[Federal Register Volume 60, Number 159 (Thursday, August 17, 1995)]
[Rules and Regulations]
[Pages 42972-42980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20372]
[[Page 42971]]
_______________________________________________________________________
Part IV
Department of Housing and Urban Development
_______________________________________________________________________
Office of the Assistant Secretary for Community Planning and
Development
_______________________________________________________________________
24 CFR Part 586
Base Closure Community Redevelopment and Homeless Assistance; Interim
Rule
Federal Register / Vol. 60, No. 159 / Thursday, August 17, 1995 /
Rules and Regulations
[[Page 42972]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Community Planning and
Development
24 CFR Part 586
[Docket No. FR-3820-I-01]
RIN 2506-AB72
Base Closure Community Redevelopment and Homeless Assistance
AGENCY: Office of the Assistant Secretary for Community Planning and
Development, (HUD).
ACTION: Interim rule.
-----------------------------------------------------------------------
SUMMARY: This interim rule promulgates policy and procedures for
implementing the Base Closure Community Redevelopment and Homeless
Assistance Act of 1994.
DATES: Effective Date: September 18, 1995.
Sunset Provision: Sections 586.1, 586.5, 586.10, 586.15, 586.20,
586.25, 586.30, 586.35, 586.40 and 586.45 shall expire and shall not be
in effect after September 17, 1996, unless prior to September 17, 1996,
the Department publishes a final rule adopting the interim rule with or
without changes, or publishes a notice in the Federal Register to
extend the effective date of the interim rule.
Comments due date: October 16, 1995.
ADDRESSES: Interested persons are invited to submit comments regarding
this interim rule to the Office of General Counsel, Rules Docket Clerk,
room 10276, Department of Housing and Urban Development, 451 Seventh
Street, SW, Washington, DC 20410. Facsimile (FAX) comments are not
acceptable. A copy of each communication submitted will be available
for public inspection and copying on weekdays between 7:30 a.m. and
5:30 p.m. at the above address. This interim rule was written jointly
by the Department of Defense and the Department of Housing and Urban
Development. All public comments will be reviewed by both departments
and subsequent amendments will be drafted together.
FOR FURTHER INFORMATION CONTACT: Rob Hertzfeld, Office of Assistant
Secretary of Defense (Economic Security), Department of Defense, 3300
Defense Pentagon, room No. 1D-760, Washington, DC 20301-3300, (703)
695-1470; or Thelma Moore, Deputy Assistant Secretary for Planning/
Community Viability, Office of Community Planning and Development, Room
7204, Department of Housing and Urban Development, 451 7th Street, SW,
Washington, DC 20410, (202) 708-2484 or, TDD number for hearing and
speech-impaired, (202) 708-0738 (these telephone numbers are not toll-
free).
SUPPLEMENTARY INFORMATION:
I. Information Collection
The information collection requirements contained in this interim
rule have been submitted to the Office of Management and Budget (OMB)
for review under the Paperwork Reduction Act of 1980 (44 U.S.C 3501-
3520). No person may be subjected to a penalty for failure to comply
with these information collection requirements until they have been
approved and assigned an OMB control number. The OMB control number,
when assigned, will be announced by separate notice in the Federal
Register.
Public reporting burden for the collection of information
requirements contained in this interim rule is estimated to include the
time for reviewing the instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information. Information on the estimated public
reporting burden is provided under the Preamble heading, Other Matters.
Send comments regarding this burden estimate or any other aspect of
this collection of information, including suggestions for reducing this
burden, to the Department of Housing and Urban Development, Rules
Docket Clerk, 451 Seventh Street, SW, Room 10276, Washington, DC 20410-
0500; and to the Office of Information and Regulatory Affairs, Office
of Management and Budget, Attention: Desk Officer for HUD, Washington,
DC 20503.
II. Background
A. Legislative Summary
This interim rule promulgates policy and procedures for
implementing the Base Closure Community Redevelopment and Homeless
Assistance Act of 1994 (``Redevelopment Act'') (Pub. L. 103-421). The
Redevelopment Act amends the Defense Authorization Amendments and Base
Closure and Realignment Act of 1988 (Pub. L. 100-526) and the National
Defense Authorization Act of Fiscal Year 1991 (Pub. L. 101-510) (both
at 10 U.S.C. 2687, note), both as amended by the National Defense
Authorization Act for Fiscal Year 1994 (Pub. L. 103-160).
B. Circumstances That Led to This New Law
Title V of the Stewart B. McKinney Homeless Assistance Act of 1987,
as amended, 42 U.S.C. 11411 (``Title V''), granted first priority on
use of all surplus federally owned real and personal property,
including former military installations, to the homeless. The Title V
provisions have worked reasonably well for small parcels, however, in
the base closure and realignment environment the processes for reuse
planning and homeless use were independent and the timing incompatible.
On October 25, 1994, the President signed the Redevelopment Act, which
exempts base closure and realignment property from Title V and
substitutes a new community-based process wherein representatives of
the homeless will work directly with Local Redevelopment Authorities
(LRAs) on the reuse of former military installations.
The Redevelopment Act provides a process which aims to balance the
needs of the homeless with other development interests in the community
in the vicinity of the installation. Congress recognized that in order
to achieve this balance, all interests must be ``put on the table'' at
the same time. Accordingly, the Redevelopment Act requires the LRA to
accept notices of interest simultaneously from state and local
governments and other interests that include development and public
purpose uses, including public benefit uses pursuant to the federal
surplus property disposal authorities.
C. Applicability
The Redevelopment Act applies to all bases that are approved for
closure/realignment under Pub. L. 101-510 after October 25, 1994 as
well as those installations approved for closure/realignment prior to
October 25, 1994 under either Pub. L. 100-526 or Pub. L. 101-510 that
have elected to come under the new process prior to December 24, 1994.
