3

Identifying Interests in

Real Property and Reuse

Planning

> What is the general practice for real prope~ disposal

at BRAC installations? Section 3.1

> How does the Military Department determine whether there are

DoD or Federal needs for property at the base? Section 3.2

+ HOW are other property interests sought and identified? Section 3.3

> What information is required with a notice of interest? Section 3.3

* What information is typically contained in a redevelopment plan and

how are homeless assistance needs incorporated? Section 3.4

+ How does HUD evaluate a redevelopment plan? Section 3.5

* What are the procedures for accommodating homeless assistance

needs at BRAC 88, 91, and 93 installations? Section 3.6

3.1 INTROD UC TIO N

The Department of Defense recognizes that to promote economic development

and rapid job creation, it must expedite the process of making real property

available for reuse at closing and realigning bases.

3.1.1 Philosophy and goal What is DoD’s

To speed the economic recovery of communities affected by base closures and philosophy and goai

realignments, it is DoD policy to identify the real property at closing and for real propetiy

realigning military bases that will be made available to the local community as disposal?

quickly as possible, and to enable the Local Redevelopment Authority to

complete reuse pkmning based upon the community’s needs. The Military

Department having responsibility for the closing or realigning base shall identify

the interest of DoD Components and Federal Agencies in portions of the affected

December 1997 3-1
Identifvina Interests in Real Pronertv and Reuse Plannina

What is the general

practice forprope~

disposal at BRAC

installations ? II

.“ -,-–..,

facility. The Military Department will keep the I&4 informed of its progress in

identifying the real property to be made available to the community.

When real property becomes available at closing and realigning bases the

Military Department will inform other DoD Components and other Federal

Agencies of the potential availability of property at the closing base. All

interested parties will be encouraged to contact and work with the LRA to have

their needs considered as part of a comprehensive local planning process.

3.1.2 A New Reuse Planning Process—General practice for BRAC 95

Under the Base Closure Community Redevelopment and Homeless Assistance

Act of 1994 (hereinafim @rred to as the “Redevelopment Act”), a new communitybased reuse planning process begins upon the final selection of the base for

closure or realignment (“date of approval”). Through this process, the LRA

identifies local reuse needs and creates a redevelopment plan for the Military

Department to consider in the disposal of base property.

Figures 3-1 and 3-2 show some of the principal activities and milestones

associated with the overall base reuse process. Although many of these

milestones are prescribed by statute, service implementors should realize that,

within legal limits, every effort should be made to accommodate the

community’s particular circumstances. The LR4’s reuse planning activities and

the Military Department screening activities can generally be grouped and

described in terms of the number of months following the date of approval.

● First 6 Months. The Military Depa~ent will determine which parts of the

base are not needed by the Deparbnent of Defense (“excess” property) or

another Federal Agency (“surplus” property), and will publish a notice

identifying the surplus property as being available for reuse, following this

Federal screening process.

● 6 to 12 Months. The LRA undertakes outreach to solicit notices of interest in

the base from State and local governments, representatives of the homeless,

and other interested parties. This outreach may include working with the

Department of Housing and Urban Development (HUD) as well as the

Federal Agencies that sponsor public benefit transfers. The LRA will

prescribe the dates for receivtig these notices, publicize them locally, and

notify the Military Department.

● 12 to 18 Months. After considering the notices of interest received, the LRA

prepares a redevelopment plan, incorporating environmental considerations

such as cleanup activities, natural resource concerns such as endangered or

threatened species and habitat, and cultural and historical requirements. This

plan identifies the LRA’s overall reuse strategy for the base. The LRA and the

community, through public comment, must ensure that the plan adequately

balances local community and economic development needs with those of the

homeless.

3-2 December 1997
DoD Base Reuse Implementation Manual

LRA prepares Redevelopment Plan and ;

Homeless Submission and submits to DoD f;

and HUD; Military Department reports propetty ~:

to Federal agencies involved in public benefit ~

conveyances, completes environmental impact ~

analysis, and makes disposal decisions ~

:M*:if-*.*&:.:*.s:2:~w*,s:*$:*,ss<:::tia” ?x<*::w:**J/*M$:._!#<**.;Ai<*;*.:,,;iti,*f*i?*s,:J_.*ii:

Milita~ Department conveys property and .;

LRA implements Redevelopment Plan ;:,

(Federal agency transfers, if not already accomplished; public ;:

&3J

::; Mi%i%s benefit or other approved conveyances; homeless assistance “; i!:”::il.

conveyances; negotiated sales; Ieasebacks; economic $; q$$: ;i;@:

development conveyances; and/or advertised public sales) <; ?gg$gg”’

~x:;,;;w w .,,.

Figure 3-1. Genera/ Disposal Process Flow Diagram

December 1997 3-3
Identifvirx! Interests in Real ProDertv and Reuse Plannina

I I ‘“”” ““””’””””””’ “ ‘“””” ““’”””””””flu I

l“’ ,“::~.:: :;.i,i’#

Progress of Redevelopment Plsnnfn9

Figure 3-2. Milestones for Submitting and Considering Notices of Interest

● Approximately 18 to 24 Months. The LRA’s completed redevelopment plan

is submitted to the Military Department. Not later than this time, the Military

Department also notifies sponsoring Federal Agencies of property that may

become available for public benefit conveyances. The LRA may request that

the notification be done sooner and could find it helpful in identifying public

interest in the property. This “screening” for public benefit users should be

based upon the property uses outlined in the community redevelopment plan

(see Section 3.5.4). The sponsoring Federal Agency will make

recommendations to the Military Department on proposed users of property.

The Military Department will, in turn, keep the LRA apprised of any interests.

The community’s plan is also submitted to HUD as part of an application to

help address the community’s homeless needs. HUD will review the

application to determine whether, in its judgment, the LRA has adequately

balanced local community and economic development needs with those of the

homeless. If HUD determines that the application does not strike this balance,

the L.RA will be provided with an opportunity to address HUD’s concerns

and revise its plan accordingly.

● Approximately 24+ Months. The Military Department will complete its

environmental impact analysis no later than 12 months after receiving the

LRA’s redevelopment plan. In this analysis, the LRA’s plan is normally used

as a primary factor in the development of the proposed action, reasonable

alternatives, and effects analysis. During the disposal and reuse decision

phase, final Military Department disposal decisions will resolve any

3-4 December 1997
DoD Base Reuse Imdementation Manual

competing requests for the property and will, in most cases, be consistent with

the LRA’s redevelopment plan. It is DoD and the Military Department’s

desire to have the LRA’s local planning process resolve any conflicting land

use proposals prior to the completion of the redevelopment plan. Once

disposal decisions are made, the Military Department initiates final disposal

actions in accordance with its disposal plan.

