II

103D CONGRESS

2D SESSION S. 2491

To amend the Defense Authorization Amendments and Defense Base Closure

and Realignment Act and the Defense Base Closure and Realignment

Act of 1990 to improve the base closure process, and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 30 (legislative day, SEPTEMBER 12), 1994

Mrs. FEINSTEIN introduced the following bill; which was read twice and

referred to the Committee on Armed Services

A BILL

To amend the Defense Authorization Amendments and Defense Base Closure and Realignment Act and the Defense Base Closure and Realignment Act of 1990 to

improve the base closure process, and for other purposes.

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 Closure Commu5 nity Redevelopment Act of 1994’’.
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1 SEC. 2. DISPOSAL OF BUILDINGS AND PROPERTY AT MILI2 TARY INSTALLATIONS APPROVED FOR CLO3 SURE.

4 (a) IN GENERAL.—Section 2905(b) of the Defense

5 Base Closure and Realignment Act of 1990 (part A of title

6 XXIX of Public Law 101–510; 10 U.S.C. 2687 note) is

7 amended—

8 (1) by redesignating paragraph (7) as para9 graph (8); and

10 (2) by inserting after paragraph (6) the follow11 ing new paragraph (7):

12 ‘‘(7)(A) Determinations of the use to assist the home13 less of buildings and property located at installations ap14 proved for closure under this part after the date of the

15 enactment of this paragraph shall be determined under

16 this paragraph rather than paragraph (6).

17 ‘‘(B)(i) Not later than the date on which the Sec18 retary of Defense completes the final determination re19 ferred to in paragraph (5) relating to the use or transfer20 ability of any portion of an installation covered by this

21 paragraph, the Secretary shall—

22 ‘‘(I) identify the buildings and property at the

23 installation for which the Department of Defense

24 has a use, for which another department or agency

25 of the Federal Government has identified a use, or
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1 of which another department or agency will accept

2 a transfer;

3 ‘‘(II) take such actions as are necessary to

4 identify any building or property at the installation

5 not identified under subclause (I) that is excess

6 property or surplus property;

7 ‘‘(III) submit to the Secretary of Housing and

8 Urban Development and to the redevelopment au9 thority for the installation (or the chief executive of10 ficer of the State in which the installation is located

11 if there is no redevelopment authority for the instal12 lation at the completion of the determination) infor13 mation on any building or property that is identified

14 under subclause (II); and

15 ‘‘(IV) publish in the Federal Register and in a

16 newspaper of general circulation in the communities

17 in the vicinity of the installation information on the

18 buildings and property identified under subclause

19 (II).

20 ‘‘(ii) Upon the recognition of a redevelopment author21 ity for an installation covered by this paragraph, the Sec22 retary of Defense shall publish in the Federal Register and

23 in a newspaper of general circulation in the communities

24 in the vicinity of the installation information on the rede25 velopment authority.
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1 ‘‘(C)(i) State and local governments, representatives

2 of the homeless, and other interested parties located in

3 the communities in the vicinity of an installation covered

4 by this paragraph shall submit to the redevelopment au5 thority for the installation a notice of the interest, if any,

6 of such governments, representatives, and parties in the

7 buildings or property, or any portion thereof, at the instal8 lation that are identified under subparagraph (B)(i)(II).

9 A notice of interest under this clause shall describe the

10 need of the government, representative, or party concerned

11 for the buildings or property covered by the notice.

12 ‘‘(ii) The redevelopment authority for an installation

13 shall assist the governments, representatives, and parties

14 referred to in clause (i) in evaluating buildings and prop15 erty at the installation for purposes of this subparagraph.

16 ‘‘(iii) In providing assistance under clause (ii), a rede17 velopment authority shall—

18 ‘‘(I) consult with representatives of the home19 less in the communities in the vicinity of the instal20 lation concerned; and

21 ‘‘(II) undertake outreach efforts to provide in22 formation on the buildings and property to rep23 resentatives of the homeless, and to other persons or

24 entities interested in assisting the homeless, in such

25 communities.
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1 ‘‘(iv) It is the sense of Congress that redevelopment

2 authorities should begin to conduct outreach efforts under

3 clause (iii)(II) with respect to an installation as soon as

4 is practicable after the date of approval of closure of the

5 installation.

6 ‘‘(D)(i) State and local governments, representatives

7 of the homeless, and other interested parties shall submit

8 a notice of interest to a redevelopment authority under

9 subparagraph (C) not later than the date specified for

10 such notice by the redevelopment authority.

11 ‘‘(ii) The date specified under clause (i) shall be—

12 ‘‘(I) in the case of an installation for which a

13 redevelopment authority has been established as of

14 the date of the completion of the determinations re15 ferred to in paragraph (5), not earlier than 3

16 months and not later than 6 months after that date;

17 and

18 ‘‘(II) in the case of an installation for which a

19 redevelopment authority is not established as of such

20 date, not earlier than 3 months and not later than

21 6 months after the date of the establishment of a re22 development authority for the installation.

23 ‘‘(iii) Upon specifying a date for an installation under

24 this subparagraph, the redevelopment authority for the in25 stallation shall—
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1 ‘‘(I) publish the date specified in a newspaper

2 of general circulation in the communities in the vi3 cinity of the installation concerned; and

4 ‘‘(II) notify the Secretary of Defense of the

5 date.

6 ‘‘(E)(i) In submitting to a redevelopment authority

7 under subparagraph (C) a notice of interest in the use

8 of buildings or property at an installation to assist the

9 homeless, a representative of the homeless shall submit the

10 following:

11 ‘‘(I) A description of the homeless assistance

12 program that the representative proposes to carry

13 out at the installation.

14 ‘‘(II) An assessment of the need for the pro15 gram.

16 ‘‘(III) An assessment of the extent to which the

17 program is or will be coordinated with other home18 less assistance programs in the communities in the

19 vicinity of the installation.