All other installations approved for closure/realignment prior to
October 25, 1994 that have not elected to come under the new process
are covered by the Title V process as amended by Pub. L. 103-160. The
Title V process continues to apply to all other unutilized,
underutilized, excess, or surplus property owned by the federal
government, including military properties that are not part of a base
closure or realignment.
LRAs which have elected to come under the Redevelopment Act should
pay particular attention to Sec. 586.20(c)(1) which extends the
permissible time
[[Page 42973]]
period within which an LRA can set its date for receipt of notices of
interest. For LRAs which have adequately complied with the statutory
time limitation prior to publication of this interim rule, HUD will not
expect them to reopen their notice period; however, those which have
not yet so complied will be expected to follow this requirement. For
all installations selected for closure or realignment prior to 1995
that have elected this process, the LRA must complete the period for
receiving notices of interest no later than 90 days from the
publication of this interim rule.
The Redevelopment Act recognizes that installations approved for
closure or realignment before enactment of this law are well into the
planning process and should therefore be treated differently than
installations approved for closure/realignment subsequent to enactment.
As a result, Sec. 586.20(c) allows for greater flexibility concerning
the commencement and requirements of the outreach efforts to
representatives of the homeless, state and local governments, and other
interested parties in those communities.
The Redevelopment Act includes special considerations for providers
who had applications pending on closure or realignment and disposal
properties under Title V at the time of enactment of the Redevelopment
Act. LRAs must consider and specifically address any applications that
were pending as of the date of enactment. In the case of providers
whose applications have been approved (but the property applied for has
not been transferred or leased), the LRA must accommodate the provider
with substantially equivalent property on or off the installation,
sufficient funding to acquire such equivalent property, services and
activities that meet the needs identified in the application, or a
combination of such property, funding, services, and activities.
D. Roles of DoD and HUD
DoD is responsible, through the Military Departments, for closing
and disposing of the installations approved for closure or realignment.
On July 20, 1995, DoD published a final rule implementing other
activities associated with the closure, realignment and disposal of
military installations including the process whereby properties at an
installation are screened for reuse by the Federal government. The
actions undertaken by the Military Departments under that regulation
precede the actions to be taken under this regulation. Interested
parties should obtain copies of both.
DoD, through the Office of Economic Adjustment, is responsible for
recognizing the LRA. The LRA must, in accordance with Sec. 586.30,
submit to both HUD and DoD an application, which includes the
redevelopment plan and the homeless assistance submission. HUD will
review the application and notify DoD and the LRA of its findings.
HUD's standards of review are described at Sec. 586.35(b). Throughout
its review, HUD will be in contact with the LRA for any clarifications
or additional information it needs to complete the review.
Pursuant to Sec. 586.25, representatives of HUD will be available
to provide assistance to LRAs throughout the planning process. LRAs are
encouraged to contact their HUD field office for technical assistance
including lists of homeless providers operating in the vicinity of the
installation. Representatives of HUD will be available to attend
workshops held under Sec. 586.20(c)(3)(ii) and other meetings as
requested by the LRA. The planning process created by The Redevelopment
Act is community-based. HUD neither anticipates nor desires to mandate
results, but will seek to expedite and assist all parties in arriving
at an equitable balance between economic redevelopment and homeless
needs. DoD and HUD anticipate that the reuse plans will be general land
use plans for which HUD will be reviewing the balance made between
homeless assistance and economic development needs rather than the
suitability of a specific site for use by the homeless.
Although certain sites may be identified for use for the homeless,
DoD and HUD recognize that the environmental review process may show
that certain properties are not suitable for the designated use. If
such a finding is made, the LRA and the representative of the homeless
should negotiate for alternate arrangements that would enable the same
balance of interests that was made originally. If, because of the
environmental condition, less property is available for reuse, it is
possible that less property would be made available for homeless use.
The frequency of this problem should be limited because of the
extensive environmental review throughout the process, and with
dialogue between the LRA and the Military Department and the Base
Realignment and Closure Environmental Coordinator.
E. HUD's Approach
1. Need: Continuum of Care
In its review, HUD will consider whether the redevelopment plan
promotes projects and activities that address the expressed needs
within the current homeless service system. The homeless assistance
submission should assess the current homeless service system in the
vicinity of the installation and the extent to which the redevelopment
plan may support those notices of interest that propose to address the
critical gaps in the system.
A comprehensive homeless service system is called a continuum of
care. The continuum of care model is predicated on the understanding
that homelessness is not caused merely by a lack of shelter, but
involves a variety of underlying, unmet needs--physical, economic, and
social. Dealing effectively with the problems of homelessness requires
a comprehensive system of housing and necessary services for each
stage--from emergency shelter to housing with no established limitation
on the amount of time of residence, as well as a strong prevention
strategy.
A continuum of care system includes:
(a) A system of outreach and assessment for determining the needs
and condition of an individual or family who is homeless, or whether
assistance is necessary to prevent an individual or family from
becoming homeless;
(b) Emergency shelters with appropriate supportive services to help
ensure that homeless individuals and families receive adequate
emergency shelter and referral to necessary service providers or
housing finders;
(c) Transitional housing with appropriate supportive services to
help those homeless individuals and families that are not prepared to
make the transition to independent living;
(d) Housing with or without supportive services that has no
established limitation on the amount of time of residence to help meet
long-term needs of homeless individuals and families; and
(e) Any other activity which clearly meets an identified need of
the homeless and fills a gap in the continuum of care.
Supportive services are critical to all components of the continuum
of care. These services include, but are not limited to case
management, housing counseling, job training and placement, primary
health care, mental health services, substance abuse treatment, child
care, transportation, emergency food and clothing, family violence
services, education services, moving services, assistance in obtaining
entitlements and referral to veterans services and legal services.
These services enable homeless persons and
[[Page 42974]]
families to move through the continuum of care toward independent
living.
