AppendixA

laws and Regulations Affecting

Base Reuse Implementation

The Defense Authorization Amendments and Base Closure and Realignment Act

of 1988 (BCRA 88, Title II of Pub. L. 100-526, 10 U.S.C. ~ 2687 note), and the

Defense Base Closure and Realignment Act of 1990 (DBCRA 90, Part A of Title

XXIX of Pub. L. 101-510,10 U.S.C. $2687 note), establish the basic requirements

for identifying and implementing domestic military base closures and

realignments.

Since their enactment, the base closure laws have been amended and

supplemented by several key statutes, including

The National Defense Authorization Act for Fiscal Years 1992 and 1993

(NDAA 92/93, Pub. L. 102-190).

The National Defense Authorization Act for Fiscal Year 1993 (NDAA 93,

Pub. L. 102-484).

The National Defense Authorization Act for Fiscal Year 1994, which includes

the Base Closure Community Assistance Act, the “Pryor Amendments,” as

Title XXIX (NDAA 94, Pub. L. 103-160).

The National Defense Authorization Act for Fiscal Year 1995 (NDAA 95,

Pub. L. 103-337).

The Base Closure Community Redevelopment and Homeless Assistance Act

of 1994 (“Redevelopment Act,” Pub. L. i03-421).

Collectively, these laws contain provisions that authorize or require the Secretary

of Defense to take actions to initiate and implement base realignment and closure

(BRAC) decisions. Installations affected by BRAC decisions are referred to as

BRAC installations. In addition, these laws identify other applicable legal

authorities, thereby creating the current system of rules that govern base reuse

implementation.

December 1997 A-1
Laws and Regulations Affecting Base Reuse Implementation

Provisions in the laws listed above authorize the Secretary of Defense to:

●

●

●

●

●

●

●

●

●

●

●

●

Provide assistance to communities that experience adverse economic

circumstances as a result of base closures or realignments.

Work with local redevelopment authorities (LRAs) to identify and

implement means of reutilizing or redeveloping BRAC installations.

Designate a Base Transition Coordinator for each closing base to facilitate

base reuse implementation.

Ensure that the needs of the homeless within the local community are taken

into consideration during redevelopment planning.

Complete Federal, State, and local screening of excess and surplus real

property within clearly specified timeframes.

Inventory and transfer personal property to reapients of real estate under

certain circumstances.

When necessary to support economic redevelopment, convey items of

personal property directly to LR4s.

Complete environmental impact analysis activities within speafied times to

support disposal decision making.

Maintain minimum levels of maintenance and repair necessary to support

non-military reuse for specific time periods.

Lease property to LRAs at less than fair market rental value when it is in the

public interest.

Convey real and personal property to LR4s at less than fair market value

when appropriate to support economic redevelopment and when other

authorized disposal methods cannot meet that goal.

Establish separate transfer accounts to fund, and receive proceeds from, base

reuse implementation activities.

Specific laws referenced in BCRA 88 and DBCRA 90, as amended by NDA4 94,

and BCCRHAA 94 include the following:

. The Stewart B. McKirmey Homeless Assistance Act, as amended

(McKinney Act) [42 U.S.C. $11301 et seq.], governs the identification and

utilization of buildings and property that are suitable for homeless assistance

on many BRAC 88, BRAC 91 and BRAC 93 installations. BRAC 95 bases

have been specifically exempted from the provisions of the McKinney Act

and are only subject to the provisions of the Redevelopment Act.

A-2 December 1997
DoD Base Reuse Imdementation Manual

● Sections 203 and 204 of the Federal Property and Administrative Services

Act of 1949, as amended (FPASA or “49 Act”) [40 U.S.C. 3$483, 484], govern

the utilization of excess Federal property and the disposal of surplus Federal

property.

. Public Law 103-272 (1994), which remodified Section 13(g) of the Surplus

Property Act of 1944 (SPA or “44 Act”) [49 U.S.C. $$ 47151-47153], governs

the disposal of surplus Federal property for use as a public airport. [formerly

codified at 50 U.S.C. App. ~ 1622(g)].

● The Act of May 19,1948, as amended [16 U.S.C. ~ 667b-d], governs the

transfer of Federal property to State agencies, or to the Department of the

Interior, for wildlife conservation purposes.

. The National Environmental Policy Act of 1969, as amended (NEPA)

[42 U.S.C. ~ 4321 et seq.], requires the Federal Government to assess the

potential environmental impacts of its proposed action to dispose of surplus

Federal property prior to making final disposal decisions.

● Section 120 of the Comprehensive Environmental Response,

Compensation, and Liability Act, as amended (CERCLA)

[42 U.S.C. $9601 et seq.], governs:

— Responses to releases of hazardous substances, pollutants, or

contaminants.

— Deed notification and covenant and lease notification requirements for

property transfer at BRAC installations. [Note: In some cases, property

can now be transferred to private parties before remedial action has been

taken and the covenant requirements have been fulfilled.]

● Other applicable statutes that protect natural and cultural resources and

govern environmental responses on Federal lands.

The above statutes, their implementing regulations, and the provisions of

BCRA 88, DBCRA 90, NDAA 92/93, NDAA 93, NDAA 94, NDAA 95 and the

Redevelopment Act listed above, define the basic legal framework for base reuse

implementation. This legal framework is depicted in Figure A-1, which identifies

the two base closure laws, and other relevant laws or categories of laws

(including certain statutory references) that affect base reuse implementation.

The statutes and regulations shown in Figure A-1 are summarized for easy

reference in Table A-1. Table A-1 also includes items not depicted on Figure A-1

as well as pertinent Department of Defense (DoD) directives (not shown in

Figure A-1) and other regulations that provide guidance for implementing the

Federal requirements. Table A-2 summarizes the legal authorities governing the

disposal of surplus Federal property. Table A-3 identifies deadlines that have

been established by Federal law to encourage timely completion of base reuse

implementation and economic conversion.

December 1997 A-3
PRF$KM Part 12/4 Pail 176 10147,2 $10147,3 ?J 10147.3 ~ 101-47.3 ‘,1.,~$%~q$ !74, t75 1503-1517

AHPA Archaeological and Hisloric Preservation Act

AHERA Asbestos Hazard Emergency Response Act

AIRFA American Indian Religious Freadom Act

ARARs Applicable or Relevant end Appropriate

Requirements (including State Laws)

BGEPA Bald and Golden Eagle Protection Act

CAA Clean Air Act, as amended

CERCLAComprehensive Environmental Response,

Compensation and Liability Act, as amended

CWA Clean Waler Act

CZMA Coastal Zone Management Act

E.O. Executive Order

ESA Endangered Species Act

FIFRA Federal Insecticide, Fungicide, and

Rodenticide Act

FPASA Federal Property and Administrative

Services Act, as amended

FPMR Federal Property Management Regulations

~;f:;;;*,,r~.,<.$,,..,,,. .%:’% 1.. :*y#.:& . . . . . . . . . . . . ‘. zm.3mxw~js~~;pti% ,..:: . . . . . ...+..... ,,, : . . . . . . . . . . . . . . . . . . . . . . . *,,,, ,,$,:*,:,;:,,,, ~w .}, , .,., ,:,; ,,,,.:,,..:,;~:*?i,::.,:.:,,,:,.,..,.,.,.:.:;.:.,. . “‘ ““’’-’?:%s??j%::wi:%::

FWCA Fish and wildlife Coordination Act

LRA Local Redevelopment Authority

MBTA Migratory Bird Treaty Act

NAGPRA Native American Graves Protection and

Repatriation Act

NDAA National Defense Authorization Acls for

Fiscal Years 1992/1993, 1993, 1994, and 1995

NEPA National Environmental Policy Act

NHPA National Historic Preservation Act

RCRA Resourca Conservation and Recovery Act,

as amended

RLBPHRA Residential Lead-Based Paint Hazard Reduction Act

SDWA Safe Drinking Water Act, as amended

SPA Surplus Property Act; Pubtic Law 103-272

remodified the SPA (with changes)

TSCA Toxic Substances Control Act

WPFPA Watershed Protection and Flood Prevention Acl

WSRA Wld and Scmic Rivers Act

@%2;*2.:w3.: . . . . . . . . . ..>.> . ..> . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~.