3.2 iDENTIFYING DoD AND FEDERAL PROPERTY NEEDS

The Military Departments are required by law (Section 2903 of Title XXIX of

Pub. L. 103-160) to identify DoD and Federal property needs at closing and

realigning installations no later than six months after the date of approval of

closure or realiagnrnent.

3.2.1 Issuing notices of availability

NOTICE OF POTENTIAL AVAILABIIJTY

Upon the President’s submission of tie recommended list of base closures and

realignments to Congress in accordance with the Defense Base Closure and

Realignment Act of 1990 (Part A of Title XXIX of Pub. L. 101-510), the Military

Department shall issue a notice of potential availability-including a list of

property and buildings at closing or realigning installations that will potentially

become available-to the other DoD Components and other Federal Agencies.

This notice should be made available to the public, upon request. Potential

recipients could include, but are not limited to, the LRA (if recognized), elected

officials from the communities in the vicinity of the installation, the governor,

local developers, and businesses. Federal Agencies are encouraged to review this

list with regard to theti prospective property requirements and to evaluate

whether they might have a requirement f or the listed properties. Any interest

received should be forwarded to the LIU4, if one exists. For installations that

wholly or partially consist of withdrawn public domain lands (see box below), the

Military Deparhnent should begin consulting with the Bureau of Land

Management at this time.

How does the

Military Department

determine whether

there are DoD or

Federal needs for

property at the

base?

,

Withdrawn public domain lands are those lands that have been transferred from the

Department of the “Interior to a Military Department (i.e., withdrawn from the public

domain) for filitary use. Public domain lands that are suitable for return to the public

domain are not real property governed by the Federal Property and Administrative

Services Act of 1949, as amended, and are not governed by the property management

and disposal provisions of the Defense Base Closure and Realignment Act of 1990 or

the Defense Authorization Amendments and Base Closure and Realignment Act of

1988. Public domain lands are under the’ jurisdiction of the Secretary of the Interior and

administered by the Bureau of Land Management (BLM) unless the Secretary of the

Interior has withdrawn the lands and reserved them for another Federal Agency’s use.

The Military Department responsible for the closing installation will provide the BLM

with the notice of potential availability, as well as information about which, if any,

public domain lanas will be affected by the installation’s closing. The BLM will review

the notice of potential availability to determine if any installations contain withdrawn

public domain lands. Before the date of approval of the closure, the BLM will review

its land records to identi$ any withdrawn public domain lands at the closing

installation, and any record discrepancies between BLM and the Military Department

December 1997 3-5
Identifying Interests in Real Property and Reuse Planning

should be resolved during this time period. The BLM will notify the Military

Department of the final agreed-upon withdrawn public domain lands. Upon

agreement on the withdrawn lands, the BLM will begin determining whether the lands

are suitable for Department of the Interior programs.

The Military Department will transmit a Notice of Intent to Relinquish (43 CFR 2372) to

the BLM as soon as the property is identified as excess to DoD needs. The BLM will

complete its suitability determination within 30 days of receiving the Notice of Intent to

Relinquish. If public domain lands are to be used by a DoD Component, BLM will

determine whether the existing authority for DoD use must be modified.

If BLM determines that the land is suitable for return to the public domain, it shall

notify the Military Department that the Secretary of the Interior will accept the Military

Department’s relinquishment. If the land is not found to be suitable for return to the

public domain, the land will be disposed of pursuant to the authorities in the BRAC

statutes.

Military Departments should consider LRA input in making determinations on

the retention of property (i.e., the size of cantonment areas), if provided.

Generally, determinations on the retention of property and the size of

cantonment areas should be made prior to the date of approval of the closure.

The Deputy Under Secretary of Defense (Industrial Affairs and Installations)

must approve the proposed cantonment areas, unless such a retention is

specifically authorized by the Defense Base Closure and Realignment

Commission.

Within 90 days of the notice of availability, the Federal Aviation Administration (l?W)

will survey any air traffic control and air navigation equipment at the installation to

determine what is needed to support the air traffic control, surveillance, and

communications functions supported by the Military Department. The FAA will also

identify the facilities needed to support the National Airspace System. FAA requests

for property to manage the National Airspace System will not be subject to the

application process described in Section 3.2.2; instead, the FM will work with the

Military Department to prepare an agreement to take over the facilities and obtain the

real estate rights necessary to control the air space being relinquished by the Military

Department.

NOTICE OF AVAILABILITY

Within one week of the date of approval of the closure, the Military Department

shall issue an official notice of availability to other DoD Components and Federal

Agencies. This notice will identify and describe the buildings and property (“real

property”) at the installation that will be available for transfer. This notice will

contain substantially the same information as the notice of potential availability,

but will confirm the property’s availability. Withdrawn public domain lands that

the Secretary of the Interior has determined to be suitable for return to the public

domain (as described above) will not be included in this notice.

3-6 December 1997
DoD Base Reuse Implementation Manual

Property for military installations was sometimes obtained from State and local

governments at a reduced price or at no cost. In such cases, the deed or other

instrument conveying the property to the military may contain reversionary rights or

reverter clauses that provide for return of the property to its former owner once the

military need has ended. Therefore, the Military Department should review the

provisions of its title(s) to the property in order to identify any pre-existing claims. If

such claims or rights exist, the availability of the property for other Federal uses maybe

limited, and property subject to reversionary rights will generally not be avaiiable for

disposal as surplus property. The mere fact that property had been donated to the

military does not peY se establish a reversionary right on the part of the donor.

Any interested DoD Component or Federal Agency is required to provide, within

30 days of the notice of availability, a written, -ti-expre&ion of i&erest for

identified real property (see Figure 3-3). An expression of interest must explain

the intended use and corresponding requirement for the real property. Within 60

days from the date of the notice of availability, any interested DoD Component

or Federal Agency (“requester”) must submit a written request to the MiJitary

Department for transfer of such real property. If the requests are not made in a

timely fashion, Federal interests can still be met at the base. In these cases, the

Federal Agency needs to participate in the reuse planning process and request

that its proposed use become part of the LRA’s plan. (See Section 3.2.3 below for

information on m“thdrawing a surplus determination.) The Military Department will

keep the LR4 informed of the progress in identifying DoD and Federal interests

in real prope~ at the installation.