2. Impact: Consolidated Plan and Other Local Plans
HUD will consider whether the homeless assistance submission is
consistent with the Consolidated Plan or with any other existing
economic, community and housing plans adopted by the jurisdictions in
the vicinity of the installation and whether it furthers the overall
goals and objectives of these plans.
The Consolidated Plan encompasses the planning, application, and
reporting requirements of four formula grant programs administered by
HUD's Office of Community Planning and Development: Community
Development Block Grant, HOME Investment Partnerships, Housing
Opportunities for Persons with AIDS, and Emergency Shelter Grants. The
requirements of the Consolidated Plan can be found in the final rule
published in the Federal Register on January 5, 1995 at 60 FR 1878 and
codified at 24 CFR part 91. Some communities in the vicinity of an
installation are eligible for some or all of these programs, and if
eligible, are required to submit to HUD a Consolidated Plan. LRAs that
encompass non-entitlement areas, or those without a Consolidated Plan,
should refer to other long-range plans or alternative resources that
exist and have been developed within the jurisdiction(s) they
represent. LRAs should use the information in these plans in evaluating
the notices of interest received from representatives of the homeless.
3. Balance in the Community Between the Need for Homeless Housing and
Services, Economic Redevelopment and Other Development
HUD will consider how the LRA balances the community's homeless
needs with the need for economic and other development. LRAs are
encouraged to propose activities that advance economic and other
development objectives which also address the needs of homeless persons
and families.
For example, an LRA may propose that a large warehouse facility be
targeted for use as a light manufacturing facility. The LRA estimates
that this facility will employ many semi-skilled employees. In its
redevelopment plan, the LRA proposes that prospective users of this
property will be asked to notify the homeless job search agency, an
organization being supported with property in the LRA's homeless
assistance submission, of any available positions at the facility. The
prospective users of the facility will be asked by the LRA to interview
applicants referred by the agency and use its best efforts to hire
qualified persons. Under this scenario, addressing the economic
development needs of a community also addresses some of the needs of
persons that are homeless. Solutions to diverse community problems need
not be mutually exclusive.
4. Outreach to Representatives of the Homeless
HUD will examine efforts made by the LRA to both advertise the
availability of property to representatives of the homeless and to help
representatives of the homeless find a match between their needs and
local resources, including the facilities at the installation. HUD will
consider whether the advertisement requirements of Sec. 586.20(c) were
met, but more importantly, HUD will focus on the quality of the
contact. LRAs should design their outreach efforts to encourage
providers to submit notices of interest and to be creative in their
submissions. While LRAs can emphasize particular needs, outreach
efforts should not limit the possible range of expressions of interest.
5. Properties: Uniqueness of Each Installation
The application requirements described at Sec. 586.30 apply to
installations of any size, type or configuration. Although the
regulation makes no distinction between small and large installations,
HUD will work closely with the LRA for each installation to help it
develop an application that makes sense for that particular
installation. All LRAs must submit a complete application. HUD will
then judge the application on its individual merits.
HUD recognizes that redevelopment plans and homeless assistance
submissions developed by LRAs for major installations, which may
encompass thousands of acres, will be more lengthy and complicated than
those of 3 and 4 acre reserve facilities that contain few buildings.
Moreover, an installation located in a small rural community with a
small homeless population will not be held to the same level of detail
as will a large metropolitan area with a large homeless population.
F. Eligible Activities
The intent of this law is to focus on a community-based process to
address local homeless needs within the context of the base reuse and
other community and economic needs. LRAs and representatives of the
homeless are encouraged to be creative. Eligible activities may
include:
1. Outreach services and assessment services;
2. Emergency shelter;
3. Transitional housing, social services tied to transitional
housing or services located apart from housing units;
4. Housing that has no established limitation on the amount of time
of residence; and
5. Any other activity that clearly meets an identified need of the
homeless and fills a gap in the continuum of care.
LRAs and representatives of the homeless are cautioned, however,
that under the Redevelopment Act, no-cost transfers of former military
properties are limited to transfers to representatives of the homeless.
Redevelopment plans proposing transfers of property from the Military
Department to homeless individuals or families for free will not be
accepted.
III. Other Matters
A. Justification for Interim Rulemaking
Although rulemaking procedures generally require the publication of
a proposed rule before regulations are made final and effective, there
exists good cause to publish this interim rule for effect without first
soliciting public comment. Forty-five military installations from the
1988, 1991 or 1993 base closure/realignment rounds have elected to be
included under this new process. HUD anticipates the receipt of
applications in the very near future from the LRAs representing these
closure/realignment sites. Moreover, a fourth round of military base
closures and realignments was initiated with the Secretary of Defense
submitting a list of proposed closures/realignments to the Defense Base
Closure and Realignment Commission on February 28, 1995. The Commission
submitted its recommendations to the President on June 30, 1995. Upon
approval of the list by the President and Congress, this interim rule
will apply immediately to the installations on this 1995 closure/
realignment list.
To delay the implementation of this law until publication of a
final rule would mean that base reuse would be delayed until a final
rule is published. LRAs are awaiting the guidance contained in this
rule, necessitating implementation through this interim rule.
DoD and HUD invite public comment on this interim rule within the
60-day comment period. All comments will be
[[Page 42975]]
considered during the development of the final rule.
B. Impact on the Environment
HUD has made a Finding of No Significant Impact with respect to the
environment in accordance with HUD regulations in 24 CFR part 50, which
implement section 102(2)(C) of the National Environmental Policy Act of
1969, 42 U.S.C. 4332. The Finding of No Significant Impact is available
for public inspection and copying between 7:30 a.m. and 5:30 p.m.
weekdays in the Office of the Rules Docket Clerk, Room 10276, 451
Seventh Street, SW., Washington, DC 20410.
