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(other than the State in which the in- 891.6 Delegations of authority.
(a) The authority provided by seclation.
tions 202 and 203 of the Federal Prop
erty and Administrative Services Act (k) Installation. A base, camp, post,
of 1949, as amended (40 U.S.C. 483 and station, yard, center, homeport facility
484) for the utilization and disposal of for any ship, or other activity under
excess and surplus property at closing the jurisdiction of the Department of
and realigning bases has been delegated Defense, including any leased facility.
by the Administrator, GSA, to the SecSuch term does not include any facility retary of Defense by delegations dated used primarily for civil works, rivers,
March 1, 1989; October 9, 1990; and, Sepand harbors projects, flood control, or
tember 13, 1991.2 Authority under these other project
not under the primary ju- delegations has been previously delerisdiction or control of the Department gated to the Secretaries of the Military of Defense.
Departments, who may delegate this
authority further. 891.4 Policy.
(b) Authorities delegated to the AsIt is DoD policy to help communities sistant Secretary of Defense for Ecoimpacted by base closures and realign- nomic Security by $90.5 of this chapter ments achieve rapid economic recovery are hereby redelegated to the Secretarthrough effective reuse of the assets of ies of the Military Departments, unless closing and realigning bases-more otherwise provided within this part or quickly, more effectively and in ways other DoD directive, instruction, manbased on local market conditions and ual or regulation. These authorities locally developed reuse plans. This will may be delegated further. be accomplished by quickly ensuring that communities and the Military De- 891.7 Procedures. partments communicate effectively
(a) Identification of interest in real and work together to accomplish mu
property. (1) To speed the economy retual goals of quick property disposal
covery of communities affected by cloand rapid job generation. This regula- sures and realignments, it is DoD poltion does not create any rights or rem- icy to identify DoD and federal interedies and may not be relied upon by ests in real property at closing and reany person, organization, or other en
aligning military bases as quickly as tity to allege a denial of any rights or possible. The Military Department havremedies other than those provided by ing responsibility for the closing or reTitle XXIX of Public Law 103-160, or
aligning base shall identify such interPublic Law 103-421.
ests. The Military Department will
keep the Local Redevelopment Author891.5 Responsibilities.
ity (LRA) informed of these interests. (a) The Assistant Secretary of De. This section establishes a uniform fense for Economic Security, after co- process, with specified timelines, for ordination with the General Counsel of identifying real property which is exthe Department of Defense and other cess to the Military Department for officials as appropriate, may issue such use by other Departments of Defense guidance and instructions through the (DoD) Components and other federal publication of a manual or other such agencies, and for the disposal of surguidance as may be necessary to imple- plus property for various purposes. ment Laws, Directives and Instructions (2) Upon the President's submission on the retention or disposal of real and of the recommendations for base clopersonal property at closing or realign- sures and realignments to the Congress ing bases.
in accordance with the Defense Base (b) The Heads of the DoD Compo- Closure and Realignment Act of 1990 nents shall ensure compliance with this part and guidance issued by the
2 Available from the Office of the Assistant Assistant Secretary of Defense for Eco
Secretary of Defense (Economic Security), nomic Security on revitalizing base The Pentagon, Room 1D760, Washington, DC closure communities.
20301-3300; e mail: base_ email@example.com
(Pub. L. 101-510), the Military Depart- (1) Within 90 days of the notice of ment shall send out a notice of poten- availability, the FAA should survey tial availability to the other DoD Com- the air traffic control and air navigaponents, and other federal agencies. tion equipment at the installation to The notice of potential availability is a determine what is needed to support public document and should be made the air traffic control, surveillance, available in a timely basis, upon re- and communications functions supquest. Federal agencies are encouraged ported by the Military Department, to review this list, and to evaluate and to identify the facilities needed to whether they may have a requirement support the National Airspace System. for the listed properties. The notice of FAA requests for property to manage potential availability should describe the National Airspace System will not the property and buildings that may be be governed by paragraph (a)(9) of this available for transfer. Installations section. Instead, such requests will be which wholly or in part are comprised governed by the requirements of 41 of withdrawn and reserved public do CFR 101-47.308–2, to determine the main lands should implement para- transfer of property necessary for congraph (a)(12) of this section at the same
trol of the airspace being relinquished time.