,. ~,. . . . . . . . . . . . . . . . ,f$,;j..:.,: ,.. ,, ,.. . . . . . . . . . . . ,... ‘ “-’’%*%Xr*&!i ,, .,, . . . . . . . . . . . . . ...1 “, “~ “ ‘, ‘.’ ...,...‘ : “M,~‘“’ “’”” ;, . . . . . - “z-’ “’”:’,’”~’’’+,<$ ..*.,$.**> <t$t$ -,.>*.:.. , .?...,,,... ;~,-: $,.,.,,., : >, ..,.,...’.,, :fl.!.: ..,, ..> .?,<, ‘,

I i i

- RCRA CAA BGEPA

ARARs, SDWA cztM

including

Sbk bwa RLEIPHRA E.O. 1198S

E.O. 12Wfr TSC4 E.O. 11990

- FIFRA E.O. 120SS

- AHERA - ES4

- We Law - FWCA

- MBTA

- NAGPPA

- NHPA

- V@FPA

- WSRA

L We Lsws
DoD Base Reuse Implementation Manual

Table A-1. Legal Authorities Affecting Base Reuse Implementation

Defense Base Closure and

{ealignrnent Act of 1990

DBCRA 90), Pub. L. 101-510,

,0 U.S.C. $ 26S7 note

Qational Def ense

authorization Act for Fiscal

fears 1992 and 1993

NDAA 92/93),

‘ub. L. 102-190 ~ 334(a), 2821,

!827

Wational Defense

authorization Act for Fiscal

fear 1993 (NDAA 93),

?ub. L. 102-484

5

Novembe

19s0

5

kember

1991

7.3 Cctobti

19s2

● Provides procedures to facilitate

the closure and realignment of

obsolete or unnecessary military

installations

● Requires compliance with the

FPASA, SFA, NEPA and

environmental laws

● Calls for completion of all

BRAC 88 actions by

30 September 1995

● Provides a process designed to

result in timely closure and

realignment of military

installations

● Requires compliance with the

FPASA, SPA, the May 19,1948

Act, environmental laws, and

NEPA (but no EIS is required

for closure)

● Requires that all BRAC 91 base

closures and realignments be

complete by 10 July 1997

●

●

●

Requires that Draft Final RI/FSs

for BRAC 88 bases on the NPL

be submitted to EPA by

4 December 1993 (24 months).

Draft Final RI/FSs for BRAC 91

bases on the NPL must be

submitted to EPA by

4 December 1994 (36 months)

Allows for a six-month

extension under certain

conditions

Amended DBCRA 90 to clarify

requirements of the

Commission and to establish

the BlU4C account as the sole

source of environmental

restoration funding

● Made funds available to the

Economic Development

Administration (EDA) for

economic adjustment assistance

with respect to base closures

Seaetary of

Defense, with

delegated

authority to the

DoD

Components

(base closure and

conversion

implementation)

Seaetary of

Defense, with

delegated

authority to the

DoD

Components

(base closure and

conversion

iznplementation)

DoD

Components

kaetary of

Nense

Defense

Authorization Acts,

including BRAC

Statutes and

amendments

December 1997 A-5
Laws and Regulations Affecting Base Reuse Implementation

Table A-1. Legal Authorities Affecting Base Reuse Implementation

Uational Defsmse

authorization Act for Fiscal

fear 1994 (NDAA 94),

%b. L. 103-160, Title

WIX, ~~ 2901-2930; 32 CFR

‘arts 174, 175

Wational Defense

authorization Act for Fiscal

fear 1995 (hTDAA 95), Pub. L.

103-337

Base Closure Community

Redevelopment and Homeless

Assistance Act of 1994

&edevelopment Act),

Pub. L. 103421; 32 CFR Part

176

National Defense

Authorization Act for Fkcal

Year 1996 (h~AA 96), Pub. L.

104-106

30

bernbe]

19s3

5 mob-??

1994

!.5 Octobe

1s94

10

February

1996

) Amendments are speafic to

personal property, real property

screening, McKinney Act

compliance, leasing, contracting

with communities or

small/disadvantaged

businesses, transferring

property at less than fair market

value, and economic adjustment

assistance

b Also contains provisions for

base transition coordinators,

CERCLA $ 120(h)(4)

compliance, and NEPA

compliance

I Provides assistance for public

partiapation in Department of

Defense environmental

restoration activities

I Includes clarifying and

technical amendments to

BCR488 and DBCIW 90

b Amends BCRA 88 and

DBCRA 90

8 Exempts BRAC 95 installations

from the Stewart B. McKirmey

Homeless Assistance Act

(others may request exemption)

b Establishes a new process for

LRA accommodation of

homeless assistance needs

during redevelopment plaming

b Provides for longer term interim

leases

D Amends the Redevelopment

Act

, Establishes a new property

transfer authority called a

leaseback

B Allows DoD to transfer BWC

property in exchange for the

construction of family housing

*cretary of

Defense, with

delegated

authority to the

DoD

Components

(base closure and

conversion

implementation)

5eaetary of

Defense, with

delegated

authority to the

DoD

Components

(base closure and

conversion

implementation)

Secretary of

Housing and

Urban

Development;

Secretary of

Defense, with

delegated

auth&ity to the

DoD

Components

(base closure and

conversion

implementation)

Seaetary of

Defense, with

delegated

authority to the

DoD

Components

(base closure and

conversion

implementation)

A-6 December 1997
DoD Base Reuse Implementation Manual

Table A-1. Legal Authorities Affecting Base Reuse Implementation

Jational Defense

iuthorfzation Act for Fiscal

fear 1997 (NDAA 97), Pub. L.

04-201

‘ederal Property and

Mrninistrative Services Act

FPASA),

:0 U.s.c. ~ 471 et seq.;

‘ederal Property Management

~egulations,

1 CFR Part 101-47

Real Property) and

,1 CFR Parts 101-4>101-45

Personal Property)

‘W@IS p~pe~ Act f5PAJ, O U.S.C. @p. $ 1622(d)

nd 49 U.S.C. ~$ 47151-47153

ict of May 19,1948,

,6 U. S. C.5667b-d

Stewart B. McKinney

~omeless Assistance Act

JlcKimey Act),

Q U.s.c. S 11301 et seq.

30 June

1949

3 October

1944

19 May

1%8

22 July

19s7

.

