97-17901. Record of Decision for the Disposal and Reuse of Naval Base Philadelphia, Pennsylvania  

  • [Federal Register Volume 62, Number 131 (Wednesday, July 9, 1997)]
    [Notices]
    [Pages 36785-36789]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-17901]
    
    
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    DEPARTMENT OF DEFENSE
    
    Department of the Navy
    
    
    Record of Decision for the Disposal and Reuse of Naval Base 
    Philadelphia, Pennsylvania
    
    SUMMARY: The Department of the Navy (Navy), pursuant to Section 
    102(2)(C) of the National environmental Policy Act of 1969 (NEPA), 42 
    U.S.C. 4321 et seq., and the regulations of the Council on 
    Environmental Quality that implement NEPA procedures, 40 CFR Parts 
    1500-1508, hereby announces its decision to dispose of Naval Base 
    Philadelphia, Pennsylvania. The Naval Base property is composed of 
    Naval Station Philadelphia and the Philadelphia Naval Shipyard.
        Navy intends to dispose of the property in a manner that is 
    consistent with the Community Reuse Plan for the Philadelphia Naval 
    Base and Shipyard (``Reuse Plan'') submitted on November 22, 1994, by 
    the City of Philadelphia, the Local Redevelopment Authority (LRA) for 
    the Naval Base. The Reuse Plan proposes a mix of industrial, 
    commercial, educational, research and development, residential, 
    warehousing, intermodal transportation and open space uses of the 
    property.
        In its Final Environmental Impact Statement (FEIS), Navy evaluated 
    a ``No action'' alternative and three ``action'' alternatives: the 
    Reuse Plan, described in the FEIS as the preferred alternative; the 
    Mustin Field Retail Alternative; and the Mustin Field Natural Area 
    Alternative.
        In deciding to dispose of the Naval Base, Navy has determined that 
    the Reuse Plan will meet the goals of achieving local economic 
    redevelopment of the closing facilities and creating new jobs, while 
    limiting adverse environmental impacts and ensuring land uses that are 
    compatible with adjacent property. This Record Of Decision leaves 
    selection of the particular means to achieve the proposed redevelopment 
    to the acquiring entity and the local zoning authority.
    
    BACKGROUND: The 1991 Defense Base Closure and Realignment Commission 
    recommended closure of the Naval Station and the Capehart Housing that 
    was associated with the Naval Base. The 1991 Commission also 
    recommended closure and preservation of the Naval Shipyard for emergent 
    requirements and retention of the Naval Foundry and Propeller Center, 
    the Naval Inactive Ships Maintenance Facility, and the Naval Surface 
    Warfare Center's (Carderock Division) Ship Systems Engineering Station. 
    Theses recommendations were approved by President Bush and accepted by 
    the One Hundred Second Congress in 1991.
        The 1995 Defense Base Closure and Realignment Commission modified 
    the 1991 Commission's recommendation by eliminating the direction to 
    preserve the Naval Shipyard for emergent requirements. The 1995 
    Commission's recommendation was approved by President Clinton and 
    accepted by the One Hundred Fourth Congress in 1995.
        Navy will also retain at the Naval Base certain other support 
    activities, including a Detachment of Public Works Center Norfolk, the 
    League Island Branch Clinic of National Naval Medical Center Bethesda, 
    and a Detachment of the Fleet and Industrial Supply Center Norfolk. The 
    designated Naval activities closed in September 1996, and the property 
    has been in caretaker status since that date.
        The Naval Base is located at the confluence of the Delaware and 
    Schuylkill Rivers on League Island, four miles south of the central 
    business district of the City of Philadelphia. All of the Naval Base 
    properties are situated on League Island except the Capehart Housing, 
    which is located one mile northwest of the Naval Base.
        The Naval Base occupies about 1,500 acres on League Island, and the 
    nearby Capehart Housing is situated on about 28 acres of land. There 
    are approximately 545 structures containing more than 11 million square 
    feet of floor space at the Naval Base. The western half of the Base is 
    more developed and contains facilities associated with the maintenance 
    and production operations of the Naval Shipyard as well as five 
    drydocks. The eastern half is less developed and contains the inactive 
    Mustin Field that served the former Naval Aircraft Factory.
        Administrative and support facilities, the Bachelor Enlisted 
    Quarters and Officers' and the Reserve Basin where inactive Naval 
    vessels are moored occupy the center of the Base. The property north of 
    the Reserve Basin contains warehouses, the brig, industrial support 
    facilities, the fire fighting school, and open storage areas. Senior 
    Officers' houses are located along the Delaware River waterfront east 
    of the pier area.
        Navy published a Notice of Intent in the Federal Register on 
    December 28, 1994, announcing that Navy would prepare an Environmental 
    Impact Statement that would analyze the impacts of disposal and reuse 
    of the land, buildings and infrastructure at the Naval Base. A thirty-
    day public scoping period was established, and Navy held a public 
    scoping meeting on January 11, 1995, at the South Philadelphia 
    Community Center.
        On January 30, 1996, Navy distributed a Draft Environmental Impact 
    Statement (DEIS) to Federal, State and local agencies, interested 
    parties and the general public. Navy held a public hearing at the South 
    Philadelphia Community Center on February 15, 1996, to discuss the 
    DEIS. During the forty-five day review period after publication of the 
    DEIS, Federal, State, and local agencies submitted written comments 
    concerning the DEIS. These comments and Navy's responses were 
    incorporated in the Final Environmental Impact Statement, which was 
    distributed to the public on June 21, 1996, for a thirty-day review 
    period that concluded on July 22, 1996. Navy received comments on the 
    FEIS from the Department of the Interior, two Pennsylvania State 
    agencies, Health Alternatives International, Inc., the Philadelphia 
    International Development Group, and one individual.
    