by the Military Department. (3) Military Departments should con
(7) The Military Department will sider LRA input in making determina- keep the LRA informed of the progress tions on the retention of property (size
in identifying interests. At the same of cantonment area), if provided. Gen- time, the LRA is encouraged to contact erally, determinations on the retention federal agencies which sponsor public of property (or size of the cantonment benefit transfers for information and area) should be completed prior to the
technical assistance. The Military Dedate of approval of the closure or re
partment will provide points of contact
at the federal agencies to the LRA. alignment. (4) Within one week of the date of ap
(8) Federal agencies and DoD Compoproval of the closure or realignment, plans and needs with the LRA, if an
nents are encouraged to discuss their the Military Department shall issue a formal notice of availability to other eral agencies are encouraged to notify
LRA exists. DoD Components and fedDoD Components and federal agencies the Military Department of the results covering closing and realigning instal- of this non-binding consultation. The lation buildings and property available Military Departments, the Base Tranfor transfer to other DoD Components sition Coordinator, and the Office of and federal agencies. Withdrawn public
Economic Adjustment Project Manager domain lands, which the Secretary of are available to help facilitate commuthe Interior has determined are suit
nication between the federal agencies, able for return to his jurisdiction, will
DoD Components, and the LRA. not be included in the notice of avail
(9) A request for property from a DoD ability.
Component or federal agency must con(5) Within 30 days of date of the no- tain the following information: tice of availability, any DoD Compo- (i) A completed GSA Form 1334, Renent or federal agency is required to quest for Transfer (for requests from provide a written, firm expression of other DoD Components a DD Form 1354 interest for buildings and property. An is required). This must be signed by the expression of interest must explain the head of the Component of the Departintended use and the corresponding re- ment or Agency requesting the propquirement for the buildings and prop- erty. If the authority to acquire property.
erty has been delegation, a copy of the (6) Within 60 days of the date of the delegation must accompany the form; notice of availability, the DoD Compo- (ii) A statement from the head of the nent or federal agency expressing in- requesting Component or agency that terest in buildings or property must the request does not establish a new submit an application for transfer of program (i.e., one that has never been such property to the Military Depart- reflected in a previous budget submisment or federal agency.
sion or Congressional action);
(iii) A statement that the requesting (ii) The proposed federal use is conComponent or agency has reviewed its sistent with the highest and best use of real property holdings and cannot sat the property; isfy this requirement with existing (iii) The requested transfer will not property. This review must include all have an adverse impact on the transfer property under the requester's ac of any remaining portion of the base; countability, including permits to (iv) The proposed transfer will not esother federal agencies and outleases to tablish a new program or substantially other organizations;
increase the level of an agency's exist(iv) A statement that the requested ing programs; property would provide greater long (v) The application offers fair market term economic benefits than acquisi value for the property, unless waived; tion of a new facility or other property (vi) The proposed transfer addresses for the program;
applicable environmental responsibil(v) A statement that the program for ities to the satisfaction of the Military which the property is requested has Department; and long-term viability;
(vii) The proposed transfer is in the (vi) A statement that considerations best interest of the Government. of design, layout, geographic location, (11) When there are more than one age, state of repair, and expected main acceptable applications for the same tenance costs of the requested property building or property, the Military Declearly demonstrate that the transfer partment responsible for the installawill prove more economical over a sus tion should first consider the needs of tained period of time than acquiring a the military to carry out its mission. new facility;
The Military Department should then (vii) A statement that the size of the consider the proposal's economic develproperty requested is consistent with opment and job creation potential and the actual requirement;
the LRA's comments, as well as the (viii) A statement that fair market other factors in the determination of value reimbursement to the Military highest and best use. Department will be made within two (12) Closing or realigning installayears of the initial request for the tions may contain "public domain property, unless this obligation is lands" which have been withdrawn by waived by the Office of Management the Secretary of the Interior from op and Budget and the Secretary of the eration of the public land laws and reMilitary Department or a public law served for the Defense Department's specifically provides for a non-reim use. Lands deemed suitable for return bursable transfer. However, requests to the public domain are not real prop from the Military Departments or DoD erty governed by the Federal Property Components do not need an Office of and Administrative Services Act of Management and Budget waiver; and 1949, as amended (40 U.S.C. 472), and are
(ix) A statement that the requesting not governed by the property manage DoD Component or federal agency ment and disposal provisions of the agrees to accept the care and custody Base Closure and Realignment Act of costs for the property on the date the 1988 (Pub. L. 100-526) and Defense Base property is available for transfer, as Closure and Realignment Act of 1990 determined by the Military Depart (Pub. L. 101–510). Public domain lands ment.