20 ‘‘(IV) A description of the buildings and prop21 erty at the installation that are necessary in order

22 to carry out the program.

23 ‘‘(V) A description of the financial plan and the

24 organizational capacity of the representative to carry

25 out the program.
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1 ‘‘(VI) An assessment of the time required in

2 order to commence carrying out the program.

3 ‘‘(ii) A redevelopment authority may not release to

4 the public any information submitted to the redevelopment

5 authority under clause (i)(V) without the consent of the

6 representative of the homeless concerned unless such re7 lease is authorized under Federal law and under the law

8 of the State and communities in which the installation

9 concerned is located.

10 ‘‘(F)(i) The redevelopment authority for each instal11 lation covered by this paragraph shall prepare a redevelop12 ment plan for the installation. The redevelopment author13 ity shall, in preparing the plan, consider the interests in

14 the use to assist the homeless of the buildings and prop15 erty at the installation that are expressed in the notices

16 submitted to the redevelopment authority under subpara17 graph (C).

18 ‘‘(ii)(I) In preparing a redevelopment plan for an in19 stallation, a redevelopment authority and representatives

20 of the homeless shall prepare legally binding agreements

21 that provide for the use to assist the homeless of buildings

22 and property, resources, and assistance on or off the in23 stallation. The implementation of such agreements shall

24 be contingent upon the approval of the redevelopment plan
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1 by the Secretary of Housing and Urban Development

2 under subparagraph (H) or (J).

3 ‘‘(II) Agreements under this clause shall provide for

4 the reversion to the redevelopment authority concerned, or

5 to such other entity or entities as the agreements shall

6 provide, of buildings and property that are made available

7 under this paragraph for use to assist the homeless in the

8 event that such buildings and property cease being used

9 for that purpose.

10 ‘‘(iii) A redevelopment authority shall provide oppor11 tunity for public comment on a redevelopment plan before

12 submission of the plan to the Secretary of Defense and

13 the Secretary of Housing and Urban Development under

14 subparagraph (G).

15 ‘‘(iv) A redevelopment authority shall complete prepa16 ration of a redevelopment plan for an installation and sub17 mit the plan under subparagraph (G) not later than 1 year

18 after the date specified by the redevelopment authority for

19 the installation under subparagraph (D).

20 ‘‘(G)(i) Upon completion of a redevelopment plan

21 under subparagraph (F), a redevelopment authority shall

22 submit an application containing the plan to the Secretary

23 of Defense and to the Secretary of Housing and Urban

24 Development.
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1 ‘‘(ii) A redevelopment authority shall include in an

2 application under clause (i) the following:

3 ‘‘(I) A copy of the redevelopment plan, includ4 ing a summary of any public comments on the plan

5 received by the redevelopment authority under sub6 paragraph (F)(iii).

7 ‘‘(II) A copy of each notice of interest of use of

8 buildings and property to assist the homeless that

9 was submitted to the redevelopment authority under

10 subparagraph (C), together with a description of the

11 manner, if any, in which the plan addresses the in12 terest expressed in each such notice and, if the plan

13 does not address such an interest, an explanation

14 why the plan does not address the interest.

15 ‘‘(III) A summary of the outreach undertaken

16 by the redevelopment authority under subparagraph

17 (C)(iii)(II) in preparing the plan.

18 ‘‘(IV) A statement identifying the representa19 tives of the homeless and the homeless assistance

20 planning boards, if any, with which the redevelop21 ment authority consulted in preparing the plan, and

22 the results of such consultations.

23 ‘‘(V) An assessment of the manner in which the

24 redevelopment plan balances the expressed needs of

25 the homeless and the need of the communities in the
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1 vicinity of the installation for economic redevelop2 ment and other development.

3 ‘‘(VI) Copies of the agreements that the rede4 velopment authority proposes to enter into under

5 subparagraph (F)(ii).

6 ‘‘(H)(i) Not later than 60 days after receiving a rede7 velopment plan under subparagraph (G), the Secretary of

8 Housing and Urban Development shall complete a review

9 of the plan. The purpose of the review is to determine

10 whether the plan—

11 ‘‘(I) takes into consideration the size and na12 ture of the homeless population in the communities

13 in the vicinity of the installation, the availability of

14 existing services in such communities to meet the

15 needs of the homeless in such communities, and the

16 suitability of the buildings and property covered by

17 the plan to meet the needs of the homeless in such

18 communities;

19 ‘‘(II) takes into consideration, in regards to the

20 expressed interest and requests of representatives of

21 the homeless, the needs of the communities in the vi22 cinity of the installation for economic redevelopment

23 and other development with the needs of the home24 less in such communities;
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1 ‘‘(III) includes copies of the agreements that

2 the redevelopment authority proposes to enter into

3 under subparagraph (F)(ii);

4 ‘‘(IV) was developed in consultation with rep5 resentatives of the homeless and the homeless assist6 ance planning boards, if any, in the communities in

7 the vicinity of the installation; and

8 ‘‘(V) specifies the manner in which buildings

9 and property, resources, and assistance on or off the

10 installation will be made available for homeless as11 sistance purposes.

12 ‘‘(ii) The Secretary of Housing and Urban Develop13 ment may engage in negotiations and consultations with

14 a redevelopment authority before or during the course of

15 a review under clause (i) with a view toward resolving any

16 preliminary determination of the Secretary that a redevel17 opment plan does not meet a requirement set forth in that

18 clause. The redevelopment authority may modify the rede19 velopment plan as a result of such negotiations and con20 sultations.

21 ‘‘(iii) Upon completion of a review of a redevelopment

22 plan under clause (i), the Secretary of Housing and Urban

23 Development shall notify the Secretary of Defense and the

24 redevelopment authority concerned of the determination of
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1 the Secretary of Housing and Urban Development under

2 that clause.