Restored authority for

intragovernrnent transfers at

BR4C 88 sites

Allows DoD to contract for

police and fire protection at

facilities remaining on property

not yet transferred

Allows property to be

transferred before cleanup is

complete

‘rovides a mechanism for:

the utilization of excess Federal

property

the disposal of surplus Federal

property

the procurement and supply of

personal property and nonpersonal services

records management

Governs power transmission

line disposals in cases of surplus

Federal property, and provides

for conveyance of surplus

Federal property for use as a

public airport (subject to

approval by FAA)

Provides for transfer of Federal

property to State agencies or the

Department of the Interior for

wildlife conservation purposes

, Title V (Section 501) requires

DoD Components to identify

unutilized, underutilized,

excess or surplus property (e.g.,

housing at installations being

closed) that may be suitable for

use by the homeless

, Notification is to the

Department of Housing and

Urban Development (HUD).

HUD notifies the Department of

Health and Human Semites of

property suitable for the

homeless

, Does not apply to BRAC 95

bases, which are specifically

exempted by the

Redevelopment Act

kcretary of

Defense, with

ielegated

mthority to the

DoD

~omponents

~ase closure and

xmversion

implementation)

Seneral Services

administration,

with partial

delegation (for

he utilization of

?xcess and the

iisposal of

;urplus Federal

moperty) to the

kretary of

>efense under

3CRA and

3BCRA

Seneral Services

4dministration,

fvith partial

delegation to the

kretary of

>efense under

3CRA and

2BCW, and

‘ederal Aviation

administration

General Services

Administration

Counal on

Homeless

(reporting

accomplished by

DoD

Components;

screening by

Department of

Housing and

Urban

Development

[1-rum])

Federal Property

Laws

December 1997 A-7
Laws and Regulations Affectinu Base Reuse im~iementation

Financial Assistance

Laws II

Table A-1. Legal Authorities Affecting Base Reuse lmp/ementation

10 U.S.C. ~ 2667 (Military

Leasing Act), as amended

Indian Self-Detexmination

Act, 25 U.S.C. s~ 450f-450n

Indian Reorganization Act,

25 Us.c. SS 461-479

Civil Rights Act of 1964,

28 U.S.C. ~ 1447,42 U.S.C. ~~

1971, 1975a-1975d, 2000a2000h-6

Rehabilitation Act of 1973,

29 U.S.C. s~ 701-709,720-724,

730-732,740,741,750, 760-764,

770-776,780-787,790-794

Stevenscrn-Wydler

Technology Innovation Act of

1980 (Pub. L. 96-480, as

amended), 15 USC 3710(i)

Public Buildings Cooperative

Use Act (PBCUA), 40 U.S.C. Cjs

490, 601a, 606,611, and 612a

10 U.S.C. s 2391 (Military Base

Reuse Studies and Community

Planning Assistance)

4 January

197s

18 June

1934

2 July 1964

26

septemk

1973

21 Octobe]

1980

18 Cctobe]

1976

1

Ikember

1981

● Identifies requirements for

leasing military property to

prospective lessees when such a

lease will promote the national

defense or be in the public

interest

● Provides for grants or contracts

with tribal organizations for

educatioml or health purposes

or for strengthening tribal

governments

● Authorizes the Secretary of the

Interior to acquire property in

trust for such purposes

● Provides for reorganization of

tribal and non-tribal lands

● Authorizes the Secretary of the

Interior to acquire land to be

held in trust for tribes

● Provides for enforcement of

voting rights

● Prohibits discrimination in

places of public accommodation

and public facilities

● Guarantees equal opportunity

for individuals with handicaps

in order to maximize their

employability and integration

into the workplace and

communitv

● Authorizes the transfer of excess

research equipment to

educational institutions and

nonprofit organizations

● Encourages adaptive reuse of

historic buildings as

administrative faalities for

Federal Agenaes or activities

. Authorizes the Secretary of

Defense to make grants to State

and local govemrnents, and

regional organizations, to assist

them in planning community

adjustments in response to base

closure8

DoD

Components

Department of

the Interior

(contracting

and/or

providing grants)

Deparhnent of

the Interior (land

acquisition and

transfers)

DoD

Components and

their grantees

(ensuring nondiscrimination)

DoD

Components and

their grantees

(ensuring

handicapped

accessibility)

Directors of

laboratories;

head of any

Federal Agency

or Department

Secretary of

Defense in

conjunction with

Department of

the Interior

Department of

Defense through

a variety of

Federal

assistance

programs

A-3 December 1997
—.. . . . . . . . . . . . . . . . . - . . . . .

1 ame A-1. Legal mmormes mrecrmg Hase Reuse implementation

National Environmental

Policy Act (NEPA)

12 U.S.C. ~ 4321 et seq.;

Regulations for Implementing

the Procedural Provisions of

VEPA at 40 CFR Parts 1500-

1508; Executive Order 11514,

M amended by Executive

Drder 11991

Comprehensive

Environmental Response,

Compensation and Liability

Act (CERCLA), 42

U.S.C. ~ 9601 et S~.;

~ CFR Parts 300-311

Resource Conservation and

Recovery Act (RCFL4), 42

U.S.C. ~ 6901 et sq.;

40 CFR Parts 240-281

Clean Water Act (CWA),

33 U.S.C. S5 1251-1387;

33 CFR Parts 320-330, 335-338;

10 CFR Parts 104-140, 23&233,

401A71; Executive Order

11990 (Protection of Wetlands)

m0.

1 January

1970

11

Oecwixl

1980

21

Cktdxr

1976

18

CSrmbrr

1972

I Provides a process to help

Federal officials make decisions

that are based on an

understanding of

environmental consequences,

and take actions that protect,

restore, and enhance the

environment

b Requires that the DoD

Components analyze potential

environmental impacts of

proposed actions and

alternatives for base disposal

deasions

Requires the conduct of any

needed response actions to

clean up contamination,

addressing risks to human

health and the environment

posed by past releases of

hazardous substances

Section 120(h) of this act, as

amended by he Comm&ity

Environmental Response

Facilitation Act (CERFA),

governs the identification of

uncontaminated parcels and

covenant requirements for deed

transfers of contaminated

parcels

b Requires the establishment of

mamgement systems for

hazardous waste (Subtitle C),

non-hazardous solid waste

(Subtitle D), and underground

storage tanks (Subtitle I)

b Provides corrective action

authority for cleanup of solid

waste management units

, Establishes controls on point

source and non-point source

discharges to surface waters

under the National Pollutant

Discharge Elimination System.

● Establishes permitting

requirements for construction

activities in waterways and

wetlands

President’s

Council on

Environmental

Quafity [CEQ];

NEPA process

execution by

DoD

Components

(Environmental

Assessment,

Categorical

Exclusion, or

Environmental

Impact

Statement)

DoD

Components are

execution agents

under the

Defense

Environmental

Restoration

Program; Us.

EPA, and State

oversight

enforcement

agencies;

(consultation and

approval

requirements )

U.S. EPA with

delegation of the

base RCFA

program and the

Hazardous and

Solid Waste

Amendments

[HSWA]

program to State

agencies (permit

requirements)

Armv COrPS of

Eng&ers?U.S.