    ALTERNATIVES: NEPA requires Navy to evaluate a reasonable range of 
    alternatives for the disposal and reuse of this Federal property. In 
    the NEPA process, Navy analyzed the environmental impacts of various 
    proposed land uses that would result from disposal of the Naval Base 
    property. Navy also evaluated a ``No action'' alternative that would 
    leave the property in a caretaker status with Navy maintaining the 
    physical condition of the property, providing a security force and 
    making repairs essential to safety.
        Navy relied upon the land uses described in the Reuse Plan as the 
    basis
    
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    for its analysis of the preferred ``action'' alternative, which 
    proposed a medium intensity development of the Base. Navy developed and 
    analyzed two other ``action'' alternatives characterized by high and 
    low intensity development scenarios.
        The first ``action'' alternative, the Reuse Plan, divides the Naval 
    Base property into five areas. First, the Shipyard, located in the 
    western part of the Naval Base, would serve as the core area for 
    manufacturing and heavy industrial activities. The western end of the 
    Shipyard, containing Drydocks 3, 4, and 5 and associated buildings, 
    would be redeveloped as a private shipyard with controlled public 
    access. The eastern end of the Shipyard, containing Drydocks 1 and 2, 
    would be redeveloped to permit those industrial activities that require 
    contact with the public.
        Second, the League Island Center, located east of the Shipyard area 
    between Broad Street and Mustin Field, would support a mix of land uses 
    including administrative and educational, research and development, 
    commercial and recreational and light industrial activities. The uses 
    in this area would include administrative and professional offices, 
    educational institutions, light industrial activities associated with 
    research, bed and breakfast lodging, and restaurants.
        Third, the Girard Point Industrial Park, located in the 
    northwestern part of the Naval Base, would support the property's 
    industrial activities by providing facilities for storage and large 
    scale distribution of materials.
        Fourth, the East End Commerce Park, located at the eastern end of 
    the Naval Base on the former Mustin Field, would support a mix of land 
    uses including transportation, light and heavy industrial operations, 
    research and development, and recreational activities. These uses could 
    include an intermodal railyard, warehousing, a waterfront esplanade, 
    and passive recreation spaces.
        Fifth, the 400-unit Capehart Housing property, located about one 
    mile northwest of the Naval Base, would be converted to private, market 
    rate housing. After redevelopment, these houses would be sold. The net 
    proceeds from the sale would be used to capitalize a Rental Assistance 
    Endowment Fund that would provide rental assistance and other support 
    services to the City's homeless assistance providers.
        The second ``action'' alternative, the Mustin Field Retail 
    Alternative, proposed a high intensity reuse of the Naval Base. 
    Redevelopment of the Shipyard, League Island Center, Girard Point 
    Industrial Park and Capehart Housing would proceed as proposed in the 
    Reuse Plan, but the eastern end of the Naval Base would be redeveloped 
    differently. A commercial services zone featuring a regional shopping 
    complex would be developed on about 300 acres at Mustin Field. This 
    complex would be composed of a retail mall with approximately two 
    million square feet of space, specialty stores and restaurants, an 
    entertainment complex, warehouses, and centrally located parking and 
    access facilities.
        The third ``action'' alternative, the Mustin Field Natural Area 
    Alternative, proposed a lower intensity reuse of the Naval Base. As in 
    the second alternative, redevelopment of the Shipyard, League Island 
    Center, Girard Point Industrial Park and Capehart Housing would proceed 
    as proposed in the Reuse Plan, but the eastern end of the Naval Base 
    would remain undeveloped. The concrete runways of Mustin Field would be 
    allowed to deteriorate naturally, and existing vegetation would be 
    permitted to grow with little or no maintenance. The enlisted family 
    housing along the Delaware River at the eastern end of the Naval Base 
    would be demolished. The Mustin Field Natural Area Alternative also 
    proposed a recreational zone consisting of a waterfront visitors' 
    center and esplanade along the Delaware River. This Natural Area would 
    be fenced to prevent illegal dumping and other inappropriate uses.
    