3 ‘‘(iv) If the Secretary of Housing and Urban Develop4 ment determines as a result of such a review that a rede5 velopment plan does not meet the requirements set forth

6 in clause (i), a notice under clause (iii) shall include—

7 ‘‘(I) an explanation of that determination; and

8 ‘‘(II) a statement of the actions that the rede9 velopment authority must undertake in order to ad10 dress that determination.

11 ‘‘(I)(i) Upon receipt of a notice under subparagraph

12 (H)(iv) of a determination that a redevelopment plan does

13 not meet a requirement set forth in subparagraph (H)(i),

14 a redevelopment authority shall have the opportunity to—

15 ‘‘(I) revise the plan in order to address the de16 termination; and

17 ‘‘(II) submit the revised plan to the Secretary

18 of Housing and Urban Development.

19 ‘‘(ii) A redevelopment authority shall submit a revised

20 plan under this subparagraph to the Secretary of Housing

21 and Urban Development, if at all, not later than 90 days

22 after the date on which the redevelopment authority re23 ceives the notice referred to in clause (i).

24 ‘‘(J)(i) Not later than 30 days after receiving a re25 vised redevelopment plan under subparagraph (I), the Sec-
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1 retary of Housing and Urban Development shall review

2 the revised plan for purposes of determining if the plan

3 meets the requirements set forth in subparagraph (H)(i).

4 ‘‘(ii) The Secretary of Housing and Urban Develop5 ment shall notify the Secretary of Defense and the redevel6 opment authority concerned of the determination of the

7 Secretary of Housing and Urban Development under this

8 subparagraph.

9 ‘‘(K) Upon receipt of a notice under subparagraph

10 (H)(iii) or (J)(ii) of the determination of the Secretary

11 of Housing and Urban Development that a redevelopment

12 plan for an installation meets the requirements set forth

13 in subparagraph (H)(i), the Secretary of Defense shall dis14 pose of the buildings and property located at the installa15 tion that are identified in the plan as available for use

16 to assist the homeless in accordance with the provisions

17 of the plan. The Secretary of Defense may dispose of such

18 buildings or property directly to the representatives of the

19 homeless concerned or to the redevelopment authority con20 cerned.

21 ‘‘(L)(i) If the Secretary of Housing and Urban Devel22 opment determines under subparagraph (J) that a revised

23 redevelopment plan for an installation does not meet the

24 requirements set forth in subparagraph (H)(i), or if no

25 revised plan is so submitted, that Secretary shall—
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1 ‘‘(I) review the original redevelopment plan sub2 mitted to that Secretary under subparagraph (G),

3 including the notice or notices of representatives of

4 the homeless referred to in clause (ii)(II) of that

5 subparagraph;

6 ‘‘(II) consult with the representatives referred

7 to in subclause (I), if any, for purposes of evaluating

8 the continuing interest of such representatives in the

9 use of buildings or property at the installation to as10 sist the homeless;

11 ‘‘(III) request that each such representative

12 submit to that Secretary the items described in

13 clause (ii); and

14 ‘‘(IV) based on the actions of that Secretary

15 under subclauses (I) and (II), and on any informa16 tion obtained by that Secretary as a result of such

17 actions, indicate to the Secretary of Defense the

18 buildings and property at the installation that meets

19 the requirements set forth in subparagraph (H)(i).

20 ‘‘(ii) The Secretary of Housing and Urban Develop21 ment may request under clause (i)(III) that a representa22 tive of the homeless submit to that Secretary the following:

23 ‘‘(I) A description of the program of such rep24 resentative to assist the homeless.
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1 ‘‘(II) A description of the manner in which the

2 buildings and property that the representative pro3 poses to use for such purpose will assist the home4 less.

5 ‘‘(III) Such information as that Secretary re6 quires in order to determine the financial capacity of

7 the representative to carry out the program and to

8 ensure that the program will be carried out in com9 pliance with Federal environmental law and Federal

10 law against discrimination.

11 ‘‘(IV) A certification that police services, fire

12 protection services, and water and sewer services

13 available in the communities in the vicinity of the in14 stallation concerned are adequate for the program.

15 ‘‘(iii) The Secretary of Housing and Urban Develop16 ment shall indicate to the Secretary of Defense and to the

17 redevelopment authority concerned the buildings and

18 property at an installation under clause (i)(IV) to be dis19 posed of not later than 90 days after the date of a receipt

20 of a revised plan for the installation under subparagraph

21 (J).

22 ‘‘(iv) The Secretary of Defense shall dispose of the

23 buildings and property at an installation referred to in

24 clause (iii) to entities indicated by the Secretary of Hous25 ing and Urban Development or by transfer to the redevel-
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1 opment authority concerned for sale, exchange, lease, per2 mit, or transfer to such entities. Such disposal shall be

3 in accordance with the indications of the Secretary of

4 Housing and Urban Development under clause (i)(IV).

5 ‘‘(M)(i) In the event of the disposal of buildings and

6 property of an installation pursuant to subparagraph (K),

7 the redevelopment authority for the installation shall be

8 responsible for the implementation of agreements under

9 the redevelopment plan described in that subparagraph for

10 the installation.

11 ‘‘(ii) If a building or property reverts to a redevelop12 ment authority under such an agreement, the redevelop13 ment authority shall take appropriate actions to secure,

14 to the maximum extent practicable, the utilization of the

15 building or property by other homeless representatives to

16 assist the homeless. A redevelopment authority may not

17 be required to utilize the building or property to assist

18 the homeless.

19 ‘‘(N) The Secretary of Defense with respect to activi20 ties under this paragraph that are under the jurisdiction

21 of that Secretary and the Secretary of Housing and Urban

22 Development with respect to activities under this para23 graph that are under the jurisdiction of that Secretary

24 may, in consultation with the redevelopment authority

25 concerned, postpone or extend any deadline provided for
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1 under this paragraph in the case of an installation covered

2 by this paragraph for such period as the Secretary consid3 ers appropriate if the Secretary determines that such post4 ponement is in the interests of the communities affected

5 by the closure of the installation.’’.

