property such portion as the Secretary determines appropriate of the amount, if

B-6 December 1997
DoD Base Reuse Implementation Manual

any, by which the sale or lease of such property by such transferee exceeds the amount of

consideration paid to the Secretary for such property by such transferee. The Secretary

shall prescribe regulations for determining the amount of recoupment under this clause.

“(C)(i) The tr~sfer of personal property under subparagraph (A) shall not be subject to the

provisions of sections 202 and 203 of the Federal Property and Administrative Services Act of

1949 (40 U.S.C. 483, 484) if the Secretary determines that the transfer of such property is

necessary for the effective implementation of a redevelopment plan with respect to the

installation at which such property is located.

“(ii) The Secretary may, in lieu of the transfer of property referred to in subparagraph

(A), transfer personal propem similar to such property (including property not located at

the installation) if the Secretary determines that the transfer of such similar property is

in the interest of the United States.

“(D) The provisions of section 120(h) of the Comprehensive Environmental Response,

Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) shall apply to any transfer of

real property under this paragraph.

“(E) The Secretary may require any additional terms and conditions in connection with a

transfer under this paragraph as such Secret- considers appropriate h protect the

interests of the United States.”.

(b) AUTHORITY UNDER 1990 ACT.—Section 2905(b) of the Defense Base Closure and Realignment

Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), as amended by section

2902(b), is further amended by adding at the end the following:

“(4)(A) The Secretary may transfer real property and personal property located at a military

installation to be closed under this part to the redevelopment authority with respect to the

installation.

“(B)(i)(I) Except as provided in clause (ii), the transfer of property under subparagraph (A)

may be for consideration at or below the estimated fair market value of the property

transferred or without consideration. Such consideration may include consideration in kind

(including goods and services), real property and improvements, or such other consideration

as the Secretary considers appropriate. The Secretzuy shall determine the estimated fair

market value of the property to be transferred under this subparagraph before carrying out

such transfer.

“(II) The Secretary shall prescribe regulations that set forth guidelines for

determining the amount, if any, of consideration required for a transfer under this

paragraph. Such regulations shall include a requirement that, in the case of each

transfer under this paragraph for consideration below the estimated fair market

value of the property transferred, the Secretary provide an explanation why the

transfer is not for the estimated fair market value of the property transferred

(including an explanation why the transfer cannot be carried out in accordance with

the authority provided to the Secretary pursuant to paragraph (1) or (2)).

“(ii) The transfer of property under subparagraph (A) shall be without consideration in

the case of any installation located in a rural area whose closure under this part will

have a substantial adverse impact (as determined by the Secretary) on the economy of

the communities in the vicinity of the installation and on the prospect for the economic

recovery of such communities from such closure. The Secretary shall prescribe in the

regulations under clause (i)(II) the manner of determining whether communities are

eligible for the transfer of property under this clause.

“(iii) In the case of a transfer under subparagraph (A) for consideration below the fair

market value of the property transferred, the Secretary may recoup horn the transferee

of such property such portion as the Secretary determines appropriate of the amount, if

any, by which the sale or lease of such property by such transferee exceeds the amount of

consideration paid to the Secretary for such property by such transferee. The Secretary

shall prescribe regulations for determining the amount of recoupment under this clause.

December 1997 B-7
Base Closure Community Assistance Act (Pub. L. 103-160, Title XXIX, Subtitle A)

“(C)(i) The tr~sfer of personal property under subparagraph (A) shall not be subject to the

provisions of sections 202 and 203 of the Federal Property and Administrative Services Act of

1949 (40 U.S.C. 483, 484) if the Secretary determines that the transfer of such property is

necessary for the effective implementation of a redevelopment plan with respect to the

installation at which such property is located.

“(ii) The Secretary may, in lieu of the transfer of property referred to in subparagraph

(A), transfer property simil= to such property (including property not located at the

installation) if the Secretary determines that the transfer of such similar property is in

the interest of the United States.

“(D) The provisions of section 120(h) of the Comprehensive Environmental Response,

Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) shall apply to any transfer of

real property under this paragraph.

“(E) The Secretary may require any additional terms and conditions in comection with a

transfer under this paragraph as such Secretary considers appropriate to protect the

interests of the United States.”.

(c) CONSIDERATION OF ECONOMIC NEEDS.—In order to maximize the local and regional benefit

from the reutilization and redevelopment of military installations that are closed, or approved for

closure, pursuant to the operation of a base closure law, the Secretary of Defense shall consider

locally and regionally delineated economic development needs and priorities into the process by

which the Secretary disposes of real property and personal property as part of the closure of a

military installation under a base closure law. In determining such needs and priorities, the

Secretary shall take into account the redevelopment plan developed for the military installation

involved. The Secretary shall ensure that the needs of the homeless in the communities aiTected by

the closure of such installations are taken into consideration in the redevelopment plan with respect

to such installations.

(d) COOPERATION.-The Secretary of Defense shall cooperate with the State in which a military

installation refereed to in subsection (c) is located, with the redevelopment authority with respect to

the installation, and with local governments and other interested persons in communities located

near the installation in implementing the entire process of disposal of the real property and personal

property at the installation.

SEC. 2904. EXPEDITED DETERMINATION OF TRANSFERABILITY OF EXCESS

PROPERTY OF INSTALLATIONS TO BE CLOSED.

(a) DETEIt.NRNATIONS UNDER 1988 ACT.—Section 204(b) of the Defense Authorization

Amendments and Base Closure and Realignment Act (title II of Public Law 100-526; 10 U.S.C. 2687

note), as amended by section 2903(a), is fimther amended by adding after paragraph (4), as so added,

the following:

“(5)(A) Except as provided in subparagraph (B), the Secretary shall take such actions as the

Secretary determines necessary to ensure that final determinations under subsection (b)(1)

regarding whether another department or agency of the Federal Government has identified a use

for any portion of a military installation to be closed under this title after the date of the

enactment of the National Defense Authorization Act for Fiscal Year 1994, or will accept transfer

of any portion of such installation, are made not later than 6 months after such date of

enactment.

“(B) The Secretary may, in consultation with the redevelopment authority with respect to

an installation, postpone making the fi~ determinations referred to in subparagraph (A)

With respect to the installation for such period as the Secretq determines appropriate if the

Secretary determines that such postponement is in the best interests of the communities

affected by the closure of the installation.”.

(b) DETEHATIONS UNDER 1990 ACT.—Section 2905(b) of the Defense Base Closure and

Realignment Act of 1990 (pti A of title~ of public Law 101-5I(); 10 l.J.S.C. 2687 note), as

amended by section 2903(b), is fimther amended by adtig at the end the following:

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DoD Base Reuse Implementation Manual

“(5)(A) Except as provided in subparagraph (B), the Secretary shall take such actions as the

Secretary determines necessary to ensure that final determinations under subsection (b)(1)

regarding whether another department or agency of the Federal Government has identified a use

for any portion of a military installation to be closed under this part, or will accept transfer of

any portion of such installation, are made not later than 6 months after the date of approval of

closure of that installation.

“(B) The Secretary may, in consultation with the redevelopment authority with respect to

an installation, postpone making the final determinations referred to in subparagraph (A)

with respect to the installation for such period as the Secretzuy determines appropriate if the

Secretary determines that such postponement is in the best interests of the communities

affected by the closure of the installation.”.

(c) APPmC=mm.-The Secretary of Defense shall make the determinations required under

section 2905(b)(5) of the Defense Base Closure and Realignment Act of 1990, as added by subsection

(b), in the case of installations approved for closure under such Act before the date of the enactment

of this Act, not later than 6 months after the date of the enactment of this Act.

SEC. 2905. AVAUABJLITY OF PROPERTY FOR ASSISTING THE HOMELESS.

(a) Av~m OF PROPERTY UNDER 1988 ACT.-Section 204t’b) of the Defense Authorization

Amendments and Base Closure and Realignment Act (title II of Public Law 100-526; 10 U.S.C. 2687

note), as amended by section 2904(a), is Iirther amended by adding after paragraph (5), as so added,

the following:

“(6)(A) Except as provided in this paragraph, nothing in this section shall limit or otherwise

affect the application of the provisions of the Stewart B. McKinney Homeless Assistance Act (42

U.S.C. 11301 et seq.) to military installations closed under this title.

“(B)(i) Not later than the date on which the Secretary of Defense completes the

determination under paragraph (5) of the transferability of any portion of an installation to

be closed under this title, the Secretary shall—

“(I) complete any determinations or surveys necessary to determine whether any

building or property referred to in clause (ii) is excess property, surplus property, or

unutilized or underutilized property for the purpose of the information referred to in

section 501(a) of such Act (42 U.S.C. l1411(a)); and

“(II) submit to the Secretary of Housing and Urban Development information on

any building or property that is so determined.

“(ii) The buildings and property referred to in clause (i) are any buildings or property

located at an installation referred to in that clause for which no use is identified, or of

which no Federal department or agency will accept transfer, pursuant to the

determination of transferability referred to in that clause.

“(C) Not later than 60 days after the date on which the Secretary of Defense submits

information to the Secretary of Housing and Urban Development under subparagraph (B)(ii),

the Secretary of Housing and Urban Development shall—

“(i) identify the buildings and property described in such information that are suitable

for use to assist the homeless;

“(ii) notify the Secretary of Defense of the buildings and property that are so identified;

“(iii) publish in the Federal Register a list of the buildings and property that are so

identified, including with respect to each building or property the information referred to

in section 501(c)(l)(B) of such Act; and

“(iv) make available with respect to each building and property the information

referred to in section 501(c)(l)(C) of such Act in accordance with such section 501(c)(1)(C).

“(D) Any buildings and property included in a list published under subparagraph (C)(iii)

shall be treated as property available for application for use to assist the homeless under

section 501(d) of such Act.

December 1997 B-9
Base Closure Community Assistance Act (Pub. L. 103-160, Title XXIX, Subtitle A)

“(E) me secre~v of Defense shall make available in accord-cc with section 501(0 of such

Act any buildings or property referred to in subparagraph (D) for which—

“(i) a written notice of an intent to use such buildings or property to assist the homeless

is received by the Secretary of Health and Human Services in accordance with section

501(d)(2) of such Act;

“(ii) an application for use of such buildings or property for such purpose is submitted

to the Secretary of Health and Human Services in accordance with section 501(e)(2) of

such Act; and

“(iii) the Secretary of Health and Human Services-

“(I) completes all actions on the application in accordance with section 501(e)(3) of

such Act; and

“(II) approves the application under section 501(e) of such Act.

“(F)(i) Subject to clause (ii), a redevelopment authority may express in writing an interest

in using buildings and property referred to in subparagraph (D), or use such buildings and

property, in accordance with the redevelopment plan with respect to the installation at which

such buildings and property are located as follows:

“(I) If no written notice of an intent to use such buildings or property to assist the

homeless is received by the Secretary of Health and Human Services in accordance

with section 501(d)(2) of such Act during the 60-day period beginning on the date of

the publication of the buildings and property under subparagraph (C)(iii).

“(II) In the case of buildings and property for which such notice is so received, if no

completed application for use of the buildings or property for such purpose is received

by the Secretary of Health and Human Services in accordance with section 501(e)(2)

of such Act during the 90-day period beginning on the date of the receipt of such

notice.

“(III) In the case of building and property for which such application is so received,

if the Secretary of Health and Human Services rejects the application under section

501(e) of such Act.

“(ii) Buildings and property shall be available only for the purpose of permitting a

redevelopment authori@ to express in writing an interest in the use of such buildings

and property, or to use such buildings and property, under clause (i) as follows:

“(I) In the case of buildings and property referred to in clause (i)(I), during the oneyear period beginning on the first day after the 60-day period referred to in that

clause.

“(II) In the case of buildings and property referred to in clause (i)(II), d~g the

one-year period beginning on the first day after the 90-day period referred to in that

clause.

“(III) In the case of buildings and property referred to in clause (i)(III), during the

one-year period beginning on the date of the rejection of the application referred to in

that clause.

“(iii) A redevelopment authority shall express an interest in the use of buildings and

property under this subparagraph by notifj-ing the Secretary of Defense, in writing, of

such an interest.

“(G)(i) Buildings and property available for a redevelopment authority under subparagraph

(F) shall not be available for use to assist the homeless under section 501 of such Act while so

available for a redevelopment authority.

“(ii) If a redevelopment authority does not express an interest in the use of buildings or

property, or commence the use of buildings or property, under subparagraph (F) within

the applicable time periods specified in clause (ii) of such subparagraph, such buildings

or property shall be treated as property available for use to assist the homeless under

section 501(a) of such Act.”.

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DoD Base Reuse Implementation Manual

(b) AVAILABILITY OF l%OPERm UNDER 1990 ACT.-Section 2905(b) of the Defense Base Closure

and Realignment Act of 1990 (part A of title 2QUX of Public Law 101-510; 10 U.S.C. 2687 note), as

amended by section 2904(b), is further amended by adding at the end the following

“(6)(A) Except as protided in this paragraph, nothing in this section shall limit or otherwise

tiect the application of the provisions of the Stewart B. McKinney Homeless Assistance Act (42

U.S.C. 11301 et seq.) to military installations closed under this part.

“(B)(i) Not later than the date on which the Secretary of Defense completes the

determination under paragraph (5) of the transferability of any portion of an installation to

be closed under this part, the Secretary shall—

“(I) complete any determinations or surveys necessary to determine whether any

building or property referred to in clause (ii) is excess property, surplus property, or

unutilized or underutilized property for the purpose of the information referred to in

section 501(a) of such Act (42 U.S.C. l1411(a)); and

“(II) submit to the Secretary of Housing and Urban Development information on

any building or property that is so determined.

“(ii) The buildings and property referred to in clause (i) are any buildings or property

located at an installation referred to in that clause for which no use is identified, or of

which no Federal department or agency will accept transfer, pursuant to the

determination of transferability referred to in that clause.

“(C) Not later than 60 days after the date on which the Secretary of Defense submits

information to the Secretary of Housing and Urban Development under subparagraph (B)(ii),

the Secretary of Housing and Urban Development shall—

“(i) identifJ the buildings and property described in such information that are suitable

for use to assist the homeless;

“(ii) noti& the Secretary of Defense of the buildings and property that are so identified;

“(iii) publish in the Federal Register a list of the buildings and property that are so

identified, including with respect to each building or property the information referred to

in section 501(c)(1)(B) of such Act; and

“(iv) make available with respect to each building and property the information

referred to in section 501(c)(1)(C) of such Act in accordance with such section 501(c)(1)(C).

“(D) Any buildings and property included in a list published under subparagraph (C)(iii)

shall be treated as property available for application for use to assist the homeless under

section 501(d) of such Act.

‘(E) The Secretary of Defense shall make available in accordance with section 501(8 of such

Act any buildings or property referred to in subparagraph (D) for which—

“(i) a written notice of an intent to use such buildings or property to assist the homeless

is received by the Secretary of Health and Human Services in accordance with section

501(d)(2) of such Act;

“(ii) an application for use of such buildings or property for such purpose is submitted

to the Secretary of Health and Human Services in accordance with section 501(e)(2) of

such Act; and

“(iii) the Secretary of Health and Human Services—

“(I) completes all actions on the application in accordance with section 501(e)(3) of

such Act; and

“(II) approves the application under section 501(e) of such Act.

“(F)(i) Subject to clause (ii), a redevelopment authority may express in writing an interest

in using buildings and property referred to subparagraph (D), or use such buildings and

property, in accordance with the redevelopment plan with respect to the installation at which

such buildings and property are located as follows:

“(I) If no written notice of an intent to use such buildings or property to assist the

homeless is received by the Secretary of Health and Human Services in accordance

December 1997 B-1 1
Base Closure Communitv Assistance Act (Pub. L. 103-160, Title XXIX, Subtitle A)

with section 501(d)(2) of such Act during the 60-day period beginning on the date of

the publication of the buildings and property under subparagraph (C)(iii).

“(II) In the case of buildings and property for which such notice is so received, if no

completed application for use of the buildings or property for such purpose is received

by the Secretau of Health and Human Services in accordance with section 501(e)(2)

of such Act during the 90-day period beginning on the date of the receipt of such

notice.

“(III) In the case of buildings and property for which such application is so received,

if the Secretary of Health and Human Services rejects the application under section

501(e) of such Act.

“(ii) Buildings and property shall be available only for the purpose of permitting a

redevelopment authority to express in writing an interest in the use of such buildings

and property, or to use such buildings and property, under clause (i) as follows:

“(I) In the case of buildings and property referred to in clause (i)(I), d*g the oneyear period beginning on the first day after the 60-day period referred to in that

clause.

“(II) In the case of buildings and property referred to in clause (i)(II), during the

one-year period beginning on the first day after the 90-day period referred to in that

clause.

‘(III) In the case of buildings and property referred to in clause (i)(III), during the

one-year period beginning on the date of the rejection of the application refereed to in

that clause.

“(iii) A redevelopment authority shall express an interest in the use of buildings and

property under this subparagraph by notifjring the Secretary of Defense, in writing, of

such an interest.

