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 manage-
ment 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 func-
tions in connection with the closure or realignment of
military installations.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Defense Reuse Com-
munity Partnership Act’’.
SEC. 2. BASE DISPOSAL MANAGEMENT CONTRACT.
(a) USE OF INDEPENDENT SITE MANAGER.—(1) In
order to fulfill the responsibilities of the Secretary of De-
fense under a base closure law, the Secretary may enter
into one or more contracts with independent entities (in
this section referred to as a ‘‘Site Manager’’) to assist the
Secretary in managing the site planning, approval, prepa-
ration, and disposal of excess and surplus real property
at military installations to be closed or realigned under
such base closure law. The Secretary shall select a Site
Manager in consultation with the affected local community
and may make the selection without reference to Federal
acquisition laws and regulations.
(2) During the term of a contract entered under this
subsection and the five-year period beginning on the ter-
mination date of the contract, the Site Manager subject
to that contract (and its affiliates) shall be barred from
bidding for or acquiring any interest in real property or
facilities located at any of the military installations to be
managed by the Site Manager, unless such acquisition is
necessary to execute the terms of the contract.
(b) QUALIFICATIONS.—In selecting a Site Manager,
the Secretary of Defense shall ensure that the Site Man-
ager, either directly or through its principals, has had
prior experience—
(1) in the site planning of properties located at
military installations;
(2) in dealing with local land use authorities in
the States in which the military installations to be
managed are located;
(3) in managing the cleanup of hazardous waste
contamination;
(4) in resolving land use issues under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and the National Historic Preservation
Act of 1966 (16 U.S.C. 470 et seq.); and
(5) in meeting such other qualifications as the
Secretary considers to be necessary to perform the
tasks set forth in this section.
(c) DUTIES GENERALLY.—Under the contract en-
tered into under subsection (a), a Site Manager shall—
(1) analyze the land use potential of the mili-
tary installations to be managed by the Site Man-
ager;
(2) coordinate with the applicable State and
local authorities to develop reuse options and obtain
necessary zoning and infrastructure approvals with
respect to these installations;
(3) manage the remediation of any adverse en-
vironmental conditions on these installations;
(4) coordinate with State and Federal agencies
to complete all reports and analyses required under
applicable law with respect to these installations;
(5) initiate and coordinate the notices and con-
sultations with Federal, State, regional, and local
agencies contemplated under the authority delegated
to the Secretary of Defense under a base closure law
and the procedures contemplated under section 501
of the Stewart B. McKinney Homeless Assistance
Act (42 U.S.C. 11411);
(6) manage through the use of community as-
sets the maintenance and interim use of these instal-
lations pending final disposition;
(7) prepare real property and facilities at these
installations for disposal (including any necessary
site-clearing and infrastructure installation); and
(8) manage the sale of sale parcels in accord-
ance with subsection (f).
(d) APPRAISAL.—Before incurring any expenses
under the contract, the Secretary of Defense shall cause
each proposed sale parcel at a military installation to be
managed by a Site Manager to be appraised to determine
the then-current ‘‘as-is’’ value of the parcel. The appraisal
shall be conducted in accordance with land appraisal regu-
lations issued by the Office of the Comptroller of the Cur-
rency and the Office of Thrift Supervision under title XI
of the Financial Institutions Reform, Recovery, and En-
forcement Act of 1989 (12 U.S.C. 3331 et seq.).
(e) BUDGET.—A Site Manager and the Secretary of
Defense shall jointly develop a detailed budget for each
phase of the site preparation and approval process for
each military installation to be managed by the Site Man-
ager. The contract entered into under subsection (a) shall
authorize the Site Manager through the sole exercise of
its reasonable business judgment, in accordance with the
approved budget and without reference to Federal acquisi-
tion laws and regulations, to engage contractors and other
professionals to complete all aspects of the site prepara-
tion and approval process, including environmental reme-
diation. The Secretary shall reimburse the Site Manager
for the reasonable overhead costs incurred by the Site
Manager and for payments due under the contracts and
subcontracts contemplated by this section.
(f) SALE PROCEDURES AND DISPOSITION OF PRO-
CEEDS.—After a sale parcel managed by a Site Manager
has received all necessary approvals and is otherwise ready
for sale, the Site Manager shall sell the parcel, as an agent
for the Secretary of Defense, in one or more transactions.
Each sale shall be on terms acceptable to the Secretary,
determined in consultation with the Site Manager and ap-
State in which the military installation involved is lo-
cated shall receive the amount that would be distrib-
uted pursuant to this paragraph.
(3) From amounts remaining after operation of
paragraph (1), the Site Manager involved shall re-
ceive 1⁄2 of the remainder.
(g) REPORTS.—(1) At such intervals as the Secretary
of Defense may prescribe, each Site Manager shall submit
to the Secretary reports describing the activities of the
Site Manager under a contract entered into under sub-
section (a) and such other information as the Secretary
may require.
(2) Not later than May 31, 1994, and May 31, 1995,
the Secretary of Defense shall submit to Congress a report
regarding all military installations covered by a contract
under this section and the status of the site preparation
and disposal process at the installations.
(h) BASE CLOSURE LAW DEFINED.—For purposes
of this section, the term ‘‘base closure law’’ means each
of the following:
(1) The Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law
101–510; 10 U.S.C. 2687 note).
(2) Title II of the Defense Authorization
Amendments and Base Closure and Realignment
Act (Public Law 100–526; 10 U.S.C. 2687 note).
(3) Section 2687 of title 10, United States
Code.
(4) Any other similar law enacted after the date
of the enactment of this Act.
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