II

104TH CONGRESS

1ST SESSION S. 803

To amend the Defense Base Closure and Realignment Act of 1990 in order

to revise the process for disposal of property located at installations

closed under that Act pursuant to the 1995 base closure round.

IN THE SENATE OF THE UNITED STATES

MAY 15, 1995

Mr. MCCAIN introduced the following bill; which was read twice and referred

to the Committee on Armed Services

A BILL

To amend the Defense Base Closure and Realignment Act

of 1990 in order to revise the process for disposal of

property located at installations closed under that Act

pursuant to the 1995 base closure round.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Base Transition Accel5 eration Act of 1995’’.
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1 SEC. 2. REVISION OF DISPOSAL PROCESS.

2 Section 2905(b) of the Defense Base Closure and Re3 alignment Act of 1990 (part A of title XXIX of Public

4 Law 101–510; 10 U.S.C. 2687 note) is amended—

5 (1) by redesignating paragraph (8) as para6 graph (9); and

7 (2) by inserting after paragraph (7) the follow8 ing new paragraph (8):

9 ‘‘(8)(A) Except as provided in paragraphs (1) and (9)

10 and notwithstanding any other provision of law, the dis11 posal of buildings and property located at installations ap12 proved for closure under this part after January 1, 1995,

13 shall be governed by the provisions of this paragraph. No

14 individual, group, or other entity (other than a department

15 or agency of the Federal Government acting solely on be16 half of such department or agency) may seek the use, by

17 transfer or otherwise, of buildings and property at instal18 lations covered by this paragraph except through the rede19 velopment plans for such installations under this para20 graph.

21 ‘‘(B)(i) The Secretary shall take such actions as the

22 Secretary determines necessary to ensure that final deter23 minations regarding whether another department or agen24 cy of the Federal Government has identified a use for any

25 portion of an installation covered by this paragraph, or

26 will accept transfer of any portion of such an installation,
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1 are completed not later than 60 days after the date of

2 approval of closure of the installation.

3 ‘‘(ii) Upon the completion of the determinations re4 ferred to in clause (i) with respect to an installation, the

5 Secretary shall publish the results of the determinations

6 in the Federal Register. In publishing such results, the

7 Secretary shall clearly identify the buildings and property

8 at the installation for which another department or agency

9 has identified a use or of which another department or

10 agency will accept transfer.

11 ‘‘(C)(i) Not later than 180 days after the date of

12 completion of determinations with respect to an installa13 tion under subparagraph (B), the redevelopment authority

14 for the installation shall prepare and submit to the Sec15 retary a redevelopment plan for the installation. The rede16 velopment plan shall address the buildings and property

17 of the installation that are not identified by the Secretary

18 under the second sentence of subparagraph (B)(ii).

19 ‘‘(ii)(I) Notwithstanding section 2910(9), the redevel20 opment authority for an installation covered by this para21 graph shall consist of any State and local governments and

22 tribal governments affected by the closure of the installa23 tion and any United States citizens, or groups of such citi24 zens, residing in a community in the vicinity of the instal25 lation, which governments and citizens are recognized by
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1 the Secretary as the redevelopment authority for purposes

2 of this paragraph.

3 ‘‘(II) The chief executive officer of the State in which

4 an installation covered by this paragraph is located may

5 resolve any disputes among citizens or groups of citizens

6 as to the individuals and groups constituting the redevel7 opment authority for the installation.

8 ‘‘(D)(i) Not later than 60 days after the date of the

9 submittal of a redevelopment plan under subparagraph

10 (C), the Secretary shall—

11 ‘‘(I) review the plan for purposes of determin12 ing whether to accept or reject the plan; and

13 ‘‘(II) accept or reject the plan.

14 ‘‘(ii) The Secretary shall notify the redevelopment au15 thority concerned of the acceptance or rejection of a plan

16 by the Secretary under clause (i). If the Secretary rejects

17 the plan, the Secretary shall set forth in the notice the

18 reasons for rejecting the plan.

19 ‘‘(E) If the Secretary rejects a redevelopment plan

20 under subparagraph (D)(i)(II), the redevelopment author21 ity concerned may prepare and submit to the Secretary

22 a revised redevelopment plan for the installation con23 cerned. The redevelopment authority shall submit a re24 vised redevelopment plan under this subparagraph, if at

25 all, not later than 90 days after the date on which the
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1 Secretary notifies the redevelopment authority of the re2 jection of the plan concerned by the Secretary under sub3 paragraph (D).

4 ‘‘(F)(i) Not later than 30 days after the date of the

5 submittal of a revised redevelopment plan under subpara6 graph (E), the Secretary shall—

7 ‘‘(I) review the plan for purposes of determin8 ing whether to accept or reject the plan; and

9 ‘‘(II) accept or reject the plan.

10 ‘‘(ii) The Secretary shall notify the redevelopment au11 thority concerned of the acceptance or rejection of a plan

12 by the Secretary under clause (i).

13 ‘‘(G)(i) The Secretary shall dispose of buildings and

14 property at an installation covered by this paragraph—

15 ‘‘(I) in the case of buildings or property for

16 which another Federal department or agency has

17 identified a use or of which another Federal depart18 ment or agency has requested transfer under sub19 paragraph (B), by transfer or other appropriate

20 means of disposal of such buildings or property to

21 the department or agency; and

22 ‘‘(II) in the case of buildings or property cov23 ered by the provisions of a redevelopment plan ap24 proved by the Secretary under this paragraph, in ac-
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1 cordance with the provisions of the redevelopment

2 plan.

3 ‘‘(ii) The provisions of section 120(h) of the Com4 prehensive Environmental Response, Compensation, and

5 Liability Act of 1980 (42 U.S.C. 9620(h)) shall apply to

6 any transfer of real property under this paragraph.

7 ‘‘(H) The Secretary may, in consultation with the re8 development authority concerned, postpone or extend any

9 deadline provided for under this paragraph in the case of

10 an installation covered by this paragraph for such period

11 as the Secretary determines appropriate if the Secretary

12 determines that such postponement is in the best interests

13 of the communities affected by the closure of the installa14 tion.’’.

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