“(G)(i) Buildings and property available for a redevelopment authority under subparagraph

(F) shall not be available for use to assist the homeless under section 501 of such Act while so

available for a redevelopment authority.

“(ii) If a redevelopment authority does not express an interest in the use of buildings or

property, or commence the use of buildings or property, under subparagraph (F) within

the applicable time periods specified in clause (ii) of such subparagraph, such buildings

or property shall be treated as property available for use to assist the homeless under

section 501(a) of such Act.”.

SEC. 2906. AUTHORITY TO LEASE CERTAIN PROPERTY AT INSTALLATIONS TO BE

CLOSED.

(a) LEASE Au’mOlum.-Subsection (f) of section 2667 of title 10, United States Code, is amended

to read as follows:

“(0(1) Notwithstanding subsection (a)(3), pending the final disposition of real property =d

personal property located at a military installation to be closed or realigned under a base closure law,

the Secretary of the military department concerned may lease the property to any individual or

entity under this subsection if the Secretary determines that such a lease would facilitate State or

local economic adjustment efforts.

“(2) Noixvithstanding subsection (b)(4), the Secretary concerned may accept consideration in an

amount that is less than the fair market value of the lease interest if the Secretary concerned

determines that—

“(A) a public interest will be served as a result of the lease; and

“(B) the fair market value of the lease is (i) unobtainable, or (ii) not compatible with such

public benefit.

“(3) Before entering into any lease under this subsection, the Secretary shall consult with the

Administrator of the Environmental Protection Agency in order to determine whether the

environmental condition of the property proposed for leasing is such that the lease of the

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DoD Base Reuse Implementation Manual

property is advisable. The Secretary and the Administrator shall enter into a memorandum of

understanding setting forth procedures for carrying out the determinations under this

paragraph.”.

(b) D~lON.—Such section is further amended by adding at the end the following new

subsection:

“(g) In this section, the term ‘base closure law’ means each of the following

“(1) The Defense Base Closure and Realignment Act of 1990 (part A of title= of Public Law

101-510; 10 U.S.C. 2687 note).

“(2) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act

(Public Law 100-526; 10 U.S.C. 2687 note).

“(3) Section 2687 of this title.”.

SEC. 2907. ATJTHORHT TO CONTRACT FOR CERTAIN SERVICES AT INSTALLATIONS

BEING CLOSED.

(a) BASE CLOSURES UNDER 1988 ACT.—Section 204(b) of the Defense Authorization Amendments

and Base Closure and Realignment Act (title II of Public Law 100-526; 10 U.S.C. 2687 note), as

amended by section 2902(a)(l)(B), is fhrther amended by adding at the end the following:

“(8)(A) Subject to subparagraph (C), the Secretary may contract with local governments for the

provision of police services, fire protection services, airfield operation services, or other

community services by such governments at military installations to be closed under this title if

the Secretary determines that the provision of such services under such contracts is in the best

interests of the Department of Defense.

“(B) The Secretary may exercise the authority provided under this paragraph without

regard to the provisions of chapter 146 of title 10, United States Code.

“(C) The Secretary may not exercise the authority under subparagraph (A) witi respect to

an installation earlier than 180 days before the date on which the installation is to be closed.

“(D) The Secretary shall include in a contract for services entered into with a local

government under this paragraph a clause that requires the use of professionals to furnish

the services to the extent that professionals are available in the area under the jurisdiction of

such government.”.

(b) BASE CLOSURES UNDER 1990 ACT.—Section 2905(b) of the Defense Base Closure and

Realignment Act of 1990 (part A of title 2QKIX of Public Law 101-510; 10 U.S.C. 2687 note), as

amended by section 2905(b) of this Act, is further amended by adtig at the end the following

“(7)(A) Subject to subp~agraph (C), tie Secret=y may contract with 10cal gove~ents for fie

provision of police services, fire protection services, airfield operation services, or other

community services by such governments at military installations to be closed under this part if

the Secretary determines that the provision of such services under such contracts is in the best

interests of the Department of Defense.

“(B) The Secretary may exercise the authority provided under this paragraph without

regard to the provisions of chapter 146 of title 10, United States Code.

“(C) The Secretary may not exercise the authority under subp=agraph (A) with respect to

an installation earlier than 180 days before the date on which the installation is to be closed.

“(D) The Secretary shall include in a contract for services entered into with a local

government under this paragraph a clause that requires the use of professionals to furnish

the services to the extent that professionals are available in the area under the jurisdiction of

such government.”.

December 1997 B-1 3
Base Closure Community Assistance Act (Pub. L. 103-160, Title XXIX, Subtitle A)

SEC. 2908. AUTHORITY TO TRANSFER PROPERTY AT MUJTARY IIWTAIJATIONS TO

BE CLOSED TO PERSONS PAYING THE COST OF ENVIRONMENTAL RESTORATION

ACTIVITIES ON THE PROPERTY.

(a) BASE CLOSURES UNDER 1988 ACT.—Section 204 of the Defense Authorization Amendments

and Base Closure and Realignment Act (title II of Public Law 100-526; 10 U.S.C. 2687 note) is

amended by adding at the end the following new subsection:

“(d) T’RANSFERAUTHOR~ IN CONNECTION WI’IT3 PAYMENT OF ENVIRONMENTAL =DMTION

COSTS.-(l)(A) Subject to paragraph (2) of ttis subsection and section 12MM of the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)), the Secretmy

may enter into an agreement to transfer by deed real property or facilities referred to in

subparagraph (B) with any person who agrees to perform all enviro~ental restoration, waste

management, and environmental compliance activities that are required for the property or facilities

under Federal and State laws, administrative decisions, agreements (including schedules and

milestones), and concurrences.

“(B) The real property and facilities referred to in subparagraph (A) are the real proper@

and facilities located at an installation closed or to be closed under this title that are

available exclusively for the use, or expression of an interest in a use, of a redevelopment

authority under subsection (b)(6)(F) during the period provided for that use, or expression of

interest in use, under that subsection.

“(C) The Secretayy may require any additional terms and conditions in connection with an

agreement authorized by subparagraph (A) as the Secretary considers appropriate to protect

the interests of the United States.

“(2) A transfer of real property or facilities maybe made under pmagraph (1) only if the

Secretary certifies to Congress that—

“(A) the costs of all environmental restoration, waste management, and environmental

compliance activities to be paid by the recipient of the property or facilities are equal to or

greater than the fair market value of the property or facilities to be transferred, as

determined by the Secretary or

“(B) if such costs are lower than the fair market value of the property or facilities, the

recipient of the property or facilities agrees to pay the difference between the fair market

value and such costs.

“(3) As part of an agreement under paragraph ( 1), the Secretary shall disclose to the person to

whom the property or facilities will be transferred any information of the Secretary regarding the

environmental restoration, waste management, and environmental compliance activities

described in paragraph(1) that relate to the property or facilities. The Secretary shall provide

such information before entering into the agreement.

“(4) Nothing in this subsection shall be construed to modifj, alter, or amend the

Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.

9601 et seq.) or the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).

“(5) Section 330 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law

102-484; 10 U.S.C. 2687 note) shall not apply to any transfer under this subsection to persons or

entities described in subsection (a)(2) of such section 330.

“(6) The Secretary may not enter into an agreement to transfer property or facilities under this

subsection after the expiration of the five-year period beginning on the date of the enactment of

the National Defense Authorization Act for Fiscal Year 1994.”.

(b) BASE CLOSURES UNDER 1990 ACT.—Section 2905 of the Defense Base Closure and

Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is

amended by adding at the end the following new subsection:

“(e) T!R.ANSFER AL?ORITY IN CONNECTION WITH PAYMENT OF ENvIRoNMENTAL REMEDL4TION

COSTS.+ l)(A) Subject to paragraph (2) of ths subsection and section 120(h) of the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)), the Secret=y

may enter into an agreement to transfer by deed real property or facilities referred to in

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DoD Base Reuse Imrdementation Manual

subparagraph (B) with any person who agrees to perform all environmental restoration, waste

management, and environmental compliance activities that are required for the property or facilities

under Federal and State laws, administrative decisions, agreements (including schedules and

milestones), and concurrences.

“(B) The real property and facilities referred to in subparagraph (A) are the real prope~y

and facilities located at an installation closed or to be closed under this part that are

available exclusively for the use, or expression of an interest in a use, of a redevelopment

authority under subsection (b)(6)(F) during the period provided for that use, or expression of

interest in use, under that subsection.

“(C) The Secretary may require any additional terms and conditions in connection with an

&-reement authorized by subparagraph (A) as the Secretary considers appropriate to protect

the interests of the United States.

“(2) A transfer of real property or facilities maybe made under paragraph (1) only if the

Secretary certifies to Congress that—

“(A) the costs of all environmental restoration, waste management, and environmental

compliance activities to be paid by the recipient of the property or facilities are equal to or

greater than the fair market value of the property or facilities to be transferred, as

determined by the Secretary; or

“(B) if such costs are lower than the fair market value of the property or facilities, the

recipient of the property or facilities agrees to pay the difference between the fair market

value and such costs.

“(3) As part of an agreement under paragraph (l), the Secretary shall disclose to the person to

whom the property or facilities will be transferred any information of the Secretary regarding the

environmental restoration, waste management, and environmental compliance activities

described in paragraph (1) that relate to the property or facilities. The Secretary shall provide

such information before entering into the agreement.

“(4) Nothing in this subsection shall be construed to modify, alter, or amend the

Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.

9601 et seq.) or the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).

“(5) Section 330 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law

102-484; 10 U.S.C. 2687 note) shall not apply to any transfer under this subsection to persons or

entities described in subsection (a)(2) of such section 330.

“(6) The Secretary may not enter into an agreement to transfer property or facilities under this

subsection after the expiration of the five-year period beginning on the date of the enactment of

the National Defense Authorization Act for Fiscal Year 1994.”.

(c) REGULATIONS.-Not later than nine months after the date of the enactment of this Act, the

Secretary of Defense, in consultation with the Administrator of the Environmental Protection

Agency, shall prescribe any regulations necessary to carry out subsection (d) of section 204 of the

Defense Authorization Amendments and Base Closure and Realignment Act (title II of Public Law

100-526; 10 U.S.C. 2687 note), as added by subsection (a), and subsection (e) of section 2905 of the

Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10

U.S.C. 2687 note), as added by subsection (b).

SEC. 2909. SENSE OF CONGRESS ON AVAILABILITY OF SURPLUS MUJTARY

EQUIPMENT.

(a) SENSE OF CONGRJZSS.-It is the sense of Congress that the Secretary of Defense take all

actions that the Secretary determines practicable to make available the military equipment referred

to in subsection (b) to communities suffering significant adverse economic circumstances as a result

of the closure of military installations.

(b) COVERED EQTJIPMENT.-The equipment referred to in subsection (a) is surplus military

equipment that—

December 1997 B-1 5
Base Closure Communitv Assistance Act {Pub. L. 103-160. Title XXIX, Subtitle A)

(1) is schedtied for retirement or disposal as a result of reductions in the size of the Armed

Forces or the closure or realignment of a military installation under a base closure law;

(2) is impotiant (as determined by the Secretary) to the economic development efforts of the

communities referred to in subsection (a); and

(3) has no other military uses (as so determined).

SEC. 2910. IDENTIFICATION OF UNCONTAMINATED PROPERTY AT INSTALLATIONS

TO BE CLOSED.

The identification by the Secretary of Defense required under section lo of the

Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.

9620(h)(4)(A)), and the concurrence required under section lo of such Act, shall be made

not later than the earlier of—

(1) the date that is 9 months after the date of the submittal, if any, to the transition coordinator

for the installation concerned of a specific use proposed for all or a portion of the real property of

the installation; or

(2) the date specified in section 120(h)(4)(C)(iii) of such Act.

SEC. 2911. COMI?LJANCE WITH CERTAIN ENVIRONMENTAL REQUIREMENTS

RELATING TO CLOSURE OF INSTALLATIONS.

Not later than 12 months after the date of the submittal to the Secretary of Defense of a

redevelopment plan for an installation approved for closure under a base closure law, the Secretary

of Defense shall, to the extent practicable, complete any environmental impact analyses required

with respect to the installation, and with respect to the redevelopment plan, if any, for the

installation, pursuant to the base closure law under which the installation is closed, and pursuant to

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

SEC. 2912. PREFERENCE FOR LOCAL AND SMALL BUSINESSES.

(a) PREFERENCE RJ3QUIRED.-In entering into contracts with private entities as part of the

closure or realignment of a military installation under a base closure law, the Secretary of Defense

shall give preference, to the greatest extent practicable, to qualified businesses located in the vicinity

of the installation and to small business concerns and small disadvantaged business concerns.

Contracts for which this preference shall be given shall include contracts to carry out activities for

the environmental restoration and mitigation at military installations to be closed or realigned.

(b) DEFINITIONS.-In this section:

(1) The term “small business concern” means a business concern meeting the requirements of

section 3 of the Small Business Act (15 U.S.C. 632).

(2) The term “small disadvantaged business concern” means the business concerns referred to

in section 637(d)(1) of such Act (15 U.S.C. 637(d)(l)).

(3) me term ~ase closure law” includes section 2687 of title 10, United States Code.

SEC. 2913. CONSIDERATION OF APPLICATIONS OF AFFECTED STATES AND

COMMUNITIES FOR ASSISTANCE.

Section 2391(b) of title 10, United States Code, is amended by adding at the end the following:

“(6) To the extent practicable, the Secretary of Defense shall inform a State or local

government applying for assistance under this subsection of the approval or rejection by the

Secretary of the application for such assistance as follows:

“(A) Before the end of the 7-day period beginning on the date on which the Secretary

receives the application, in the case of an application for a planning grant.

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DoD Base Reuse Implementation Manual

“(B) Before the end of the 30-day period beginning on such date, in the case of an

application for assistance to carry out a community adjustments and economic

diversifications program.

“(7)(A) In attempting to complete consideration of applications within the time period specified

in paragraph (6), the Secretary of Defense shall give priority to those applications requesting

assistance for a community described in subsection (0(1).

“(B) If an application under paragraph (6) is rejected by the Secretary, the Secretary shall

promptly inform the State or local government of the reasons for the rejection of the

application.”.

SEC. 2914. CLARIFICATION OF UTILIZATION OF FUNDS FOR CO~ ECONOMIC

ADJUSTMENT ASSISTANCE.

(a) UTILIZATION OF FU’Nl)tS.-Subject to subsection (b), funds made available to the Economic

Development Administration for economic adjustment assistance under section 4305 of the National

Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2700) may by utilized

by the administration for administrative activities in support of the provision of such assistance.

(b) LIMTI’ATION.-Not more than three percent of the funds referred to in subsection (a) may be

utilized by the administration for the administrative activities referred to in such subsection.

SEC. 2915. TRANSITION COORDINATORS FOR ASSISTANCE TO COMMUNITIES

AFFECTED BY THE CLOSURE OF INSTALLATIONS.

(a) W GJ3NERAL.-The Secretary of Defense shall designate a transition coordinator for each

military installation to be closed under a base closure law. The transition coordinator shall carry out

the activities for such coordinator set forth in subsection (c).

(b) TIMING OF DESIGNATION.—A transition coordinator shall be designated for an installation

under subsection (a) as follows:

(1) Not later than 15 days after the date of approval of closure of the installation.

(2) In the case of installations approved for closure under a base closure law before the date of

the enactment of this Act, not later than 15 days after such date of enactment.

(c) RESPONMBILITIES.-A transition coordinator designated with respect to an installation shall—

(1) encourage, after consultation with officials of Federal and State departments and agencies

concerned, the development of strategies for the expeditious environmental cleanup and

restoration of the installation by the Department of Defense;

(2) assist the Secretary of the military department concerned in designating real property at

the installation that has the potential for rapid and beneficial reuse or redevelopment in

accordance with the redevelopment plan for the installation;

(3) assist such Secretary in identifying strategies for accelerating completion of environmental

cleanup and restoration of the real property designated under paragraph (2);

(4) assist such Secretary in developing plans for the closure of the installation that take into

account the goals set forth in the redevelopment plan for the installation;

(5) assist such Secretary in developing plans for ensuring that, to the maximum extent

practicable, the Department of Defense carries out any activities at the installation after the

closure of the installation in a manner that takes into account, and supports, the redevelopment

plan for the installation;

(6) assist the Secretary of Defense in making determinations with respect to the transferability

of proper@ at the installation under section 204(b)(5) of the Defense Authorization Amendments

and Base Closure and Realignment Act (title II of Public Law 100-526; 10 U.S.C. 2687 note), as

added by section 2904(a) of this Act, and under section 2905(b)(5) of the Defense Base Closure

and Realignment Act of 1990 (part A of title xXX of Public Law 101-510; 10 U. SC. 2687 note)>

as added by section 2904(b) of this Act, as the case may be;

December 1997 B-1 7
Base Closure Community Assistance Act (Pub. L. 103-160, Title XXIX, Subtitle A)

(7) assist the 10CSJ redevelopment authority with respect to the installation in identifying real

property or personal property at the installation that may have significant potential for reuse or

redevelopment in accordance with the redevelopment plan for the installation;

(8) assist the office of Economic Adjustment of the Department of Defense and other

departments and agencies of the Federal Government in coordinating the provision of assistance

under transition assistance and transition mitigation programs with community redevelopment

activities with respect to the installation;

(9) assist the Secretary of the military department concerned in identi&ing proper@ located at

the installation that may be leased in a manner consistent with the redevelopment plan for the

installation; and

(10) assist the Secret=y of Defense in identifying real property or personal property at the

installation that may be utilized to meet the needs of the homeless by consulting with the

Secretary of Housing and Urban Development and the local lead agency of the homeless, if any,

referred to in section 210(b) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C.

l1320(b)) for the State in which the installation is located.