    ENVIRONMENTAL IMPACTS: Navy analyzed the potential impacts of the ``No 
    action'' and three ``action'' alternatives for their effects on land 
    use compatibility, socioeconomics, public services, transportation, air 
    quality, noise, cultural resources, natural resources, and generation 
    of hazardous materials. This Record Of Decision focuses on the impacts 
    that would likely result from implementation of the Reuse Plan.
        The Reuse Plan's proposed use of land would be consistent and 
    compatible with the existing uses of adjacent land in South 
    Philadelphia, because the area around the Naval base contains primarily 
    industrial activities. The Reuse Plan's proposal for redevelopment of 
    the Capehart Housing would not have any adverse impact, because this 
    property would continue to be used for housing.
        The Reuse Plan would not result in any significant adverse 
    socioeconomic impacts. Indeed, the Plan forecasts new direct employment 
    opportunities in the range of 15,700 jobs and secondary employment of 
    more than 20,000 jobs. The Reuse Plan projects that, at full build-out, 
    the property will generate wage tax revenues of about $21.5 million and 
    real property tax revenues of about $19.2 million.
        Under the Reuse Plan, the City will sell the Capehart Housing on 
    the open market. The release of these housing units could have an 
    adverse impact on real estate property values in South Philadelphia. 
    Thus, to mitigate this impact, the City will develop a phased marketing 
    plan that would not cause a decrease in property values in the 
    surrounding neighborhoods.
        The Reuse Plan would not cause any significant adverse impact on 
    community services. It will be necessary to expand the service area for 
    South Philadelphia emergency and medical service providers, but the 
    response times will remain within five to ten minutes.
        Implementation of the Reuse Plan would generate an increase in 
    traffic. There would be 10,395 more peak morning trips and 12,417 more 
    peak afternoon trips than would be expected under the ``No action'' 
    alternative. Additionally, the Plan would have various impacts on 
    traffic in the surrounding roadway network during commuting periods.
        In response, the City has proposed to change traffic patterns for 
    the following intersections: Interstate Highway 95 (North) at Broad 
    Street; Interstate Highway 95 (South) as Broad Street; and Penrose 
    Avenue at 26th Street. The City has also proposed to build two new 
    access points to the Naval Base at Christopher Columbus Boulevard and 
    at Darien Street. Nevertheless, the intersection of Interstate Highway 
    95 and Broad Street and the intersection of Packer Avenue and Darien 
    Street would experience significant increased traffic that will require 
    roadway improvements beyond those already identified by the City.
        The Reuse Plan would not result in any significant impacts to air 
    quality. As a result of the projected increase in traffic, carbon 
    monoxide levels would be higher from activities in the Reuse Plan that 
    in the ``No action'' alternative. There would not, however, be any 
    violations of the one-hour and eight-hour National Ambient Air Quality 
    Standards for carbon monoxide.
        There would not be any significant impacts from noise. The existing 
    noise levels on the property are dominated by industrial activities. 
    The existing noise levels in nearby residential and recreational areas 
    are high and typical of urban neighborhoods. While the Reuse Plan would 
    slightly increase noise levels along Pattison Avenue at
    