EPA

(permit

requirements)

Environmental Laws

December 1997 A-9
Laws and Regulations Affecting Base Reuse Implementation

Table A-1. Legal Authorities Affecting Base Reuse lmp/ementation

5afe Drinking Water Act

{5DWA), 42 U.S-C. ~~ 300f300j-26; 40 CFR Parts 141-149

roxic Substances Control Act

[TSCA), 15 U.S.C. $~ 2601-

2671; 40 CFR Parts 700-799

Asbestos Hazard Emergency

Response Act (AHERA),

15 U.S.C. ~$ 2641-2655;

40 CFR Part 763

Lead-Based Paint Poisoning

Prwention Act (LBPPPA), 42

U.S.C. 5$ 4801 -4S46

Residential Lead-Based Paint

Hazard Reduction Act

(RLBPHRA), Title X of Pub. L.

102-550

16

kmnber

1974

11

October

1976

22

October

1986

13

January

1971

2s

October

1992

b Mandates improvements to air

quality through establishment

of National Ambient Air

Quality Standards;

nonattainment requirements;

technology and risk standards

for air toxics; permit

requirements for sources of air

emissions; State Implementation

Plans for implementing

compliance with standards; and

conformity determimtions for

Federal Agency actions except

base closure final disposals

, Defines substances for which

the U.S. EPA must set drinking

water standards

) Authorizes establishment of

underground injection controls

on wells used for waste disposal

P Provides for the specific

regulation of PCBS and asbestos

, Requires maintenance of an

inventory of manufactured

chemicals and requires filing of

a premanufa~e notification

for chemicals not in the

inventory

I Amends TSCA to govern

inspection of asbestoscontaining materials in schools

and completion of appropriate

response and abatement

activities

b Requires establishment of

procedures for eliminating

immediate hazards related to

lead-based paint and for

notifying purchasers of the

presence of lead-based paint

) Eliminates use of lead-based

paint

D Governs transfers of pre-1978

Federal property for residential

use

b Requires inspection and

notification for post-1960

structures

D Requires inspection and

abatement for pre-1960 housing

J.S. EPA with

>artial delegation

o State agencies

,permit

equirements)

J.S. EPA

@xrnit

equirements)

3.S. EPA

permit

requirements)

J.S. EPA

:tipection and

.esponse)

3epartment of

~ousing and

urban

development

md Department

]f Health and

fluman Services

:establishment of

mocedures)

Department of

Pefense

:tipection and

Notification or

~batement)

A-1 O December 1997
DoD Base Reuse Imdementation Manual

Table A-1. Legal Authorities Affecting Base Reuse Implementation

Federal Inaectiade, Fungicide

and Rodenticide Act (FIFRA),

7 U.S.C. ~ 136 et se+;

40 CFR Parts 152-186

American Indian Religious

Freedom Act (AJRFA),

42 U.S.C. ~ 1996

Archaeological and Historic

Preservation Act (AHPA),

16 U.S.C. ~ 469

Bald and Golden Eagle

Protection Act (BGEPA),

16 U.S.C. s 668

Coastal Zone Management

Act (CZMA),

16 U.S.C. $~ 1451-1464;

15 CFR Parts 921-933

Endangered Species Act

(ESA), 16 U.S.C. ~ 1531-1544;

50 CFR Parts 17,401-424,450-

453

Fish and Wildlife

Coordination Act (FWCA),

16 U.S.C. ~~ 661466

Migratory Bird Treaty Act

(MBTA), 16 U.SC. s~ 703-712

Native American Graves

Protection and Repatriation

Act (NAGPRA), 25 U.S.C.

$~ 3001-3013

21

OrtOber

1972

il Au&t

1978

17 June

1s60

June 194(

!7 Octobel

1s72

2s

Decemkr

1973

12 AUSUSI

1954

13 July

1918

16

Novembe

1591

Governs disposal of pesticides

and pestiade containers

Protects and preserves religious

freedoms of Native Americans,

including access to religious

sites

Governs activities that may

affect historic or archaeological

resources

Directs Federal Agencies to

coordinate with the Department

of the Interior

, Governs activities and facilities

that may threaten protected

birds

) Encourages States along oceans

and Great Lakes to adopt

Coastal Zone Management

Plans (CZMP), which require

any applicant for a Federal

permit to certify that its project

is consistent with the State

CZMP

, Requires protection of

threatened or endangered

species by prohibiting activities

and facilities that would have

an adverse effect on them

, Requires persons to consult

with Federal and State agencies

when modifying, controlling, or

impounding a surface water

bodv over 4 hectares in size

b Governs activities that may

affect or threaten migratory

birds or their habitats

D Governs discovery and

handling of Native American

human remains and objects

U.S. EPA (permit

requirements)

Affected tribes

(consultation

requirements)

Department of

the Interior

(notification

requirements if

jeopardized

resources found)

Department of

the Interior

(pennit required

if golden eagle

nest is found)

Department of

Commerce

U.S. Fish and

Wildlife Service

(requires

biological

assessment,

mitigation plan if

species found)

U.S. Fish and

Wildlife Service

Department of

the Interior

(consultation

requirements if

birds or nests are

found)

Deparbnent of

the Interior

(notification and

consultation)

Natural and Cultural

Resources Laws

December 1997 A-1 1
Laws and Regulations Affectina Base Reuse Imc)lementation

Executive Orders 1!

Table A-1. Legal Authorities Affecting Base Reuse implementation

~ational Historic Preservation

kt (NHPA), 16 U.S.C. $ 470;

16 CFR Parts 60,63,68, 800;

:xecutive Order 11593

Protection and Enhancement

)f the Cultural Environment)

Natershed Protection and

?lood Prevention Act

WPFPA), 16 U.S.C. $1001 ef

@q.; 33 U.s.c. s 701-1;

Zxecutive Order 1198S

Floodplain Management)

Wild and Scenic Rivers Act

WSRA), 16 U.S.C. ~ 1271 et seq.

Executive Order 12088

Executive Order 12372 (as

imended by Executive Order

12416)

Executive Order 12580

Executive Order 12788

Executive Order 12999,

[reproving Mathematics and

kience Education in Support

of the National Education

Seals

B

D4

5orr0bu

1966;

13 May

971 (EO;

4 Au)yst

19s4

2 October

1968

8 Apd

1983

C+ Januarj

1987

15 Januaq

1992

17 April

1996

, Establishes a program for the

preservation of additional

historic properties throughout

the nation

Section 106 of the NHPA

establishes a process to identify

conflicts between historic

preservation concerns (e.g.,

properties included or eligible

for the Natioml Register of

Historic Places) and Federal

undertakings

) Governs reservoir development

and stream modification

projects including speafic

wildlife habitat improvements

b Preserves and protects the freeflowing condition of selected

rivers. Established a natioml

Wild and Scenic Rivers System

, Establishes process for ensuring

Federal Agency compliance

with Federal, State, and local

pollution control requirements

D Outlines a proce5s for resolution

of disputes between the

Environmental Protection

Agency and Federal Agenaes,

specifying the Office of

Management and Budget as

dispute resolution agent

b Requires Federal Agencies to

provide opportunities for

consultation by elected officials

of State and local governments

P Addresses delegation of certain

duties and powers assigned to

the President in CERCLA to

heads of Federal .4gencies

D Creates the Defense Economic

Adjustment Program to

coordinate economic

adjustment assistance for

communities affected by

Defense downsizing

, Gives preference to elementary

and secondan schools in the

transfer or donation of

education-related Federal

equipment such as computers

Advisory

Counal on

Historic

Preservation,

State Historic

Preservation

Officers,

Department of

the Interior

(consultation

requirements)

Department of

Agricultur*Soil

Conservation

Service

Department of

the Interior

Presidential

order involving

the

Environmental

Protection

Agency,

Department of

Defense, State,

and Office of

Management and

Budget

DoD

Components in

consultation with

community

Presidential

Order delegating

authority to the

Secretary of

Defense-DoD

Secretary of

Defense,

Economic

Adjustment

Committee

Military

Department

(identification

and transfer of

surplus property)

A-1 2 December 1997
DoD Base Reuse Imdementation Manual

Table A-1. Legal Authorities Affecting Base Reuse implementation

H

B.

