[Federal Register Volume 63, Number 214 (Thursday, November 5, 1998)]
[Notices]
[Pages 59766-59775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29560]
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DEPARTMENT OF DEFENSE
Department of the Navy
Record of Decision for the Disposal and Reuse of Mare Island
Naval Shipyard, Vallejo, CA
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.
Sec. 4332(2)(C), 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 mare Island Naval Shipyard in
Vallejo, California.
Navy and the City of Vallejo analyzed the impacts of the disposal
and reuse of Mare Island Naval Shipyard in a Joint Environmental Impact
Statement/Environmental Impact Report (EIS/EIR), as required by NEPA
and the California Environmental Quality Act (CEQA), Cal, Pub. Res.
Code, Sec. 21000, et seq. The EIS/EIR analyzed three reuse alternatives
and identified the Mare Island Final Reuse Plan, described in the EIS/
EIR as the Reuse Plan Alternative, as the
[[Page 59767]]
Preferred Alternative. The Reuse Plan Alternative proposed industrial,
commercial, residential, and educational uses, the development of
public parks and recreational areas, expansion of the existing golf
course, and extensive roadway improvements.
Navy intends to dispose of the property in a manner that is
consistent with the Mare Island Final Reuse Plan dated July 1994, as
modified in March 1998 (Reuse Plan). The City of Vallejo, the Local
Redevelopment Authority (LRA) for Mare Island Naval Shipyard, prepared
the Reuse Plan.
In deciding to dispose of mare Island Naval Shipyard in a manner
consistent with the Reuse Plan, Navy has determined that a mixed land
use will meet the goals of achieving local economic redevelopment,
creating new jobs, and providing additional housing, while limiting
adverse environmental impacts and ensuring land uses that are
compatible with adjacent property. This Record Of Decision does not
mandate a specific mix of land uses. Rather, it leaves selection of the
particular means to achieve the proposed redevelopment to the acquiring
entity and the local zoning authority.
Background
Under the authority of the Defense Base Closure and Realignment Act
of 1990 (DBCRA), Public Law 101-5 10, 10 U.S.C. Sec. 2687 note, the
1993 Defense Base Closure and Realignment Commission recommended the
closure of Mare Island Naval Shipyard. This recommendation was approved
by President Clinton and accepted by the One Hundred Third Congress in
October 1993. Mare Island Naval Shipyard closed on April 1, 1996, and
Navy is currently maintaining the property in an inactive caretaker
status.
Mare Island Naval Shipyard is located on the western edge of the
City of Vallejo in Solano County, California, about 30 miles northeast
of the City of San Francisco. The 5,252-acre property consists of four
parcels: Mare Island comprising 5,197 acres; main entrance complex and
railroad spur comprising 26 acres in the City of Vallejo; a housing
complex comprising 29 acres in Vallejo; and a bulkhead in Vallejo.
Most of the Shipyard is situated on Mare Island, which lies west of
the Napa River and mare Island Strait into which the river flows. About
3.5 miles long, the island is just west of the City and its axis runs
approximately northwest to southeast. The eastern half of Mare Island
is developed with about 960 buildings that contain about 10.5 million
square feet of space. It lies adjacent to Mare Island Strait. The
western half of Mare Island is composed largely of wetlands, dredge
material disposal ponds, and submerged lands. It lies adjacent to San
Pablo Bay. The southern end of Mare Island touches Carquinez Strait.
The State of California granted about 3,629 acres of tidal and
submerged lands to the United States for the establishment of a Naval
base at Mare Island. These grants were issued in 1854, 1897, and 1963.
By the terms of these grants, title to the property reverts to the
State of California when the United States no longer occupies the ceded
lands for military purposes, as in the case of the 1854 statute, or no
longer continues to hold and own the adjacent lands, as in the case of
both the 1897 and 1963 statutes. Navy has no discretion regarding the
return of this property to the state of California nor any authority to
control its use after reversion.
During the Federal screening process, six Federal agencies
requested interagency transfers of base closure property at Mare
Island. These included the Department of Agriculture's United States
Forest Service, the United States Coast Guard, the Department of the
Interior's United States Fish and Wildlife Service, the Department of
the Army, the Department of Justice's Immigration and Naturalization
Service, and the Department of the Air Force.
Navy will transfer 207 acres of Shipyard property to four of these
Federal agencies. Navy has already transferred part of the former
Combat Systems Technical School (Buildings 1306 and 1324) and about 8
acres of land in the southern part of the base to the United States
Forest Service for use as the headquarters for its Pacific Southwest
Region.
Navy will transfer about one acre in the southern part of the base
to the Coast Guard for the operation of a communications tower.