SEC. 2916. SENSE OF CONGRESS ON SEMINARS ON REUSE OR REDEVELOPMENT OF

PROPERTY AT INSTALLATIONS TO BE CLOSED.

It is the sense of Congress that the Secretary of Defense conduct seminars for each community in

which is located a military installation to be closed under a base closure law. Any such seminar

shall—

(1) be conducted within 6 months after the date of approval of closure of the installation

concerned;

(2) address the various Federal programs for the reuse and redevelopment of the installation;

and

(3) provide information about employment assistance (including employment assistance under

l?ederal programs) available to members of such communities.

SEC. 2917. FEASIBIIJ’I’Y STUDY ON ASSISTING LOCAL COMMUNIT IES AFFECTED BY

THE CLOSURE OR REALIGNMENT OF MILITARY INSTALLATIONS.

(a) STUi)Y.-The Secretary of Defense shall conduct a study to determine the feasibili~ of

assisting local communities recovering horn the adverse economic impact of the closure or major

realignment of a military installation under a base closure law by reserving for grants to the

communities under section 2391(b) of title 10, United States Code, an amount equal to not less than

10 percent of the total projected savings to be realized by the Department of Defense in the first 10

years after the closure or major realignment of the installation as a result of the closure or

realignment.

(b) R12PORT.-Not later than March 1, 1994, the Secretary shall submit to Congress a report

containing the results of the study required by this subsection. The report shall include-

(1) an estimate of the amount of the projected savings described in subsection (a) to be realized

by the Department of Defense as a result of each base closure or major realignment approved

before the date of the enactment of this Act; and

(2) a recommendation regarding the fimding sources within the budget for the Department of

Defense from which amounts for the gr~ts described h subsection (a) could be derived.

SEC. 2918. DEFINITIONS.

(a) Subtitle A of Title 2J2iIX.-In this subtitle:

(1) The term %ase closure law” means the following

(A) The provisions of title II of the Defense Authorization Amendments and Base Closure

and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note).

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DoD Base Reuse Implementation Manual

(B) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public

Law 101-510; 10 U.S.C. 2687 note).

(2) The term “date of approval”, with respect to a closure or realignment of an installation,

means the date on which the authority of Congress to disapprove a recommendation of closure or

realignment, as the case may be, of such installation under the applicable base closure law

expires.

(3) The term “redevelopment authority”, in the case of an installation to be closed under a base

closure law, means any entity (including an entity established by a State or local government)

recognized by the Secretary of Defense as the entity responsible for developing the

redevelopment plan with respect to the installation and for directing the implementation of such

plan.

(4) The term “redevelopment plan”, in the case of an installation to be closed under a base

closure law, means a plan that—

(A) is agreed to by the redevelopment authority with respect to the installation; and

(B) provides for the reuse or redevelopment of the real property and personal property of

the installation that is available for such reuse and redevelopment as a result of the closure

of the installation.

(b) 13ASE CLOSURE ACT 1988.-Section 209 of the Defense Authorization Amendments and Base

Closure and Realignment Act (title II of Public Law 1OO-526; 10 U. S-C- 2687 note) is amended by

adding at the end the following:

“(10) The term ‘redevelopment authority’, in the case of an installation to be closed under this

title, means any entity (including an entity established by a State or local government)

recognized by the Secretary of Defense as the entity responsible for developing the

redevelopment plan with respect to the installation and for directing the implementation of such

plan.

“(11) The term ‘redevelopment plan’ in the case of an installation to be closed under this title,

means a plan that—

“(A) is agreed to by the redevelopment authority with respect to the installation; and

“(B) provides for the reuse or redevelopment of the real proper@ and personal property of

the installation that is available for such reuse or redevelopment as a result of the closure of

the installation.”.

(c) 13ASE CLOSURE ACT 1990.-Section 2910 of the Defense Base Closure and Realignment Act of

1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended by adding at the

end the following new paragraph:

“(8) The term ‘date of approval’, with respect to a closure or realignment of an installation,

means the date on which the authority of Congress to disapprove a recommendation of closure or

realignment, as the case may be, of such installation under this part expires.

“(9) The term ‘redevelopment authority’, in the case of an installation to be closed under this

part, means any entity (including an entity established by a State or local government)

recognized by the Secretary of Defense as the entity responsible for developing the

redevelopment plan with respect to the installation and for directing the implementation of such

plan.

“(10) The term ‘redevelopment plan’ in the case of an installation to be closed under this part,

means a plan that—

“(A) is agreed to by the local redevelopment authority with respect to the installation; and

“(B) provides for the reuse or redevelopment of the real properly and personal property of

the installation that is available for such reuse and redevelopment as a result of the closure

of the installation.”.

December 1997 B-1 9
Base Closure Community

Redevelopment and Homeless

Assistance Act of 1994 [Pub.L 103-4211

Public Law 103-421

Enacted October 25, 1994

An Act

To revise and improve the process for disposing of buildings and property at military installations

under the base closure laws.

Be it enacted by the Senate and House of Representatives of the United States of America in

Congress assembled,

SECTION 1. SHORT TITLE.

This Act may cited as the “Base Closure Community Redevelopment and Homeless Assistance Act

of 1994”.

SEC. 2. DISPOSAL OF BUILDINGS AND PROPERTY AT MILITARY INSTALLATIONS

APPROVED FOR CLOSURE.

(a) J-N G-w.—Section 2gWb) of the Defense Base Closure and Realignment Act of 1990 (P%

A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended—

(1) by redesignating paragraph (7) as paragraph (8); and

(2) by inserting after paragraph (6) the following new paragraph (7):

“(7)(A) Determinations of the use to assist the homeless of buildings and property located at

installations approved for closure under this part after the date of the enactment of this

paragraph shall be determined under this paragraph rather than paragraph (6).

“(B)(i) Not later than the date on which the Secretary of Defense completes the final

determinations referred to in paragraph (5) relating to the use or transferability of any

portion of an installation covered by this paragraph, the Secretary shall—

“(I) identiti the buildings and property at the installation for which the

Department of Defense haa a use, for which another department or agency of the

Federal Government has identified a use, or of which another department or agency

will accept a transfer;

“(II) take such actions as are necessary to identi~ any building or property at the

installation not identified under subclause (I) that is excess property or surplus

proper@

“(III) submit to the Secretary of Housing and Urban Development and to the

redevelopment authority for the inst~lation (or the chief executive officer of the State

in which the installation is located if there is no redevelopment authority for the

installation at the completion of the determination described in the stem of this

sentence) information on any building or property that is identified under subclause

(II); and

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“(M publish in the Federal Register and in a newspaper of general circulation in

the communities in the vicinity of the installation information on the buildings and

property identified under subclause (II).

“(ii) Upon the recognition of a redevelopment authority for an installation covered by

this paragraph, the Secretary of Defense shall publish in the Federal Register and in a

newspaper of general circulation in the communities in the vicinity of the installation

information on the redevelopment authority.

“(C)(i) State and local governments, representatives of the homeless, and other interested

parties located in the communities in the vicinity of an installation covered by this paragraph

shall submit to the redevelopment authority for the installation a notice of the interest, if

any, of such governments, representatives, and parties in the buildings or property, or any

portion thereof, at the installation that are identified under subparagraph (B)(i)(II). A notice

of interest under this clause shall describe the need of the government, representative, or

party concerned for the buildings or property covered by the notice.

“(ii) The redevelopment authority for an installation shall assist the governments,

representatives, and parties referred to in clause (i) in evaluating buildings and property

at the installation for purposes of this subparagraph.

“(iii) In providing assistance under clause (ii), a redevelopment authority shall—

“(I) consult with representatives of the homeless in the communities in the vicini~

of the installation concerned; and

“(II) undertake outreach efforts to provide information on the buildings and

property to representatives of the homeless, and to other persons or entities

interested in assisting the homeless, in such communities.

“(iv) It is the sense of Congress that redevelopment authorities should begin to conduct

outreach efforts under clause (iii)(II) with respect to an installation as soon as is

practicable after the date of approval of closure of the installation.

“(D)(i) State and local governments, representatives of the homeless, and other interested

parties shall submit a notice of interest to a redevelopment authority under subparagraph

(C) not later than the date specified for such notice by the redevelopment authority.

“(ii) The date specified under clause (i) shall be-

“(I) in the case of an installation for which a redevelopment authority has been

recognized as of the date of the completion of the determinations referred to in

paragraph (5), not earlier than 3 months and not later than 6 months after that date;

and

“(II) in the case of an installation for which a redevelopment authority is not

recognized as of such date, not earlier than 3 months and not later than 6 months

after the date of the recognition of a redevelopment authority for the installation.

“(iii) Upon specifying a date for an installation under this subparagraph, the

redevelopment authority for the installation shall—

“(I) publish the date specified in a newspaper of general circulation in the

communities in the vicinity of the installation concerned; and

“(II) notify the Secretary of Defense of the date.

“(E)(i) In submitting to a redevelopment authority under subparagraph (C) a notice of

interest in the use of buildings or property at an installation to assist the homeless, a

representative of the homeless shall submit the following:

“(I) A description of the homeless assistance program that the representative

proposes to carry out at the installation.

“(II) An assessment of the need for the program.

“(III) A description of the extent to which the program is or will be coordinated with

other homeless assistance programs in the communities in the vicinity of the

installation.

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Base Closure Community Redevelopment and Homeless Assistance Act of 1994 (Pub. L. 103-421)

WV) A description of the buildings and property at the installation that are

necessary in order to carry out the program.

“07 A description of the financial plan, the organization, and the organizational

capacity of the representative to carry out the program.

“(VI) An assessment of the time required in order to commence carrying out the

program.

“(ii) A redevelopment authority may not release to the public any information

submitted to the redevelopment authority under clause (i)(V) without fie consent of the

representative of the homeless concerned unless such release is authorized under Federal

law and under the law of the State and communities in which the installation concerned

is located.

“(F)(i) The redevelopment authority for each installation covered by this paragraph shall

prepare a redevelopment plan for the installation. The redevelopment authority shall, in

preparing the plan, consider the interests in the use to assist the homeless of the buildings

and property at the installation that are expressed in the notices submitted to the

redevelopment authority under subparagraph (C).

“(ii)(I) Jn connection with a redevelopment plan for an installation, a redevelopment

authority and representatives of the homeless shall prepare legally binding agreements

that provide for the use to assist the homeless of buildings and property, resources, and

assistance on or off the installation. The implementation of such agreements shall be

contingent upon the approval of the redevelopment plan by the Secretary of Housing and

Urban Development under subparagraph (H) or (J).

WI) Agreements under this clause shall provide for the reversion to the

redevelopment authority concerned, or to such other entity or entities as the

agreements shall provide, of buildings and property that are made available under

this paragraph for use to assist the homeless in the event that such buildings and

property cease being used for that purpose.

“(iii) A redevelopment authority shall provide opportunity for public comment on a

redevelopment plan before submission of the plan to the Secretary of Defense and the

Secretary of Housing and Urban Development under subparagraph (G).

“(iv) A redevelopment authority shall complete preparation of a redevelopment plan for

an installation and submit the plan under subparagraph (G) not later than 9 months

after the date specified by the redevelopment authority for the installation under

subparagraph (D).

“(G)(i) Upon completion of a redevelopment plan under subp=agraph (F), a redevelopment

authority shall submit an application containing the plan to the Secretary of Defense and to

the Secretary of Housing and Urban Development.

“(ii) A redevelopment authority shall include in an application under clause (i) the

following:

“(I) A copy of the redevelopment plan, including a summary of any public comments

on the plan received by the redevelopment authority under subparagraph (F)(iii).

“(II) A copy of each notice of interest of use of buildings and property to assist the

homeless that was submitted to the redevelopment authority under subparagraph

(C), together with a description of the manner, if any, in which the plan addresses the

interest expressed in each such notice and, if the plan does not address such an

interest, an explanation why the plan does not address the interest.

“(III) A summary of the outreach undertaken by the redevelopment authority

under subparagraph (C)(iii)(II) in preparing the plan.

“(IV) A statement identifj@ the representatives of the homeless and the homeless

assistance planning boards, if any, with which the redevelopment authority consulted

in preparing the plan, and the results of such consultations.

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“(V) An assessment of the manner in which the redevelopment plan balances the

expressed needs of the homeless and the need of the communities in the vicinity of

the installation for economic redevelopment and other development.

“(VI) Copies of the agreements that the redevelopment authority proposes to enter

into under subparagraph (F)(ii).

“(H)(i) Not later than 60 days after receitig a redevelopment plan under subparagraph

(G), the Secretary of Housing and Urban Development shall complete a review of the plan.

The purpose of the review is to determine whether the plan, with respect to the expressed

interest and requests of representatives of the homeless—

“(1) takes into consideration the size and nature of the homeless population in the

communities in the vicinity of the installation, the availability of existing services in

such communities to meet the needs of the homeless in such communities, and the

suitability of the buildings and property covered by the plan for the use and needs of

the homeless in such communities;

“(II) takes into consideration any economic impact of the homeless assistance under

the plan on the communities in the vicinity of the installation;

“(III) balances in an appropriate manner the needs of the communities in the

vicinity of the installation for economic redevelopment and other development with

the needs of the homeless in such communities;

“(IV) was developed in consultation with representatives of the homeless and the

homeless assistance plarming boards, if any, in the communities in the vicinity of the

installation; and

“(V) specifies the manner in which buildings and property, resources, and

assistance on or off the installation will be made available for homeless assistance

“(~I~?~~~e sense of Congress that the Secretary of Housing and Urban Development

shall, in completing the review of a plan under this subparagraph, take into

consideration and be receptive to the predominant views on the plan of the communities

in the vicinity of the installation covered by the plan.

“(iii) The Secretary of Housing and Urban Development may engage in negotiations

and consultations with a redevelopment authority before or during the course of a review

under clause (i) with a view toward resolving any preliminary determination of the

Secretary that a redevelopment plan does not meet a requirement set forth in that

clause. The redevelopment authority may modifi the redevelopment plan as a result of

such negotiations and consultations.

“(iv) Upon completion of a review of a redevelopment plan under clause (i), the

Secretary of Housing and Urban Development shall nom the Secretary of Defense and

the redevelopment authority concerned of the determination of the Secretary of Housing

and Urban Development under that clause.

“(v) If the Secretary of Housing and Urban Development determines as a result of such

a review that a redevelopment plan does not meet the requirements set forth in clause (i),

a notice under clause (iv) shall include-

“(I) an explanation of that determination; and

“(II) a statement of the actions that the redevelopment authority must undertake

in order to address that determination.

“(I)(i) Upon receipt of a notice under subparagraph (H)(iv) of a determination that a

redevelopment plan does not meet a requirement set forth in subparagraph (H)(i), a

redevelopment authority shall have the opportunity to-

“(I) revise the plan in order to address the determination; and

“(II) submit the revised plan to the Secretary of Housing and Urban Development.

“(ii) A redevelopment authority shall submit a revised plan under this subparagraph to

the Secretary of Housing and Urban Development, if at al], not later than 90 days after

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Base Closure Community Redevelopment and Homeless Assistance Act of 1994 (Pub. L. 103-421)

the date on which the redevelopment authority receives the notice referred to in clause

(i).

“(J)(i) Not later than 30 days after receiving a revised redevelopment plan under

subparagraph (I), the Secretmy of Housing and Urban Development sh~ review the revised

plan and determine if the plan meets the requirements set forth in subparagraph (H)(i).

“(ii) The Secretary of Housing and Urban Development shall notify the Secretary of

Defense and the redevelopment authority concerned of the determination of the

Secretary of Housing and Urban Development under this subparagraph.

“(K) Upon receipt of a notice under subparagraph (H)(vi) or (J)(ii) of the determination of

the Secretary of Housing and Urban Development that a redevelopment plan for an

installation meets the requirements set forth in subparagraph (H)(i), the Secretq of

Defense shall dispose of the buildings and property located at the installation that are

identified in the plan as available for use to assist the homeless in accordance with the

provisions of the plan. The Secretary of Defense may dispose of such buildings or property

directly to the representatives of the homeless concerned or to the redevelopment authority

concerned. The Secretary of Defense shall dispose of the buildings and property under this

subparagraph without consideration.