Native American Indian interests in property at closing or realigning installations can

be addressed through two processes

● Native American Indian tribes can submit expressions of interest to the Bureau of

Indian Affairs (BIA), which is held to the same timetables and criteria as other

Federal Agencies (described in this Section). For BRAC 95 installations, BIA has

announced that it will only assist tribes at the Federal screening level if the tribe is

located within the area economically effected by the closure and if the tribe itself is

impacted by the closure. Interested tribes should contact BIA for information about

its policy for expressions of interest.

● Tribal governments may participate in the local comprehensive planning process

and express their interesLs to the LRA. Tribes adversely affected by the base closure

should be part of the LRA and should work within this process to see their needs

addressed through a single, comprehensive plan.

Interested DoD Components and Federal Agencies are encouraged to discuss

with the LRA, if one exists, their plans and needs to determine the extent to

which their proposed uses fit the anticipated redevelopment plan. Requesters

are encouraged to notify the responsible Military Department of the results of

this non-binding consultation. The Military Department, DoD Base Transition

Coordinator (BTC), and Office of Economic Adjustment (OEA) Project Manager

will facilitate coordination between Federal Agencies and DoD Components and

the LFW.

December 1997 3-7
Identifying Interests in Real Property and Reuse Planning

r

Notice of Availability Excess and Surplus

Deterfninations 7 * 30 days Notioe of v *

Potential

60 days

b 100 days

Availabilii ,

D

I I

&

Fedeml

Resolve

Conflicts,

if am

Obfain

Finn DOD OUSD(lA&i)

Require Awfoof$ for

R%% ? R~imnents

Un I /.-,,M,\ i I

E“’’’’’””” . . . . . . ,:, ,, ,.,, . 1

i’-” y ~.‘$!!’!$j $::~w..3:

:

. g“*;,~

I

“PrOpLWY efigibh for Ieeeebeck bmefer

Figure 3-3. DoD and Federal Agency Screening Process

3.2.2 Receiving and evaluating requests for property

A request from a DoD Component or Federal Agency must contain the following:

What information is

needed in DoD and “*

Federal property

requests?

A completed General Services Administration (GSA) Form 1334, “Request for

Transfer of Excess Real and Related Personal Property” (for requests from

other DoD Components a DD Form 1354 is required). This must be signed by

the head of the component of the Department or Agency requesting the

property. If the authority to acquire property has been delegated, a copy of

the delegation must accompany the form.

A statement from the head of the requesting component or Agency that the

request does not establish a new program (i.e., one that has never been

reflected in a previous budget submission or Congressional action).

A statement that the requester has reviewed its real property holdings and

cannot satisfy its requirement with existing property. This review must

include all property under the requester’s accountability, including permits to

other Federal Agencies and outleases to other organizations.

3-8 December 1997
DoD Base Reuse Implementation Manual

● A statement certifying that the requested property would provide greater

long-term economic benefits than acquisition of a new facility or other

property for the program.

. A statement that the program for which the property is requested has longterm viability.

● A statement that considerations of design, layout, geographic location, age,

state of repair, and expected maintenance costs of the requested property

clearly demonstrate that the transfer will prove more economical over a

sustained period of time than acquhing a new facility.

. A statement certifying that the size and location of the property requested is

consistent with the actual requirement.

. A statement that fair-market-value reimbursement to the Military Department

will be made within two years of the initial request for the property, unless

this obligation is waived by the Office of Management and Budget (OMB) and

the Secretary of the Military Department or a statute provides for a nonreimbursable transfer.

● A statement that the requester agrees to accept the care and custody costs for

the property on the date the property is available for transfer, as determined

by the Military Department.

The following criteria from the Federal Property Management Regulations

(41 CFR ~ 101-47.201-2) shall be used by the Military Department in reviewing II Wmtcriteriaare

applications from DoD and Federal requesters: II ~awdto evaluate

-–. –. -— x— —-,

● The requirement upon which the request is based is both valid and

appropriate.

●

●

●

●

●

II uou ana reaeral

requests for

propetiy?

The proposed Federal use is consistent with the highest and best use of the

property.

The requested transfer will not have an adverse impact on the transfer of any

remaining portion of the base.

— In making the decision on the appropriateness of the use, the highest and best use,

and whether the proposed transfer will have an adverse impact of the disposal of

the remainder of the base, the Militay Department is encouraged to discuss the

proposed use with the L&k

The proposed transfer will not establish a new program or substantially

increase the level of an Agency’s existing programs.

The application offers fair market value for the property, unless waived.

The proposed transfer addresses applicable environmental responsibilities to

the satisfaction of the Military Department.

The proposed transfer is in the best interest of the Federal Government.

December 1997 3-9
Identitilna Interests in Real ProDertv and Reuse Planninci

When does the

Military Department

decide that property

is available for nonFederal use?

Requests from DoD Components should be forwarded by the Secretary of the

Military Department responsible for the installation to the Deputy Under

Secretary of Defense (Industrial Affairs and Installations) for review before final

approval by the Military Department of the application.

Should competing demands arise (e.g., two Federal Agencies submit acceptable

applications for the same property), the responsible Military Department will

resolve the conflict. The following additional factors should be considered:

● The needs of the military to carry out its mission.

. The proposal’s potential for economic development and job creation.

● The LRA’s comments.

● Other factors in the determination of highest and best use.

3.2.3 Making final determinations

The responsible Military Department shall make determinations of excess and

surplus property within 100 days of the notice of availability, and shall inform

the LRA of its determinations. If requested by the LR4, the Military Department

may postpone this determination for no more than six months after the date of

approval of closure or realignment.

●

●

●

Extensions beyond six months can only be granted by the Deputy Under

Secretary of Defense (Industrial Affairs and Installations) and will only be

granted in unusual cticumstances, with good cause shown.

Extensions of the deadline for surplus determination should be limited to the

portions of the installation on which there is an outstanding interest or

controversy. Every effort should be made to make surplus decisions on as

much of the installation as possible, within the specified timeframes.

SurPlus determinations for previously announced base closures should have

alr~ady been made unless & extensi& has been granted by the Deputy

Under Secretary of Defense (Industrial Affairs and Installations).

RECONSIDERATION OF SURPLUS DETERMINATION

At the discretion of the Military Department, a surplus determination maybe

withdrawn and a request reconsidered, when a Federal request is not made in a

timely fashion, or when an LRA requests that the denial of a Federal request be

reconsidered.