6 (b) DEFINITIONS.—Section 2910 of such Act is

7 amended by adding at the end the following:

8 ‘‘(10) The term ‘representative of the homeless’

9 has the meaning given such term in section

10 501(h)(4) of the Stewart B. McKinney Homeless As11 sistance Act (42 U.S.C. 11411(h)(4).’’.

12 (c) CONFORMING AMENDMENT.—Section

13 2905(b)(6)(A) of such Act is amended by adding at the

14 end the following: ‘‘For procedures relating to the use to

15 assist the homeless of buildings and property at installa16 tions closed under this part after the date of the enact17 ment of this sentence, see paragraph (7).’’.

18 (d) APPLICABILITY TO INSTALLATIONS APPROVED

19 FOR CLOSURE BEFORE ENACTMENT OF ACT.—(1)(A)

20 Notwithstanding any provision of the 1988 base closure

21 Act or the 1990 base closure Act, as such provision was

22 in effect on the day before the date of the enactment of

23 this Act, and subject to subparagraphs (B) and (C), the

24 use to assist the homeless of building and property at mili25 tary installations approved for closure under the 1988
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1 base closure Act or the 1990 base closure Act, as the case

2 may be, before such date shall be determined in accord3 ance with the provisions of paragraph (7) of section

4 2905(b) of the 1990 base closure Act, as amended by sub5 section (a), in lieu of the provisions of the 1988 base clo6 sure Act or the 1990 base closure Act that would other7 wise apply to the installations.

8 (B)(i) The provisions of such paragraph (7) shall

9 apply to an installation referred to in subparagraph (A)

10 only if the redevelopment authority for the installation

11 submits a request to the Secretary of Defense not later

12 than 60 days after the date of the enactment of this Act.

13 (ii) In the case of an installation for which no redevel14 opment authority exists on the date of the enactment of

15 this Act, the chief executive officer of the State in which

16 the installation is located shall submit the request referred

17 to in clause (i) and act as the redevelopment authority

18 for the installation.

19 (C) The provisions of such paragraph (7) shall not

20 apply to any buildings or property at an installation re21 ferred to in subparagraph (A) for which the redevelopment

22 authority submits a request referred to in subparagraph

23 (B) within the time specified in such subparagraph (B)

24 if the buildings or property, as the case may be, have been

25 transferred or leased for use to assist the homeless under
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1 the 1988 base closure Act or the 1990 base closure Act,

2 as the case may be, before the date of the enactment of

3 this Act.

4 (2) For purposes of the application of such paragraph

5 (7) to the buildings and property at an installation, the

6 date on which the Secretary receives a request with respect

7 to the installation under paragraph (1) shall be treated

8 as the date on which the Secretary of Defense completes

9 the final determination referred to in subparagraph (B)

10 of such paragraph (7).

11 (3) Upon receipt under paragraph (1)(B) of a timely

12 request with respect to an installation, the Secretary of

13 Defense shall publish in the Federal Register and in a

14 newspaper of general circulation in the communities in the

15 vicinity of the installation information describing the rede16 velopment authority for the installation.

17 (4)(A) The Secretary of Housing and Urban Develop18 ment and the Secretary of Health and Human Services

19 shall not, during the 60-day period beginning on the date

20 of the enactment of this Act, carry out with respect to

21 any military installation approved for closure under the

22 1988 base closure Act or the 1990 base closure Act before

23 such date any action required of such Secretaries under

24 the 1988 base closure Act or the 1990 base closure Act,

25 as the case may be, or under section 501 of the Stewart
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1 B. McKinney Homeless Assistance Act (42 U.S.C.

2 11411).

3 (B)(i) Upon receipt under paragraph (1)(A) of a

4 timely request with respect to an installation, the Sec5 retary of Defense shall notify the Secretary of Housing

6 and Urban Development and the Secretary of Health and

7 Human Services that the disposal of buildings and prop8 erty at the installation shall be determined under such

9 paragraph (7) in accordance with this subsection.

10 (ii) Upon receipt of a notice with respect to an instal11 lation under this subparagraph, the requirements, if any,

12 of the Secretary of Housing and Urban Development and

13 the Secretary of Health and Human Services with respect

14 to the installation under the provisions of law referred to

15 in subparagraph (A) shall terminate.

16 (iii) Upon receipt of a notice with respect to an instal17 lation under this subparagraph, the Secretary of Health

18 and Human Services shall notify each representative of

19 the homeless that submitted to that Secretary an applica20 tion to use buildings or property at the installation to as21 sist the homeless under the 1988 base closure Act or the

22 1990 base closure Act, as the case may be, that the use

23 of buildings and property at the installation to assist the

24 homeless shall be determined under such paragraph (7)

25 in accordance with this subsection.
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1 (5) In preparing a redevelopment plan for buildings

2 and property at an installation covered by such paragraph

3 (7) by reason of this subsection, the redevelopment au4 thority concerned shall—

5 (A) consider and address specifically any appli6 cations for use of such buildings and property to as7 sist the homeless that were received by the Secretary

8 of Health and Human Services under the 1988 base

9 closure Act or the 1990 base closure Act, as the case

10 may be, before the date of the enactment of this Act

11 and are pending with that Secretary on that date;

12 and

13 (B) incorporate in the plan an accommodation

14 of the needs of the homeless on or off the installa15 tion that is at least substantially equivalent to the

16 accommodations of the needs of the homeless that

17 were provided for in any such applications that were

18 so received before such date and were approved by

19 that Secretary before that date.

20 (6) In the case of an installation to which the provi21 sions of such paragraph (7) apply by reason of this sub22 section, the date specified by the redevelopment authority

23 for the installation under subparagraph (D) of such para24 graph (7) shall be not less than 1 month and not more

25 than 6 months after the date of the submittal of the re-
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1 quest with respect to the installation under paragraph

2 (1)(B).