Additionally, Navy will grant the Coast Guard easements to permit it to
continue operating a navigational aid and vessel traffic service remote
radar on Pier 35 at the southeastern tip of Mare Island.
Navy will transfer about 162 acres in the north central part of the
base that contain wetlands, dredge material disposal ponds, and
Building 505 to the United States Fish and Wildlife Service. The
Service will use this property to enlarge the San Pablo Bay National
Wildlife Refuge and establish a wildlife interpretive center. While the
Service initially requested 670 acres, 508 of those acres will revert
to the State of California. Thus, only 162 acres were available for
this interagency transfer.
Navy will transfer about 36 acres in the southeastern part of the
base to the Department of the Army for use as an Army Reserve Center.
Army initially also requested an interagency transfer of 600 housing
units at Roosevelt Terrace but later withdrew that request.
The Immigration and Naturalization Service initially requested an
interagency transfer of three buildings on Mare Island for use as a
detention facility, but subsequently withdrew its request. Similarly,
the Department of the Air Force expressed interest in 481 housing units
and supporting facilities on Mare Island, but subsequently withdrew its
request.
After the Federal screening process had concluded, Navy received
additional expressions of interest in base closure property at Mare
Island from the United States Department of Agriculture and the
Department of the Interior's National Park Service. Both agencies
subsequently withdrew their requests.
The remaining property, comprising about 1,416 acres, is surplus to
the needs of the Federal Government. Therefore, in this Record Of
Decision, the Federal action is the disposal of 1,416 acres of surplus
Federal property associated with Mare Island Navy Shipyard.
Navy published a Notice of Intent in the Federal Register on
September 1, 1994, announcing that Navy and the City of Vallejo would
prepare a Joint EIS/EIR to analyze the impacts of disposal and reuse of
the land, buildings, and infrastructure at Mare Island Navy Shipyard.
Navy and Vallejo held a public scoping meeting at the John F. Kennedy
Library in Vallejo on September 22, 1994, and the scoping period
concluded on October 21, 1994.
On September 1, 1995, Navy and Vallejo distributed a Draft EIS/EIR
(DEIS/EIR) to Federal, State, and local agencies, interested parties,
and the general public. On September 27, 1995, Navy held a public
hearing concerning the DEIS/EIR at Vallejo City Hall. During the 45-day
review period after publication of the DEIS/EIR, Federal, State, and
local agencies, community groups and associations, and the general
public submitted oral and written comments concerning the DEIS/EIR.
These comments and Navy's responses were incorporated in the Final EIS/
EIR (FEIS/EIR), which was distributed to the public on May 1, 1998, for
a 30-day review period that concluded on June 1, 1998. Navy received
nine letters concerning the FEIS/EIR.
[[Page 59768]]
Alternatives
NEPA requires Navy to evaluate a reasonable range of alternatives
for the disposal and reuse of this surplus Federal property. In the
Joint EIS/EIR, Navy and Vallejo analyzed the environmental impacts of
three ``action'' alternatives that could result from the disposal of
Mare Island Naval Shipyard property. In the NAPA process, 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.
The City of Vallejo developed the Reuse Plan with extensive public
involvement and comment that began with its establishment of the Mare
Island Futures Project in October 1993. Vallejo created the Mare Island
Futures Work Group to guide the reuse planning process. This Group was
composed of representatives from local government, labor, business,
educational institutions, environmental organizations, and private
citizens who were interested in the reuse of Mare Island Naval
Shipyard.
In November 1993, the Work Group completed a Conceptual Reuse Plan
that was accepted by the Vallejo City Council in December 1993. In
April 1994, Vallejo evaluated the market feasibility of the Conceptual
Reuse Plan. Based upon the findings of the market feasibility study and
an economic analysis, the Work Group prepared the Final Reuse Plan.
During preparation of the Final Reuse Plan, all Work Group meetings
were open to the public. This Plan addressed all of the property
associated with Mare Island Naval Shipyard, and in July 1994, the
Vallejo City Council accepted the Mare Island Final Reuse Plan.
After the Plan was completed and the reversionary property and
Federal agency requests for base closure property were considered, Navy
determined that about 3,629 acres on Mare Island would revert to the
State of California and about 207 acres on Mare Island would be
transferred to other Federal agencies. In March 1998, Vallejo modified
the Final Reuse Plan to take account of the Department of the Army's
request for an interagency transfer of base closure property.
The Preferred Alternative, designated in the FEIS/EIR as the Reuse
Plan Alternative, would implement the Reuse Plan for the surplus
Shipyard property. This alternative proposed extensive use of existing
structures and land uses that were similar to Navy's use of the
property. In particular, the Reuse Plan Alternative proposed
industrial, commercial, residential and educational uses as well as
expansion of the nine-hole golf course to 18 holes and relocation of
the rifle range activity from the center of Mare Island to an
undeveloped area in the southeastern part of the island.