    [[Page 36787]]
    
    Roosevelt Park and along parts of Broad Street during peak traffic 
    hours, most areas would experience noise increases that would be barely 
    perceptible. Measured against the levels identified as acceptable in 
    Section 10-400 of the Philadelphia Municipal Code, the noise levels 
    generated by the Reuse Plan are not significant.
        There are two historic districts that are eligible for listing on 
    the National Register of Historic places. These two districts are 
    located in the western part of the Naval Base. The Reuse Plan would 
    adversely affect buildings in this historic districts. Accordingly, on 
    March 23, 1997, Navy, the Pennsylvania State Historic Preservation 
    Officer, and the Advisory Council on Historic Preservation entered into 
    a Programmatic Agreement (PA) concerning these structures. The PA 
    establishes a framework for applying restrictive covenants that require 
    consultation between the owner of the Naval Base property and the 
    Pennsylvania State Historic Preservation Officer before demolition or 
    alteration of historic buildings and structures and before alteration 
    of the historic districts. The City of Philadelphia concurred with this 
    Agreement on April 8, 1997.
        No significant impact on biological resources would result from the 
    Reuse Plan. The Naval Base has been fully developed, and few natural 
    features remain. While some vegetative areas would be lost in the 
    redevelopment, the habitat loss is not unique to the Naval Base and can 
    readily be found elsewhere along the Delaware River.
        There are two endangered species that are listed on the Federal 
    endangered species list and present at the Naval Base. A pair of 
    peregrine falcons nest in the Interstate Highway 95 bridge that crosses 
    the Naval Base, and the shortnose sturgeon has been observed in the 
    Delaware River. Navy has informally consulted with the United States 
    Fish & Wildlife Service and will place a Notice in the conveyance 
    document that describes actions recommended by the Department of the 
    Interior to minimize impacts to the nesting falcons. Similarly, Navy 
    will place a Notice in the conveyance document that the shortnose 
    sturgeon may be present in the Delaware River.
        The eastern end of the Naval Base contains about 26 acres of 
    freshwater wetlands. The Reuse Plan's proposed construction of an 
    intermodal railyard, industrial facilities, and warehouses may disturb 
    or eliminate these wetlands. Thus, the acquiring entity will be 
    required to obtain permits from the United States Army Corps of 
    Engineers and the Pennsylvania Department of Environmental Protection 
    in accordance with Section 404 of the Federal Water Pollution Control 
    Act (FWPCA), 33 U.S.C. 1344, and from the Pennsylvania Department of 
    Environmental Protection in accordance with the Regulations Governing 
    Dam Safety and Water Management, 25 Pa. Code Section 105 et seq. The 
    stringent requirements of these laws should provide adequate mitigation 
    for the loss of wetlands.
        About 90 percent of the Naval Base property lies within the 100-
    year floodplain. The remaining 10 percent lies between the 100-year and 
    500-year floodplains. Therefore, any construction arising out of 
    implementation of the Reuse Plan would likely affect the floodplain. 
    Much of the Naval Base is already developed with waterfront industrial 
    uses that have been active for more than 100 years. Nevertheless, in 
    accordance with Executive Order 11988, Floodplain Management, dated May 
    24, 1977, Navy will place a Notice in the conveyance document that 
    describes those uses that are restricted under Federal, State, and 
    local floodplain regulations.
        Implementation of the Reuse Plan would not result in any 
    significant impacts on surface waters. All new construction and any 
    alteration of land must conform to the treatment and runoff control 
    requirements of the Pennsylvania Department of Environmental Protection 
    as set forth at 25 Pa. Code Section 102.4. Additionally, under FWPCA, 
    33 U.S.C. 1251 et seq., any new source of wastewater discharge would be 
    required to comply with the National Pollutant Discharge Elimination 
    System Program.
        Historically, large quantities of hazardous waste were generated at 
    the Naval Base. As a consequence, fifteen Installation Restoration 
    sites have been established and are undergoing study or cleanup. Navy 
    is responsible for remediating these sites. Other hazardous waste 
    cleanup and remediation actions, including the closure or removal of 
    underground storage tanks, abatement of friable and accessible 
    asbestos, and removal of PCB transformers, are also underway throughout 
    the Naval Base.
        No significant adverse impacts would be caused by the hazardous 
    materials and hazardous waste that may be generated by the Reuse Plan. 
    Those Navy activities that will remain on the Naval Base will generate 
    less hazardous substances than when the Shipyard was fully operational. 
    The nature and amount of hazardous waste that would result from 
    implementation of the Reuse Plan depends upon the nature and extent of 
    future redevelopment at the Naval Base. Those whose use hazardous 
    materials will be subject to inspection by the Philadelphia Fire 
    Department in accordance with the Worker and Community Right-to-Know 
    Act. 35 P.S. Section 7312, and will be required to submit information 
    concerning their use of hazardous materials by the Pennsylvania 
    Department of Environmental Protection's regulations, set forth at 34 
    Pa. Code Section 301 et seq.
        Navy also analyzed the impacts on low-income and minority 
    populations pursuant to Executive Order 12898, Federal Actions to 
    Address Environmental Justice in Minority Populations and Low-Income 
    Populations, reprinted in 42 U.S.C. 4321 note. There would be no 
    disproportionately high and adverse human health or environmental 
    effects on minority and low income populations. All groups would 
    experience equally any impact related to reuse of the Navy Base 
    property within the regional population.
    