“(L)(i) If the Secretary of Housing and Urban Development determines under

subparagraph (J) that a revised redevelopment plan for an installation does not meet the

requirements set forth in subparagraph (H)(i), or if no revised plan is so submitted, that

Secretary shall—

“(I) review the original redevelopment plan submitted to that Secretary under

subparagraph (G), including the notice or notices of representatives of the homeless

referred to in clause (ii)(II) of that subparagraph;

“(II) consult with the representatives referred to in subclause (I), if any, for

purposes of evaluating the continuing interest of such representatives in the use of

buildings or property at the installation to assist the homeless;

“(III) request that each such representative submit to that Secretary the items

described in clause (ii); and

“(IV) based on the actions of that Secretary under subclauses (I) and (II), and on

any information obtained by that Secretary as a result of such actions, indicate to the

Secretary of Defense the buildings and property at the installation that meet the

requirements set forth in subparagraph (H)(i).

“(ii) The Secretary of Housing and Urban Development may request under clause

(i)(III) that a representative of the homeless submit to that Secretary the following

“(I) A description of the program of such representative to assist the homeless.

“(II) A description of the manner in which the buildings and property that the

representative proposes to use for such purpose will assist the homeless.

“(III) Such information as that Secretary requires in order to determine the

financial capacity of the representative to carry out the program and to ensure that

the program will be carried out in compliance with Federal environmental law and

Federal law against discrimination.

“(IV) A certification that police services, fire protection services, and water and

sewer services available in the communities in the vicinity of the installation

concerned are adequate for the program.

“(iii) The Secretary of Housing and Urban Development shall indicate to the Secretary

of Defense and to the redevelopment authority concerned the buildings and property at

an installation under clause (i)(IV) to be disposed of not later than 90 days after the date

of a receipt of a revised plan for the installation under subparagraph (J).

“(iv) The Secretary of Defense shall dispose of the buildings and property at an

installation referred to in clause (iii) to entities indicated by the Secretary of Housing and

Urban Development or by transfer to the redevelopment authority concerned for transfer

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to such entities. Such disposal shall be in accordance with the indications of the Secretary

of Housing and Urban Development under clause (i)(IV). Such disposal shall be without

consideration.

“(M)(i) In the event of the disposal of buildings and property of an installation pursuant to

subparagraph (K), the redevelopment authority for the installation shall be responsible for

the implementation of and compliance with agreements under the redevelopment plan

described in that subparagraph for the installation.

“(ii) If a btilding or property reverts to a redevelopment authority under such an

agreement, the redevelopment authority shall take appropriate actions to secure, to the

maximum extent practicable, the utilization of the building or property by other

homeless representatives to assist the homeless. A redevelopment authority may not be

required to utilize the building or property to assist the homeless.

“(N) The Secretary of Defense may postpone or extend any deadline provided for under this

paragraph in the case of an installation covered by this paragraph for such period as the

Secretary considers appropriate if the Secretary determines that such postponement is in the

interests of the communities affected by the closure of the installation. The Secretary shall

make such determinations in consultation with the redevelopment authority concerned and,

in the case of deadlines provided for under this paragraph with respect to the Secretary of

Housing and Urban Development, in consultation with the Secretary of Housing and Urban

Development.

“(O) For purposes of this paragraph, the term ‘communities in the vicinity of the

installation’, in the case of an installation, means the communities that constitute the

political jurisdictions (other than the State in which the installation is located) that comprise

the redevelopment authority for the installation.”.

(b) DEFINITION.-Section 2910 of such Act is amended by adding at the end the following

“(10) The term ‘representative of the homeless’ has the meaning given such term in section

501(h)(4) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. l1411(h)(4)).”.

(C) CONFO-G ~-TO 1990 BIME CLOSURE ACT.-Section 2905(b)(6)(A) of such Act is

amended by adding at the end the following: “For procedures relating to the use to assist the

homeless of buiklings and property at installations closed under this part after the date of the

enactment of this sentence, see paragraph (7).”.

(d) CONFOHG AMENDMENT TO MCIQNNmACT.-Section 501 of the Stewart B. McKinney

Homeless Assistance Act (42 U.S.C. 11411) is amended—

(1) by redesignating subsection (h) as subsection (i); and

(2) by inserting after subsection (g) the following new subsection (h):

“(h) APPLICABILI’IY TO PROPERTY UNDER BASE CLOSURE PROCESS.-(1) The provisions of

this section shall not apply to buildings and property at military installations that are approved

for closure uider the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of

Public Law 101-5 10; 10 U.S.C. 2687 note) after the date of the enactment of this subsection.

“(2) For provisions relating to the use to assist the homeless of buildings and property

located at certain military installations approved for closure under such Act, or under title II

of the Defense Authorization Amendments and Base Closure and Realignment Act (Public

Law 100-526; 10 U.S.C. 2687 note), before such date, see section 2(e) of Base Closure

Community Redevelopment and Homeless Assistance Act of 1994.”.

(e) ApPucnLm TO INSTALLATIONS APPROVED FOR CLOSURE BEFORE ENACTMENT OF ACT.—

(1)(A) Notwithstanding any provision of the 1988 base closure Actor the 1990 base closure Act, as

such provision was in effect on the day before the date of the enactment of this Act, and subject to

subparagraphs (B) and (C), the use to assist the homeless of building and property at military

installations approved for closure under the 1988 base closure Act or the 1990 base closure Act, as

the case may be, before such date shall be determined in accordmce with the provisions of paragraph

(7) of section 2905(b) of the 1990 base closure Act, as amended by subsection (a), in lieu of the

December 1997 B-25
Base Closure Community Redevelopment and Homeless Assistance Act uf 1994 (Pub. L. 103-421)

provisions of the 1988 base closure Actor the 1990 base closure Act that would otherwise apply to

the installations.

(B)(i) The provisions of such paragraph (7) shall apply to an installation referred to in

subparagraph (A) only if the redevelopment authority for the installation submits a request

to the Secretary of Defense not later than 60 days after the date of the enactment of this Act.

(ii) In the case of an installation for which no redevelopment authority exists on the

date of the enactment of this Act, the chief executive oi%cer of the State in which the

installation is located shall submit the request referred to in clause (i) and act as the

redevelopment authority for the installation.

(C) The provisions of such paragraph (7) shall not apply to any buildings or property at an

installation referred to in subparagraph (A) for which the redevelopment authority submits a

request referred to in subparagraph (B) within the time specified in such subparagraph (B) if

the buildings or property, as the case may be, have been transferred or leased for use to

assist the homeless under the 1988 base closure Act or the 1990 base closure Act, as the case

may be, before the date of the enactment of this Act.

(2) For purposes of the application of such paragraph (7) to the buildings and property at an

installation, the date on which the Secretary receives a request with respect to the installation

under paragraph (1) shall be treated as the date on which the Secretary of Defense completes the

final determination referred to in subparagraph (B) of such paragraph (7).

(3) Upon receipt under paragraph (l)(B) of a timely request with respect to an installation, the

Secretary of Defense shall publish in the FederaI Register and in a newspaper of general

circulation in the communities in the vicinity of the installation information describing the

redevelopment authority for the installation.

(4)(A) The Secretary of Housing and Urban Development and the Secretary of Health and

Human Services shall not, during the 60-day period beginning on the date of the enactment of

this Act, carry out with respect to any military installation approved for closure under the 1988

base closure Act or the 1990 base closure Act before such date any action required of such

Secretaries under the 1988 base closure Act or the 1990 base closure Act, as the case may be, or

under section 501 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411).

(B)(i) Upon receipt under paragraph (l)(A) of a timely request with respect to an

installation, the Secretary of Defense shall notify the Secretary of Housing and Urban

Development and the Secretary of Health and Human Services that the disposal of buildings

and proper@ at the installation shall be determined under such paragraph (7) in accordance

with this subsection.

(ii) Upon receipt of a notice with respect to an installation under this subparagraph, the

requirements, if any, of the Secretary of Housing and Urban Development and the

Secretary of Health and Human Services with respect to the installation under the

provisions of law referred to in subparagraph (A) shall terminate.

(iii) Upon receipt of a notice with respect to an installation under this subparagraph,

the Secretary of Health and Human Services shall noti& each representative of the

homeless that submitted to that Secretary an application to use buildings or property at

the installation to assist the homeless under the 1988 base closure Actor the 1990 base

closure Act, as the case may be, that the use of buildings and property at the installation

to assist the homeless shall be determined under such paragraph (7) in accordance with

this subsection.

(5)(A) In preparing a redevelopment plan for buildings and property at an installation covered

by such paragraph (7) by reason of this subsection, the redevelopment authority concerned

s12all—

(A) consider and address specifically any applications for use of such buildings and

property to assist the homeless that were received by the Secretary of Health and Human

Services under the 1988 base closure Act or the 1990 base closure Act, as the case may be,

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before the date of the enactment of this Act and are pending with that Secretary on that date;

and

(B) in the case of any application by representatives of the homeless that was approved by

the Secretary of Health and Human Sefices before the date of enactment of this Act, ensure

that the plan adequately addresses the needs of the homeless identified in the application by

providing such representatives of the homeless with—

(i) properties, on or off the installation, that are substantially equivalent to the

properties covered by the application;

(ii) sufficient fimding to secure such substantially equivalent properties;

(iii) services and activities that meet the needs identified in the application; or

(iv) a combination of the properties, funding, and services and activities described in

clause (i), (ii), and (iii).

(6) In the case of an installation to which the provisions of such paragraph (7) apply by reason

of this subsection, the date specified by the redevelopment authority for the installation under

subparagraph (D) of such paragraph (7) shall be not less than 1 month and not more than 6

months after the date of the submittal of the request with respect to the installation under

paragraph (l)(B).

(7) For purposes of this subsection:

(A) The term “1988 base closure Act” means title II of the Defense Authorization

Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687

note).

(B) The term “1990 base closure Act” means the Defense Base Closure and Realignment

Act of 1990 (part A of title XXIX of Public Law IO1-51O; 10 us-c. 2687 note).

(f) cLMUFYING AMENDMENTS TO BfiE CLOSURE AcTs.--(1) Section 204(b)(6)(F)(i) of the Defense

Authorization knendments and Base Closure Act and Realignment Act (Public Law 100-526; 10

U.S.C. 2687 note) is amended by inserting “and buildings and property referred to in subparagraph

(B)(ii) which have not been identified as suitable for use to assist the homeless under subparagraph

(C),” after “subparagraph (D),”.

(2) Section 2905(b)(6)(F)(i) of the Defense Base Closure and Realignment Act of 1990 (part A of

title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended by inserting “and buildings

and property referred to in subparagraph (B)(ii) which have not been identified as suitable for

use to assist the homeless under subparagraph (C),” tier “subparagraph (D),”-

December 1997 B-27
Defense Base Closure and Realignment

Act of 1990, as amended

Defense Base Closure and Realignment Act of 1990

(pub. L. 101-51O)

Enacted November 5,1990

As amended by the National Defense Authorization Acts for Fiscal Years 199211993 (Pub. L. 102-190),

1993 (Pub. L. 102-484), 1994 (Pub. L. 103-160), 1995 (Pub. L. 103-337), 1996 (Pub. L. 104-106), and 1997

(Pub. L. 104-201), and the Base Closure Community Redevelopment and Homeless Assistance Act of 1994

(Pub. L. 103+21)

TITLE XXIX-DEFENSE BASE CLOSURES AND REALIGNMENTS

PART A—DEFENSE BASE CLOSURE AND REALIGNMENT COMMISSION

SEC. 2901. SHORT TITLE AND PURPOSE

(a) SHOR’T TITJ!LE.-This part maybe cited as the “Defense Base Closure and Realignment Act of

1990”.

(b) PURPOSE.-~e purpose of this part is to provide a fair process that will result in the timely

closure and realignment of military installations inside the United States.

SEC. 2902. THE COMMISSION

(a) ESTABLISmmN’T.-There is established an independent commission to be known as the

“Defense Base Closure and Realignment Commission”.

(b) DmmS.—The Commission shall carry out the duties specified for it in this part.

(c) APPOINTMENT.-(l)(A) The Commission shall be composed of eight members appointed by the

President, by and with the advise and consent of the Senate.

(B) The President shall transmit to the Senate the nominations for appointment to the

Commission—

(i) by no later than January 3, 1991, in the case of members of the Commission whose

terms will expire at the end of the first session of the 102nd Congress;

(ii) by no later than January 2:, 1993, in the case of members of the Commission whose

terms will expire at the end of the first session of the 103rd Congress; and

(iii) by no later than January 3, 1995, in the case of members of the Commission whose

terms will expire at the end of the first session of the 104th Congress.

(C) If the President does not transmit to Congress the nominations for appointment to the

Commission on or before the date specified for 1993 in clause (ii) of subparagraph (B) or for

1995 in clause (iii) of such subparagraph, the process by which military installations maybe

selected for closure or realignment under this part with respect to that year shall be

terminated.

(2) In selecting individuals for nominations for appointments to the Commission, the President

should consult withB-28 December 1997
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(A) the Spe*er of the House of Representatives concerning the appointment of two

members;

(B) the majority leader of the Senate concerning the appointment of two members;

(C) the minority leader of the House of Representatives concerning the appointment of one

member; and

(D) the minority leader of the Senate concerning the appoinhent of one member.

(3) At the time the President nominates individuals for appointment to the Commission for

each session of Congress referred to in paragraph (l)(B), the President shall designate one such

individual who shall serve as Chairman of the Commission.

(d) TERMS.+1) Except as provided h paragraph(2), each member of the Commission shall serve

until the adjournment of Congress sine die for the session during which the member was appointed

to the Commission.

(2) The Chairman of the Commission shall serve until the confirmation of a successor.

(e) MEETINGS.-(1) The Commission shall meet only during calendar years 1991,1993, and 1995.

(2)(A) Each meeting of the Commission, other than meetings in which classified information is

to be discussed, shall be open to the public.

(B) All the proceedings, information, and deliberations of the Commission shall be open,

upon request, to the following:

(i) The Chairman and the ranking minority party member of the Subcommittee on

Readiness, Sustainability, and Support of the Committee on &med Services of the

Senate, or such other members of the Subcommittee designated by such Chairman or

ranking minority party member.

(ii) The Chairman and the ranking minority party member of the Subcommittee on

Military Installations and Facilities of the Committee on National Security of the House

of Representatives, or such other members of the Subcommittee designated by such

Chairman or ranking minority party member.

(iii) The Chairmen and ranking minority party members of the Subcommittees on

Military Construction of the Committees on Appropriations of the Senate and of the

House of Representatives, or such other members of the Subcommittees designated by

such Chairmen or ranking minority party members.

(0 VACANCIES.-A vacancy in the Commission shall be filled in the same manner as the original

appointment, but the individual appointed to fill the vacancy shall serve only for the unexpired

portion of the term for which the individual’s predecessor was appointed.

(g) PAY AND TRAVEL ExPENsEs.-(l)(A) Each member, other than the Chairman, shall be paid at

a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level IV of

the Executive Schedule under section 5315 of title 5, United States Code, for each day (including

travel time) during which the member is engaged in the actual performance of duties vested in the

Commission.

(B) The Chairman shall be paid for each day referred to in subparagraph (A) at a rate equal

to the daily equivalent of the minimum annual rate of basic pay payable for level III of the

Executive Schedule under section 5314, of title 5, United States Code.

(2) Members shall receive travel expenses, including per diem in lieu of subsistence, in

accordance with sections 5702 and 5703 of title 5, United States Code.

(h) DIRECTOR OF STAFF.-(1) The Commission shall, without regard to section 5311(b) of title 5,

United States Code, appoint a Director who has not served on active du~ in the Armed Forces or as

a civilian employee of the Department of Defense during the one-year period preceding the date of

such appointment.

(2) The Director shall be paid at the rate of basic pay payable for level IV of the Executive

Schedule under section 5315 of title 5, United States Code.

(i) STAFF.<1) Subject to paragraphs (2) and (3), the Director, with the approval of the

Commission, may appoint and fm the pay of additional personnel.

December 1997 B-29
Defense Base Closure and Realignment Act of 1990, as amended

,.

(2) The Director may make such appointments without regard to the provisions of title 5,

United States Code, governing appointments in the competitive service, and any personnel so

appointed may be paid without regard to the provisions of chapter 51 and subchapter III of

chapter 53 of that title relating to classification and General Schedule pay rates, except that an

individual so appointed may not receive pay in excess of the annual rate of basic pay payable for

GS-18 of the General Schedule.

(3)(A) Not more tha one-third of the personnel employed by or detailed to the Commission

may be on detail from the Department of Defense.

(B)(i) Not more than one-fifih of the professional analysts of the Commission staff maybe

persons detailed from the Department of Defense to the Commission.

(ii) No person detailed from the Department of Defense to the Commission maybe

assigned as the lead professional analyst with respect to a military department or

defense agency.