3 (7) For purposes of this subsection:

4 (A) The term ‘‘1988 base closure Act’’ means

5 the Defense Authorization Amendments and Base

6 Closure and Realignment Act (Public Law 100–526;

7 10 U.S.C. 2687 note).

8 (B) The term ‘‘1990 base closure Act’’ means

9 the Defense Base Closure and Realignment Act of

10 1990 (part A of title XXIX of Public Law 101–510;

11 10 U.S.C. 2687 note).

12 (e) CLARIFYING AMENDMENTS TO BASE CLOSURE

13 ACTS.—(1) Section 204(b)(6)(F)(i) of the Defense Au14 thorization Amendments and Base Closure Act and Re15 alignment Act (Public Law 100–526; 10 U.S.C. 2687

16 note) is amended by inserting ‘‘and buildings and property

17 referred to in subparagraph (B)(ii) which are not identi18 fied as suitable for use to assist the homeless under sub19 paragraph (C),’’ after ‘‘subparagraph (D),’’.

20 (2) Section 2905(b)(6)(F)(i) of the Defense Base

21 Closure and Realignment Act of 1990 (part A of title

22 XXIX of Public Law 101–510; 10 U.S.C. 2687 note) is

23 amended by inserting ‘‘and buildings and property re24 ferred to in subparagraph (B)(ii) which are not identified
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1 as suitable for use to assist the homeless under subpara2 graph (C),’’ after ‘‘subparagraph (D),’’.

3 SEC. 3. REPORTS ON COSTS OF ENVIRONMENTAL REMEDI4 ATION AT INSTALLATIONS TO BE CLOSED OR

5 REALIGNED.

6 (a) REPORTS REQUIRED.—(1) Not later than Janu7 ary 30 of each year in which the Secretary of Defense

8 will undertake activities relating to the closure or realign9 ment of a military installation approved for closure or re10 alignment under a base closure law, the Secretary shall

11 submit to the President, Congress, and the chief executive

12 officer of each State in which such an installation is lo13 cated the report referred to in paragraph (2).

14 (2) The report referred to in paragraph (1) shall—

15 (A) describe the costs, if any, incurred by the

16 Secretary during the previous year in carrying out

17 environmental restoration, waste management, and

18 environmental compliance activities at the installa19 tion; and

20 (B) include an estimate of the amounts re21 quired by the Secretary during the year in which the

22 report is submitted in order to carry out environ23 mental restoration, waste management, and environ24 mental compliance activities at the installation in ac-
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1 cordance with the base realignment and closure

2 cleanup plan for the installation.

3 (b) DEFINITIONS.—In this section:

4 (1) The term ‘‘base closure law’’ means the fol5 lowing:

6 (A) The provisions of title II of the De7 fense Authorization Amendments and Defense

8 Base Closure and Realignment Act (Public Law

9 100–526; 10 U.S.C. 2687 note).

10 (B) The Defense Base Closure and Re11 alignment Act of 1990 (part A of title XXIX of

12 Public Law 101–510; 10 U.S.C. 2687 note).

13 (2) The term ‘‘base realignment and closure

14 cleanup plan’’, with respect to a military installation,

15 means the plan for the expeditious environmental

16 cleanup necessary to facilitate conveyance of the

17 property of the installation to communities for eco18 nomic redevelopment.

19 SEC. 4. DESIGNATION OF AREAS AFFECTED BY BASE CLO20 SURES AND REALIGNMENTS AS ENTERPRISE

21 COMMUNITIES.

22 (a) DESIGNATION.—Section 1391(b) of the Internal

23 Revenue Code of 1986 is amended by adding at the end

24 the following new paragraph:
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1 ‘‘(3) ADDITIONAL ENTERPRISE COMMUNITIES

2 FROM BASE CLOSURE AREAS.—

3 ‘‘(A) IN GENERAL.—The appropriate Sec4 retaries may, in addition to any designations

5 under paragraph (1), designate 20 nominated

6 areas as enterprise communities but only if the

7 nominated areas are areas affected by the clo8 sure or realignment of a military installation

9 under a base closure law.

10 ‘‘(B) DEFINITION.—In this paragraph, the

11 term ‘base closure law’ means the following:

12 ‘‘(i) The provisions of title II of the

13 Defense Authorization Amendments and

14 Defense Base Closure and Realignment

15 Act (Public Law 100–526; 10 U.S.C. 2687

16 note).

17 ‘‘(ii) The Defense Base Closure and

18 Realignment Act of 1990 (part A of title

19 XXIX of Public Law 101–510; 10 U.S.C.

20 2687 note).’’.

21 (b) CRITERIA.—Section 1392 of such Code is amend22 ed by adding at the end the following new subsection:

23 ‘‘(d) SPECIAL RULE FOR BASE CLOSURE AREAS.—

24 In the case of a designation under section 1391(b)(3), sub25 section (a) shall not apply.’’
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1 (c) APPROPRIATE SECRETARY.—Section 1393(a)(1)

2 of such Code is amended by striking ‘‘and’’ at the end

3 of subparagraph (A), by striking the period at the end

4 of subparagraph (B) and inserting ‘‘, and’’, and by adding

5 at the end the following new subparagraph:

6 ‘‘(C) the Secretary of Defense in the case

7 of a designation of a nominated area under sec8 tion 1391(b)(3).’’.

9 SEC. 5. APPRAISAL OF PROPERTY AT INSTALLATIONS TO

10 BE CLOSED OR REALIGNED.

11 (a) UNDER 1988 ACT.—Section 204(b)(4) of the De12 fense Authorization Amendments and Defense Base Clo13 sure and Realignment Act (Public Law 100–526; 10

14 U.S.C. 2687 note) is amended—

15 (1) by redesignating subparagraphs (D) and

16 (E) as subparagraphs (E) and (F), respectively; and

17 (2) by inserting after subparagraph (C) the fol18 lowing new subparagraph (D):

19 ‘‘(D)(i) Before determining the estimated fair market

20 value of any real property or personal property to be

21 transferred under this paragraph, the Secretary shall—

22 ‘‘(I) notify the redevelopment authority con23 cerned of the guidelines and procedures to be used

24 by the Secretary in determining such fair market

25 value; and
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1 ‘‘(II) incorporate into such guidelines and pro2 cedures any recommendations of the redevelopment

3 authority that the Secretary considers appropriate.