The Reuse Plan also proposed to build a bridge across Mare Island
Strait and to redevelop the southeastern part of Mare Island for retail
commercial and residential uses. Additionally, this alternative
proposed to make extensive roadway improvements that would serve the
proposed redevelopment. Under the Reuse Plan, there are about 81 acres
of wetlands in the northeastern, central, southern and southeastern
parts of the base available for disposal that will be protected by
conservation easements or similar real estate instruments.
The Reuse Plan designated 13 Reuse Areas on the eastern side of
Mare Island and identified wetland, submerged land, and dredge material
disposal areas on the eastern and western sides and at the southern end
of Mare Island. Although not included within these 13 Reuse Areas, the
main entrance office building and causeway bridge, the railroad spur,
the Roosevelt Terrace housing complex, and the bulkhead are also
addressed in the Reuse Plan.
Reuse Area 1, the North Light Industry Area, covers about 192 acres
at the northern end of Mare Island. It contains buildings that are
surrounded by paved or grassy open areas. Navy used this part of the
base for warehouse activity and light industrial, retail,
administrative, residential, and recreational activities. Under the
Reuse Plan, this area would contain an industrial park. The 29-acre
wetland area on its eastern boundary will be protected by a
conservation easement or similar real estate instrument.
Reuse Area 2, the Neighborhood Center, covers 85 acres located
south of the North Light Industry Area. It contains recreational
facilities, i.e., the base theater, gymnasium, and athletic fields.
Under the Reuse Plan, this area would be used for community and social
services and housing.
Reuse Area 3, the Office and Light Industry Area, covers 111 acres
and consists of historic and non-historic industrial and office
buildings in the eastern part of Mare Island, south of the North Light
Industry area. Under the Reuse Plan, this part of the base would be
redeveloped as a small business and residential complex. Some
buuildings would be subdivided to provide residential units, and other
buildings would be demolished to provide space for parking. A
waterfront promenade would extend along the length of this Reuse Area.
Reuse Area 4, the Historic District, covers about 47 acres along
the waterfront in the east central part of Mare Island. The historic
resources located here such as Saint Peter's Chapel, Alden Park, 21
houses, and Drydock 1 are components of the area that the Secretary of
the Interior designated in 1976 as the Mare Island Naval Shipyard
National Historic Landmark. Under the Reuse Plan, the area along the
waterfront would be used for ship repair, historic ship restoration,
and an extension of the waterfront promenade. Saint Peter's Chapel and
Alden Park would be used for tours and special events and as visitor
attractions. The historic houses would be used for permanent private
residences, guest lodging, restaurants, and as office space. Because of
the presence of these historic structures, there would be very little
demolition in this Reuse Area.
Reuse Area 5, the Heavy Industry Area, covers 119 acres along the
waterfront south of the Historic District. Navy will transfer Pier 22,
Buildings 573 and 743, and about 7 acres here to Army for use as part
of the Reserve Center. The remaining 112 acres are available for reuse.
This area, which Navy formerly used for shipbuilding and ship repair,
contains some of the largest buildings on Mare Island, two drydocks,
and several overhead cranes.
Under the Reuse Plan, this property would be used for
manufacturing, e.g., metal processing and fabrication and
biotechnology. The railroad lines that serve this area would remain in
their present configuration. Historic buildings and landmarks would be
preserved, and the waterfront promenade would be extended, to the
extent practicable, into the industrial shoreline area.
Reuse Area 6, Farragut Village, covers 107 acres and is located
west of the Historic District. It contains duplex residences, barracks,
an elementary school building, and adjacent playgrounds. About 15 acres
in this Reuse Area, where 30 duplex housing units are located, will
revert to the State of California. The remaining 92 acres are available
for reuse.
Under the Reuse Plan, these 92 acres would contain residential
structures and retail stores. The Vallejo Unified School District would
continue to operate the elementary school and playgrounds. The 32-acre
wetland at the northwest boundary of this Reuse Area will be protected
by a conservation easement or similar real estate instrument.
Reuse Area 7, the Developed Recreation Area, covers 48 acres in the
[[Page 59769]]
center of Mare Island, south of Farragut Village. This Reuse Area
contains the rifle range, open laydown storage areas, and undeveloped
lands. About 36 of the 48 acres in this part of the base will revert to
the State of California, including most of the property where the rifle
range is currently located. The remaining 12 acres are available for
reuse. Under the Reuse Plan, this property would be redeveloped for
recreational uses, i.e., athletic fields and enlargement of the nine-
hole golf course. The rifle range activity would be moved to the
southeastern part of Mare Island.