(C) A person may not be detailed horn the Department of Defense to the Commission if,

within 12 months before the detail is to begin, that person participated personally and

substantially in any matter within the Department of Defense concerning the preparation of

recommendations for closures or realignments of military installations.

(D) No member of the Armed Forces, and no officer or employee of the Department of

Defense, may—

(i) prepare any report concerning the effectiveness, fitness, or efficiency of the

performance on the staff of the Commission of any person detailed from the Department

of Defense to that stti,

(ii) review the preparation of such a report; or

(iii) approve or disapprove such a report.

(4) Upon request of the Director, the head of any Federal department or agency may detail any

of the personnel of that department or agency to the Commission to assist the Commission in

carrying out its duties under this part.

(5) The Comptroller General of the United States shall provide assistance, including the

detailing of employees, to the Commission in accordance with an agreement entered into with

the Commission.

(6) The following restrictions relating to the personnel of the Commission shall apply during

1992 and 1994:

(A) There may not be more than 15 persons on the staff at any one time.

(B) The staff may perform only such functions as are necessary to prepare for the transition

to new membership on the Commission in the following year.

(C) No member of the Armed Forces and no employee of the Department of Defense may

serve on the staff.

~) -RA~o-.-(l) The Commission may procure by contract, to the extent fi.mds are

available, the temporary or intermittent services of experts or consultants pursuant to section 3109

of title 5, United States Code.

(2) The Commission may lease space and acquire personal property to the extent funds are

available.

(k) ~~ING.-(l) There are authorized to be appropriated to the Commission such funds as are

necessary to carry out its duties under this part. such funds shall remain available until expended.

(2) If no funds are appropriated to the Commission by the end of the second session of the 10lst

Congress, the Secretary of Defense may transfer, for fiscal year 1991, to the Commission funds

from the Department of Defense Base Closure Account established by section 207 of Public Law

100-526. Such funds shall remain available until expended.

(3)(A) The Secretary may transfer not more than $300,000 from unobligated funds in the

account referred to in subparagraph (B) for the purpose of assisting the Commission in carrying

out its duties under this part during october, November, and December 1995. Funds transferred

under the preceding sentence shall remain available until December 31, 1995.

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(B) The account referred to in subparagraph (A) is the Department of Defense Base Closure

Account established under section 207(a) of the Defense Authorization Amendments and

Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note).

(1) TERMINATION.-The Commission shall terminate on December 31, 1995.

(m) PROHIBITION AGAINST RESTRICTING Comvmm CATIONS.~ection 1034 of title 10, United

States Code, shall apply with respect to communications with the Commission.

SEC. 2903. PROCEDURE FOR MAKING RECOMMENDATIONS FOR BASE CLOSURES

AND REALIGNMENTS

(a) FORCE-STRUCTURE W.-(l) As part of the budget justification documents submitted to

Congress in support of the budget for the Department of Defense for each of the fiscal years 1992,

1994, and 1996, the Secretary shall include a force-structure plan for the Armed Forces based on an

assessment by the Secretary of the probable threats to the national security during the six-year

period beginning with the fiscal year for which the budget request is made and of the anticipated

levels of funding that will be available for national defense purposes during such period.

(2) Such plan shall include, without any reference (directly or indirectly) to military

installations inside the United States that may be closed or realigned under such plan—

(A) a description of the assessment referred to in paragraph (1);

(B) a description (i) of the anticipated force structure during and at the end of such period

for each military department (with specifications of the number and type of units in the

active and reserve forces of each such department), and (ii) of the units that will need to be

forward based (with a justification thereof) during and at the end of each such period; and

(C) a description of the anticipated implementation of such force-structure plan.

(3) The Secretw shall also transmit a copy of each such force-structure plan to the

Commission.

(b) SELECTION CR~U—(1) The Secretary shall, by no later than December 31, 1990, publish in

the Federul Register and transmit to the congressional defense committees the criteria proposed to be

used by the Department of Defense in making recommendations for the closure or realignment of

military installations inside the United States under this part. The Secretary shall provide an

opportunity for public comment on the proposed criteria for a period of at least 30 days and shall

include notice of that opportunity in the publication required under the preceding sentence.

(2)(A) The Secretary shall, by no Iater than February 15, 1991, publish in the Federal Register

and transmit to the congressional defense committees the final criteria to be used in making

recommendations for the closure or realignment of military installations inside the United States

under this part. Except as provided in subparagraph (B), such criteria shall be the final criteria

to be used, making such recommendations unless disapproved by a joint resolution of Congress

enacted on or before March 1991.

(B) The Secretary may amend such criteria, but such amendments may not become

effective until they have been published in the Federa/ Register, opened to public comment

for at least 30 days, and then transmitted to the congressional defense committees in final

form by no later than January 15 of the year concerned. Such amended criteria shall be the

final criteria to be used, along with the force-structure plan referred to in subsection (a), in

making such recommendations unless disapproved by a joint resolution of Congress enacted

on or before February 15 of the year concerned.

(c) DoD RECOMMRNDATIONS.--(1) The Secretary may, by no later than April 15, 1991, March 15,

1993 and March 1, 1995, publish in the Federal Register and trasmit to the congressional defense

committees and to the Commission a list of the military installations inside the United States that

the Secretary recommends for closure or realignment on the basis of the force-structure pl= ~d the

final criteria referred to in subsection (b)(2) that are applicable to the year concerned.

(2) The Secretary shall include, with the list of recommendations published and transmitted

pursuant to paragraph (l), a summary of the selection process that resulted in the

recommendation for each installation, including a justification for each recommendation. The

December 1997 B-31
Defense Base Closure and Realignment Act of 1990, as amended

Secretary shall transmit the matters referred to in the preceding sentence not later than 7 days

after the date of the transmittal to the congressional defense committees and the Commission of

the list referred to in paragraph (l).

(3)(A) In considering military instauations for closure or realignment, the Secretary shall

consider all militaqy installations inside the United States equally without regard to whether the

installation has been previously considered or proposed for closure or realignment by the

Department.

(B) k considefig milit~ installations for closure or realignment, the Secretary may not

take into account for any purpose any advance conversion planning undertaken by an

affected community with respect to the anticipated closure or realignment of an installation.

(C) For purposes of subparagraph (B), in the case of a community anticipating the economic

effects of a closure or realignment of a military installation, advance conversion planning—

(i) shall include community adjustment and economic diversification planning

undertaken by the community before an anticipated selection of a military installation in

or near the community for closure or realignment; and

(ii) may include the development of contingency redevelopment plans, plans for

economic development and diversification, and plans for the joint use (including civilian

and military use, public and private use, civilian dual use, and civilian shared use) of the

property or facilities of the installation after the anticipated closure or realignment.

(4) In addition to making all information used by the Secreta~ to prepare the

recommendations under this subsection available to Congress (including any committee or

member of Congress), the Secretary shall also make such information available to the

Commission and the Comptroller General of the United States.

(5)(A) Each person referred to in subparagraph (B), when submitting information to the

Secretary of Defense or the Commission concerning the closure or realignment of a military

installation, shall certi~ that such information is accurate and complete to the best of that

person’s knowledge and belief.

(B) Subparagraph (A) applies to the following persons:

(i) me Secretaries of the military departments.

(ii) The heads of the Defense Agencies.

(iii) Each person who is in a position the duties of which include personal and

substantial involvement in the preparation and submission of information and

recommendations concerning the closure or realignment of military installations, as

designated in regulations which the Secretary of Defense shall prescribe, regulations

which the Secretary of each military department shall prescribe for personnel within that

military department, or regulations which the head of each Defense Agency shall

prescribe for personnel within that Defense Agency.

(6) Any information provided to the Commission by a person described in paragraph (5)(B)

shall also be submitted to the Senate and the House of Representatives to be made available to

the Members of the House concerned in accordance with the rules of that House. The information

shall be submitted to the Senate and House of Representatives within 24 hours after the

submission of the information to the Commission.

(d) Rmnmv AND RECOMMENDATIONS BY THE COMMISSION.-(1) After receiving the

recommendations born the Secret~ pursuant to subsection (c) for any year, the Commission shall

conduct public hearings on the recommendations. All testimony before the Commission at a public

hearing conducted under this paragraph shall be presented under oath. [The preceding sentence shall

apply with respect to all public hearings conducted by the Defense Base Closure and Realignment

Commission afler November 30, 1993.]

(2)(A) The Commission shall, by no later than July 1 of each year in which the Secretary

transmits recommendations to it pursuant to subsection (c), transmit to the President a report

containing the Commission’s findings and conclusions based on a review and analysis of the

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recommendations made by the Secretary, together with the Commission’s recommendations for

closures and realignments of military installations inside the United States.

(B) Subject to subparagraph (C), in making its recommendations, the Commission may

make changes in any of the recommendations made by the Secretary if the Commission

determines that the Secretary deviated substantially from the force-structure plan and final

criteria referred to in subsection (c)(1) in making recommendations.

(C) k the case of a change described in subp=agraph (D) in the recommendations made by

the Secretary, the Commission may make the change only if the Commission—

(i) makes the determination required by subparagraph (B);

(ii) determines that the change is consistent with the force-structure plan and final

criteria referred to in subsection (c)(l);

(iii) publishes a notice of the proposed change in the Federal Register not less than 45

days before transmitting its recommendations to the President pursuant to paragraph

(2); and

(iv) conducts public hearings on the proposed change.

(D) Subparagraph (C) shall apply to a ch=ge by the Commission in the SeCretarY’S

recommendations that would—

(i) add a military installation to the list of military installations recommended by the

Secretary for closure;

(ii) add a military installation to the list of military installations recommended by the

Secretary for realiamment; or

(iii) increase the extent of a realignment of a particular military installation

recommended by the Secretary.

(E) In making recommendations under this paragraph, the Commission may not take into

account for any purpose any advance conversion planning undertaken by an tiected

community with respect to the anticipated closure or realignment of a military installation.

(3) The Commission shall explain and justifj in its report submitted to the President pursuant

to paragraph (2) any recommendation made by the Commission that is different from the

recommendations made by the Secretary pursuant to subsection (c). The Commission shall

transmit a copy of such report to-the congressional defense committees on the same date on

which it transmits its recommendations to the President under paragraph (2).

(4) After July 1 of each year in which the Commission transmits recommendations to the

President under this subsection: the Commission shall promptly provide, upon request, to any

Member of Congress information used by the Commission in making its recommendations.

(5) The Comptroller General of the United States shall—

(A) assist the Commission, to the extent requested, in the Commission’s review and

analysis of the recommendations made by the Secretary pursuant to subsection (C); and

(B) by no later than April 15 of each year in which the Secretary makes such

recommendations, transmit to the Congress and to the Commission a report containing a

detailed analysis of the Secretary’s recommendations and selection process.

(e) REVIEW BY THE PREsIDENT.-(1) The President shall, by no later than July 15 of each year in

which the Commission makes recommendations under subsection (d), transmit to the Commission

and to the Congress a report containing the President’s approval or disapproval of the Commission’s

recommendations.

(2) If the President approves all the recommendations of the Commission, the President shall

transmit a copy of such recommendations to the Congress, together with a certification of such

approval.

(3) If the President disapproves the recommendations of the Commission, in whole or in part,

the President shall transmit to the Commission and the Congress the reasons for that

disapproval. The Commission shall then transmit to the president, by no later than August 15 of

the year concerned, a revised list of recommendations for the closure and realignment of military

installations.

December 1997 B-33
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“,

(4) If the president approves all of the revised recommendations of the Commission

transmitted to the President under paragraph (3), the President shall transmit a copy of such

revised recommendations to the Congress, together with a certtilcation of such approval.

(5) If the President does not transmit to the Congress an approval and certification described in

paragraph (2) or (4) by September 1 of any year in which the Commission has transmitted

recommendations to the President under this part, the process by which military installations

may be selected for closure or realignment under this part with respect to that year shall be

terminated.

SEC. 2904. CLOSURE AND REALIGNMENT OF MILITARY INSTALLATIONS

(a) IN GENEw.+ubject to subsection (b), the Secretary shall—

(1) close all military installations recommended for closure by the Commission in each report

transmitted to the Congress by the President pursuant to section 2903(e);

(2) realign ~ military installations recommended for realignment by such Commission in each

such report;

(3) initiate all such closures and realignments no later than two years after the date on which

the President transmits a report to the Congress pursuant to section 2903(e) containing the

recommendations for such closures or realignments; and

(4) complete all such closures and realignments no later than the end of the six-year period

beginning on the date on which the President transmits the report pursuant to section 2903(e)

containing the recommendations for such closures or realignments.

(b) CONGRESSIONAL DISAPPROVAL.-(1) The Secretary may not carry out any closure or

realignment recommended by the Commission in a report transmitted from the President pursuant

to section 2903(e) if a joint resolution is enacted, in accordance with the provisions of section 2908:

disapproving such recommendations of the Commission before the earlier of—

(A) the end of the 45-day period beginning on the date on which the President transmits

such report; or

(B) the adjournment of Congress sine die for the session during which such report is

transmitted.

(2) For purposes of paragraph (1) of this subsection and subsections (a) and (c)of section 2908,

the days on which either House of Congress is not in session because of adjournment of more

than three days to a day certain shall be excluded in the computation of a period.

SEC. 2905. IMPLEMENTATION

(a) IN GENERAL.-(1) In closing or realigning any military installation under this part, the

Secretary may—

(A) take such actions as maybe necessary to close or realign any military installation,

including the acquisition of such land, the construction of such replacement facilities, the

performance of such activities, and the conduct of such advance planning and design as may

be required to transfer functions from a military installation being closed or realigned to

another military installation, and may use for such purpose funds in the Account or funds

appropriated to the Department of Defense for use in planning and design, minor

construction, or operation and maintenance;

(B) provide-

(i) economic adjustment assistance to any community located near a military

installation being closed or realigned, and

(ii) community planning assistance to any community located near a military

installation to which fbnctions will be transferred as a result of the closure or

realignment of a military installation, if the Secretary of Defense determines that the

financial resources available to the community (by grant or otherwise) for such purposes

are inadequate, and may use for such purposes funds in the Account or fbnds

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DoD Base Reuse Implementation Manual

appropriated to the Department of Defense for economic adjustment assistance or

community planning assistance;

(C) carry out activities for the purposes of environmental restoration and mitigation at any

such installation, and shall use for such purposes fimds in the Account. [Amendments to this

subsection took effect on December 5, 1991.]

(D) provide outplacement assistance to civilian employees employed by the Department of

Defense at military installations being closed or realigned, and may use for such purpose

funds in the Account or funds appropriated to the Department of Defense for outplacement

assistance to employees; and

(E) reimburse other Federal agencies for actions performed at the request of the Secretary

with respect to any such closure or realignment, and may use for such purpose Iimds in the

Account or funds appropriated to the Department of Defense and available for such purpose.

(2) In carrying out any closure or realignment under this part, the Secretary shall ensure that

environmental restoration of any property made excess to the needs of the Department of

Defense as a result of such closure or realignment be carried out as soon as possible with funds

available for such purpose.

(b) ~AG~ AND DISPOSAL OF PROPERTY.-(1) The Administrator of General Services shall

delegate to the Secretary of Defense, with respect to excess and surplus real property, facilities, and

personal property located at a military installation closed or realigned under this part—

(A) the authority of the Administrator to utilize excess property under section 202 of the

Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483);

(B) the authority of the Administrator to dispose of surplus property under section 203 of

that Act (40 U.S.C. 484);

(C) the authority to dispose of surplus property for public airports under sections 47151

through 47153 of title 49, United States Code; and

(D) the authority of the Administrator to determine the availability of excess or surplus

real property for wildlife conservation purposes in accordance with the Act of May 19, 1948

(16 U.S.C. 667b).

(2)(A) Subject to subparagraph (B) and paragraphs (3), (4), (5), and (6), the Secretary of

Defense shall exercise the authority delegated to the Secretary pursuant to paragraph (1) in

accordance with—

(i) all regulations governing the utilization of excess property and the disposal of

surplus property under the Federal Property and Administrative Services Act of 1949;

and

(ii) all regulations governing the conveyance and disposal of property under section

13(g) of the Surplus Property Act of 1944 (50 U.S.C. App. 1622(g)).

(B) The Secretary may, with the concurrence of the Administrator of General Services—

(i) prescribe general policies and methods for utilizing excess property and disposing of

surplus property pursuant to the authority delegated under paragraph (l); and

(ii) issue regulations relating to such policies and methods, which shall supersede the

regulations referred to in subparagraph (A) with respect to that authority.

(C) The Secretary of Defense may transfer real property or facilities located at a military

installation to be closed or realigned under this part, with or without reimbursement, to a

military department or other entity (including a nonappropriated fund instrumentality)

within the Department of Defense or the Coast Guard.

(D) Before anY action maybe taken with respect to the disposal of any surplus real

property or facility located at any military installation to be closed or realigned under this

part, the Secretary of Defense shall consult with the Governor of the State and the heads of

the local governments concerned for the purpose of considering any plan for the use of such

property by the local community concerned.