● Requests for transfer shall be made to the Military Deparhnent, provided that

property disposal has not already occurred, and the Mtitary Department will

notify the LR4 of the request. Review of the request must employ the criteria

specified in Section 3.2.2 above.

● Comments received from the LlU4 and the time and effort invested by the

LRA in the planning process should be considered when the Military

Department is reviewing a late request. Generally, the Military Department

should not entertain such a request unless the requested transfer is included

in the redevelopment plan.

3-10 December 1997
DoD Base Reuse Implementation Manual

3.3 IDENTIFYING INTERESTS IN SURPLUS P ROPERT Y

The Military Departments and the LIW will comply with the Redevelopment

Act, as amended, in identifying interests of State and local governments,

representatives of the homeless, and other interested parties in surplus Federal

property.

Note: the provisions of the Redevelopment Act apply only to BR4C 95 bases and fhose

BIUC 88,91, and 93 bases whose LRAs properly elecfed to follow fhe Redevelopment

Acf procedures. All ofher BlU4C 88,91, and 93 bases are subject fo fhe homeless

assistance procedures established by Title V of fhe Stewart B. McKinney Homeless

Assistance Acf (“McKinney Acf”) and Tifle XXIX of Pub. L. 103-160 (see Section 3.6

for defails). Homeless needs can only be addressed under one set of procedures; the

Department of Define and HUD generally will nof freat portions of an installation

under both the Redevelopment Acf and the McKinney Act.

The Redevelopment Act states specific tirnelines for LlL4 and HUD actions

throughout the process. After consultation with the LlL4 and HUD, DoD,

through the Director of OEA, may extend or postpone any deadline in the

Redevelopment Act based upon a finding that it is in the interest of the

communities affected by the closure of the installation.

3.3.1 Publicizing the availability of property

Once the surplus determination has been made, the responsible Military

Department shall:

● Provide information on the surplus real property to HUD and the

installation’s LR4. If there is no recognized LRA at the time of the surplus

determination, the Military Department will provide this information to the

Chief Executive Officer of the appropriate State.

. Publish information about the surplus real property in the Federal Register and

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

installation. The published information shall generally be the same as that

furnished to DoD Components and Federal Agencies in the notice of

availability.

● As soon as practicable after the list of installations recommended for closure

or realignment is approved, DoD, through OEA, should recognize an LRA for

the installation. Upon recognition, OEA shall publish information about the

LR4 (including name, address, telephone number, and point of contact) in the

Federal Regist@ and in a newspaper of general circulation in the vicinity of the

installation.

3.3.2 Soliciting notices of interest

The Redevelopment Act requires that the LRA receive notices of interest from

State and local governments, representatives of the homeless, and other

interested parties located in the vicinity of the installation (“interested parties”).

The representative of the homeless need not be located in the vicinity of the

installation as long as the representative proposes to serve the homeless

population in the vicinity of the installation. The LRA also has the option to

solicit notices of interest from State and local governments and other interested

parties that are interested in facilities that are eligible for public benefit transfers

under the Federal Property and Administrative Services Act of 1949 or the

II How are general

prope~ interests

sought and

identified?

II How are potentially

interested patiies

made aware of the

available property?

December 1997 3-11
Identifying Interests in Real Property and Reuse Planning

Surplus Property Act (49 U.S.C. 47151-47153), such as schools, public health

facilities, parks, prisons, historic monuments, etc. It is in the LRA’s interest to

identify all interests in the property before developing the redevelopment plan.

If the Military Department receives any notices of interest, it should provide

them to the LR4 for consideration as potential uses in its redevelopment

planning.

Representatives of the responsible Military Department, the BTC, and the OEA

Project Manager should assist the LIL4 in identifying interests in base property

(including how to conduct outreach efforts) and addressing expressions of

interest in its redevelopment plan. The Military Department, BTC, and OEA

Project Manager should also assist the LRA in identifying and enlisting the aid of

Federal Agencies that sponsor or approve public-purpose property conveyances

that could support the redevelopment plan.

What are the LOCAL TIMEFRAMES

timeframes for Although the process may begin at any time, the local reuse plannin g process

expressing intereat and identification of interests in surplus property must begin no later than the

to the LRA? completion of Federal screening which is deemed to be the date of the Federal

Register publication of available surplus property (& pre BRAC 95 installations, the

.LRA is not required to wait for a surplus determination to proceed with 10CR1 screening

and HUD will, on a case by case basis, determine whether these requirements have been

fulfilled). The deadline for expressing interest will be set by the LRA, but it can be

no earlier than three months and no later than six months after the LRA’s

publication in the local newspaper, which should be made no later than 30 days

after the Military Department’s surplus publication as described below (for preBRAC 95 installations that have elected to follow the Redevelopment Act, the L.RA shall

accept notices of interest for not less than 30 days). The LR4 is responsible for

informing interested parties of its process, including the required format, content,

deadline, and address for submitting formal notices of interest.

The LRA is required to publish the details of its process in a newspaper of

general circulation in the vicinity of the installation and notify the Military

Department of the deadline. Publication and notification of the deadline shall

occur no later than 30 days after the Military Department’s Federal Re&”ster

surplus publication (see Section 3.3.1). LRAs are strongly encouraged to make

this publication as soon as possible within the permissible 30-day period in order

to expedite the disposal process.

OUTREACH

The Military Department and the LR4 should assist State and local governments,

What types of II representatives of the homeless, and other interested parties in evaluating

outreach will the surplus property at the installation. The LR4 should coordinate this evaluation

LRA conduct? with the installation commander to ensure that there is no disruption to any

ongoing military activity at the base. Furthermore, the L&4 is required to

conduct outreach efforts to provide information on the identified surplus real

property to representatives of the homeless. LR4s are encouraged to contact the

local HUD field office which can provide an updated list of persons and

organizations that are representatives of the homeless in the vicinity of the

installation, and the LRA should invite these representatives of the homeless to

participate in the reuse planning process. These meetings should be in

conjunction with a workshop, seminar, or forum in which the LRA and

representatives of the homeless discuss homeless needs in the vicinity of the

3-12 December 1997
DoD Base Reuse Imdementation Manual

installation and whether there is appropriate property at the installation to meet

those needs. The LlV3 is responsible for formulating and undertaking this

outreach effort to make redevelopment planning as inclusive as possible.

The LRA should, while conducting its outreach efforts, work with the Federal

Agencies that sponsor public benefit transfers under the Federal Property and

Administrative Services Act of 1949 and the Surplus Property Act. Those

Agencies can provide a list of parties in the vicinity of the installation that might

be interested in and eligible for public benefit transfers. The LRA should make a

reasonable effort to inform such parties of the availability of the property and

incorporate their interests within the planning process. Expressions of interest

from such parties are not required to be incorporated into the redevelopment

plan, but must be considered.