are under the jurisdiction of the Sec(10) The Military Department will retary of the Interior and administered make it decision on a request from a by the Bureau of Land Management federal agency, Mi cary epartment, (BLM) unless the Secretary of the Inteor DoD Component based upon the fol rior has withdrawn the lands and relowing factors, from the Federal Prop served them for another federal agenerty Management Regulations (41 CFR cy's use. 101-47.201-2):
(i) The Military Department respon(1) The paramount consideration sible for a closing or realigning instalshall be the validity and appropriate lation will provide the BLM with the ness of the requirement upon which the notice of potential availability, as well proposal is based;
as information about which, if any,
public domain lands will be affected by (1) In unusual circumstances, extenthe installation's closing.
sions beyond six months can be granted (11) The BLM will review the notice by the Assistant Secretary of Defense of potential availability to determine of Economic Security. if any installations contain withdrawn (ii) Extensions of the surplus deterpublic domain lands. Before the date of mination should be limited to the porapproval of the closure or realignment, tions of the installation where there is the BLM will review its land records to an outstanding interest, and every efidentify any withdrawn public domain fort should be made to make decisions lands at the closing installations. Any on as much of the installation as posrecords discrepancies between the BLM sible, within the specified timeframes. and Military Departments should be re- (14) Once the surplus determination solved within this time period. The has been made, the Military DepartBLM will notify the Military Depart- ment shall: ments as to the final agreed upon with- (1) Follow the procedures outlined in drawn and reserved public domain paragraph (b) of this section, if applicalands at installations.
ble. (iif) Upon agreement as to what with- (ii) Or, for installations approved for drawn and reserved public domain closure or realignment after October lands are affected at closing installa- 25, 1994, and installations approved for tions, the BLM will initiate a screening closure or realignment prior to October of DOI agencies to determine if these 25, 1994, that have elected, prior to Delands are suitable for programs of the cember 24, 1994, to come under the Secretary of the Interior.
process outlined in the Base Closure (iv) Military Departments will trans- Community Redevelopment and Homemit a Notice of Intent to Relinquish less Assistance Act of 1994, follow the (see 43 CFR part 2372) to the BLM as procedures outlined in paragraph (c) of soon as it is known that there is no this section. DoD Component interest in reusing the (15) Following the surplus determinapublic domain lands. The BLM will tion, but prior to the disposal of propcomplete the suitability determination erty, the Military Department may, at screening process within 30 days of re- its discretion, withdraw the surplus deceipt of the Military Department's No- termination and evaluate a federal tice of Intent to Relinquish. If a DoD agency's late request for excess prop Component is approved to reuse the erty. public domain lands, the BLM will be (1) Transfers under this paragraph notified and BLM will determine if the shall be limited to special cases, as decurrent authority for military use of termined by the Secretary of the Milithese lands needs to be modified/ tary Department. amended.
(ii) Requests shall be made to the (v) If BLM determines the land is Military Department, as specified suitable for return, they shall notify under paragraphs (a)(8) and (a)(9) of the Military Department that the in- this section, and the Military Departtent of the Secretary of the Interior is ment shall notify the LRA of such late to accept the relinquishment of the request. Military Department.