C. Regulatory Flexibility Act
The Secretary of HUD, in accordance with the Regulatory Flexibility
Act (5 U.S.C. 605(b)), has reviewed this interim rule before
publication and by approving it certifies that this interim rule would
not have a significant economic impact on a substantial number of small
entities. This interim rule only states the Department's criteria and
procedures for reviewing applications submitted by the LRA.
D. Federalism Impact
The General Counsel of HUD, as the Designated Official under
Executive Order 12612, Federalism, has determined that the policies
contained in this interim rule would not have any impact under the
Order. The interim rule states HUD's review criteria and procedures for
reviewing applications submitted by the LRA for balancing homeless,
community and economic redevelopment and other development needs of the
communities in the vicinity of the installation.
E. Impact on the Family
The General Counsel of HUD, as the Designated Official under
Executive Order 12606, The Family, has determined that this interim
rule would have only an indirect, though beneficial, impact on family
formation, maintenance, and general well-being, and, thus, is not
subject to review under the Order.
F. Public Reporting Burden
The information collection requirements contained in this interim
rule have been submitted by HUD to the Office of Management and Budget
for review under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501-
3520). HUD has determined that the following provisions contain
information collection requirements:
----------------------------------------------------------------------------------------------------------------
Est. avg. Estimated
Section Number of Freq. of response time annual burden
respondents responses (in hours) (in hours)
----------------------------------------------------------------------------------------------------------------
586.20(c)(2)................................ 225 1 16 3,600
586.20(c)(5)................................ 45 1 360 16,200
586.35(d)(1)................................ 1 1 60 60
----------------------------------------------------------------------------------------------------------------
Executive Order 12866
The Office of Management and Budget reviewed this interim rule
under Executive Order 12866, Regulatory Planning and Review. Any
changes made to the rule as a result of that review are clearly
identified in the docket file, which is available for public inspection
at the Office of General Counsel, room 10276, Department of Housing and
Urban Development, 451 Seventh Street, SW., Washington, DC 20410-0500.
Semiannual Agenda
This interim rule was listed as item 1482 in HUD's Semiannual
Agenda of Regulations published on May 8, 1995 (60 FR 23372, 23394)
under Executive Order 12866 and the Regulatory Flexibility Act.
Accordingly, a new part 586 is added to title 24 of the Code of
Federal Regulations as follows:
PART 586--BASE CLOSURE COMMUNITY REDEVELOPMENT AND HOMELESS
ASSISTANCE
Sec.
586.1 Purpose.
586.5 Definitions.
586.10 Applicability.
586.15 Waivers and extensions of deadlines.
586.20 Overview of the process.
586.25 HUD's negotiations and consultations with the LRA.
586.30 LRA application.
586.35 HUD's review of the application.
586.40 Adverse determinations.
586.45 Disposal of buildings and property.
586.50 Effective date.
Authority: Base Closure Community Redevelopment and Homeless
Assistance Act of 1994 Pub. L. 103-421; 42 U.S.C. 3535(d).
Sec. 586.1 Purpose.
This part implements the Base Closure Community Redevelopment and
Homeless Assistance Act (Pub. L. 103-421, approved October 25, 1994).
It describes the roles and responsibilities of the Department of
Defense (DoD), the Department of Housing and Urban Development (HUD),
Local Redevelopment Authorities (LRAs), and representatives of the
homeless in planning and implementing the reuse of domestic military
installations that are approved for closure or realignment.
Specifically, this part describes the guidance DoD and HUD provide to
the LRA, the planning documents the LRA develops and submits to DoD and
HUD in planning the reuse of these installations, and the standards of
review that HUD observes when reviewing the documents submitted by the
LRA. Pub L. 103-421 authorizes HUD to determine whether the plan for
the reuse of the installation proposed by LRA balances the community
development, economic redevelopment and other development needs of the
communities in the vicinity of the installation with the needs of the
homeless in those communities.
Sec. 586.5 Definitions.
As used in this part:
CERCLA means the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq).
Communities in the vicinity of the installation means the
communities that constitute the political jurisdictions (other than the
State in which the installation is located) that comprise the LRA for
the installation.
Continuum of care system means:
(1) A comprehensive homeless assistance system that includes:
(i) A system of outreach and assessment for determining the needs
and condition of an individual or family who is homeless, or whether
assistance is necessary to prevent an individual or family from
becoming homeless;
(ii) Emergency shelters with appropriate supportive services to
help ensure that homeless individuals and families receive adequate
emergency shelter and referral to necessary service providers or
housing finders;
(iii) Transitional housing with appropriate supportive services to
help those homeless individuals and families that are not prepared to
make the transition to independent living;
[[Page 42976]]
(iv) Housing with or without supportive services that has no
established limitation on the amount of time of residence to help meet
long-term needs of homeless individuals and families; and
(v) Any other activity which clearly meets an identified need of
the homeless and fills a gap in the continuum of care.
(2) Supportive services enable homeless persons and families to
move through the continuum of care toward independent living. These
services include, but are not limited to case management, housing
counseling, job training and placement, primary health care, mental
health services, substance abuse treatment, child care, transportation,
emergency food and clothing, family violence services, education
services, moving services, assistance in obtaining entitlements, and
referral to veterans services and legal services.
Consolidated Plan is the plan prepared in accordance with the
requirements of 24 CFR part 91.
Day means one calendar day including weekends and holidays.
DoD means the Department of Defense.
HHS means the Department of Health and Human Services.
Homeless person means:
(1) An individual or family who lacks a fixed, regular, and
adequate nighttime residence; and
(2) An individual or family who has a primary nighttime residence
that is:
(i) A supervised publicly or privately operated shelter designed to
provide temporary living accommodations (including welfare hotels,
congregate shelters and transitional housing for the mentally ill);
(ii) An institution that provides a temporary residence for
individuals intended to be institutionalized; or
(iii) A public or private place not designed for, or ordinarily
used as, a regular sleeping accommodation for human beings.
(3) This term does not include any individual imprisoned or
otherwise detained under an Act of the Congress or a State law.