4 ‘‘(ii) In the case of transfer of any real property or

5 personal property referred to in clause (iii), the fair mar6 ket value of the property upon transfer shall be—

7 ‘‘(I) the amount jointly determined by the Sec8 retary and the redevelopment authority concerned;

9 or

10 ‘‘(II) if the Secretary and the redevelopment

11 authority cannot agree upon an amount under

12 subclause (I), the amount determined by an appro13 priate third party jointly selected by the Secretary

14 and the redevelopment authority for the purpose of

15 such determination.

16 ‘‘(iii) Clause (ii) applies any to real property or per17 sonal property that may be transferred under this para18 graph if the estimated fair market value of such property,

19 as determined by the Secretary, exceeds the estimated fair

20 market value of such property, as determined by the rede21 velopment authority concerned, by the greater of—

22 ‘‘(I) the amount equal to 25 percent of the fair

23 market value of such property as determined by the

24 redevelopment authority; or

25 ‘‘(II) $500,000.’’.
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1 (b) UNDER 1990 ACT.—Section 2905(b)(4) of the

2 Defense Base Closure and Realignment Act of 1990 (Pub3 lic Law 100–526; 10 U.S.C. 2687 note) is amended—

4 (1) by redesignating subparagraphs (D) and

5 (E) as subparagraphs (E) and (F), respectively; and

6 (2) by inserting after subparagraph (C) the fol7 lowing new subparagraph (D):

8 ‘‘(D)(i) Before determining the estimated fair market

9 value of any real property or personal property to be

10 transferred under this paragraph, the Secretary shall—

11 ‘‘(I) notify the redevelopment authority con12 cerned of the guidelines and procedures to be used

13 by the Secretary in determining such fair market

14 value; and

15 ‘‘(II) incorporate into such guidelines and pro16 cedures any recommendations of the redevelopment

17 authority that the Secretary considers appropriate.

18 ‘‘(ii) In the case of transfer of any real property or

19 personal property referred to in clause (iii), the fair mar20 ket value of the property upon transfer shall be—

21 ‘‘(I) the amount jointly determined by the Sec22 retary and the redevelopment authority concerned;

23 or

24 ‘‘(II) if the Secretary and the redevelopment

25 authority cannot agree upon an amount under
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1 subclause (I), the amount determined by an appro2 priate third party jointly selected by the Secretary

3 and the redevelopment authority for the purpose of

4 such determination.

5 ‘‘(iii) Clause (ii) applies any to real property or per6 sonal property that may be transferred under this para7 graph if the estimated fair market value of such property,

8 as determined by the Secretary, exceeds the estimated fair

9 market value of such property, as determined by the rede10 velopment authority concerned, by the greater of—

11 ‘‘(I) the amount equal to 25 percent of the fair

12 market value of such property as determined by the

13 redevelopment authority; or

14 ‘‘(II) $500,000.’’.

15 SEC. 6. CREDIT FOR REDUCTION IN EMISSIONS OF AIR

16 POLLUTANTS AS A RESULT OF THE CLOSURE

17 OF MILITARY INSTALLATIONS.

18 (a) UNDER 1988 ACT.—Section 204 of the Defense

19 Authorization Amendments and Base Closure and Re20 alignment Act (Public Law 100–526; 10 U.S.C. 2687

21 note) is amended by adding at the end the following:

22 ‘‘(e) CREDITS FOR EMISSIONS OF AIR POLLUT23 ANTS.—(1)(A) The Secretary of Defense shall determine

24 the amount of the reduction in the emission of air pollut25 ants that will result from the cessation of activities of the
30

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1 Department of Defense at a military installation approved

2 for closure under this title. The Secretary shall determine

3 such amount with respect to each air pollutant emitted

4 by the installation.

5 ‘‘(B) The Secretary shall determine the amount of

6 the reduction in the emission of an air pollutant under

7 subparagraph (A) with respect to an installation in a man8 ner consistent with the determination of rates of emission

9 of the air pollutant under the plan established under title

10 I of the Clean Air Act (42 U.S.C. 7401 et seq.) for a re11 duction in or limit on the emission of the air pollutant

12 in the air quality control region in which the installation

13 is located.

14 ‘‘(2) Notwithstanding any other provision of law, the

15 Secretary, in consultation with the redevelopment author16 ity concerned, shall—

17 ‘‘(A) use the amount of the reduction in the

18 emission of an air pollutant under paragraph (1) as

19 an offsetting emission reduction against the emission

20 of the air pollutant by the Department of Defense

21 at another installation within the same air quality

22 control region as the installation achieving the re23 duction; or

24 ‘‘(B) if the Secretary determines that such use

25 is not desirable or necessary, by making the amount
31

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1 of the reduction available to a person or entity in ac2 cordance with paragraph (3).

3 ‘‘(3)(A) Notwithstanding any other provision of law,

4 a person or entity referred to in subparagraph (B) may

5 use the amount of an air pollutant emission reduction re6 ferred to in subparagraph (C) as an offsetting emission

7 reduction against the emission of the air pollutant by the

8 person or entity as a result of the operations of the person

9 or entity at the installation referred to in subparagraph

10 (B) for purposes of compliance with a plan established

11 under title I of the Clean Air Act for a reduction in or

12 limit on the emission of the air pollutant in the air quality

13 control region in which the installation is located.