December 1997 B-35
Defense Base Closure and Realignment Act of 1990, as amended

(3)(A) Not later than 6 months after the date of approval of the closure of a military installation

under this part, the Secretary, in consultation with the redevelopment authority with respect to

the installation, shall—

(i) inventory the personal property located at the installation; and

(ii) identify the items (or categories of items) of such personal property that the

Secretmy determines to be related to real property and anticipates will support the

implementation of the redevelopment plan with respect to the installation.

(B) If no redevelopment authority referred to in subparagraph (A) exists with respect to an

installation, the Secretary shall consult with—

(i) the local government in whose jurisdiction the installation is wholly located; or

(ii) a local government agency or State government agency designated for the purpose

of such consultation by the chief executive officer of the State in which the installation is

located.

(C)(i) Except as provided in subparagraphs (E) and (F), the Secretary may not carry out

any of the activities referred to in clause (ii) with respect to an installation referred to in that

clause until the earlier of—

(I) one week ~er the date on which the redevelopment plan for the installation is

submitted to the Secretaw,

(II) the date on which the redevelopment authority noties the Secretary that it

will not submit such a plan;

(III) twenty-four months after the date of approval of the closure of the installation;

or

(I_W ninety days before the date of the closure of the installation.

(ii) The activities referred to in clause (i) are activities relating to the closure of an

installation to be closed under this part as follows:

(I) The transfer from the installation of items of personal property at the

installation identified in accordance with subparagraph (A).

(II) The reduction in maintenance and repair of facilities or equipment located at

the installation below the minimum levels required to support the use of such

facilities or equipment for nonmilitary purposes.

(D) Except as provided in paragraph (4), the Secretary may not transfer items of personal

property located at an installation to be closed under this part to another installation, or

dispose of such items, if such items are identified in the redevelopment plan for the

installation as items essential to the reuse or redevelopment of the installation. In connection

with the development of the redevelopment plan for the installation, the Secretary shall

consult with the entity responsible for developing the redevelopment plan to identi~ the

items of personal property located at the installation, if any, that the entity desires to be

retained at the installation for reuse or redevelopment of the installation.

(E) This paragraph shall not apply to any personal property located at an installation to be

closed under this part if the property—

(i) is required for the operation of a unit, function, component, weapon, or weapons

system at another installation;

(ii) is uniquely military in character, and is likely to have no civilian use (other than

use for its material content or as a source of commonly used components);

(iii) is not required for the reutilization or redevelopment of the installation (as jointly

determined by the Secretary and the redevelopment authority);

(iv) is stored at the installation for purposes of distribution (including spare parts or

stock items); or

(v)(I) meets known requirements of an authorized program of another Federal

department or agency for which expenditures for similar property would be necessary,

and (II) is the subject of a written request by the head of the department or agency.

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(F) Notwithstanding subparagraphs (C)(i) and (D), the Secretary may carry out any activity

referred to in subparagraph (C)(ii) or (D) if the Secretary determines that the carrying out of

such activity is in the national security interest of the United States.

(4)(A) The Secretary may transfer real property and personal property located at a military

installation to be closed under this part to the redevelopment authority with respect to the

installation.

(B)(i)(I) Except as provided in clause (ii), the transfer of property under subparagraph (A)

may be for consideration at or below the estimated fair market value of the property

transferred or without consideration. Such consideration may include consideration in kind

(including goods and services), real property and improvements, or such other consideration

as the Secretary considers appropriate. The Secretary shall determine the estimated fair

market value of the property to be transferred under this subparagraph before carrying out

such transfer.

(II) The Secretary shall prescribe regulations that set forth guidelines for

determining the amount, if any, of consideration required for a transfer under this

paragraph. Such regulations shall include a requirement that, in the case of each

transfer under this paragraph for consideration below the estimated fair market

value of the property transferred, the Secretary provide an explanation why the

transfer is not for the estimated fair market value of the property transfemed

(including an explanation why the transfer cannot be carried out in accordance with

the authority provided to the Secretag pursuant to paragraph (1) or (2)).

(ii) The transfer of property under subparagraph (A) shall be without consideration in

the case of any installation located in a rural area whose closure under this part will

have a substantial adverse impact (as determined by the Secretary) on the economy of

the communities in the vicinity of the installation and on the prospect for the economic

recovery of such communities fkom such closure. The Secretary shall prescribe in the

regulations under clause (i)(II) the manner of determining whether communities are

eligible for the transfer of property under this clause.

(iii) In the case of a transfer under subparagraph (A) for consideration below the fair

market value of the property transferred, the Secretary may recoup from the transferee

of such property such portion as the Secretary determines appropriate of the amount, if

any, by which the sale or lease of such property by such transferee exceeds the amount of

consideration paid to the Secretary for such property by such transferee. The Secretary

shall prescribe regulations for determining the amount of recoupment under this clause.

(C)(i) The Secretary may transfer real property at an installation approved for closure or

realignment under this part (including property at an installation approved for realignment

which will be retained by the Department of Defense or another Federal agency after

realignment) to the redevelopment authority for the installation if the redevelopment

authority agrees to lease, directly upon transfer, one or more portions of the property

transferred under this subparagraph to the Secretary or to the head of another department

or agency of the Federal Government. Subpara=~aph (B) shall apply to a transfer under this

subparagraph.

(ii) A lease under clause (i) shall be for a term of not to exceed 50 years, but may

provide for options for renewal or extension of the term by the department or agency

concerned.

(iii) A lease under clause (i) may not require rental payments by the United States.

(iv) A lease under clause (i) shall include a provision specifying that if the department

or agency concerned ceases requiring the use of the leased property before the expiration

of the term of the lease, the remainder of the lease term may be satisfied by the same or

another department or agency of the Federal Government using the property for a use

similar to the use under the lease. Exercise of the authority provided by this clause shall

be made in consultation with the redevelopment authority concerned.

December 1997 B-37
Defense Base Closure and Realignment Act of 1990, as amended

(D)(i) The transfer of personal property under subparagraph (A) shall not be subject to the

provisions of sections 202 and 203 of the Federal Property and Administrative Services Act of

1949 (40 U.S.C. 483, 484) if the Secretary determines that the tr~sfer of such property is

necessary for the effective implementation of a redevelopment plan with respect to the

installation at which such property is located.

(ii) The Secretary may, in lieu of the transfer of property referred to in subparagraph

(A), tr~sfer property similar to such property (including property not located at the

installation) if the Secretary determines that the transfer of such similar property is in

the interest of the United States.

(E) The provisions of section 120(h) of the Comprehensive Environmental Response,

Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) sh~l apply to anY transfer Of

real property under this paragraph.

(F) The Secret- may require any additional terms and conditions in connection with a

transfer under this paragraph as such Secretary considers appropriate to protect the

interests of the United States.

(5)(A) Except as provided in subparagraph (B), the Secreta~ shall take such actions as the

Secretary determines necessary to ensure that final determinations under paragraph (1)

regarding whether another department or agency of the Federal Government has identified a use

for any portion of a military installation to be closed under this part, or will accept transfer of

any portion of such installation, are made not later than 6 months after the date of approval of

closure of that installation.

(B) The Secretary may, in consultation with the redevelopment authority with respect to an

installation, postpone making the final determinations referred to in subparagraph (A) with

respect to the installation for such period as the Secretary determines appropriate if the

Secretary determines that such postponement is in the best interests of the communities

affected by the closure of the installation.

(6)(A) Except as provided in this paragraph, nothing in this section shall limit or otherwise

affect the application of the provisions of the Stewart B. McKinney Homeless Assistance Act (42

U.S.C. 11301 et seq.) to militaw installations closed under MS part. For procedures rela~g tO

the use to assist the homeless of buildings and property at installations closed under this part

after the date of the enactment of this sentence, see paragraph (7).

(B)(i) Not later than the date on which the Secretary of Defense completes the

determination under paragraph (5) of the transferability of ~Y portion of an installation to

be closed under this part, the Secretary shall—

(1) complete any determinations or surveys necessary to determine whether any

building or property referred to in clause (ii) is excess property, surplus property, or

unutilized or underutilized property for the purpose of the information referred to in

section 501(a) of such Act (42 U.S.C. l1411(a)); and

(II) submit to the Secretary of Housing and Urban Development information on any

building or property that is so determined.

(ii) The buildings and property referred to in clause (i) are any buildings or property

located at an installation referred to in that clause for which no use is identified, or of

which no Federal department or agency will accept transfer, pursuant to the

determination of transferability referred to in that clause.

(C) Not later than 60 days after the date on which the Secretary of Defense submits

information to the Secretary of Housing and Urban Development under subparagraph (B)(ii),

the Secretary of Housing and Urban Development shall—

(i) identify the buildings and property described in such information that are suitable

for use to assist the homeless;

(ii) notify the Secretary of Defense of the buildings and property that are so identified;

B-38 December 1997
DoD Base Reuse Implementation Manual

(iii) publish in the Federal Register a list of the buildings and property that are so

identified, including with respect to each building or property the information referred to

in section 501(c)(l)(B) of such Act; and

(iv) make available with respect to each building and property the information referred

to in section 501(c)(1)(C) of such Act in accordance with such section 501(c)(1)(C).

(D) ~Y builtigs and prope~ included in a list published under subparagraph (C)(iii)

shall be treated as property available for application for use to assist the homeless under

section 501(d) of such Act.

(E) The Secretary of Defense shall make available in accordance with section 501(f) of such

Act any buildings or property referred to in subparagraph (D) for which—

(i) a written notice of an intent to use such buildings or property to assist the homeless

is received by the Secretary of Health and Human Services in accordance with section

501(d)(2) of such Act;

(ii) an application for use of such buildings or prope@ for such purpose is submitted to

the Secretary of Health and Human Services in accordance with section 501(e)(2) of such

Act; and

(iii) the Secretary of Health and Human Services—

(I) completes all actions on the application in accordance with section 501(e)(3) of

such Act; and

(II) approves the application under section 501(e) of such Act.

(F)(i) Subject to clause (ii), a redevelopment authority may express in writing an interest in

using buildings and property referred to subparagraph (D), and buildings and property

referred to in subparagraph (B)(ii) which have not been identified as suitable for use to assist

the homeless under subparagraph (C), or use such buildings and property, in accordance

with the redevelopment plan with respect to the installation at which such buildings and

property are located as follows:

(I) If no written notice of an intent to use such buildings or property to assist the

homeless is received by the Secretary of Health and Human Services in accordance

with section 501(d)(2) of such Act during the 60-day period beginning on the date of

the publication of the buildings and property under subparagraph (C)(iii).

(II) In the case of buildings and property for which such notice is so received, if no

completed application for use of the buildings or proper@ for such purpose is received

by the Secretary of Health and Human Services in accordance with section 501(e)(2)

of such Act during the 90-day period beginning on the date of the receipt of such

notice.

(111) In the case of buildings and property for which such application is so received,

if the Secretary of Health and Human Services rejects the application under section

501(e) of such Act.

(ii) Buildings and property shall be available only for the purpose of permitting a

redevelopment authority to express in writing an interest in the use of such buildings

and property, or to use such buildings and property, under clause (i) as follows:

(I) In the case of buildings and property referred to in clause (i)(I), during the oneyear period beginning on the first day after the 60-day period referred to in that

clause.

(II) In the case of buildings and property referred to in clause (i)(II), during the

one-year period beginning on the first day after the 90-day period referred to in that

clause.

(III) In the case of buildings and property refereed to in clause (i)(III), during the

one-year period beginning on the date of the rejection of the application referred to in

that clause.

December 1997 B-39
Defense Base Closure and Realignment Act of 1990, as amended

(iii) A redevelopment authority shall express an interest in the use of buildings and

property under this subparagraph by notifying the Secretary of Defense, in writing, of

such an interest.

(G)(i) Buildings and property available for a redevelopment authority under subparagraph

(F) shall not be available for use to assist the homeless under section 501 of such Act while so

available for a redevelopment authority.

(ii) If a redevelopment authority does not express an interest in the use of buildings or

property, or commence the use of buildings or property, under subparagraph (F) within

the applicable time periods specified in clause (ii) of such subparagraph, such buildings

or property shall be treated as property available for use to assist the homeless under

section 501(a) of such Act.

(7)(A) The disposal of buildings and property located at installations approved for closure or

realignment under this part after October 25, 1994, shall be carried out in accordance with this

paragraph rather than paragraph (6).

(B)(i) Not later than the date on which the Secretary of Defense completes the final

determinations referred to in paragraph (5) relating to the use or transferability of any

portion of an installation covered by this paragraph, the Secretary shall—

(I) identifi the buildings and proper@ at the installation for which the Department

of Defense has a use, for which another department or agency of the Federal

Government has identified a use, or of which another department or agency will

accept a transfer;

(II) take such actions as are necessary to identifi any building or property at the

installation not identified under subclause (I) that is excess property or surplus

property;

(III) submit to the Secretary of Housing and Urban Development and to the

redevelopment authority for the installation (or the chief executive officer of the State

in which the installation is located if there is no redevelopment authority for the

installation at the completion of the determination described in the stem of this

sentence) information on any building or property that is identified under subclause

(II); and

(IV) publish in the Federal Register and in a newspaper of general circulation in

the communities in the vicinity of the installation information on the buildings and

property identified under subclause (II).

(ii) Upon the recognition of a redevelopment authority for an installation covered by

this paragraph, the Secretary of Defense shall publish in the Federal Register and in a

newspaper of general circulation in the communities in the vicinity of the installation

information on the redevelopment authority.

(C)(O State tid 10CSI governments, representatives of the homeless, and other interested

parties located in the communities in the vicinity of an installation covered by this paragraph

shall submit to the redevelopment authority for the installation a notice of the interest, if

any, of such governments, representatives, and parties in the buildings or property, or any

portion thereof, at the installation that are identtiled under subparagraph (B)(i)(II). A notice

of interest under this clause shall describe the need of the government, representative, or

party concerned for the buildings or property covered by the notice.

(ii) The redevelopment authority for an installation shall assist the governments,

representatives, and parties referred to in clause (i) in evaluating buildings and property

at the installation for purposes of this subparagraph.

(iii) In providing assistance under clause (ii), a redevelopment authority shall—

(1) consult with representatives of the homeless in the communities in the vicinity

of the installation concerned; and

B-40 December 7997
DoD Base Reuse Imdementation Manual

(11) undertake outreach efforts to provide information on the buildings and

property to representatives of the homeless, and to other persons or entities

interested in assisting the homeless, in such communities.

(iv) It is the sense of Congress that redevelopment authorities should begin to conduct

outreach efforts under clause (iii)(II) with respect to an installation aa soon as is

practicable after the date of approval of closure of the installation.

(D)(i) State and 10cal governments, representatives of the homeless, and other interested

parties shall submit a notice of interest to a redevelopment authority under subparagraph

(C) not later than the date specified for such notice by the redevelopment authority.

(ii) The date specified under clause (i) shall be-

(I) in the case of an installation for which a redevelopment authority has been

recognized as of the date of the completion of the determinations referred to in

paragraph (5), not earlier than 3 months and not later than 6 months after that date;

and

(II) in the case of an installation for which a redevelopment authority is not

recognized as of such date, not earlier than 3 months and not later than 6 months

after the date of the recognition of a redevelopment authority for the installation.

(iii) Upon specifying a date for an installation under this subparagraph, the

redevelopment authority for the installation shall—

(1) publish the date specified in a newspaper of general circulation in the

communities in the vicinity of the installation concerned; and

(II) notifi the Secretary of Defense of the date.

(E)(i) In submitting to a redevelopment authority under subparagraph (C) a notice of

interest in the use of buildings or property at an installation to assist the homeless, a

representative of the homeless shall submit the following

(I) A description of the homeless assistance program that the representative

proposes to carry out at the installation.

(II) An assessment of the need for the program.

(HI) A description of the extent to which the program is or will be coordinated with

other homeless assistance programs in the communities in the vicinity of the

installation.

(IV) A description of the buildings and property at the installation that are

necessary in order to carry out the program.

W’) A description of the financial plan, the organization, and the organizational

capacity of the representative to carry out the program.

(W ~ assessment of the time required in order to commence carrying out the

program.

(ii) A redevelopment authority may not release to the public any information submitted

to the redevelopment authority under clause (i)(V) without the consent of the

representative of the homeless concerned unless such release is authorized under Federal

law and under the law of the State and communities in which the installation concerned

is located.

(F)(i) The redevelopment authority for each installation covered by this paragraph shall

prepare a redevelopment plan for the installation. The redevelopment authority shall, in

preparing the plan, consider the interests in the use to assist the homeless of the buildings

and property at the installation that are expressed in the notices submitted to the

redevelopment authority under subparagraph (C).

(ii)(I) In connection with a redevelopment plan for an installation, a redevelopment

authority and representatives of the homeless shall prepare legally binding agreements

that provide for the use to assist the homeless of buildings and property, resources, and

assistance on or off the installation. The implementation of such agreements shall be

December 7997 B-41
Defense Base Closure and Reaiicanment Act of 1990. as amended

contingent upon the decision regarding the disposal of the buildings and property covered

by the agreements by the Secretary of Defense under subparagraph (K) or (L).