HUD means the Department of Housing and Urban Development.
Installation means a base, camp, post, station, yard, center,
homeport facility for any ship or other activity under the jurisdiction
of DoD which is approved for closure or realignment under the Base
Closure and Realignment Act of 1988 (Pub. L. 100-526) and the National
Defense Authorization Act of Fiscal Year 1991 (Pub. L. 101-510) (both
at 10 U.S.C. 2687, note), both as amended by the National Defense Act
for Fiscal Year 1994, (Pub. L. 103-160).
Local redevelopment authority, or LRA, any authority or
instrumentality established by state or local government and recognized
by the Secretary of Defense, through the Office of Economic Adjustment,
as the entity responsible for developing the redevelopment plan with
respect to the installation or for directing implementation of the
plan.
NEPA means the National Environmental Policy Act of 1969 (42 U.S.C.
4320).
OEA means the Office of Economic Adjustment, U.S. Department of
Defense.
Private nonprofit organization means an organization no part of the
net earnings of which inures to the benefit of any member, founder,
contributor, or individual; that has a voluntary board; that has an
accounting system or has designated an entity that will maintain a
functioning accounting system for the organization in accordance with
generally accepted accounting procedures; and that practices
nondiscrimination in the provision of assistance.
Redevelopment plan means a conceptual land use plan prepared by the
recognized LRA to guide local reuse of the former military
installation.
Representative(s) of the homeless means a State or local government
agency or private nonprofit organization, including a homeless
assistance planning board, that provides or proposes to provide
services to the homeless.
Substantially equivalent means property that is functionally
suitable for the approved Title V application. For example, if the
representative of the homeless had an approved Title V application for
a building that would accommodate 100 homeless persons in an emergency
shelter, the replacement facility would also have to accommodate 100 at
a comparable cost for renovation.
Substantially equivalent funding means sufficient funding to
acquire a substantially equivalent facility.
Surplus property means any property not required for the needs and
the discharge of the responsibilities of any Federal land holding
agency as determined by the Secretary of Defense.
Title V means Title V of the Stewart B. McKinney Homeless
Assistance Act of 1987 (42 U.S.C 11411) as amended by the National
Defense Authorization Act for Fiscal Year 1994 (Pub. L. 103-160).
Urban county means a county within a metropolitan area as defined
at 24 CFR 570.3.
Sec. 586.10 Applicability.
(a) General. This part applies to all installations that are
approved for closure/realignment by the President and Congress under
Pub. L. 101-510 after October 25, 1994.
(b) Request for inclusion under this process. This part also
applies to installations that were approved for closure/realignment
under either Pub. L. 100-526 or Pub. L. 101-510 prior to October 25,
1994 and for which an LRA submitted a request for inclusion under this
part to DoD by December 24, 1994. A list of such requests was published
in the Federal Register on May 30, 1995 (60 FR 28089).
(1) Installations with pending but not approved Title V
applications as of October 25, 1994. The LRA shall consider and
specifically address any application for use of buildings and property
to assist the homeless that were received by HHS prior to October 25,
1994 and were pending with the Secretary of HHS on that date. These
pending requests shall be addressed in the LRA's homeless assistance
submission.
(2) Installations with approved Title V applications. Where
property has an approved Title V application, yet has not been assigned
or otherwise disposed of by the Military Department, the LRA must
insure that its homeless assistance submission provides the Title V
applicant with:
(i) The property requested;
(ii) With properties, on or off the installation, that are
substantially equivalent to those requested;
(iii) Sufficient funding to acquire such substantially equivalent
properties;
(iv) Services and activities that meet the needs identified in the
application; or
(v) A combination of the properties, funding and services and
activities described above.
(c) Revised Title V process. All other installations approved for
closure or realignment under either Pub. L. 100-526 or Pub. L. 101-510
prior to October 25, 1994 for which there has been no request for
consideration under this part, are covered by the process stipulated
under Title V. Buildings or property that were transferred or leased
for homeless use under Title V prior to October 25, 1994 may not be
reconsidered under this part.
Sec. 586.15 Waivers and extensions of deadlines.
(a) After consultation with the LRA and HUD, DoD, through the
Assistant Secretary of Defense (Economic Security), upon a finding that
it is in the interest of the communities affected by
[[Page 42977]]
the closure/realignment of the installation, may extend or postpone any
deadline contained in this part.
(b) Upon completion of a determination and finding of good cause,
and except for deadlines and actions required on the part of DoD, HUD
may waive any provision of Sec. 586.20 through Sec. 586.45 in any
particular case, subject only to statutory limitations.
Sec. 586.20 Overview of the process.
(a) Responsibilities of the Military Department. The Military
Department shall make installation properties available to other DoD
components and Federal agencies pursuant to 32 CFR part 91. The
Military Department will keep the LRA informed of other Federal
interest in the property during this process. Upon completion of this
process the Military Department will notify HUD and will notify either
the LRA, or the Chief Executive Officer of the state, as appropriate,
and publish a list of surplus property on the installation that will be
available for reuse in the Federal Register and a newspaper of general
circulation in the communities in the vicinity of the installation.
(b) Recognition of the LRA. As soon as practicable after the list
of installations recommended for closure or realignment is approved,
DoD, through OEA, will recognize an LRA for the installation. Upon
recognition, DoD shall publish the name, address, and point of contact
for the LRA in the Federal Register and in a newspaper of general
circulation in the communities in the vicinity of the installation.