14 ‘‘(B) Subparagraph (A) applies to any person or en15 tity—

16 ‘‘(i) who is the transferee from the Secretary of

17 Defense under this section of any real property or

18 facility located at a military installation approved for

19 closure under this title; and

20 ‘‘(ii) who owns or operates a major stationary

21 source (as used under section 182 of the Clean Air

22 Act (42 U.S.C. 7511a)) at the property or facility.

23 ‘‘(C) The amount of the offsetting air pollutant emis24 sion reduction available to a person or entity under sub-
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1 paragraph (A) as the result of the closure of a military

2 installation is the lesser of—

3 ‘‘(i) the amount of the air pollutant that the air

4 quality planning agency for the air quality control

5 region in which the installation is located determines

6 will be emitted by the major stationary source owned

7 or operated by the person or entity at the property

8 or facility; or

9 ‘‘(ii) the amount of the reduction in the emis10 sion of the air pollutant for the installation as deter11 mined under paragraph (1).

12 ‘‘(4) For purposes of this subsection, the term ‘air

13 pollutant’ shall include each air pollutant required to be

14 offset under part D of title I of the Clean Air Act (42

15 U.S.C. 7501 et seq.) or under applicable State law.’’.

16 (b) UNDER 1990 ACT.—Section 2905 of the Defense

17 Base Closure and Realignment Act of 1990 (part A of title

18 XXIX of Public Law 101–510; 10 U.S.C. 2687 note) is

19 amended by adding at the end the following:

20 ‘‘(f) CREDITS FOR EMISSIONS OF AIR POLLUT21 ANTS.—(1)(A) The Secretary of Defense shall determine

22 the amount of the reduction in the emission of air pollut23 ants that will result from the cessation of activities of the

24 Department of Defense at a military installation approved

25 for closure under this part. The Secretary shall determine
33

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1 such amount with respect to each air pollutant emitted

2 by the installation.

3 ‘‘(B) The Secretary shall determine the amount of

4 the reduction in the emission of an air pollutant under

5 subparagraph (A) with respect to an installation in a man6 ner consistent with the determination of rates of emission

7 of the air pollutant under the plan established under title

8 I of the Clean Air Act (42 U.S.C. 7401 et seq.) for a re9 duction in or limit on the emission of the air pollutant

10 in the air quality control region in which the installation

11 is located.

12 ‘‘(2) Notwithstanding any other provision of law, the

13 Secretary, in consultation with the redevelopment author14 ity concerned, shall—

15 ‘‘(A) use the amount of the reduction in the

16 emission of an air pollutant under paragraph (1) as

17 an offsetting emission reduction against the emission

18 of the air pollutant by the Department of Defense

19 at another installation within the same air quality

20 control region as the installation achieving the re21 duction; or

22 ‘‘(B) if the Secretary determines that such use

23 is not desirable or necessary, by making the amount

24 of the reduction available to a person or entity in ac25 cordance with paragraph (3).
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1 ‘‘(3)(A) Notwithstanding any other provision of law,

2 a person or entity referred to in subparagraph (B) may

3 use the amount of an air pollutant emission reduction re4 ferred to in subparagraph (C) as an offsetting emission

5 reduction against the emission of the air pollutant by the

6 person or entity as a result of the operations of the person

7 or entity at the installation referred to in subparagraph

8 (B) for purposes of compliance with a plan established

9 under title I of the Clean Air Act for a reduction in or

10 limit on the emission of the air pollutant in the air quality

11 control region in which the installation is located.

12 ‘‘(B) Subparagraph (A) applies to any person or en13 tity—

14 ‘‘(i) who is the transferee from the Secretary of

15 Defense under this section of any real property or

16 facility located at a military installation approved for

17 closure under this title; and

18 ‘‘(ii) who owns or operates a major stationary

19 source (as used under section 182 of the Clean Air

20 Act (42 U.S.C. 7511a)) at the property or facility.

21 ‘‘(C) The amount of the offsetting air pollutant emis22 sion reduction available to a person or entity under sub23 paragraph (A) as the result of the closure of a military

24 installation is the lesser of—
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1 ‘‘(i) the amount of the air pollutant that the air

2 quality planning agency for the air quality control

3 region in which the installation is located determines

4 will be emitted by the major stationary source owned

5 or operated by the person or entity at the property

6 or facility; or

7 ‘‘(ii) the amount of the reduction in the emis8 sion of the air pollutant for the installation as deter9 mined under paragraph (1).

10 ‘‘(4) For purposes of this subsection, the term ‘air

11 pollutant’ shall include each air pollutant required to be

12 offset under part D of title I of the Clean Air Act (42

13 U.S.C. 7501 et seq.) or under applicable State law.’’.

14 SEC. 7. SENSE OF CONGRESS ON USE OF SINGLE ENTITY

15 FOR ENVIRONMENTAL REMEDIATION AT IN16 STALLATIONS TO BE CLOSED OR REALIGNED.

17 (a) SENSE OF CONGRESS.—It is the sense of Con18 gress that the Secretary of Defense should consider carry19 ing out all environmental restoration, waste management,

20 and environmental compliance activities, or any of a relat21 ed series of such activities, at a military installation ap22 proved for closure or realignment under a base closure law

23 through a single entity.

24 (b) AUTHORITY TO USE SINGLE ENTITY.—Notwith25 standing any other provision of law, the Secretary of De-
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1 fense may carry out all environmental restoration, waste

2 management, and environmental compliance activities, or

3 any of a related series of such activities, at a military in4 stallation approved for closure or realignment under a

5 base closure law through a single entity if the Secretary

6 determines that carrying out such activities through such

7 an entity is feasible and appropriate.

8 (c) DEFINITION.—In this section, the term ‘‘base clo9 sure law’’ means the following:

10 (1) The provisions of title II of the Defense Au11 thorization Amendments and Defense Base Closure

12 and Realignment Act (Public Law 100–526; 10

13 U.S.C. 2687 note).

14 (2) The Defense Base Closure and Realignment

15 Act of 1990 (part A of title XXIX of Public Law

16 101–510; 10 U.S.C. 2687 note).