(II) Agreements under this clause shall provide for the reversion to the

redevelopment authority concerned, or to such other entity or entities as the

agreements shall provide, of buildings and property that are made available under

this paragraph for use to assist the homeless in the event that such buildings and

property cease being used for that purpose.

(iii) A redevelopment authoria shall provide opportunity for public comment on a

redevelopment plan before submission of the plan to the Secretary of Defense and the

Secretary of Housing and Urban Development under subparagraph (G).

(iv) A redevelopment authoriw shall complete preparation of a redevelopment plan for

an installation and submit the plan under subparagraph (G) not later than 9 months

after the date spectiled by the redevelopment authori~ for the installation under

subparagraph (D).

(G)(i) Upon completion of a redevelopment plan under subparagraph (F), a redevelopment

authority shall submit an application containing the plan to the Secretary of Defense and to

the Secretary of Housing and Urban Development.

(ii) A redevelopment authority shall include in an application under clause (i) the

following:

(I) A copY of the redevelopment plan, including a summary of any public comments

on the plan received by the redevelopment authority under subparagraph (F)(iii).

(II) A COPY of each notice of interest of use of buildings and property to assist the

homeless that was submitted to the redevelopment authority under subparagraph

(C), together with a description of the manner, if any, in which the plan addresses the

interest expressed in each such notice and, if the plan does not address such an

interest, an explanation why the plan does not address the interest.

(III) A summary of the outreach undertaken by the redevelopment authority under

subparagraph (C)(iii)(II) in preparing the plan.

(IV) A statement identi&ing the representatives of the homeless and the homeless

assistance planning boards, if any, with which the redevelopment authority consulted

in preparing the plan, and the results of such consultations.

(W An assessment of the manner in which the redevelopment plan balances the

expressed needs of the homeless and the need of the communities in the vicinity of

the installation for economic redevelopment and other development.

(VI) Copies of the agreements that the redevelopment authority proposes to enter

into under subparagraph (F)(ii).

(H)(i) Not later than 60 days after receiving a redevelopment plan under subparagraph (G),

the Secretary of Housing and Urban Development shall complete a review of the plan. The

purpose of the review is to determine whether the plan, with respect to the expressed

interest and requests of representatives of the homeless-

(1) takes into consideration the size and nature of the homeless population in the

communities in the vicinity of the installation, the availability of existing services in

such communities to meet the needs of the homeless in such communities, and the

suitability of the buildings and property covered by the plan for the use and needs of

the homeless in such communities;

(H) takes into consideration any economic impact of the homeless assistance under

the plan on the communities in the vicinity of the installation;

(III) balances in an appropriate manner the needs of the communities in the

vicinity of the installation for economic redevelopment and other development with

the needs of the homeless in such communities;

B-42 December 1997
DoD Base Reuse Imi)lementation Manual

(l_W was developed in consultation with representatives of the homeless and the

homeless assistance planning boards, if any, in the communities in the vicinity of the

installation; and

(V) specifies the manner in which buildings and property, resources, and assistance

on or off the installation will be made available for homeless assistance purposes.

(ii) It is the sense of Congress that the Secretary of Housing and Urban Development

shall, in completing the review of a plan under this subparagraph, take into

consideration and be receptive to the predominant views on the plan of the communities

in the vicinity of the installation covered by the plan.

(iii) The Secretary of Housing and Urban Development may engage in negotiations and

consultations with a redevelopment authority before or during the course of a review

under clause (i) with a view toward resolving any preliminary determination of the

Secretary that a redevelopment plan does not meet a requirement set forth in that

clause. The redevelopment authority may modify the redevelopment plan as a result of

such negotiations and consultations.

(iv) Upon completion of a review of a redevelopment plan under clause (i), the

Secretary of Housing and Urban Development shall noti& the Secretary of Defense and

the redevelopment authority concerned of the determination of the Secretary of Housing

and Urban Development under that clause.

(v) If the Secretary of Housing and Urban Development determines as a result of such

a review that a redevelopment plan does not meet the requirements set forth in clause (i),

a notice under clause (iv) shall include—

(1) an explanation of that determination; and

(II) a statement of the actions that the redevelopment authority must undertake in

order to address that determination.

(I)(i) Upon receipt of a notice under subparagraph (H)(iv) of a determination that a

redevelopment plan does not meet a requirement set forth in subparagraph (H)(i), a

redevelopment authority shall have the opportunity to-

(I) revise the plan in order to address the determination; and

(II) submit the revised plan to the Secretary of Defense and the Secretary of

Housing and Urban Development.

(ii) A redevelopment authority shall submit a revised plan under this subparagraph to

such Secretaries, if at all, not later than 90 days after the date on which the

redevelopment authority receives the notice referred to in clause (i).

(J)(i) Not later than 30 days after receiving a revised redevelopment plan under

subparagraph (I), the Secretary of Housing and Urban Development shall review the revised

plan and determine if the plan meets the requirements set forth in subparagraph (H)(i).

(ii) The Secretary of Housing and Urban Development shall noti~ the Secretary of

Defense and the redevelopment authority concerned of the determination of the

Secretary of Housing and Urban Development under this subparagraph.

(K)(i) Upon receipt of a notice under subparagraph (H)(iv) or (J)(ii) of the determination of

the Secretary of Housing and Urban Development that a redevelopment plan for an

installation meets the requirements set forth in subparagraph (H)(i), the Secretary of

Defense shall dispose of the buildings and property at the installation.

(ii) For purposes of carrying out an environmental assessment of the closure or

realignment of an installation, the Secretary of Defense shall treat the redevelopment

plan for the installation (including the aspects of the plan providing for disposal to State

or local governments, representatives of the homeless, and other interested parties) as

part of the proposed Federal action for the installation.

(iii) The Secretary of Defense shall dispose of buildings and property under clause (i) in

accordance with the record of decision or other decision document prepared by the

Secretary in accordance with the National Environmental Policy Act of 1969 (42 U.S.C.

December 1997 B-43
Defense Base Closure and Realignment Act of 1990, as amended

4331 et seq.). In preparing the record of decision or other decision document, the

Secretary shall give substantial deference to the redevelopment plan concerned.

(iv) The disposal under clause (i) of buildings and property to assist the homeless shall

be without consideration.

(v) ~ the case of a request for a conveyance under clause (i) of buildings and property

for public benefit under section 203(k) of the Federal Property and Administrative

Sefices Act of 1949 (40 U.S.C. 484(k)) or sections 47151 through 47153 of title 49,

United States Code, the sponsoring Federal agency shall use the eligibility criteria set

forth in such section or such subchapter (as the Case maybe) to determine the eligibility

of the applicant and use proposed in the request for the public benefit conveyance. The

determination of such eligibility should be made before submission of the redevelopment

plan concerned under subparagraph (G).

(L)(i) If the Secretary of Housing and Urban Development determines under subparagraph

(J) that a revised redevelopment plan for an installation does not meet the requirements set

forth in subparagraph (H)(i), or if no revised plan is so submitted, that Secretary shall—

(I) review the original redevelopment plan submitted to that Secretary under

subparagraph (G), including the notice or notices of representatives of the homeless

referred to in clause (ii)(II) of that subparagraph;

(II) cons~t with the representatives referred to in subclause (I), if any, for purposes

of evaluating the continuing interest of such representatives in the use of buildings or

property at the installation to assist the homeless;

(HI) request that each such representative submit to that Secretary the items

described in clause (ii); and

(IV) based on the actions of that Secretary under subclauses (I) and (II), and on anY

information obtained by that Secretary as a result of such actions, indicate to the

Secretary of Defense the buildings and property at the installation that meet the

requirements set forth in subparagraph (H)(i).

(ii) The Secretary of Housing and Urban Development may request under clause (i)(III)

that a representative of the homeless submit to that Secretary the following:

(I) A description of the program of such representative to assist the homeless.

(II) A description of the manner in which the buildings and property that the

representative proposes to use for such purpose will assist the homeless.

(HI) Such information as that Secretary requires in order to determine the

financial capacity of the representative to carry out the program and to ensure that

the program will be carried out in compliance with Federal environmental law and

Federal law against discrimination.

(IW A certification that police services, fire protection services, and water and

sewer services available in the communities in the vicinity of the installation

concerned are adequate for the program.

(iii) Not later than 90 days after the date of the receipt of a revised plan for an

installation under subparagraph (J), the Secretary of Housing and Urban Development

shall—

(I) notify the Secretary of Defense and the redevelopment authority concerned of

the buildings and property at an installation under clause (i)(IV) that the Secretary

of Housing and Urban Development determines are suitable for use to assist the

homeless; and

(II) notifj the Secretary of Defense of the extent to which the revised plan meets

the criteria set forth in subparagraph (H)(i).

(iv)(I) Upon notice from the Secretary of Housing and Urban Development with respect

to an installation under clause (iii), the Secretary of Defense shall dispose of buildings

and property at the installation in consultation with the Secretary of Housing and Urban

Development and the redevelopment authority concerned.

B-44 December 1997
DoD Base Reuse Imldementation Manual

(II) For purposes of carrying out an environmental assessment of the closure or

realignment of an installation, the Secretary of Defense shall treat the

redevelopment plan submitted by the redevelopment authority for the installation

(including the aspects of the plan providing for disposal to State or local

governments, representatives of the homeless, and other interested parties) as part of

the proposed Federal action for the installation. The Secretary of Defense shall

incorporate the notification of the Secretary of Housing and Urban Development

under clause (iii)(I) as part of the proposed Federal action for the installation only to

the extent, if any, that the Secretary of Defense considers such incorporation to be

appropriate and consistent with the best and highest use of the installation as a

whole, taking into consideration the redevelopment plan submitted by the

redevelopment authori@.

(III) ‘I’he Secretary of Defense shall dispose of buildings and property under

subclause (I) in accordance with the record of decision or other decision document

prepared by the Secretary in accordance with the National Environmental Policy Act

of 1969 (42 U.S.C. 4331 et seq.). In preparing the record of decision or other decision

document, the Secretary shall give deference to the redevelopment plan submitted by

the redevelopment authority for the installation.

(IV) The disposal under subclause (I) of buildings and property to assist the

homeless shall be without consideration.

(V) In the case of a request for a conveyance under subclause (I) of buildings and

property for public benefit under section 203(k) of the Federal Property and

Administrative Services Act of 1949 (40 U.S.C. 484(k)) or sections 47151 through

47153 of title 49, United States Code, the sponsoring Federal agency shall use the

eligibility criteria set forth in such section or such subchapter (as the case may be) to

determine the eligibility of the applicant and use proposed in the request for the

public benefit conveyance. The determination of such eligibility should be made

before submission of the redevelopment plan concerned under subparagraph (G).

(M)(i) In the event of the disposal of buildings and property of an installation pursuant to

subparagraph (K) or (L), the redevelopment authority for the installation shall be responsible

for the implementation of and compliance with agreements under the redevelopment plan

described in that subparagraph for the installation.

(ii) If a building or property reverts to a redevelopment authority under such an

agreement, the redevelopment authority shall take appropriate actions to secure, to the

maximum extent practicable, the utilization of the building or property by other

homeless representatives to assist the homeless. A redevelopment authority may not be

required to utilize the building or property to assist tie homeless.

(N) The Secretary of Defense may postpone or extend any deadline provided for under this

paragraph in the case of an installation covered by this paragraph for such period as the

Secretary considers appropriate if the Secretary determines that such postponement is in the

interests of the communities affected by the closure of the installation. The Secretary shall

make such determinations in consultation with the redevelopment authority concerned and,

in the case of deadlines provided for under this paragraph with respect to the Secretary of

Housing and Urban Development, in consultation with the Secretary of Housing and Urban

Development.

(0) For purposes of this paragraph, the term “communities in the vicinity of the

installation”, in the case of an installation, means the communities that constitute the

political jurisdictions (other than the State in which the installation is located) that comprise

the redevelopment authority for the installation.

(P) For purposes of this paragraph, the term “other interested parties”, in the case of an

installation, includes any parties eligible for the conveyance of property of the installation

under section 203(k) of the Federal Property and Administrative Services Act of 1949 (40

December 1997 B-45
Defense Base Closure and Realignment Act of 1990, as amended

U.S.C. 484(k)) or sections 47151 through 47153 of title 49, United States Code, whether or

not the parties assist the homeless.

(8)(A) Subject to subparagraph (C), the Secretary may enter into agreements (including

contracts, cooperative agreements, or other arrangements for reimbursement) with 10CEJ

governments for the provision of police or security services, fire protection services, airfield

operation services, or other community services by such governments at military installations to

be closed under this part, or at facilities not yet transferred or otherwise disposed of in the case

of installations closed under this part, if the Secretary determines that the provision of such

services under such agreements is in the best interests of the Department of Defense.

(B) The Secretau may exercise the authority provided under this paragraph without

regard to the provisions of chapter 146 of title 10, United States Code.

(C) The Secretary may not exercise the authority under subparagraph (A) with respect to

an installation earlier than 180 days before the date on which the installation is to be closed.

(D) The Secretary shall include in a contract for services entered into with a local

government under this paragraph a clause that requires the use of professionals to furnish

the services to the extent that professionals are available in the area under the jurisdiction of

such government.

(c) APPLIC== OF NATIONAL E-o~w PoLICY ACT OF 1969.-(1) The provisions of

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply to the actions

of the President, the Commission, and, except as provided in paragraph (2), the Department of

Defense in carrying out this part.

(2)(A) The provisions of the National Environmental Policy Act of 1969 shall apply to actions of

the Department of Defense under this part (i) during the process of property disposal, and (ii)

during the process of relocating functions from a military installation being closed or realigned to

another military installation after the receiving installation has been selected but before the

fb.nctions are relocated.

(B) In applying the provisions of the National Environmental Policy Act of 1969 to the

processes referred to in subparagraph (A), the Secretary of Defense and the Secretary of the

military departments concerned shall not have to consider—

(i) the need for closing or realigning the military installation which has been

recommended for closure or realignment by the Commission;

(ii) the need for transferring functions to any military installation which has been

selected as the receitig installation; or

(iii) military installations alternative to those recommended or selected.

(3) A civil action for judicial review, with respect to any requirement of the National

Environmental Policy Act of 1969 to the extent such Act is applicable under paragraph (2), of ~Y

act or failure to act by the Department of Defense during the closing, realigning, or relocating of

functions referred to in clauses (i) and (ii) of paragraph (2)(A), may not be brought more than 60

days after the date of such actor failure to act.

(d) WAWER.-The Secretary of Defense may close or realign military installations under this part

without regard to-

(1) any provision of law restricting the use of funds for closing or realigning military

installations included in any appropriations or authorization Act; and

(2) sections 2662 and 2687 of title 10, United States Code.

(e) TRANSFER AHo~ m CONNECTION WITH PAYMENT OF E~orwmZN’Tm REMEDIATION

COSTS.-(l)(A) Subject to paragraph (2) of this subsection and section 120(h) of the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)), the Secretaw

may enter into an agreement to transfer by deed real property or facilities referred to in

subparagraph (B) with any person who agrees to perform all environmental restoration, waste

management, and environmental compliance activities that are required for the property or facilities

under Federal and State laws, administrative decisions, agreements (including schedules and

milestones), and concurrences.

B-46 December 1997
DoD Base Reuse Implementation Manual

(B) The real property and facilities referred to in subparagraph (A) are the real property

and facilities located at an installation closed or to be closed under this part that are

available exclusively for the use, or expression of an interest in a use, of a redevelopment

authority under subsection (b)(6)(F) during the period provided for that use, or expression of

interest in use, under that subsection.

(C) me Secretary may require any additional terms and conditions in connection with an

agreement authorized by subparagraph (A) as the Secretary considers appropriate to protect

the interests of the United States.

(2) A tr=sfer of real property or facilities may be made under paragraph (1) O~Y if the

Secretary certifies to Congress that-

(A) the costs of m environmental restoration, waste management, and environmental

compliance activities to be paid by the recipient of the property or facilities are equal to or

greater than the fair market value of the property or facilities to be transferred, as

determined by the Secretary; or

(B) if such costs are lower than the fair market value of the proper@ or facilities, the

recipient of the property or facilities agrees to pay the difference between the fair market

value and such costs.

(3) As part of an agreement under paragraph ( 1), the Secretary shall disclose to the person to

whom the property or facilities will be transferred any information of the Secretary regarding the

environmental restoration, waste management, and environmental compliance activities

described in paragraph (1) that relate to the property or facilities. The Secretary shall provide

such information before entering into the agreement.

(4) Nothing in this subsection shall be construed to modi&, alter, or amend the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or the

Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).

(5) Section 330 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-

484; 10 U.S.C. 2687 note) shall not apply to any transfer under this subsection to persons or

entities described in subsection (a)(2) of such section 330.

(6) The SecretaV may not enter into an agreement to transfer property or facilities under this

subsection after the expiration of the five-yea period beginning on the date of the enactment of

the National Defense Authorization Act for Fiscal Year 1994 [November 30, 1993].