3.3.3 Information required in a notice of interest II What supporting

For representatives of the homeless, a notice of interest (to the LR4) must contain information must

the following information accompany a notice

of interest in

● A description of the proposed homeless assistance program, including the property?

purposes to which the propenty or facility will be put, which may include uses Are there specific

such as supportive services, job and skills training, employment programs, information

requirements for

shelters, transitional or unlimited-stay housing, food and clothing banks, homeless

treatment facilities, or any other activity that clearly meets an identified need assistance

of the homeless. providers?

. A description of the need for the program.

. A description of the extent to which the program is or will be coordinated

with other homeless assistance programs or public uses in the communities in

the vicinity of the installation.

. Information about the physical requirements necessary to carry out the

program and a listing of potential buildings that meet those requirements.

● A description of the representative of the homeless that is submitting the

notice, including its capacity for carrying out the program and its finanaal

plan for the program’s implementation.

● An assessment of the time required to begin carrying out the program.

LRAs may publicly disclose the identity of the representative of the homeless

which submitted a notice of interest. But, an LRA may not publicly release any

information submitted to the LRA regarding the capacity of the representative of

the homeless to carry out its program, a description of the organization, or the

organization’s financial plan for implementing the program without the consent

of the homeless provider, unless such a release is authorized under Federal law

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

concerned is located. The notices of interest from entities other than

representatives of the homeless should specify the name of the entity and specific

interest in property or facilities, along with a description of the planned use.

LR4s may also wish to request that these entities submit a description of the

planned use to the sponsoring Federal Agency as well.

December 1997 3-13
Identifying Interests in Real Property and Reuse Planning

3.4 PREPARING THE REDEVELOPMENT PLAN AND ACCOMMODATING

What are the HOMELESS ASSISTANCE NEEDS

elements of a Within nine months after the deadline for notices of interest, the LRA is required redevelopment

pian? to complete its redevelopment plan for the closing installation, and submit its

How are homeless

application (containing the redevelopment plan and proposed homeless

assistance needs assistance) to HUD and the Military Department. In the event no application is

incorporated? submitted and no extension is requested as of the deadline to submit an

application, and the State turns down a written DoD request for the State to

become the LRA, the absence of such application will trigger an adverse

determination by HUD effective on the date of the elapsed deadlie. Under

these conditions, HUD will follow the process identified in paragraph 3.5.3.

Under the provisions of the Redevelopment Act, the LRA must provide an

opportunity for public comment before submitting its plan to HUD as part of its

application for homeless assistance conveyances. At least one public hearing

should be held and a summary of comments received during the process of

developing the application should be submitted with the application.

3.4.1 Considering and accommodating notices of interest

Under the Redevelopment Act, the LRA is required to consider the notices of

interest received from the representatives of the homeless and from other

interested parties, then bakmce those interests with the community’s economic

development needs.

In considering and accommodating homeless assistance needs, the LRA should

be nindful of the criteria used by HUD in evaluating the homeless assistance

provisions of redevelopment plans (see Section 3.5.2). In particular, the LR4

should ensure that its planning effort is consistent with the Consolidated Plan

prepared for HUD’s Community Development Block Grant program (CDBG), or

equivalent plan for addressing homeless needs in the vicinity of the installation.

LRAs were required to provide special consideration for those representatives of

the homeless at BRAC 88,91, and 93 bases that were awaiting approval from the

Department of Health and Human Services (HHS) on applications pending

under Title V of the McKinney Act when the LRA elected to proceed under the

Redevelopment Act. LRAs were ~quired to specifically address all pending

requests in their redevelopment plan and theix proposed homeless assistance

submitted to HUD (see Section 3.5).

SPECIAL CONSIDERATION

In the case of representatives of the homeless whose applications have been

What are the II approved by HHS under Title V of the McKinney Act, but the property applied

requirements for for had not been transferred when the LRA elected to proceed under the

approved McKinney Redevelopment Act, the LRA was required, in its redevelopment plan, to

Act applications? accommodate the provider with one of the following:

● The property requested;

. Properties, on or off the installation, that are substantially equivalent to those

requested;

. Sufficient funding to acquire such substantially equivalent properties;

3-14 December 1997
DoD Base Reuse Implementation Manual

● Services and activities that meet the needs identified in the application; or

. A combination of the properties, funding, and services and activities

described above. - -

The redevelopment planning process must include the i.dentiication of homeless needs and

r+ect a balance with local community and ecommic development needs. LRAs un”ll need to

establish linkages to local homeless providers as a catalyst for efiecfive planning. The following

case studies illustrate two q%ective community-based efforts.

Charleston Naval Base, Charleston, S=At the request of the Building

Economic Solutions Together (BEST) Committee, a tri-coun~ consortium of homeless

providers was organized. The Task Force, representing over 75 local provider

organizations, attempted to coordinate all homeless interests in the site under one

planning process. Assistance and reuse foIlow-up is focused on transitional housing, a

medical clinic, a service center, child-care facilities, a dining hall, warehousin~ and job

training sites. All of these uses were consistent with the efforts of, and fully supported

by, the BEST Committee.

Homestead AFB, Homestead, FL—Hurricane Andrew greatly exacerbated a

housing supply problem that had historically plagued the area. South Dade’s homeless

population was estimated at 1,800 when the reuse plan was developed. The reuse

committee’s subgroup on housing and the homeless teamed with Dade County’s

Homeless Trust to bring together areawide homeless providers to identify, negotiate,

and lead public outreach. The Trust is a quasi-governmental group that was created in

1992 to oversee the county’s homeless policies, as well as the moneys raised through a

county meal-and-beverage tax that are given to homeless providers. Strong leadership

from the Deputy Assistant Seaetary of HUD, who was assigned to the area to

coordinate the Federal response to the hurricane rebuildin~ assisted the effort. The

result 75 acres were set aside for homeless use; mental health, substance abuse,

vocational training, transitional housing and other services will also be made available

to the residents.

3.4.2 Contents of the redevelopment plan

The redevelopment plan is a document created by the LlL4 to meet the needs of

its member jurisdictions. The format and contents of the redevelopment plan are

not prescribed—they will vary widely depending upon the individual

circumstances unique to each local community organization and facility to be

disposed. It will often be structured to serve as a %lueprint” for local base

redevelopment and economic adjustment activity as well as provide input for the

Military Department’s NEPA analysis. Remember that each reuse plan is

different-it needs to be custom-designed by the LRA to meet the individual

needs of the community. While there isn’t any one format or model for a

redevelopment plan, often they contain many of the following elements:

9

●

●

A statement of the problem/impact (should be kept to a minimum).

