I

103D CONGRESS

1ST SESSION H. R. 2719

To provide for the use of an independent site manager, selected by the

Secretary of Defense in consultation with local governments and residents

of communities adversely affected by base closures, to perform management functions in connection with the closure or realignment of military

installations.

IN THE HOUSE OF REPRESENTATIVES

JULY 23, 1993

Mr. FAZIO introduced the following bill; which was referred to the Committee

on Armed Services

A BILL

To provide for the use of an independent site manager,

selected by the Secretary of Defense in consultation with

local governments and residents of communities adversely

affected by base closures, to perform management functions in connection with the closure or realignment of

military installations.

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 ‘‘Defense Reuse Com5 munity Partnership Act’’.
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1 SEC. 2. BASE DISPOSAL MANAGEMENT CONTRACT.

2 (a) USE OF INDEPENDENT SITE MANAGER.—(1) In

3 order to fulfill the responsibilities of the Secretary of De4 fense under a base closure law, the Secretary may enter

5 into one or more contracts with independent entities (in

6 this section referred to as a ‘‘Site Manager’’) to assist the

7 Secretary in managing the site planning, approval, prepa8 ration, and disposal of excess and surplus real property

9 at military installations to be closed or realigned under

10 such base closure law. The Secretary shall select a Site

11 Manager in consultation with the affected local community

12 and may make the selection without reference to Federal

13 acquisition laws and regulations.

14 (2) During the term of a contract entered under this

15 subsection and the five-year period beginning on the ter16 mination date of the contract, the Site Manager subject

17 to that contract (and its affiliates) shall be barred from

18 bidding for or acquiring any interest in real property or

19 facilities located at any of the military installations to be

20 managed by the Site Manager, unless such acquisition is

21 necessary to execute the terms of the contract.

22 (b) QUALIFICATIONS.—In selecting a Site Manager,

23 the Secretary of Defense shall ensure that the Site Man24 ager, either directly or through its principals, has had

25 prior experience—
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1 (1) in the site planning of properties located at

2 military installations;

3 (2) in dealing with local land use authorities in

4 the States in which the military installations to be

5 managed are located;

6 (3) in managing the cleanup of hazardous waste

7 contamination;

8 (4) in resolving land use issues under the Na9 tional Environmental Policy Act of 1969 (42 U.S.C.

10 4321 et seq.) and the National Historic Preservation

11 Act of 1966 (16 U.S.C. 470 et seq.); and

12 (5) in meeting such other qualifications as the

13 Secretary considers to be necessary to perform the

14 tasks set forth in this section.

15 (c) DUTIES GENERALLY.—Under the contract en16 tered into under subsection (a), a Site Manager shall—

17 (1) analyze the land use potential of the mili18 tary installations to be managed by the Site Man19 ager;

20 (2) coordinate with the applicable State and

21 local authorities to develop reuse options and obtain

22 necessary zoning and infrastructure approvals with

23 respect to these installations;

24 (3) manage the remediation of any adverse en25 vironmental conditions on these installations;
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1 (4) coordinate with State and Federal agencies

2 to complete all reports and analyses required under

3 applicable law with respect to these installations;

4 (5) initiate and coordinate the notices and con5 sultations with Federal, State, regional, and local

6 agencies contemplated under the authority delegated

7 to the Secretary of Defense under a base closure law

8 and the procedures contemplated under section 501

9 of the Stewart B. McKinney Homeless Assistance

10 Act (42 U.S.C. 11411);

11 (6) manage through the use of community as12 sets the maintenance and interim use of these instal13 lations pending final disposition;

14 (7) prepare real property and facilities at these

15 installations for disposal (including any necessary

16 site-clearing and infrastructure installation); and

17 (8) manage the sale of sale parcels in accord18 ance with subsection (f).