(f) TRANSFER AUTHORITY IN CONNECTION WITH CONSTRUCTION OR PROVISION OF MILITARY FAMILY

HousING.--(1) Subject to paragraph (2), the Secretary may enter into an agreement to transfer by

deed real property or facilities located at or near an installation closed or to be closed under this part

with any person who agrees, in exchange for the real property or facilities, to transfer to the

Secretary housing units that are constructed or provided by the person and located at or near a

military installation at which there is a shortage of suitable housing to meet the requirements of

members of the Armed Forces and their dependents. The Secretary may not select real property for

transfer under this paragraph if the property is identified in the redevelopment plan for the

installation as property essential to the reuse or redevelopment of the installation.

(2) A transfer of real property or facilities maybe made under paragraph (1) only if—

(A) the fair market value of the housing units to be received by the Secretary in exchange

for the property or facilities to be transferred is equal to or greater than the fair market

value of such property or facilities, as determined by the Secretary; or

(B) in the event the fair market value of the housing units is less than the fair market

value of property or facilities to be transferred, the recipient of the property or facilities

agrees to pay to the Secretary the amount equal to the excess of the fair market value of the

property or facilities over the fair market value of the housing units.

(3) Notwithstanding paragraph (2) of section 2906(a), the Secretary may deposit funds received

under paragraph (2)(B) in the Department of Defense Family Housing Improvement Fund

established under section 2873(a) of title 10, United States Code.

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Defense Base Closure and Realignment Act of 1990, as amended

(4) The Secretary shall submit to the congressional defense committees a report describing

each agreement proposed to be entered into under paragraph (1), including the consideration to

be received by the United States under the agreement. The Secretary may not enter into the

agreement until the end of the 30-day period beginning on the date the congressional defense

committees receive the report regarding the agreement.

(5) The Secretary may require any additional terms and conditions in connection with an

agreement authorized by this subsection as the Secretary considers appropriate to protect the

interests of the United States.

(g) ACQUISITION OF ~ACT~D HOUS~G.-(l) In closing or refign~g ~Y military

installation under this part, the Secretary may purchase any or all right, title, and interest of a

member of the Armed Forces and any spouse of the member in manufactured housing located at a

manufactured housing park established at an installation closed or realigned under this part, or

make a payment to the member to relocate the manufactured housing to a suitable new site, if the

Secretary determines that—

(A) it is in the best interests of the Federal Government to eliminate or relocate the

manufactured housing park, and

(B) the elimination or relocation of the manufactured housing park would result in an

unreasonable financial hardship to the owners of the manufactured housing.

(2) Any payment made under this subsection shall not exceed 90 percent of the purchase price

of the manufactured housing, as paid by the member or any spouse of the member, plus the cost

of any permanent improvements subsequently made to the manufactured housing by the

member or spouse of the member.

(3) The Secret=y shall dispose of manufactured housing acquired under this subsection

through resale, donation, trade or otherwise within one year of acquisition.

SEC. 2906. ACCOUNT

(a) IN GENERAL.-(1) There is hereby established on the books of the Treasury an account to be

known as the “Department of Defense Base Closure Account 1990” which shall be administered by

the Secretary as a single account.

(2) There shall be deposited into the Account—

(A) funds authorized for and appropriated to the Account;

(B) any funds that the Secretary may, subject to approval in an appropriation Act, transfer

to the Account horn funds appropriated to the Department of Defense for any purpose, except

that such funds may be transferred only after the date on which the Secretary transmits

written notice of, and justification for, such transfer to the congressional defense committees;

(C) except as provided in subsection (d), proceeds received from the lease, transfer, or

disposal of any property at a military installation closed or realigned under this part; and

(D) proceeds received after September 30, 1995, from the lease, transfer, or disposal of any

property at a military installation closed or realigned under title II of the Defense

Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10

U.S.C. 2687 note).

(b) USE OF FUNDS.-( 1) The Secretary may use the funds in the Account only for the purposes

described in section 2905, or, after September 30, 1995, for environmental restoration and property

management and disposal at installations closed or realigned under title II of the Defense

Authorization Amendments and Base Closure and Re~i~ent Act (Public Law 100-526; 10 U.S.C.

2687 note).

(2) When a decision is made to use fimds in the Account to carry out a construction project

under section 2905( a) and the cost of the project will exceed the maximum amount authorized by

law for a minor military construction project, the Secretary shall notifj in writing the

congressional defense committees of the nature of, and justification for, the project and the

amount of expenditures for such project. A.uy such construction project may be carried out

without regard to section 2802(a) of title 10, United States Code.

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(c) REPORTS.--(1)(A) NO later than 60 days after the end of each fiscal year in which the Secretary

carries out activities under this part, the Secretary shall transmit a report to the congressional

defense committees of the amount and nature of the deposits into, and the expenditures from, the

Account during such fiscal year and of the amount and nature of other expenditures made pursuant

to section 2905(a) during such fiscal year.

(B) The repofi for a fiscal year shall include the following

(i) The obligations and expenditures from the Account during the fiscal year, identified

by subaccount, for each military department and Defense Agency.

(ii) The fiscal year in which appropriations for such expenditures were made and the

fiscal year in which funds were obligated for such expenditures.

(iii) Each military construction project for which such obligations and expenditures

were made, identified by installation and project title.

(iv) A description and explanation of the extent, if any, to which expenditures for

military construction projects for the fiscal year differed from proposals for projects and

funding levels that were included in the justification transmitted to Congress under

section 2907(1), or otherwise, for the tiding proposals for the Account for such fiscal

year, including an explanation of—

(I) any failure to carry out military construction projects that were so proposed; and

(II) any expenditures for military construction projects that were not so proposed.

(2) Unobligated funds which remain in the Account after the termination of the authority of the

Secretary to carry out a closure or realignment under this part shall be held in the Account until

transfen-ed by law after the congressional defense committees receive the report transmitted

under paragraph (3).

(3) NO later than 60 days after the termination of the authority of the Secretary to carry out a

closure or realignment under this part, the Secretary shall transmit to the congressional defense

committees a report containing an accounting of—

(A) all the funds deposited into and expended from the Account or otherwise expended

under this part; and

(B) anY amount remaining in the Account.

(d) DISPOSW OR ~smm OF Comss=Y STORES w PROPERTY l%ntc~m WNONAPPROPRIATED 13’mwm%-( 1) If any real property or facility acquired, constructed, or improved

(in whole or in part) with commissary store funds or nonappropriated fimds is transferred or

disposed of in connection with the closure or realignment of a military installation under this part, a

portion of the proceeds of the transferor other disposal of property on that installation shall be

deposited in the reserve account established under section 204(b)(7)(C) of the Defense Authorization

fknendments and Base Closure and Realignment Act (10 U.S.C. 2687 note).

(2) The amount so deposited shall be equal to the depreciated value of the investment made

with such fimds in the acquisition, construction, or improvement of that particular real property

or facility. The depreciated value of the investment shall be computed in accordance with

regulations prescribed by the Secretary of Defense.

(3) The Secretmy may use amounts in the account (in such an aggregate amount as is provided

in advance in appropriation Acts) for the purpose of acquiring, constructing, and improving—

(A) commissary stores; and

(B) real property and facilities for nonappropriated fund instrumentalities.

(4) As used in this subsection:

(A) The term “commissary store fimds” means funds received from the adjustment of, or

surcharge on, selling prices at commissary stores fixed under section 2685 of title 10, United

States Code.

(B) The term “nonappropriated funds” means finds received from a nonappropriated fund

instrumentality.

(C) The term “nonappropriated fund instrumentality” means an instrumentality of the

United States under the jurisdiction of the Armed Forces (including the Army and Air Force

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Defense Base Closure and Realignment Act of 1990, as amended

Exchange Setice, the Navy Resale and Services Support Office, and the Marine Corps

exchanges) which is conducted for the comfort, pleasure, contentment, or physical or mental

improvement of members of the Armed Forces.

(e) ACCOUNT EXCLUSIVE SOURCE OF l?UNDS FOR ENVIRONMENTAL RESTORATION PRomcTS.—

Except for funds deposited into the Account under subsection (a), fi.mds appropriated to the

Department of Defense may not be used for purposes described in section 2905 (a)(l)(C). The

prohibition in this subsection shall expire upon the termination of the authority of the Secretary to

carry out a closure or realignment under this part.

SEC. 2907. REPORTS

As part of the budget request for fiscal year 1993 and for each fiscal year thereafter for the

Department of Defense, the Secretary shall transmit to the congressional defense committees of

Congress—

(1) a schedule of the closure and realignment actions to be carried out under this part in the

fiscal year for which the request is made and an estimate of the total expenditures required and

cost savings to be achieved by each such closure and realignment and of the time period in which

these savings are to be achieved in each case, together with the Secretary’s assessment of the

environmental effects of such actions; and

(2) a description of the military installations, including those under construction and those

planned for construction, to which functions are to be transferred as a result of such closures and

realignments, together with the Secretary’s assessment of the environmental effects of such

transfers.

SEC. 2908. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT

(a) TERMS OF TEE FtESOLUTION.-For purposes of section 2904(b), the term “joint resolution”

means only a joint resolution which is introduced within the 10-day period beginning on the date on

which the President transmits the report to the Congress under section 2903(e), and—

(1) which does not have a preamble;

(2) the matter after the resolving clause of which is as follows: “That Congress disapproves the

recommendations of the Defense Base Closure and Realignment Commission as submitted by the

President on “, the blank space being filled in with the appropriate date; and

(3) the title of which is as follows: “Joint resolution disapproving the recommendations of the

Defense Base Closure and Realignment Commission.”.

(b) REFERRAL.-A resolution described in subsection (a) that is introduced in the House of

Representatives shall be referred to the Committee on Armed Services of the House of

Representatives. A resolution described in subsection (a) introduced in the Senate shall be referred

to the Committee on Armed Services of the Senate.

(C) DISCWGE.—If the committee to which a resolution described in subsection (a) is referred has

not reported such a resolution (or an identical resolution) by the end of the 20-day period beginning

on the date on which the President transmits the report to the Congress under section 2903(e), such

committee shall be, at the end of such period, discharged from further consideration of such

resolution, and such resolution shall be placed on the appropriate calendar of the House involved.

(d) CONSIDERATION .-(1) On or after the third day after the date on which the committee to which

such a resolution is referred has reported, or has been discharged (under subsection (c)) ffom fk-ther

consideration of, such a resolution, it is in order (even though a previous motion to the same effect

has been disagreed to) for any Member of the respective House to move to proceed to the

consideration of the resolution. A member may make the motion only on the day after the calendar

day on which the Member announces to the House concerned the Member’s intention to make the

motion, except that, in the case of the House of Representatives, the motion may be made without

such prior announcement if the motion is made by direction of the committee to which the resolution

was referred.

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The motion is highly privileged in the House of Representatives and is privileged in the Senate and

is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion

to proceed to the consideration of other business. A motion to reconsider the vote by which the

motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of

the resolution is agreed to, the respective House shall immediately proceed to consideration of the

joint resolution without intervening motion, order, or other business, and the resolution shall remain

the unfinished business of the respective House until disposed of.

(2) Debate on the resolution, and on all debatable motions and appeals in connection therewith,

shall be limited to not more than 2 hours, which shall be divided equally between those favoring

and those opposing the resolution. An amendment to the resolution is not in order. A motion

further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed

to the consideration of other business, or a motion to recommit the resolution is not in order. A

motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order.

(3) Immediately following the conclusion of the debate on a resolution described in subsection

(a) and a single quorum call at the conclusion of the debate if requested in accordance with the

rules of the appropriate House, the vote on final passage of the resolution shall occur.

(4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate

or the House of Representatives, as the case may be, to the procedure relating to a resolution

described in subsection (a) shall be decided without debate.

(e) CONSIDERATION BY OT~R HousE.-(1) If, before the passage by one House of a resolution of

that House described in subsection (a), that House receives from the other House a resolution

described in subsection (a), then the following procedures shall apply:

(A) ‘The resolution of the other House shall not be referred to a committee and may not be

considered in the House receiving it except in the case of final passage as provided in

subparagraph (B)(ii).

(B) With respect to a resolution described in subsection (a) of the House receiving the

resolution—

(i) the procedure in that House shall be the same as if no resolution had been received

born the other House; but

(ii) the vote on final passage shall be on the resolution of the other House.

(2) Upon disposition of the resolution received from the other House, it shall no longer be in

order to consider the resolution that originated in the receiving House.

(f) RULES OF THE SENATE AND HousE.—This section is enacted by Congress—

(1) as an exercise of the rulemaking power of the Senate and House of Representatives,

respectively, and as such it is deemed a part of the rules of each House, respectively, but

applicable only with respect to the procedure to be followed in that House in the case of a

resolution described in subsection (a), and it supersedes other rules only to the extent that it is

inconsistent ivith such rules; and

(2) with full recognition of the constitutional right of either House to change the rules (so far as

relating to the procedure of that House) at any time, in the same manner, and to the same extent

as in the case of any other rule of that House.

SEC. 2909. RESTRICTION ON OTHER BASE CLOSURE AUTHORITY

(a) IN G13NERA.L.-Except as provided in subsection (c), during the period beginning on the date of

the enactment of this Act and ending on December 31, 1995, this part shall be the exclusive

authority for selecting for closure or realignment, or for carrying out any closure or realignment of, a

military installation inside the United States.

(b) RESTRICTION.-Except as provided in subsection (c), none of the fknds available to the

Department of Defense maybe used, other than under this part, during the period specified in

subsection (a)-

(1) to identify, through any transmittal to the Congress or through any other public

announcement or notification, any military installation inside the United States as an

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Defense Base Closure and Realignment Act of 1990, as amended

installation to be closed or realigned or as an installation under consideration for closure or

realignment; or

(2) to carry out any closure or realignment of a military installation inside the United States.

(c) ExcEPTION.-Nothing in this part affects the authority of the Secretary to carry out—

(1) closures and realignments under title II of Public Law 100-526; and

(2) closures and realignments to which section 2687 of title 10, United States Code, is not

applicable, including closures and reali~ents c~ed out for reasons of nation~ security or a

military emergency referred to in subsection (c) of such section.

SEC. 2910. DEFINITIONS

As used in this part:

(1) The term “Account” means the Department of Defense Base Closure Account 1990

established by section 2906(a)(l).

(2) The term “congressional defense committees” means the Committee on Armed Services and

the Committee on Appropriations of the Senate and the Committee on National Security and the

Committee on Appropriations of the House of Representatives.

(3) The term “Commission” means the Commission established by section 2902.

(4) The term “military installation” means a base, camp, post, station, yard, center, homeport

facility for any ship, or other activity under the jurisdiction of the Department of Defense,

including any leased facility. Such term does not include any facility used primarily for civil

works, rivers and harbors projects, flood control, or other projects not under the primary

jurisdiction or control of the Department of Defense. [The preceding sentence shall take effect as

of November 5, 1990, and shaU apply as if it had been included in section 2910(4) of the Defense

Base Closure and Realignment Act of 1990 on that date.]

(5) The term “realignment” includes any action which both reduces and relocates fictions and

civilian personnel positions but does not include a reduction in force resulting from workload

adjustments, reduced personnel or funding levels, or skill imbalances.

(6) The term “Secretary” means the Secretary of Defense.

(7) The term “United States” means the 50 States, the District of Columbia, the Commonwealth

of Puerto Rico, Guam, the Virgin Islands, American Samoa, and any other commonwealth,

territory, or possession of the United States.

(8) The term “date of approval”, with respect to a closure or realignment of an installation,

means the date on which the authority of Congress to disapprove a recommendation of closure or

realignment, as the case may be, of such installation under this part expires. [The date of

approval of closure of any installation approved for closure before November 30, 1993 shall be

deemed to be November 30, 1993.1

(9) The term “redevelopment authority”, in the case of an installation to be closed under this

part, means any entity (including an entity established by a State or local government)

recognized by the Secretary of Defense as the entity responsible for developing the

redevelopment plan with respect to the installation or for directing the implementation of such

plan. [The above reuiswn shall take effect as if included in the amendments made by section 2918

of Pub. L. 103-160.1

(10) The term “redevelopment plan” in the case of an installation to be closed under this part,

means a plan that—

(A) is agreed to by the local redevelopment authority with respect to the installation; and

(B) provides for the reuse or redevelopment of the real property and personal property of

the installation that is available for such reuse and redevelopment as a result of the closure

of the installation.

(11) The term “representative of the homeless” has the meaning given such term in section

501(i)(4) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. ll411(i)(4))-

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SEC. 2911. CMRIFYING AMENDMENT

Section 2687(e)(1) of title 10, United States Code, is amended—

(1) by insefig “homeport facilib for any ship,” after “center:; and

(2) by s*g out “~der the jurisdiction of the Secretary of a military department” and

inserting in lieu thereof %nder the jurisdiction of the Department of Defense, including any

leased facility,”.

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