An assessment of the strengths and weaknesses of the regional economy in

which reuse will occur.

A marketing strategy for attracting private sector tenants.

What information is

generally found in a

redevelopment

plan?

December 1997 3-75
Identifying Interests in Real Property and Reuse Planning

~ Highway Expansion

..W >’p Educational Institution

Figure 3-4. Example Redevelopment Plan—Land-Use Map

● A determination of infrastructure requirements and how they are to be

financed.

● An articulation of community goals, both short- and longer- term,

particularly as they relate to job creation and economic activity. This should

include a discussion of how the community goals are balanced with homeless

assistance needs.

● An identification of proposed land uses supportive of the community’s goals

and any specifically identified uses along with the intended conveyance

method for achieving the reuse (e.g., previously approved Federal requests or

DoD cantonment areas, public benefit conveyances, economic development

conveyances, public or negotiated sales; see Section 2.3 and Appendix A).

With respect to public benefit conveyances, the LRA’s plan makes a

recommendation on uses. During the formal public benefit screening process,

sponsoring Federal Agencies make a recommendation on useYs.

3-16 December 1997
DoD Base Reuse Imcdementation Manual

\

~~~ Economic Development Conveyance

P

@

Public Ahporl Conveyance

w-’” ““ ❑ Highway Conveyance (State DOT)

v

- .,,, . . . . . . ,$<,,

~\

7!@}:.

,,.>,,.+.,;6,.,

‘;>:::::, / State Park Public Benefit Conveyance

,+,. *$

$

*,: ~ Federal Agency Transfer (DOI)

Figure 3-5. Example Redevelopment P/an-Conveyance Methods

. h implementation strategy and an identification of the organization needed

to carry out the plan.

Figures 3-4 and 3-5, respectively, show the proposed land uses and conveyance

methods contained in a fictional redevelopment plan. This notional plan

combines a broad variety of public, private, commercial, and recreational land

uses to achieve a balanced reuse program.

During redevelopment planning, property recipients and/or uses and

conveyance methods may also be identified; for example, the State park, wildlife

refuge, highway expansion, and public airport land uses are most

straightforwardly achieved through specific conveyance methods that can only

be granted to certain agencies (i.e., State Department of Parks and Recreation,

Department of the Interior, State Department of Transportation, local airport

authority) that should have already been identified. Other land uses (e.g., light

December 1997 3-17
Identifying Interests in Real Property and Reuse Planning

industry) can be achieved tluough various conveyance methods and the users

may not be specifically identified until the implementation phase of

redevelopment.

Figure 3-5 emphasizes the LRA’s proposed conveyance methods for achieving

reuse. Where appropriate, public-purposes conveyances are used; for example,

the community college will acquire a facility through an educational public

benefit conveyance. In addition, the LRA proposes to acquire a large segment of

the developed area of the base by an Economic Development Conveyance, for

light industrial uses (see Figure 3-4). On the other hand, in the undeveloped area

of the installation, the LRA will achieve light industrial and residential land uses

through zoning and public sale, because the LRA does not want to assume

development responsibilities for that area. The developed residential area and

golf course will be conveyed by negotiated sale to the local government for lowincome housing and recreation, respectively, and a homeless assistance

conveyance will be used to satisfy a local need for worker training.

Comparison of Figures 3-4 and 3-5 shows that a broad variety of land uses and

conveyance methods can and should be used to achieve reuse of an installation.

A particular land use can be achieved through multiple conveyance methods

and, conversely, a single conveyance method can be used to obtain multiple land

uses. Effective redevelopment depends on selecting a combination of land uses

and conveyance methods that is appropriate to the local economic environment.

Figure 3-6 illustrates the evolution of interests and proposed uses for property

that can occur throughout the redevelopment planning process.

3.5 REVIEW OF HOMELESS ASSISTANCE APPLICATION FOR APPROVAL

3.5.1 Application to HUD

Under the provisions of the Redevelopment Act, the LR4 is required to submit

What information II its application containing the redevelopment plan and proposed homeless

does HUD require? assistance to the Secretary of the Military Department and the Secretary of HUD.

This application will show how the LRA has addressed the needs of the homeless

in the vicinity of the installation and must, at a minimum, include the following:

● A copy of the redevelopment plan with a summary of any public comments

received during the process of developing the plan.

● A description of the homeless assistance needs in the units of general local

government that comprise the LRA and a listing of those political

jurisdictions.

. A copy of each notice of interest for use of buildings and property to assist the

homeless, including a description of the manner in which the plan addresses

the interest expressed, and, if the plan does not address the interest, an

explanation. If the LRA decides not to accommodate a particular notice of

interest, the application must include an explanation of why the LRA

determined not to support the notice of interest. The reasons given in the

explanation may include the impact the program would have on the

community.

3-18 December 1997
DoD Base Reuse Implementation Manual

. A description of the impact that the implemented redevelopment plan will

have on the community.

. A summary of the LRA’s outreach actions to representatives of the homeless

including a list of the representatives the LW contacted during the outreach

process.

. Information about the property proposed for homeless assistance purposes,

including infrastructure and the availability of services and utilities.

. A description of the proposed activities to be carried out on or off the

installation and a discussion of how these activities meet a portion or all of the

needs of the homeless.

● A description of how buildings, property, funding, and/or services either on

or off the installation will be used to meet the needs of the homeless and an

explanation of the suitability of the buildings and property for that use.

. A assessment of the manner in which the application balances the needs of

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

installation for economic and other development.

. An explanation of how the application is consistent with the Consolidated

Plan or equivalent long-term plan for addressing homeless needs in the

vicinity of the installation.

● Copies of any legally binding agreements that the LW proposes to enter into

with representatives of the homeless.

3.5.2 HUD review of the application

HUD must complete its review of the LFL4’s application (with respect to the

expressed homeless interests) within 60 days after its receipt of a completed

application. It will then notify the Military Department and the LRA of its

findings. In particular, HUD wiIl determine whether the application and the

redevelopment plan, with respect to expressed homeless interests:

. 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 assist the homeless in such communities, and

the suitability of the buildings and property covered by the redevelopment

plan for the use and needs of the homeless in such communities.

● Takes into consideration any economic impact that the homeless assistance

provisions of the plan have on the communities in the vicinity of the

installation, including

What factors does

HUD consider in

reviewing an

appkation ?

— Whether the plan is feasible in light of demands that would be placed on

available social services, police and fire protection, and infrastructure in