    MITIGATION: Implementation of Navy's decision to dispose of the Naval 
    Base does not require Navy to perform any mitigation measures. The FEIS 
    identified and discussed the actions that would be necessary to 
    mitigate impacts associated with reuse and redevelopment. The acquiring 
    entity, under the direction of Federal, State and local agencies with 
    regulatory authority over protected resources, will be responsible for 
    implementing necessary mitigation measures. The historic property will 
    be protected by the use of restrictive covenants in the deed conveying 
    the property.
    
    COMMENTS RECEIVED ON THE FEIS: In response to the FEIS, Navy received 
    comments from the United States Department of the Interior, the 
    Pennsylvania Game Commission, the Pennsylvania Human Relations 
    Commission, Health Alternatives International, Inc., the Philadelphia 
    International Development Group, and one private citizen.
        The Department of the Interior expressed concern about the 
    protection of wetlands, loss of habitat, and public access for 
    recreational use of the Naval Base. Interior also favored the Mustin 
    Field Natural Area Alternative, Navy will place a Notice in the 
    conveyance document identifying the location and extent of wetlands 
    that exist on the Naval Base.
        The Pennsylvania Game Commission expressed concern about the 
    potential effect on the peregrine falcon arising out of reuse of the 
    Naval Base. Navy will place a Notice in the conveyance
    
    [[Page 36788]]
    