11

February

1994

29 Mad

1979

Requires the creation of an

Interagency Working Group on

Environmental Justice to

develop guidance for Federal

Agencies on environmental

justice strategies

Requires Federal Agencies to

include diverse segments of the

population in research, data

collection, and analysis

Reauires Federal Azencies to

>partment of

>efense

@dance)

>oD

~omponents

malysis; actions)

soh~it public views-red to

consider environmental justice

values in deasion-makimz

)oD Directive 1000.3 ● Safety and Occupational Health

Policy for the Department of

Defense

● Office of Economic Adjustment

>epartment of

3efense

DoD Directives and

Instructions

)oD Directive 3030.1 Department of

~efense

29

QOvembel

W78

● DoD Bulk Petroleum

Management Policy

Department of

Defense

Department of

Defense

Department of

Defense

)oD Directive 4140.25 8 January

1%3

!4 Octcbe)

1983

1

kptil

19s7

● DoD Pest Management Program

● Real Property Acquisition,

Management, and Disposal

)oD Directive 4150.7

>oD Directive 4165.6

)oD Directive 4165.60 4 Octc&r

1976

12 Feb

1S96

27July

19s9

10 April

19s6

24 Januag

19s9

21 June

19s4

. Solid Waste Management—

Collection, Disposal, Resource

Recovery and Recycling

Program

● Revitalizing Ba~ Closure

Communities

● Implements the provisions of

Title XXIX of NDAA 94;

codified at 32 CFR Part 174

● Forms the basis for much of the

material in this Manual

Department of

Defense

)oD Directive 4165.66 Department of

Defense

IoD Directive 4210.15 ● Hazardous Material Pollution

Prevention

● DoD Personal Property

Shipment and Storage Program

. Natural Resources Management

Programs

● Archeological and Historic

Resources Management

Department of

Defense

Deparbnent of

Defense

Department of

Defense

)oD Directive 4500.34

)oD Directive 4700.4

)oD Directive 4720.1 Department of

Defense

)oD Directive 5030.41 I June 197 . Oil and Hazardous Substances

Pollution Prevention and

Contingency Program

Department of

Defense

December 1997 A-1 3
Laws and Regulations Affectinu Base Reuse Imdementation

‘!

Table A-1. Legal Authorities Affecting Base Reuse Implementation

DoD Directive 5100.50

DoD Directive 5410.12

DoD Directive 6050.1

DoD Instruction 4165.67

DoD Instruction 4165.68

ZI

Oecember

19s7

30 July

1979

4 Marrh

1996

(changes

issued on:

May 1~

4 Mad

1s%

(reissued

on 27 M+

1997)

● Protection and Enhancement of

Environmental Quality

● Economic Adjustment

Assistance to Defenw+npacted

Communities

● Environmental Effects in the

United States of DoD Actions

● Revitalizing Base Closure

Communities-Base Closure

Community Assistance

● Implements Title XXIX of

NDAA 94; codified at 32 CFR

Part 175

● Forms the basis for much of the

material in this Manual

● Revitalizing Base Closure

Communities and Community

Assistance - Community

Redevelopment and Homeless

Assistance

● Implements the Redevelopment

Act, as amended, codified at 32

CFR Part 176

● Forms the basis for part of the

material in this Manual

Department of

Defense

Department of

Defense

Department of

Defense

Department of

Defense

Deparhnent of

Defense

A-1 4 December 1997
DoD Base Reuse Imdementation Manual

Table A-2, Surplus Federal Property Transfer Methods

WBLIC AIRPORT Approved Federal Aviation 100% 49 U.s.c * 47151-

:ONVEYANCE Administration 47153,

41 CFR 101-47.308-2

Historic Monument Approved Department of the I

1OO”-L I FPASA ~ 203(Ic)(3),

Interior 41 Cl?R 101-47.308-3

Education Sponsored Department of FPASA S 203(k)(l),

Education 41 CFR 101-47.3084

Public Health Sponsored Department of up to 100% FPASA ~ 203(k)(l),

Health and Human 41 CFR 101-47.308-4

seMces

Public Park or sponsored Department of the up to 100%

Recreation

FPASA ~ 203(k)(2),

Interior 41 CFR 101-47.308-7

Non-Federal Approved Departmfmt of Justice 10070

Correctional Facility

FPASA ~ 203(p)(l),

41 CFR 101-47.308-9

Port Facility sponsored Deparhnent of

Tranmortation

Department of

Education or

Department of

Health and Human

~

100%

up to 10W%

FPA5A ~ 203(q)(l),

41 CFR 10147.308-10

41 CFR 101-47.308-5

Homeless Assistance sponsored Department of up to 100%

[Public Health]3

42 U.s.c. $11411,

Health and Human FPASA ~ 203(k)

Power Transrnissicm Approved Military Department None

Lines

SPA ~ 13(d),

41 CFR 101-47.308-1

Housing for Displaced Reques4ti Military Department up to 100% UIUEWAPA s 218,

Persons 41 CFR 101-47.308-8

Wilfllfe Conservation Approved Department of the Up to 100% 16 U.S.C. S 667b-d

Interior

Federal-Aid or Other Sponsored “ Department of 100% 23 U.S.C. ~~ 107,317

Highways [to States] Transportation

Widening of Public Approved Military Department up to 100’% 40 U.s.c. S 345C

Highways or Streets

Homeless Assistance Approved Department of HuD 100$!0 BCCRHAA ~ 2

NEGOTIATED SAL E Sale Military Department None FPASA ~ 203(e),

41 cm 101-47.304

WBLIC SALE Sale Military Department None FPASA ~ 203(e),

41 CFR 101-47.304

)EPOSITORY INST3TLIT10N Sale Mditay Department None NDAA 92/93 ~ 2825,

‘ACILITIES NDAA 94 ~ 2928

JLASEBACK Approved Military Department up to 100% NDAA 96, Title XXVII.1

62837

3CONOMIC DEVELOPMENT Approved Milita~ Department up to 100% NDAA 94, Title XXIX,

:OhVEYANCE ~ 2903

December 1997 A-1 5
Laws and Regulations Affecting Base Reuse Implementation

Key to Tab/e A-2

lPublic benefit and other specific conveyances are typically either approved or sponsored

by the authorized Federal Agency. In approved transfers, the Federal Agency must grant

its approval but property conveyance is accomplished by the Militaxy Department. In

sponsored transfers, the Military Department assigns the property to the Federal Agency,

upon request, and the Federal Agency is responsible for conveyance of the property to its

recipient.