(c) Responsibilities of the LRA. The LRA should begin to conduct
outreach efforts with respect to the installation as soon as is
practicable after the date of approval of closure/realignment of the
installation. Although the process may begin at any time after this
date of approval, the local reuse planning process must begin no later
than the completion of Federal screening procedures which is deemed to
be the date of the DoD Federal Register publication of available
property described at Sec. 586.20(a). For those installations that have
begun the process described below prior to publication of this part,
HUD will, on a case by case basis, determine whether the statutory
requirements have been fulfilled and whether any additional
requirements listed below should be required. Upon the Federal Register
publication under Sec. 586.20(a), the LRA shall:
(1) Publish, within 30 days, in a newspaper of general circulation
in the communities in the vicinity of the installation, the time period
during which the LRA will receive notices of interest from state and
local governments, representatives of the homeless, and other
interested parties. This publication shall include the name, address,
telephone numbers and the point of contact for the LRA and information
on the prescribed form and contents of the notice of interest. The LRA
shall notify DoD of the deadline specified for receipt of notices of
interest.
(i) For all installations selected for closure or realignment prior
to 1995 that have elected to proceed under Pub. L. 103-421 and which
have begun receiving notices of interest prior to publication of this
part, the LRA shall have accepted notices of interest for not less than
30 days and not more than 180 days from the date the LRA submitted a
request for inclusion under this process as described at
Sec. 586.10(b). For installations selected for closure or realignment
prior to 1995 for which the LRA has not begun or has not completed the
acceptance of notices of interest prior to publication of this part,
the LRA shall accept notices of interest for not less than 30 days and
not more than 90 days from the date of publication of this part.
(ii) For installations selected for closure or realignment in 1995
or thereafter, notices of interest shall be accepted for a minimum of
90 days and not more than 180 days.
(2) Prescribe the form and contents of notices of interest. (i) The
LRA may not release to the public any information submitted under this
subsection without the consent of the representative of the homeless
concerned unless such release is authorized under Federal law and under
the law of the state and communities in which the installation
concerned is located.
(ii) The notices of interest from representatives of the homeless
must include:
(A) A description of the homeless assistance program proposed,
including the purposes to which the property or facility will be put,
which may include uses such as supportive services, job and skills
training, employment programs, shelters, transitional housing or
housing with no established limitation on the amount of time of
residence, food and clothing banks, treatment facilities, or any other
activity which clearly meets an identified need of the homeless and
fills a gap in the continuum of care;
(B) A description of the need for the program;
(C) A description of the extent to which the program is or will be
coordinated with other homeless assistance programs in the communities
in the vicinity of the installation;
(D) Information about the physical requirements necessary to carry
out the program including a description of the buildings and property
at the installation that are necessary to carry out the program;
(E) A description of the representative of the homeless which is
submitting the notice, its capacity to carry out the program and its
financial plan for implementing the program; and
(F) An assessment of the time required in order to commence
carrying out the program.
(iii) The notices of interest from entities other than
representatives of the homeless should specify the name of the entity
and specific interest in property or facilities, along with a
description of the planned use.
(3) Undertake outreach efforts to representatives of the homeless
by contacting local government officials and other persons or entities
that may be interested in assisting the homeless within the vicinity of
the installation.
(i) The LRA may invite persons and organizations identified on the
HUD list of representatives of the homeless and any other
representatives of the homeless with which the LRA is familiar,
operating in the vicinity of the installation, to the workshop
described below at Sec. 586.20(c)(3)(ii).
(ii) The LRA in coordination with the Military Department and HUD
shall conduct at least one workshop where representatives of the
homeless have an opportunity to:
(A) Learn about the closure/realignment and disposal process;
(B) Tour the buildings and properties available either on or off
the installation;
(C) Learn about the LRA's process and schedule for receiving
notices of interest as guided by Sec. 586.20(c)(2); and
(D) Learn about any known land use constraints affecting the
available property and buildings.
(iii) The LRA should meet with representatives of the homeless that
express interest in discussing possible uses for these properties to
alleviate gaps in the continuum of care.
(4) Consider various properties in response to the notices of
interest. The LRA may consider property that is located off the
installation.
(5) Develop an application, which includes the redevelopment plan
and the homeless assistance submission. This application shall consider
the notices of interest received from state and local governments,
representatives of the homeless, and other interested
[[Page 42978]]
parties. This shall include, but not be limited to, entities eligible
for public benefit transfers under the Federal Property and
Administrative Services Act of 1949; representatives of the homeless;
commercial, industrial, and residential development interests; and,
other interests. From the deadline date for receipt of notices of
interest described at Sec. 586.20(c)(1), the LRA shall have 270 days to
complete and submit the LRA application to DoD and HUD. The application
requirements are described at Sec. 586.30.
(6) Make the draft application available to the public for review
and comment throughout the process of developing the application. The
LRA must conduct at least one public hearing on the application prior
to its submittal to HUD and DoD, and a summary of these public comments
shall be included in the application when it is submitted.
(d) State, local, and public benefit screening. The LRA should,
while conducting its outreach efforts, work with the federal agencies
that sponsor public benefit transfers under the Federal Property and
Administrative Services Act of 1949. Those agencies can provide a list
of parties in the vicinity of the installation that might be interested
in and eligible for public benefit transfers. The LRA should make a
reasonable effort to inform such parties of the availability of the
property and incorporate their interests within the planning process.
These requests are not required to be met, but must be considered.
Sec. 586.25 HUD's negotiations and consultations with the LRA.
HUD may negotiate and consult with the LRA before or during the
course of preparation of the LRA application and during HUD's review
thereof with a view toward avoiding any preliminary determination that
the application does not meet any requirement of this part. HUD will
provide the LRA with a list of persons and organizations that are
representatives of the homeless operating in the vicinity of the
installation.
Sec. 586.30 LRA application.
(a) Redevelopment plan. A copy of the redevelopment plan shall be
part of the application.
(b) Homeless assistance submission. This component of the
application shall include the following:
(1) Information about homelessness in the communities in the
vicinity of the installation. (i) A list of all the jurisdictions which
comprise the LRA.