    document describing the Department of the Interior's recommendations 
    for minimizing impacts on the nesting falcons.
        In its comment on the DEIS, the Pennsylvania Human Relations 
    Commission asked Navy to address methods of monitoring compliance with 
    civil rights laws in the future marketing of the Capehart Housing. The 
    Commission's comment on the FEIS stated that Navy had adequately 
    addressed this issue.
        Health Alternatives International, Inc. asked that the acquiring 
    entity convert a building for use as a center for volunteers who would 
    coordinate educational outreach to the community. It also requested 
    continued operation of the child care center and recreational 
    facilities. Navy has provided these requests to the Local Redevelopment 
    Authority for its consideration.
        A private entity, the Philadelphia International Development Group 
    (PIDG), suggested that the eastern part of the Base should be 
    redeveloped as a mixed use property that would provide commercial, 
    retail, entertainment and manufacturing activities similar in nature, 
    extent, and impact to the Mustin Field Retail Alternative. Navy also 
    provided PIDG's proposal to the LRA for its consideration.
        One private citizen expressed concern about the effects of reuse 
    and redevelopment on community and emergency services in South 
    Philadelphia. This citizen was also concerned about the traffic 
    congestion that could occur during a ``triple event'', described as 
    simultaneous public events at three nearly athletic facilities, i.e., 
    Veterans Stadium, the Spectrum, and the Core States Center. Navy 
    concluded that there is sufficient response time and that there are 
    adequate facilities for reasonably foreseeable emergencies. 
    Additionally, the City regards the possibility of ``triple event'' 
    traffic congestion as unlikely.
    
    REGULATIONS GOVERNING THE DISPOSAL DECISION: Since the proposed action 
    contemplates a disposal action under the Defense Base Closure and 
    Realignment Act of 1990 (DBCRA), Public Law 101-510, 10 U.S.C. 2687 
    note, Navy's decision was based upon the environmental analysis in the 
    FEIS and application of the standards set forth in DBCRA, the Federal 
    Property Management Regulations (FPMR), 41 CFR Part 101-47, and the 
    Department of Defense Rule on Revitalizing Base Closure Communities and 
    Community Assistance (DoD Rule), 32 CFR Parts 90 and 91.
        Section 101-47.303-1 of the FPMR requires that the disposal of 
    Federal property benefit the Federal Government and constitute the 
    highest and best use of the property. Section 101-47.4909 of the FPMR 
    defines the ``highest and best use'' as that use to which a property 
    can be put that produces the highest monetary return from the property, 
    promotes its maximum value, or serves a public or institutional 
    purpose. The ``highest and best use'' determination must be based upon 
    the property's economic potential, qualitative values inherent in the 
    property, and utilization factors affecting land use such as zoning, 
    physical characteristics, other private and public uses in the 
    vicinity, neighboring improvements, utility services, access, roads, 
    location, and environmental and historical considerations.
        After Federal property has been conveyed to non-Federal entities, 
    the property is subject to local land use regulations, including zoning 
    and subdivision regulations, and building codes. Unless expressly 
    authorized by statute, the disposing Federal agency cannot restrict the 
    future use of surplus Government property. As a result, the local 
    community exercises substantial control over future use of the 
    property. For this reason, local land use plans and zoning effect 
    determination of the highest and best use of surplus Government 
    property.
        The DBCRA directed the Administrator of the General Services 
    Administration (GSA) to delegate to the Secretary of Defense authority 
    to transfer and dispose of base closure property. Section 2905(b) of 
    DBCRA directs the Secretary of Defense to exercise this authority in 
    accordance with GSA's property disposal regulations, set forth at 
    Sections 101-47.1 through 101-47.8 of the FPMR. By letter dated 
    December 20, 1991, the Secretary of Defense delegated the authority to 
    transfer and dispose of base closure property closed under DBCRA to the 
    Secretaries of the Military Departments. Under this delegation of 
    authority, the Secretary of the Navy must follow FPMR procedures for 
    screening and disposing of real property when implementing base 
    closures. Only where Congress has expressly provided additional 
    authority for disposing of base closure property, e.g., the economic 
    development conveyance authority established in 1993 by Section 
    2905(b)(4) of DBCRA, may Navy apply disposal procedures other than the 
    FPMR's prescriptions.
        In Section 2901 of the National Defense Authorization Act for 
    Fiscal Year 1994, Public Law 103-160, Congress recognized the economic 
    hardship occasioned by base closures, the Federal interest in 
    facilitating economic recovery of base closure communities, and the 
    need to identify and implement reuse and redevelopment of property at 
    closing installations. In Section 2903(c) of Public Law 103-160, 
    Congress directed the Military Departments to consider each base 
    closure community's economic needs and priorities in the property 
    disposal process. Under Section 2905(b)(2)(E) of DBCRA, Navy must 
    consult with local communities before it disposes of base closure 
    property and must consider local plans developed for reuse and 
    redevelopment of the surplus Federal property.
        The Department of Defense's goal, as set forth in Section 90.4 of 
    the DoD Rule, is to help base closure communities achieve rapid 
    economic recovery through expeditious reuse and redevelopment of the 
    assets at closing bases, taking into consideration local market 
    conditions and locally developed reuse plans. Thus, the Department has 
    adopted a consultative approach with each community to ensure that 
    property disposal decisions consider the Local Redevelopment 
    Authority's reuse plan and encourage job creation. As a part of this 
    cooperative approach, the base closure community's interests, e.g., 
    reflected in its zoning for the area, play a significant role in 
    determining the range of alternatives considered in the environmental 
    analysis for property disposal. Furthermore, Section 91.7(d)(3) of the 
    DoD Rule provides that the Local Redevelopment Authority's plan 
    generally will be used as the basis for the proposed disposal action.
        The Federal Property and Administrative Services Act of 1949, 40 
    U.S.C. 484, as implemented by the FPMR, identifies several mechanisms 
    for disposing of surplus base closure property: by public benefit 
    conveyance (FPMR Sec. 110-47.303-2); by negotiated sale (FPMR Sec. 101-
    47.304-8); and by competitive sale (FPMR 101-47.304-7). Additionally, 
    in Section 2905(b)(4), the DBCRA established economic development 
    conveyances as a means of disposing of surplus base closure property. 
    The selection of any particular method of conveyance merely implements 
    the Federal agency's decision to dispose of the property. Decisions 
    concerning whether to undertake a public benefit conveyance or an 
    economic development conveyance, or to sell property by negotiation or 
    by competitive bid are committed by law to agency discretion. Selecting 
    a method of disposal implicates a broad range of factors and
    