2

Property for shrines, memorials or other religious purposes is eligible for public benefit

conveyance (PBC) only as part of a parcel transferred under another PBC mechanism.

3

42 U.S.C. $j 11411 designates uses for homeless assistance as a specific public health

category under FPASA ~ 203(k) and gives priority to such uses when considering PBCS.

4When the activities of a Federal Agency result in the displacement of persons from their

housing, the Federal Agency may request surplus proper~ for replacement housing.

Transfer of property is directly from the Military Department to an eligible State agency.

Acronyms and Abbreviations used in Table A-2

CFR

FMV

FPASA

LRA

NDAA 92/93

NDAA 94

SPA

U.s.c.

URARPAPA

Code of Federal Regulations

Fair Market Value

Federal Property and Administrative SeMces Act, 40 U.S.C. $471 et seq.

Local Redevelopment Authority

National Defense Authorization Act for Fiscal Years 1992 and 1993,

Pub. L. 102-190

National Defense Authorization Act for Fiscal Year 1994,

Pub. L. 103-160

Surplus Property Act, 50 U.S.C. App. ~ 1622(d) and 49 U.S.C. ~~ 47151-

47153

United States Code

Uniform Relocation Assistance and Real Property Acquisition Policies

Act of 1970, Pub. L. 91-646

A-1 6 December 1997
Table A-3. Statutorily Imposed Deadlines for BRAC 95 Installations

Initiate Closure and Realignment Activities

[DBCRA 90$ 2904(a)]

Complete Closure and Realignment Activities

[DBCRA 90 ~ 2904(a)]

Withhold Relocation of Personal Property with

Redevelopmer.t Value

Sustain Maintenance at or Above Minimum Levels to

Support Reuse

[DBCRA 90 ~ 2905(b), as amended by NDAA 94$ 2902]

Designate Transition Coordinator

[NDAA 94 ~ 2915(b)]

Hold Community Seminars on Reuse and

Redevelopment

[NDAA 94 ~ 2916 (Sense of Congress)]

Consider Applications for OEA Assistance

[10 U.S.C. ~ 2391(b), as amended by NDAA 94$ 2913]

Identify and Obtain Regulatory Concurrence on

Uncontaminated Parcels

[CERCLA $ 120(h)(4) and NDAA 94 S 2910]

Contract with Local Governments for Provision of

Community Services

Inventory Personal Property

[DBCR490 $ 2905(b), as amended by NDAA 94 ~ 2902]

Screen Property for Federal Agency Transfers; Make

Excess and Surplus Determinations; Submit Property

Information to HUD and LRA and Publish in Federal

Reg”ster

[DBCR490 ~ 2905(b), as amended by NDAA 94 ~ 2904 and

BCCRHAA ~ 2]

Receive Notices of Homeless Provider Interest in

Property (LRA)

[DBCRA 90 ~ 2905(b), as amended bv BCCRHAA $ 2]

2 years ajler Presidential approval

for closure

July 1997

6 yems after Presidenttil approval

for closure

July 2001

Weit.her relocation of personal

?roperfy nor reduction of

maintenance levels necessary to

;upport reuse is allowed before

he earliest of:

1) one week afier submittal of

wdevelopment plan;

:2) notice o~irrtent not to submif a

“edeveloprnent plan;

:3) 90 days before closure

:4) 24 months a~er the ahte of

15 ahys afier the date ojapprozxd”

6 months after the alzte of approval*

Planning Grants: 7 days after

application submiffal

Community Adjustment and

Diverwjlmfion Grants: 30 days after

application submittal

Earlier of

(1) 9 months after submittal of

proposed reuse;

(2) 18 monfhs after fhe akte of

approval*

No earlier fhan 180 &ys before date

of closure

6 monfhs after the date of approval”

6 months after the date of approval”

3 to 6 months afte?’ LILA’s

newspaper publication (LRA’s

discretion)

December 1997 A-1 7
Laws and Recaulations Affectina Base Reuse lmDiementation

Table A-3. Statutorily Imposed Deadlines for BRA C 95 Installations

Complete Redevelopment Plan and Submit to HUD

and DoD (LRA) (if homeless uses are included) 9 months a)er deadline for

[DBCRA 90 ~ 2905(b), as amended by BCCRHAA ~ 2] sdrrnission of notices of interest

Review Redevelopment Plan and Make Determination

(HUD) 60 days after receipt of

[DBCRA 90 ~ 2905(b), as amended by BCCRHAA S 2] redevelopment plan

Revise Redevelopment Plan, if necessary (LRA)

[DBCRA 90s 2905(b), as amended by BCCRHAA S 2] 90 days after HUD determination

Review Revised Redevelopment Plan, if necessary

(HUD) 30 akys after receipt of revised

[DBCRA 90$ 2905(b), as amended bv BCCRI-IAAs 2] redevelopment plan

Report to DoD on Property Suitability and 90 days after receipt of

Acceptability of LRA’s Plan, if necessary (HUD) unsatisfactory revised

[DBCRA 90$ 2905(b), as amended by BCCRHAA ~ 2] redevelopment plan

Consider Entering into Agreements to Transfer

Property by Deed in Exchange for Environmental Must be entered into by the datefive

Restoration years after enactment of NDAA 94

30 November 1998

Complete Environmental Impact Statement (EIS)

[NDAA 94 S 2911] 12 months after submittal of

redevelopment plan

Complete Remedial Investigations/Feasibility Studies “ Commence RVFS within 6

(FwFss) months offinal NPL listing

[CERCLA $ 120(e)] ● Enter into Federal Facility

Agreement within 180 days

afier EPA rm”ero of RIFS

● Begin remedial action within

15 months of completion of

NPL-required R@

● Note The “date of armroval” is the expiration date for the authority of Con~ess to disapprove the

President’s re~~mmendations, & defined in NDAA 94 ~ 2918(a) and ~2918(c). --

KEY

BCCRHAA Base Closure Community Redevelopment and Homeless Assistance Act of 1994

(known as the “Redevelopment Act”)

CERCLA Comprehensive Environmental Response, Compensation and Liability Act, as

amended

CERFA Community Environmental Response Facilitation Act of 1992

DBCRA 90 Defense Base Closure and Realignment Act of 1990

NDAA 94 National Defense Authorization Act for Fiscal Year 1994

Summary of Key Provisions in Base Closure Laws

Key provisions contained in BCRA 88, DBCRA 90, NDAA 92/93, NDAA 93,

NDAA 94, NDAA 95, and the Redevelopment Act are summarized below.

COMMUNITY ASSISTANCE

BCRA 88 and DBCRA 90, as amended by NDAA 94, require and/or authorize

the Secretary of Defense to:

A-1 8 December 1997
. Provide economic adjustment assistance to any community located near a

military installation being closed or realigned [Section 2905(a)(l)(B) of

DBCFC4 90].

● Inform a State or local government applying for assistance under 10 U.S.C. S

2391 (provisions for military base reuse studies and community planning

assistance) of the approval or rejection of the application for such assistance

within 7 days of receipt in the case of a planning grant, or 30 days of receipt in

the case of a community adjustment and economic diversification grant

[Section 2913 of NDAA 94].

. Conduct seminars for each community in which a military installation is being

closed no later than 6 months after closure is approved (also see Table A-3)

[Section 2916 of NDAA 94]. Community seminars are to address the various

Federal programs for the reuse and redevelopment of the installation, and

provide information about employment assistance to members of these

communities.