(ii) A description of the unmet need in the continuum of care
system within each jurisdiction, which should include information about
any gaps that exist in the continuum of care for particular homeless
subpopulations. The source for this information shall depend upon the
size and nature of the jurisdictions(s) that comprise the LRA. LRAs
representing:
(A) Jurisdictions that are required to submit a Consolidated Plan
shall include a copy of their Homeless and Special Needs Population
Table (Table 1), Priority Homeless Needs Assessment Table (Table 2),
and narrative description thereof from that Consolidated Plan including
the inventory of facilities and services that assist the homeless in
the jurisdiction.
(B) Jurisdictions that are part of an urban county that is required
to submit a Consolidated Plan shall include a copy of their Homeless
and Special Needs Population Table (Table 1), Priority Homeless Needs
Assessment Table (Table 2), and narrative description thereof from that
Consolidated Plan including the inventory of facilities and services
that assist the homeless in the jurisdiction. In addition, the LRA
shall explain what portion of the homeless population and
subpopulations described in the Consolidated Plan are attributable to
the jurisdiction it represents.
(C) Jurisdictions not described by Sec. 586.30(b)(1)(ii)(A) or (B)
shall submit a narrative description of what it perceives to be the
homeless population within the jurisdiction(s) it represents and a
brief inventory of the facilities and services that assist homeless
persons and families within each jurisdiction. LRAs that represent
these jurisdictions are not required to conduct surveys of the homeless
population.
(2) Proposed assistance to homeless persons and families. (i) A
description of the proposed activities to be carried out on or off the
installation and a discussion of how these activities meet the needs of
the homeless by addressing the gaps in the continuum of care. The
activities need not be limited to expressions of interest in property,
but may also include discussions of how economic redevelopment may
benefit the homeless;
(ii) A copy of each notice of interest from representatives of the
homeless for use of building and property and a description of the
manner in which the LRA application addresses the need expressed in
each notice of interest. If the LRA determines that a particular notice
of interest should not be awarded property, an explanation of why the
LRA determined not to support that notice of interest, the reasons for
which may include the impact of the program contained in the notice of
interest on the community as described in paragraph (b)(2)(iii) of this
section; and
(iii) A description of the impact that the implemented
redevelopment plan will have on the community. This shall include
information on how the LRA's redevelopment plan might impact the
character of existing neighborhoods adjacent to the properties proposed
to be used to assist the homeless and should discuss alternative plans.
Impact on schools, social services, transportation, infrastructure,
concentration of minorities and/or low income persons also shall be
discussed.
(3) Buildings and properties. (i) A copy of the legally binding
agreements that the LRA proposes to enter into with the
representative(s) of the homeless selected by the LRA to implement
homeless programs that fill gaps in the existing continuum of care. The
legally binding agreements shall provide for a process for negotiating
alternative arrangements that would enable the same balance of
interests made originally in the event that an environmental review
conducted under Sec. 586.45(a) subsequent to HUD approval indicates
that any property identified for transfer in the agreement is not
suitable for the intended purpose. Legally binding agreements must also
provide for the reversion or transfer, either to the LRA or to another
entity or entities of the buildings and property in the event they
cease to be used for the homeless;
(ii) A description of how buildings and properties either on or off
the installation will be used to fill some of the gaps in the current
continuum of care system and an explanation of the suitability of the
buildings and property for that use;
(iii) Information on the availability of general services such as
transportation, police, fire, and a discussion of infrastructure such
as water, sewer, and electricity in the vicinity of the proposed
homeless activities.
(4) Balance with economic and other development needs. (i) An
assessment of the manner in which the application balances the
expressed needs of the homeless and the needs of the communities
comprising the LRA for economic redevelopment and other development;
and
(ii) An explanation of how the LRA application is consistent with
the appropriate Consolidated Plan(s) or any other existing housing,
social service, community, economic, or other development plans adopted
by the
[[Page 42979]]
jurisdictions in the vicinity of the installation.
(5) Outreach. The LRA shall explain how the outreach requirements
described at Sec. 586.20(c)(3) have been fulfilled. This explanation
shall include a list of the representatives of the homeless with which
the LRA consulted in preparing the application.
(c) Public comments. The LRA application shall include the
materials described at Sec. 586.20(c)(6). These materials shall be
prefaced with an overview of the citizen participation process observed
in preparing the application.
Sec. 586.35 HUD's review of the application.
(a) Timing. HUD shall complete a review of each application no
later than 60 days after its receipt by HUD.
(b) Standards of review. The purpose of the review is to determine
whether the application is complete and, with respect to the expressed
interest and requests of representatives of the homeless, whether the
redevelopment plan:
(1) Need. Takes into consideration the size and nature of the
homeless population in the communities in the vicinity of the
installation, the availability of existing services in such communities
to meet the needs of the homeless in such communities, and the
suitability of the buildings and property covered by the application
for use and needs of the homeless in such communities.
(2) Impact. Takes into consideration any economic impact of the
homeless assistance under the plan on the communities in the vicinity
of the installation, including:
(i) Whether the plan is feasible in light of demands that would be
placed on available social services, police and fire protection, and
infrastructure in the community; and
(ii) Whether the application is consistent with the Consolidated
Plan(s) or any other existing housing, social service, community,
economic, or other development plans adopted by the jurisdictions in
the vicinity of the installation.
(3) Balance. Balances in an appropriate manner the needs of the
communities in the vicinity of the installation for economic
redevelopment and other development with the needs of the homeless in
such communities.
(4) Outreach. Was developed in consultation with representatives of
the homeless and the homeless assistance planning boards, if any, in
the communities in the vicinity of the installation.
(i) HUD will examine whether the outreach requirements described at
Sec. 586.20(c)(3) have been fulfilled by the LRA. HUD will carefully
review the outreach process to insure that the LRA advertised the
availability of installation properties to representatives of the
homeless.
(ii) HUD will compare the list of homeless representatives
contacted by the LRA against contacts maintained by the local HUD Field
Office.