the communi~.

December 1997 3-19
Identifying Interests in Real Property and Reuse Planning

,.

‘i

1“ Building 329 is a new administration building

located near the installation’s front gate. Its

age and location make it highly attractive for

reuse.

1

. . . . . . .._ . . . .. L!!---- 1

During Federal agency screening, the

Department of the Treasury indicates that it

needs Building 329 for a regional office for the

United States Customs Service. However, a

timely request is not submitted and the building

is declared surplus.

During redevelopment planning, the State

University approaches the LRA and proposes

including Building 329 in an educational public

benefit conveyance for a local campus. A local

engineering firm proposes to relocate its

operations into several buildings, including

Building 329. The Customs Service works with

the LRA to satisfy its needs.

In its redevelopment plan, the LRA elects to

include Building 329 in an application for an

Economic Development Conveyance. Following

negotiations, the boundaries of the campus are

reconfigured and the Customs Service’s need is

accommodated with an alternate facility. The

local engineering firm’s proposal is not

included in the plan.

:,= . .

. . .. . ..._. . .. . .. . . 1

Figure 3-6. Evolution of interests and Uses for a Notional Facility

3-20 December 1997
DoD Base Reuse Implementation Manual

— Whether the selected notices of interest are consistent with the

Consolidated Plan(s) or any other existing housing, social service,

community, economic, or other development plans adopted by the

political jurisdictions in the vicinity of the installation.

● Specifies the manner in which the buildings, property, funding, and/or

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

assistance purposes.

● Balances, in an appropriate manner, a portion or all of 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.

● 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 whether the outieach requirements have been fulfilled

by the LRA. HUD will carefully review the outreach process to ensure that

the LRA has adequately advertised the availability of installation properties to

representatives of the homeless and may compare the list of homeless

representatives contacted by the LIL4 against contacts maintained by HUD.

In the course of the review, the Secretary of HUD should 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. HUD may also consult and

negotiate with an LlL4 before or during its review to resolve any concerns, such

as a preliminary determination that the application and plan do not meet

relevant requirements. The LRA may modify the redevelopment plan and its

application in accordance with such negotiations and consultations.

At the completion of the review, HUD will provide its written determination to

the LRA and the Secretary of the Military Department. If the Secretary of HUD

determines that the application does not meet the review criteria, the Secretary

will also provide a summary of the deficiencies in the application, an explanation

of the determination, and a statement of the actions needed to address the

determination.

3.5.3 Revision of the application and redevelopment plan II Can the LRA revise

The LR4 will be given 90 days to address HUD’s determination and submit a its application and

revised application, if necessary. After reviewing the LR4’s revised application, plan?

HLJD will report to the Military Department and to the LRA on the results of its

review within 30 days. Failure to submit a revised application (or to obtain an

extension) shall result in a final determination, effective 90 days from the LlU4’s

receipt of HUD’s preliminary determination, that the application fails to meet

HUD’s review criteria.

If HUD determines the revised application is unacceptable or if no resubmission

is received, HUD will review the original application including the notices of

interest submitted by representatives of the homeless. Jn addition to reviewing

the original application, and when no original application was submitted, HUD:

. Shall consult with the homeless representatives, if any, for the purpose of

evaluating the continuing interest of such representatives in the use of

buildings or property at the installation to assist the homeless. This

December 1997 3-21
Identifying Interests in Real Property and Reuse Planning

How is property

conveyed for

homeless

assistance

purposes?

consultation can include a request that the representatives of the homeless

submit information regarding its program as outlined in Section

2905(b) (7)(L)(ii) of DBCRA 90, as amended;

● May consult with the applicable Military Department to determine the

suitability of the buildings and property at the installation for use to assist the

homeless; and

● May otherwise consult with representatives of the homeless and other parties

as necess~.

Within 90 days of its receipt of a revised application which HUD previously

determined did not meet the review criteria, HUD shall, based upon its reviews

and consultations, notify DoD and the LRA of the buildings and property at the

installation that HUD determines are suitable for use to assist the homeless, and

the extent to which the revised application meets the review criteria.

In the event that an LRA does not submit a revised application, HUD shall, based

upon its reviews and consultations, notify DoD and the LRA of the buildings and

property at the installation that HUD determines are suitable for use to assist the

homeless eithe~

. Within 190 days after HUD sends its preliminary notice of adverse

determination if an LRA has not submitted a revised application; or

● Within 390 days after the Military Department’s publication of its surplus

determination, if no application has been received and no extension has been

approved.

If HUD approves the LR4’s application, the Military Department, upon notice of

HUD’s determination, will dispose of buildings and property at the installation

in accordance with the record of decision or other NEPA decision document

prepared for the installation.

If the LRA’s application does not meet the review criteria, upon notice from HUD

regarding the suitability of property and/or the extent to which the LR4’s

application meets the criteria, DoD will dispose of the buildings and property in

consultation with HUD and the LRA.

HUD’s approval of the LRA’s application in no way dictates what property

conveyance methods should be used to transfer property to accomplish the uses

outlined in the redevelopment plan. Rather, the Military Department, as the

disposal authority, determines what disposal method should be used. For

property designated for homeless assistance purposes, one such method is a

homeless assistance conveyance (see Section 2.3 and Appendix A). Under a

homeless assistance conveyance, property can be conveyed at no cost, either to

the LRA or directly to the representative(s) of the homeless. The Military

Department does not need approval from HUD to dispose of property using this

authority.

. Under the Redevelopment Act, the LFM shall be responsible for the

implementation of and compliance with legally binding agreements under the

application.

3-22 December 1997
DoD Base Reuse Implementation Manual

. If a building or property reverts to the LILA under a legally binding

agreement under the application, the LIL4 shall (according to the

Redevelopment Act) 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. An LR4 is not required to

utilize the building or property to assist the homeless.

3.5.4 Determining eligibility to receive property under public-purpose

conveyances

No later than the LRA’s submission of its redevelopment plan, the Military

Department should formally notify the appropriate Federal sponsoring Agencies

of the availability of the property for their screening under the Federal Property

Management Regulations. F&member, the L&4 has nude a recommendation on ~

and the sponsoring Agencies will make a recommendation on the E. This notification