These requirements, along with those under 10 U.S.C. $2391, are earned out in

large part by the following organizations:

. DoD Componrmt disposal and conversion organizations

. The Office of Economic Adjustment (OEA) within the Office of the Secretary

of Defense (OSD), which provides grants to communities for reuse planning

(see Table A-3 for deadlines)

. The Base Closure Transition Office (BCTO), within OSD, which coordinates

the activities of all Base Transition Coordinators and serves as a clearinghouse

for facilitation, coordination, and resolution of Federal Agency issues and

other base conversion-related issues

. The Economic Development Administration (EDA) within the Department of

Commerce, which provides economic development grants to communities

impacted by base closures in accordance with Section 4305 of NDAA 93

. Other Federal Departments and Agencies, which sponsor public benefit

conveyances and other conveyances.

C ONTRACTING WITH L OCAL AN D/ OR S MALL OR D ISADVANTAGED B USINESSE S

Section 2912 of NDAA 94 requires the Secretary of Defense, when entering into

contracts for base closure or realignment, to give preference to qualified

businesses located in the vicinity of the installation and to small or

disadvantaged business concerns. This preference is specifically extended to

include contracts for environmental restoration and mitigation.

BASE TRANSITION C OORDINATORS

Section 2915 of NDAA 94 requires the Secretary of Defense to designate a Base

Transition Coordinator (BTC) for each closing installation. Transition

Coordinator responsibilities are described in NDAA 94 in terms of overall base

conversion process facilitation. The BTCS are centrally managed by the Base

December 1997 A-1 9
Laws and Regulations Affecting Base Reuse Implementation

Closure and Transition Office (BCTO). Together, the BCTO and BTCS assist base

closure communities and the Military Depar@wnts in rapid disposal and quick

reinvestment of property into productive reuse by acting as a point of contact

and facilitator for closure and reuse issues. For example, the BCTO and BTCS

assist with resolution of site specific problems and issues, provide monthly

communi~ feedback reports to the Deputy Under Secretary of Defense

(Industrial Affairs and Installations), and disseminate information pertinent to

the closure and reuse process.

ACCELERATING REAL PROPERTY SCREENING

BCFL4 88 and DBCRA 90, as amended by Section 2904 of NDAA 94, require the

Secretav of Defense to complete formal screening of real property with other

Federal Agencies by June 1,1994 for BRAC 88,91, and 93 closures and

realignments, or within six months of the approval date for future base closures

and realignments (see Table A-3). These dates may be postponed, however, if

the Secretary of Defense determines that postponement is in the best interest of

the community.

HOMELESS ASSISTANCE (MCKINNEY ACT)

The Stewart B. McKinney Homeless Assistance Act, and BCRA 88 and DBCRA

90, as amended by Section 2905 of NDAA 94, require the Secretary of Defense to

compile a list of property available for use by “homeless providers” by June 1,

1994, for BIU4C 88,91, and 93 closures and realignments, or within six months of

the approval date for future base closures and realignments (see Table A-3). The

list of property must be submitted to the Department of Housing and Urban

Development (HUD) by these dates, and HUD will then publish a notice of

availability and suitability of the property. The homeless providers and HUD are

then allotted a period of 60 to 175 days to complete the application and decisionmaking process in accordance with the McKinney Act. In the absence of an

expression of interest to HUD in property suitable for the homeless, an LRA can

incorporate the property into its redevelopment plan by submitting written

expressions of interest to the DoD Component.

H OMELESS A SSISTANCE ( BASE C LOSURE COMMUNIn REDEVELOPMENT AND

H OMELESS ASSISTANCE AC T)

The Base Closure Community Redevelopment and Homeless Assistance Act of

.1994 (Pub. L. 103-421) amended DBCRA 90 to exempt BRAC 95 installations (and

those BRAC 88,91, and 93 installations whose LRAs submitted a request prior to

December 24, 1994) from the McKinney Act and created a new, cornmunitybased process for addressing homeless needs in base closure communities.

Under the new process, the LFL4 is responsible for identifying and

accommodating community homeless needs in its redevelopment plan, which is

submitted with supporting information to HUD. HUD reviews the LRA’s

submission and either approves the plan’s homeless provisions or reports to the

Military Department on the suitability of buildings and property at the

installations for use to assist the homeless and the extent to which the LRA’s

application meets HUD’S review criteria. The new process also established a new

conveyance authority by which real or personal property to be used for homeless

assistance purposes can be transferred at no cost to an LRA or directly to a

representative of the homeless.

A-20 December 1997
DoD Base Reuse implementation Manual

PERSONAL P ROPERTY

BCRA 88 and DBCR4 90, as amended by Sections 2902 and 2909 of NDAA 94,

require the Secretary of Defense to inventory personal property (except for

certain categories not available to the LRA for reuse) within six months of the

approval date for 1995 base closures and realignments (see Table A-3). Section

2902 of NDAA 94 also stipulates that personal property shall not be removed

from a closing or realigning base (unless exemptions are approved) until the

expiration of one of four specific time periods. These four time periods are

summarized in Table A-3. Limitations on the type of personal property eligible

for transfer to communities are contained in Sections 2902 and 2909 of NDAA 94

as well.

M ILESTONES FOR E NVIRONMENTAL ANALYSIS

Provisions in .NIIAA 92/93 and NDAA 94 specify dates for completion of several

environmental analysis activities. These are- sho&n in Table A-3”under the

headings Environmental Impact Analysis and Environmental Cleanup.

TRANSFER OF REAL PROPERN

BCRA 88 and DBCRA 90, as amended by Section 2903 of NDAA 94, authorize

the Secretary of Defense to transfer real and personal property at closing bases to

LRAs for less than fair market value under standards and constraints of the

statute. Section 2906 of NDAA 94 amends 10 U.S.C. $2667 and provides similar

authority during the leasing of property.

ESTABLISHING BASE CLOSURE ACCOUNTS

Provisions of BC12A 88 and DBCRA 90, as amended or limited by Sections 2921

and 2922 of hDAA 94, require the establishment of separate transfer accounts to

fund, and receive proceeds from, base closure and realignment activities. The

first is known as the “Department of Defense Base Closure Account” (BRAC I, or

BRAC Part 1, Section 207 of BCRA 88) which is administered for installations

designated under BCR4 88. The second account is known as the “Department of

Defense Base Closure Account 1990” (BRAC II, or BRAC Part II, Section 2906 of

DBCRA 90) and is administered for installations designated under DBCRA 90

(includes bases selected for closure and realignment in 1991,1993 and 1995). The

Part II account maybe further subdivided into separate accounts for each round

of closures and realignments.

CONTRACTING WITH COMMUNITIES FOR POLICE AND FIRE SERVICES

BCRA 88 and DBCRA 90, as amended by Section 2907 of NDAA 94, Section 2839

of NDAA 96, and Section 2812 of NDi&4 97, authorize the Secretary of Defense to

enter into agreements (including contracts, cooperative agreements, and other

arrangements for reimbursement) with local governments for police services, fire

protection services, airfield operation services, or other community services at

installations to be closed or at facilities not yet transferred or otherwise disposed

of at closure sites. This authority cannot be exercised earlier than 180 days before

the date on which the installation is to be closed (see Table A-3).