(5) Properties. Specifies the manner in which buildings and
property, resources, and assistance on or off the installation will be
made available for homeless assistance purposes. HUD will be mindful of
the uniqueness of each installation. HUD will review this process so
that it is confident that the LRA will make these buildings and
properties available to representatives of the homeless in a timely
fashion.
(c) Notice of determination. (1) HUD shall, no later than the 60th
day after its receipt of the application, unless such deadline is
extended pursuant to Sec. 586.15(a), send written notification both to
DoD and the LRA of its preliminary determination that the application
meets or fails to meet the requirements of Sec. 586.35(b). If the
application fails to meet the requirements, HUD will send the LRA:
(i) A summary of the deficiencies in the application;
(ii) An explanation of the determination; and
(iii) A statement of how the LRA must address the determinations.
(2) In the event that no application is submitted and no extension
is requested as of the deadline specified in Sec. 586.20(c)(5), and the
State turns down a DoD written request to become recognized as the LRA,
the absence of such application will trigger an adverse determination
by HUD effective on the date of the lapsed deadline. Under these
conditions, HUD will follow the process described at Sec. 586.40.
(d) Opportunity to cure. (1) The LRA shall have 90 days from its
receipt of the notice of preliminary determination under
Sec. 586.35(c)(1) within which to submit to HUD a revised application
which addresses the determinations listed in the notice. Failure to
submit a revised application shall result in a final determination that
the redevelopment plan fails to meet the requirements of
Sec. 586.35(b).
(2) HUD shall, within 30 days of its receipt of the LRA's
resubmission, send written notification of its final determination to
both DOD and the LRA.
Sec. 586.40 Adverse determinations.
(a) Solicitation of proposals. If HUD determines that the LRA's
resubmission fails to meet the requirements of Sec. 586.35(b) or if no
resubmission is received, HUD:
(1) Shall review the original application including the notices of
interest submitted by representatives of the homeless;
(2) Shall consult with the representatives of the homeless, if any,
for purposes of evaluating the continuing interest of such
representatives in the use of buildings or property at the installation
to assist the homeless; and
(3) May request that each homeless representative submit a proposal
for use of buildings or property at the installation to assist the
homeless, including:
(i) A description of the program of such representative to assist
the homeless;
(ii) A description of the manner in which the buildings and
property that the representative proposes to use for such purpose will
assist the homeless;
(iii) Such information as HUD requires in order to determine the
financial capacity of the representative to carry out the program and
to ensure that the program will be carried out in compliance with
Federal environmental law and Federal law against discrimination; and
(iv) A certification from the local community that police services,
fire protection services, and water and sewer services available in the
communities in the vicinity of the installation concerned are adequate
for the program.
(b) Review of proposals. HUD shall review the proposal in
accordance with the following criteria:
(1) The degree to which the proposal submitted by the
representatives meets each of the four criteria listed in
Sec. 586.40(a)(3).
(2) The extent to which the proposal fills a gap in the community's
continuum of care system.
(3) The extent to which the proposal balances in an appropriate
manner the needs for the communities in the vicinity of the
installation for economic development and other development with the
needs of the homeless.
(4) How the proposal specifies the manner in which buildings and
property and resources and assistance on and off the installation will
be made available for the homeless.
(c) Environmental review. HUD, in cooperation with DoD, shall
complete an environmental review under NEPA and other applicable
environmental
[[Page 42980]]
laws and authorities listed in 24 CFR 50.4 before accepting a proposal
under this section.
(d) Notice of decision. HUD shall notify DOD and the LRA, within 90
days of its receipt of the revised application, of its acceptance of a
proposal and shall identify the buildings and property to be disposed
of and the entities to which they should be transferred.
Sec. 586.45 Disposal of buildings and property.
(a) Public benefit transfer screening. After the local
redevelopment plan is accepted for planning purposes by the Military
Department and accepted by HUD, the Military Department will conduct an
official public benefit transfer screening in accordance with the
Federal Property Management Regulations (41 CFR 101-47.303-2) based
upon the uses identified in the redevelopment plan. Federal sponsoring
agencies shall notify eligible applicants that any request for property
must be consistent with the uses identified in the redevelopment plan.
At the request of the LRA, the Military Department may conduct the
official state and local public benefit screening before the completion
of the redevelopment plan.
(b) Environmental Review. The Military Department shall complete an
environmental review of the installation in compliance with NEPA and
CERCLA prior to disposal of the property. The Military Department may
adopt an environmental review completed under Sec. 586.40(c).
(c) Disposal. Upon receipt of a notice of approval of an
application from HUD under Sec. 586.35(c) and Sec. 586.40(d) thereof,
DOD shall, without consideration, dispose of the subject buildings and
property in compliance with the approved application, either to the LRA
or directly to the representative(s) of the homeless.
(d) LRA's responsibility. The LRA shall be responsible for the
implementation of and compliance with legally binding agreements under
the application.
(e) Reversions to the LRA. If a building or property reverts to the
LRA under a legally binding agreement under the application, the LRA
shall take appropriate actions to secure, to the maximum extent
practicable the utilization of the building or property by other
homeless representatives to assist the homeless. An LRA may not be
required to utilize the building or property to assist the homeless.
Sec. 586.50 Effective date.
Sections 586.1, 586.5, 586.10, 586.15, 586.20, 586.25, 586.30,
586.35, 586.40 and 586.45 shall expire and shall not be in effect after
September 17, 1996, unless prior to September 17, 1996, the Department
publishes a final rule adopting Secs. 586.1, 586.5, 586.10, 586.15,
586.20, 586.25, 586.30, 586.35, 586.40 and 586.45, or publishes a
notice in the Federal Register to extend the effective date of the
interim rule.
Dated: July 13, 1995.
Mark C. Gordon,
General Deputy Assistant Secretary for Community Planning and
Development.
[FR Doc. 95-20372 Filed 8-16-95; 8:45 am]
BILLING CODE 4210-29-P