should be based upon the I.&4’s redevelopment plan. The Federal sponsoring

Agencies should formally notify eligible public and non-profit parties that the

property is available for public use. Any party requesting this property must

prepare an application for use of the property in accordance with the rules of the

sponsoring Federal Agency and submit the application to this Federal Agency.

In approving any application for public benefit or other public-purpose

conveyance of the property, the Military Department will exercise its discretion

based on the recommendation of the appropriate Federal sponsoring agency and

the LR4, as well as other relevant factors (e.g., environrnental impacts and

condition of the property). Only in unusual circumstances will a proposal be

considered if the application for property is not consistent with the

redevelopment plan. At the request of the LR4, the Military Department may

conduct the State and local public benefit screening at any time after the Military

Department’s publication of surplus property.

3.6 A CCOMMODATING H OMELESS A SSISTANCE N EEDS U NDE R

TITLE XXIX OF PUB. L. 103-160 (BRAC 88,91, AND 93 BASES)

This section outlines the procedures for the identification of real property to

fulfill the needs of the homeless that were createdby Title V of the Stewart B.

McKinney Homeless Assistance Act (42 U.S.C. ~ 11411), as implemented by

Section 2905(b)(6) of Pub. L. 101-510 and Section 204(b)(6) of Pub. L. 100-526,

according to the amendments in Title XXIX of Pub. L. 103-160. These procedures

apply to BRAC 88, 91, and 93 bases for which the LRA did not choose to provide

for the homeless under the alternate procedures in Section 2905(%)(7) of Pub. L.

101-510, as amended by Pub. L. 103-421, the Redevelopment Act. The alternate

procedures apply to BR4C 95 bases and those BRAC 88,91, and 93 bases for

which the LRA chose to follow the Redevelopment Act (see Sections 3.>3.5 for

details on this procedure).

The surplus determination for installations covered by this section should have

been made prior to publication of the rule, unless a postponement of the

determination was requested by the LIL4 and approved by the Deputy Under

Secretary of Defense (Industrial Affairs and Installations).

II How are recipients

of pubiic-purpose

conveyances

identified?

How are homeless

assistance needs

accommodated at

BRAC 88,91, and 93

bases?

Not later than the date of the surplus determination, the Military Department

shall complete any determinations or surveys necessary to identify those

properties available to assist the homeless. The Military Department shall submit

the list of available properties to HUD. HUD shall make a determination of the

suitability of each property to assist the homeless in accordance with the

December 1997 3-23
Identifying Interests in Real Property and Reuse Planning

McKinney Act. Within 60 days from the date of receipt of the information from

tie Military Department, HUD shall publish a list in the Federal Register of

suitable properties that shall become available when the base closes.

The listing of properties in the Federal Register under this procedure shall contain

the following statement. [The listing of 1988 base closure properties that w“ll be

reported to HUD shall refer fo Section 204(b)(6) of Pub. L.. 100-526 instead of Secfion

2905(b)(6) of Pub. L. 101-51OJ:

The properties contained in this listing are at closing and realigning militay

installations. This report is ba’ng acwmplished pursuant to

Section 2905(b)(6) of Pub. L 1OI-51O, as amended by Pub. L 103-160, In

accordance with Section 2905(b)(6), this property is subject to a one-time

publication under the McKinny Act after which properfy not prornded to

homeless assistance prom”ders mull not be published again unless there is no

expression of interest submitted by the local redevelopment authority in the

one-year pm”od following the end of the McKinny screening process pursuant

to this publication.

After the surplus determination, the Military Departments shall, unless already

completed, sponsor a workshop or seminar, where feasible, prior to publication

by HUD of the available properties in the Federal Regisfer, in communities that

have closing or realigning bases.

Providers of assistance to the homeless shall have 60 days from the date of the

Federal Re~”sb?r publication in which to submit to HHS expressions of interest in

any of the listed properties. If a provider indicates an interest in a listed

property, it shall have an additional 90 days after submission of its written notice

of interest to submit a formal application to HHS, a period that HHS can extend.

HHS shall then have 25 days after receipt of a completed application to review

and complete all actions on such applications.

During this screening process (from 60 to 175 days following the Federal Regisfer

publication, as appropriate), disposal Agencies shall take no final disposal action

or allow reuse of property that HUD has determined suitable and that may

become available for homeless assistance unless and until:

Q No timely expressions of interest from providers are received by I-D-E;

. NO timely applications from providers expressing interest are received by

HHS; or

● HHS rejects all applications received for a specific property.

The Military Department should promptly inforrn the affected LRA, the governor

of the State, local governments, and Agencies that support public benefit

conveyances of the date that surplus property will be available for community

reuse i.k

● NO provider expresses an interest in a property to HHS within the allotted

60 days;

. There are expressions of interest by homeless assistance providers, but no

application is received by HHS from such a provider within the subsequent

3-24 December 1997
DoD Base Reuse Implementation Manual

90-day application period (or within the longer application period if HHS has

granted an extension); or

● HHS rejects all applications for a specific property at any time during the

25-day HHS review period.

The LRA shall have one year from the date of notification to submit a written

expression of interest to incorporate the remainder of the property into a

redevelopment plan.

During the allotted one-year period for the LRA to submit a written expression of

interest for the property, surplus properties not already approved for homeless

use shall not be available for homeless assistance. The surplus properties will

also not be advertised by HUD as suitable during these one-year periods. The

surplus property may be available for interim leases consistent with existing

leasing regulations and guidance.

If the LRA does not express in writing its interest in a specific property during

the allotted one-year period, the disposal Agency shall again notify HUD of the

date of availability of the property for homeless assistance. HUD may then list

the property in the Federal Register as suitable and available after the base closes

following the procedures of Title V of the McKinney Act.

The listing of properties in the Federal Register under this procedure shall contain

the following statement. [The listing of 1988 base closure properties that W-ll be

reported to HUD shall refer to Section 204(b)(6) of Pub. L. 100-526 instead of Section

2905(b)(6) of Pub. L. 101-510]:

The properties contained in this listing are at closing and realigning military

installations. Tkis report is be@ accomplished pursuant to

Section 2905(b)(6) of Pub. L. 101-510, as amended by Pub. 1,.103-160. In

accoralznce with Section 2905(bX6), this property is subject to a one-time

publication under the McKinney Act after which property not provided to

homeless assistance prm”ders WW not be published again unless there is no

expression of interest submitted by the 10CRI redevelopment authority in the

one-year period following the end of the McKinney screening process pursuant

to this publication.

December 1997 3-25
Identifying Interests in Real Property and Reuse Planning

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3-26 December 1997