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    rests solely within the Secretary of the Navy's discretion.
    
    CONCLUSION: The Reuse Plan prepared by the City of Philadelphia is 
    consistent with the prescriptions of the FPMR and Section 90.4 of the 
    DoD Rule. The LRA has determined in its Reuse Plan that the property 
    should be used for several purposes including light and heavy 
    industrial, manufacturing, administrative, research and development, 
    educational, intermodal transportation, and waterfront commercial and 
    industrial activities. The property's location, physical 
    characteristics, and existing infrastructure, as well as the current 
    uses of adjacent property, make it appropriate for the proposed uses.
        The Reuse Plan responds to local and regional economic conditions, 
    promotes rapid economic recovery from the impact of the Base's closure, 
    and is consistent with President Clinton's Five-Part Plan for 
    revitalizing base closure communities, which emphasizes local economic 
    redevelopment of the closing military facility and creation of new jobs 
    as the means to revitalize these communities. 32 CFR Parts 90 and 91, 
    59 FR 16123 (1994). The acquiring entity, under the direction of 
    Federal, State and local agencies with regulatory authority over 
    protected resources, will be responsible for implementing necessary 
    mitigation measures.
        Although the ``No action'' alternative has less potential for 
    causing adverse environmental impacts, that alternative would not 
    alleviate the economic hardship that Congress expressly recognized as 
    accompanying base closures. It would not foster local economic 
    redevelopment of the Naval Base property and would not create new jobs. 
    Additionally, it would not take advantage of the property's location, 
    physical characteristics, and infrastructure or the current uses of 
    adjacent property.
        Accordingly, Navy will dispose of Naval Base Philadelphia in a 
    manner that is consistent with the City of Philadelphia's Reuse Plan 
    for the property.
    
        Dated: June 26, 1997.
    William J. Cassidy, Jr.,
    Deputy Assistant Secretary of the Navy (Conversion and Redevelopment).
    [FR Doc. 97-17901 Filed 7-8-97; 8:45 am]
    BILLING CODE 3810-FF-M
    
    
    

Document Information

Published:
07/09/1997
Department:
Navy Department
Entry Type:
Notice
Document Number:
97-17901
Pages:
36785-36789 (5 pages)
PDF File:
97-17901.pdf