17 SEC. 8. REIMBURSEMENT OF CERTAIN TRANSFEREES OF

18 DEPARTMENT OF DEFENSE FOR BUSINESS

19 LOSS DUE TO ENVIRONMENTAL HAZARDS ON

20 TRANSFERRED PROPERTY.

21 (a) IN GENERAL.—(1) Except as provided in para22 graph (3) and subject to subsection (b), the Secretary of

23 Defense may reimburse in full the persons and entities re24 ferred to in paragraph (2) for any economic loss suffered

25 by the persons or entities as a result of the release or
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1 threatened release of any hazardous substance, pollutant

2 or contaminant, or petroleum or petroleum derivative as

3 a result of Department of Defense activities at any mili4 tary installation (or portion thereof) that is closed pursu5 ant to a base closure law.

6 (2) The persons and entities referred to in paragraph

7 (1) are the following:

8 (A) Any person or entity (other than an entity

9 of a State government or political subdivision there10 of) that acquires ownership or control of any facility

11 at a military installation (or any portion thereof) de12 scribed in paragraph (1) for the purposes (as deter13 mined by the Secretary of Defense) of carrying out

14 for-profit business activities at the facility.

15 (B) Any successor, assignee, transferee, or les16 see of a person or entity referred to in subparagraph

17 (A) if the Secretary determines that such successor,

18 assignee, transferee, or lessee carries out for-profit

19 business activities at the facility.

20 (C) Any lender of a person or entity referred to

21 in subparagraph (A) or (B).

22 (3) Paragraph (1) shall not apply to a person or en23 tity referred to in paragraph (2) to the extent that the

24 person or entity contributed to any release or threatened

25 release referred to in paragraph (1).
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1 (b) CONDITIONS.—No reimbursement may be pro2 vided under this section unless the person or entity mak3 ing a claim for reimbursement—

4 (1) notifies the Department of Defense in writ5 ing within 2 years after the claim accrues;

6 (2) furnishes to the Department of Defense

7 copies of pertinent documents the person or entity

8 receives;

9 (3) furnishes evidence or proof of any claim,

10 loss, or damage covered by this section; and

11 (4) provides, upon request of the Secretary of

12 Defense, access to the records and personnel of the

13 person or entity for purposes of settling the claim.

14 (c) SCOPE OF AUTHORITY OF SECRETARY OF DE15 FENSE.—In any case in which the Secretary of Defense

16 determines that a person or entity referred to in para17 graph (2) of subsection (a) may be entitled to reimburse18 ment under this section for economic loss suffered by the

19 person or entity as a result of a release or threatened re20 lease referred to in paragraph (1) of that subsection, the

21 Secretary may, at the discretion of the Secretary—

22 (1) pay the person or entity—

23 (A) an amount equal to the amount of the

24 economic loss (as determined by the Secretary);

25 and
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1 (B) an amount determined by the Sec2 retary to be appropriate in order to permit the

3 person or entity to maintain on-going for-profit

4 business activities at the facility while the Sec5 retary carries out remediation of the release or

6 threatened release; or

7 (2) purchase the facility from the person or en8 tity at a price jointly agreed upon by the Secretary

9 and the person or entity.

10 (d) RELATIONSHIP TO OTHER LAW.—Nothing in this

11 section shall be construed as affecting or modifying in any

12 way section 120(h) of the Comprehensive Environmental

13 Response, Compensation, and Liability Act of 1980 (42

14 U.S.C. 9620(h)).

15 (e) DEFINITIONS.—In this section:

16 (1) The terms ‘‘facility’’, ‘‘hazardous sub17 stance’’, ‘‘release’’, and ‘‘pollutant or contaminant’’

18 have the meanings given such terms in paragraphs

19 (9), (14), (22), and (33) of section 101 the Com20 prehensive Environmental Response, Compensation,

21 and Liability Act of 1980 (42 U.S.C. 9601(9), (14),

22 (22), and (33)), respectively.

23 (2) The term ‘‘base closure law’’ means the fol24 lowing:
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1 (A) The provisions of title II of the De2 fense Authorization Amendments and Defense

3 Base Closure and Realignment Act (Public Law

4 100–526; 10 U.S.C. 2687 note).

5 (B) The Defense Base Closure and Re6 alignment Act of 1990 (part A of title XXIX of

7 Public Law 101–510; 10 U.S.C. 2687 note).

8 SEC. 9. TREATMENT UNDER COMMUNITY REINVESTMENT

9 ACT OF COMMUNITIES AFFECTED BY THE

10 CLOSURE OR REALIGNMENT OF MILITARY IN11 STALLATIONS.

12 Section 804 of the Community Reinvestment Act of

13 1977 (12 U.S.C. 2903) is amended—

14 (1) in subsection (a)—

15 (A) in paragraph (1), by striking ‘‘and’’ at

16 the end;

17 (B) in paragraph (2), by striking ‘‘(2) take

18 such record’’ and inserting ‘‘(3) take the

19 records referred to in paragraphs (1) and (2)’’;

20 and

21 (C) by inserting after paragraph (1) the

22 following new paragraph:

23 ‘‘(2) if the institution serves a community af24 fected by the closure or realignment of a military in25 stallation under a base closure law, assess the insti-
41

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1 tution’s record of meeting the credit needs of that

2 entire community, consistent with the safe and

3 sound operation of the institution; and’’; and

4 (2) by adding at the end the following new sub5 section:

6 ‘‘(c) DEFINITION.—For purposes of subsection

7 (a)(2), the term ‘base closure law’ means the following:

8 ‘‘(1) The provisions of title II of the Defense

9 Authorization Amendments and Defense Base Clo10 sure and Realignment Act (Public Law 100–526; 10

11 U.S.C. 2687 note).

12 ‘‘(2) The Defense Base Closure and Realign13 ment Act of 1990 (part A of title XXIX of Public

14 Law 101–510; 10 U.S.C. 2687 note).’’.

Æ

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