(iii) Comments received from the (vi) If BLM determines the land is LRA and the time and effort invested not suitable, the land should be dis- by the LRA in the planning process posed of pursuant to base closure law. should be considered when the Military
(13) The Military Department should Department is reviewing a late request. make its surplus determination within (b) Homeless screening for properties 100 days of the issuance of the notice of not covered by the Base Closure Comavailability, and shall inform the LRA munity Redevelopment and Homeless of the determination. If requested by Assistance Act of 1994. (1) This section the LRA, the Military Department outlines the procedure created for the may postpone the surplus determina- identification of real property to fulfin tion for a period of no more than six the needs of the homeless by section months after the date of approval of 2905(b)(6) of Pub. L. 101-510, as amended the closure of realignment.
by Public Law 103-160 (referred to as I (7-1-96 Edition
) the Pryor Amendment). It applies to (3) Providers of assistance to the BRAC 88, 91 and 93 bases if the LRA did homeless shall then have 60 days in not elect to be subject to the alternate which to submit expressions of interest homeless assistance screening proce- to HHS in any of the listed properties. dure contained in the Base Closure If a provider indicates an interest in a Community Redevelopment and Home- listed property, it shall have an addiless Assistance Act of 1994.
tional 90 days after submission of its (2) The Military Department shall written expression of interest to subsponsor a workshop or seminar in the mit a formal application to HHS, a pecommunities which have closing or re- riod which HHS can extend. HHS shall aligning bases, unless such a workshop then have 25 days after receipt of a or seminar has already been held. completed application to review and These workshops or seminars will be complete all actions on such applicaconducted prior to the FEDERAL REG- tions. ISTER publication by HUD of available (4) During this screening process property to assist the homeless.
(from 60 to 175 days following the FED(i) Not later than the date upon ERAL REGISTER publication, as approwhich the determination of surplus is priate), disposal agencies shall take no made, the Military Department shall final disposal action or allow reuse of complete any determinations or sur property that HUD has determined veys necessary to determine whether suitable and that may become availany building is available to assist the able for homeless assistance unless and homeless. The Military Department until: shall then submit the list of properties (1) No timely expressions of interest available to assist the homeless to from providers are received by HHS; HUD.
(11) No timely applications from pro(ii) HUD shall make a determination viders expressing interest are received of the suitability of each property to by HHS; or, assist the homeless in accordance with (iii) HHS rejects all applications rethe Stewart B. McKinney Homeless As- ceived for a specific property. sistance Act, 42 U.S.C. 11411, (the (5) The Military Department should McKinney Act). Within 60 days from promptly inform the affected LRA, the the date of receipt of the information Governor of the State, local governfrom the Department of Defense, HUD ments, and agencies which support shall publish a list of suitable prop- public benefit conveyances of the date erties that shall become available the surplus property will be available when the base closes or realigns.
for community reuse if: (iii) The listing of properties in the (1) No provider expresses an interest FEDERAL REGISTER under this proce- to HHS in a property with the allotted dure shall contain the following state- 60 days; ment. (The listing of 1988 base closure (ii) There are expressions of interest properties that will be reported to HUD by homeless assistance providers, but shall refer to section 204(b)(6) of Public no application is received by HHS from Law 100-526 instead of section 2905(b)(6) such a provider within the subsequent of Public Law 101-510):
90-day application period (or within the
longer application period if HHS has The properties contained in this listing are closing and realigning military installations.
granted an extension); or This report is being accomplished pursuant
(iii) HHS rejects all applications for a to section 2906(b)(6) of Public Law 101-510, as
specific property at any time during amended by Public Law 103–160. In accord- the 25 day HHS review period. ance with section 2905(b)(6), this property is (6) The LRA shall have 1 year from subject to a one-time publication under the the date of notification under paraMcKinney Act after which property not pro
graph (b)(5) of this section to submit a vided to homeless assistance providers will not be published again unless there is no ex
written expression of interest to incor
porate the remainder of the property pression of interest submitted by the local redevelopment authority in the one-year pe
into a redevelopment plan. riod following the end of the McKinney
(7) During the allotted 1-year period screening process pursuant to this publica
for the LRA to submit a written extion.
pression of interest for the property,