19 (d) APPRAISAL.—Before incurring any expenses

20 under the contract, the Secretary of Defense shall cause

21 each proposed sale parcel at a military installation to be

22 managed by a Site Manager to be appraised to determine

23 the then-current ‘‘as-is’’ value of the parcel. The appraisal

24 shall be conducted in accordance with land appraisal regu25 lations issued by the Office of the Comptroller of the Cur-
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1 rency and the Office of Thrift Supervision under title XI

2 of the Financial Institutions Reform, Recovery, and En3 forcement Act of 1989 (12 U.S.C. 3331 et seq.).

4 (e) BUDGET.—A Site Manager and the Secretary of

5 Defense shall jointly develop a detailed budget for each

6 phase of the site preparation and approval process for

7 each military installation to be managed by the Site Man8 ager. The contract entered into under subsection (a) shall

9 authorize the Site Manager through the sole exercise of

10 its reasonable business judgment, in accordance with the

11 approved budget and without reference to Federal acquisi12 tion laws and regulations, to engage contractors and other

13 professionals to complete all aspects of the site prepara14 tion and approval process, including environmental reme15 diation. The Secretary shall reimburse the Site Manager

16 for the reasonable overhead costs incurred by the Site

17 Manager and for payments due under the contracts and

18 subcontracts contemplated by this section.

19 (f) SALE PROCEDURES AND DISPOSITION OF PRO20 CEEDS.—After a sale parcel managed by a Site Manager

21 has received all necessary approvals and is otherwise ready

22 for sale, the Site Manager shall sell the parcel, as an agent

23 for the Secretary of Defense, in one or more transactions.

24 Each sale shall be on terms acceptable to the Secretary,

25 determined in consultation with the Site Manager and ap-
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1 propriate local authorities. The proceeds from each sale

2 shall be divided among the Department of Defense, the

3 Site Manager involved, and appropriate local authorities

4 as follows:

5 (1) The Secretary of Defense shall receive an

6 amount equal to—

7 (A) the initial ‘‘as-is’’ appraised value of

8 the parcel established in accordance with sub9 section (d);

10 (B) the costs incurred by the Secretary

11 under the contract with the Site Manager

12 (other than environmental analysis and remedi13 ation costs, costs of preparing or conducting re14 ports, analyses, notices, and consultations re15 quired under applicable law, property mainte16 nance costs, and all other costs that the Sec17 retary would be required to incur if the contract

18 with the Site Manager did not exist) and the

19 reasonable costs of conducting the sale; and

(C) 1 20 ⁄3 of the remainder of the proceeds.

21 (2) From amounts remaining after operation of

22 paragraph (1), the applicable local authorities, as determined by the Secretary, shall receive 1 23 ⁄2 of the re24 mainder. If the appropriate local authorities cannot

25 be determined satisfactorily to the Secretary, the
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1 State in which the military installation involved is lo2 cated shall receive the amount that would be distrib3 uted pursuant to this paragraph.

4 (3) From amounts remaining after operation of

5 paragraph (1), the Site Manager involved shall receive 1 6 ⁄2 of the remainder.

7 (g) REPORTS.—(1) At such intervals as the Secretary

8 of Defense may prescribe, each Site Manager shall submit

9 to the Secretary reports describing the activities of the

10 Site Manager under a contract entered into under sub11 section (a) and such other information as the Secretary

12 may require.

13 (2) Not later than May 31, 1994, and May 31, 1995,

14 the Secretary of Defense shall submit to Congress a report

15 regarding all military installations covered by a contract

16 under this section and the status of the site preparation

17 and disposal process at the installations.

18 (h) BASE CLOSURE LAW DEFINED.—For purposes

19 of this section, the term ‘‘base closure law’’ means each

20 of the following:

21 (1) The Defense Base Closure and Realignment

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

23 101–510; 10 U.S.C. 2687 note).
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1 (2) Title II of the Defense Authorization

2 Amendments and Base Closure and Realignment

3 Act (Public Law 100–526; 10 U.S.C. 2687 note).

4 (3) Section 2687 of title 10, United States

5 Code.

6 (4) Any other similar law enacted after the date

7 of the enactment of this Act.

Æ