December 1997 A-21
Laws and Regulations Affecting Base Reuse Implementation

. . .

Summary of Key Statutes Referenced by Base Closure Laws

STEWART B. MCKINNEY HOMELESS ASSISTANCE AC T

Section 2905 of NDAA 94 amends Section 204(b) of BCRA 88 and Section 2905(b)

of DBCRA 90, by prescribing revised processes for compliance with the Stewart

B. McKinney Homeless Assistance Act (McKinney Act, 42 U.S.C. s 11301 et seq.)

at closing bases.

FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT (FPASA)

Section 204(%) of BCRA 88 and Section 2905(b) of DBCRA 90 give the DoD

Component (through delegation from GSA to the Secretary of Defense) authority

to utilize and dispose of excess and surplus property under Sections 202 and 203

of the Federal Property and Administrative Services Act, as amended (40 U.S.C.

~$ 483 and 484, respectively).

Section 202 of the FPASA authorizes the DoD Component to promote the

utilization of excess property by executive agencies (i.e. executive Departments,

Agencies, or wholly owned Government corporations), and/or transfer excess

property to other Federal Agencies for use.

Section 203 of FPASA authorizes the DoD Component to dispose of surplus

property

“by sale, exchange, lease, permit, or transfer, for cash, credit, or other property,

with or without warranty, and upon such terms and conditions as the [DoD

Component through its delegation of authority from the Secretary of Defense]

deems proper.. .“

and provides for the disposal of surplus property via a number of different

methods:

● Through public advertising for competitive bids [Section 203(e)(2)]

● Through contract realty brokers [Section 203(e)(4)]

. Through negotiated sale to State and local governments [Sections 203(e)(3), (5)

and (6)]

● Through public benefit conveyances to State agencies and other eligible

institutions within a State [Section 203(j)], including transfers of property for

correctional facility use (subject to Department of Justice [DOJ] approval)

[Section 203 (p)(l)], and transfers of property for use as a historic monument

(subject to Department of the Interior [DOI] approval) [Sections 203(k)(3) and

(4)]

● Through assignment of property to the Department of Education (DOEd) for

disposal as educational facilities [Section 203(k)(l)]

● Through assignment of property to the Department of Health and Human

Services (HHS) for disposal as public-health facilities [Sections 203(k)(l) and

(4)]

A-22 December 1997
DoD Base Reuse Imdementation Manual

. Through assignment of property to the Department of the Interior (DOI) for

disposal as a public park or recreational area [Sections 203(k)(2) and (4)]

● Through donation to the American National Red Cross [Section 203(1)]

As amended by Section 2927 of NDAA 94, Section 203 of FPASA also authorizes

the DoD Component (via delegation from the Secretary of Defense) to assign

surplus property to the Secretary of Transportation needed for the development

and operation of a port facility. Within specified time frames, and in consultation

with the Secretary of Labor and Secretary of Commerce, the Secretary of

Transportation is authorized under Section 2927 of NDAA 94 to transfer such

assigned property to States or terntories.

In exercising its delegated authorities under the provisions of FPASA, the DoD

Component is required to comply with the Federal Property Management

Regulations (FPMR), promulgated pursuant to the FPASA, that are currently in

effect. These regulations, found at 41 CFR Part 101-47, prescribe the policies,

guidelines, requirements, responsibilities and methods governing the utilization

and disposal of excess and surplus real property and related personal property

within the United States and its territories.

SURPLUS PROPERN ACT (SPA)

Section 204(b) of BCRA 88 and Section 2905(b) of DBCRA 90 give the DoD

Component (through delegation from GSA to the Secretary of Defense) the

authority to grant approvals and make determinations under Section 13(g) of the

Surplus Property Act, as amended [49 U.S.C. ~~ 47151-47153].

In exercising this authority, the DoD Component is required to comply with the

FPMR and all other regulations promulgated pursuant to Section 13(g) of the

SPA that are currently in effect.

ACT OF MAY 19,1948

Section 2905(b)(D) of DBCRA 90 gives the DoD Component (through delegation

from GSA to the Secretary of Defense) the authority to determine the availability

of excess or surplus real property for wildlife conservation purposes in

accordance with 16 U.S.C. s 667b. This otherwise unnamed statute authorizes

the transfer and utilization of Federally owned real property for wildlife

conservation purposes. It provides the basis by which surplus Federal real

property may be transferred at no cost to a state or the Department of the Interior

(DOI) for management and administration. Under terms of this Act, the DoD

Component may transfer parcels of property suited for wildlife resources (e.g.,

migratory birds, upland game and animals) to other Federal and state agencies

via Federal transfer or public benefit conveyance procedures. Sections 2 and 3 of

this statute require publication of transfers for wildlife purposes in the Federal

Register, including a description of the intended uses of the property.

NAmohhaL ENVIRONMENTAL P OLICY A CT (NEPA)

Compliance with NEPA is required by Section 204(c) of BCRA 88 and Section

2905(c) of DBCW 90. In particular, Section 2905(c)(2)(A) states that the

provisions of NEPA shall apply to actions of the [DoD Component] . . . during

December 1997 A-23
Laws and Regulations Affecting Base Reuse Implementation

the process of property disposal. . . . To comply with NEPA for disposal of

installation property, the DoD Component must comply with the regulations in

40 CFR Parts 1500-1508, developed by the Council on Envirorunental Quality

(CEQ), and any other Component-specific regulations pertaining to

environmental impact analysis.

SECTION 120 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION ,

AND LIABIUTY ACT (CERCLA)

Activities for complying with Section 120 of CERCLA are part of the Ongoing

Environmental Cleanup Process, which is managed under the DoD Component’s

BR4C Cleanup Plan.

COMMUNIN ENVIRONMENTAL R ESPONSE F ACILITATION A CT (CERFA)

Enacted on 19 October 1992, CERFA (Pub. L. 102-426) amends Section 120(h) of

CERCLA by adding the following:

●

●

●

●

Minimum procedures for identifying uncontaminated property at closing

military installations [new Section 120(h)(4)]. These procedures require the

Environmental Protection Agency (for bases on the National Priorities List

[NPL]), or the “appropriate State official” (for bases not on the NPL), to

concur with uncontaminated property determinations by the DoD

Component

Language clarifying that the covenant required in Section 120(h)(3)(B)(i), that

“all remedial action necessary to protect human health and the environment

with respect to any [hazardous] substances remaining on the property has

been taken,” may be given when an approved remedial action is in place and

operating properly and successfully [modified Section lo]. [Note: In

some cases, property can now be transferred to private parties before

remedial action has been taken and the covenant requirements have been

fulfilled.]

Requirements for Federal Agencies (e.g., the DoD Component) to notify States

of leases that will be in effect after the scheduled closure date [new Section

120(h)(5)]

Compliance with CERFA is critical for accomplishing the transfer of

uncontaminated and remediated property. For BRAC 88 and BRAC 91

realignment and closure bases, identification of uncontaminated property and

CERFA compliance has already occurred. For BRAC 93 and BRAC 95 bases,

identification and concurrence must be completed no later than 18 months

after the approval date [CERCLA ~ 120(h) (4)( C)(iii)]. Section 2910 of NDAA

94 has added the further requirement that CERFA identifications and

concurrences be completed within 9 months of the submittal of the LRA’s

approved Redevelopment Plan.

A-24 December 1997