Reuse Area 8, Coral Sea Village, is a 70-acre residential
development with a parade ground located southeast of the Developed
Recreation Area. Under the Reuse Plan, this area would be used for
housing. The parade ground would be used as a recreational field.
Reuse Area 9, the Education and Office Area, covers 101 acres in
the south central part of the base between Reuse Area 5 (Heavy
Industry) and Reuse Area 8 (Coral Sea Village). It contains the 30-
building school and campus of the former Combat Systems Technical
School, office buildings and a large electrical shop (Building 866).
Navy has transferred Buildings 1306 and 1324 and about 8 acres of land
to the Forest Service for use as the headquarters for its Pacific
Southwest Region. Navy will transfer 9 buildings (A-272, 726, 776, 930,
934, 936, 938, 1294, and 1296) and about 13 acres here to Army for use
as part of the Reserve Center. The remaining 80 acres are available for
reuse. Under the Reuse Plan, the school and campus, the office
buildings, and the electrical shop would be used for educational
activities and as a conference center.
Reuse Area 10, the Retail and Residential Area, covers 94 acres
adjacent to Mare Island Strait in the southeastern part of the base,
south of the Heavy Industry Area. Navy will transfer Pier 23, 6
buildings (A-279, 597, 724, 736, 762, and FA1-0) and about 16 acres
here to Army for use as part of the Reserve Center. The remaining 78
acres are available for reuse.
This Reuse Area contains vacant lots and many small buildings that
would be demolished. Under the Reuse Plan, a retail commercial complex
and residential apartments and condominium units would be built in this
part of the base. The 9-acre wetland area along the eastern edge next
to Mare Island Strait will be protected by a conservation easement or
similar real estate instrument. Where practicable, the waterfront
promenade would be extended into Reuse Area 10. A southern crossing
bridge across Mare Island Strait, connecting Mare Island with the City
of Vallejo, would be built in this area but its precise location has
not yet been determined.
Reuse Area 11, the Golf Course Area, is located in the south
central part of Mare Island and covers about 172 acres. It consists of
the existing nine-hole golf course and clubhouse and undeveloped open
space. Under the Reuse Plan, the nine-hole golf course, now covering
about 100 acres, would be expanded to 18 holes over 172 acres. The
existing clubhouse and parking facilities would also be expanded.
Reuse Area 12, the Regional Park, covers about 241 acres of
undeveloped property at the southeastern end of Mare Island. The FEIS/
EIR erroneously stated that Reuse Area 12 contained 172 acres and that
69 acres of dredge material disposal ponds were available for disposal.
There are actually 241 acres of property in Reuse Area 12, and there
are no dredge material disposal ponds here. Navy will transfer a one-
acre site in this part of the base to the Coast Guard for its
communications tower, and about 10 acres will revert to the State of
California. The remaining 230 acres are available for reuse.
Under the Reuse Plan, public recreational facilities would be built
here. Walking, bicycling, and equestrian paths and trails would link
the various parts of Mare Island, particularly the wetland and dredge
material disposal ponds to the west with the waterfront promenade along
the eastern shoreline. These trails would be designed and built in a
manner that preserves the natural terrain and character of the island.
The 11-acre wetland area along the southeastern edge of Reuse Area 12
will be protected by a conservation easement or similar real estate
instrument. The Regional Park would also provide horse stables and a
rifle range. These facilities are currently located on reversionary
property in the center of the island. The cemetery in Reuse Area 12
would be preserved as an historic cemetery.
Reuse Area 13, the Open Space and Recreation Area, covers 92 acres
and is located on a landfill site between the dredge material disposal
ponds and the nontidal wetlands in the northwestern part of Mare Island
west of the wetlands adjacent to Reuse Area 2, the Neighborhood Center.
The entire area is located on property that will revert to the State of
California.
There is additional surplus Shipyard property that is located off
the island in the City of Vallejo and covers about 55 acres. The main
entrance office building, the causeway bridge, the railroad spur, and
the bulkhead cover about 26 acres, and the Roosevelt Terrace housing
complex covers about 29 acres. Under the Reuse Plan, the main entrance
office building would be used for retail commercial activities or
professional office space; the causeway bridge would continue to serve
as the primary access to Mare Island; and the railroad spur would be
used to support industrial and commercial activities on Mare Island
that require rail service.
The Roosevelt Terrace housing complex is located in Vallejo, about
one mile northeast of the main entrance office building. Under the
Reuse Plan, half of this 600-unit housing complex would be remodeled
for residential use. The remaining housing units would be demolished to
provide space for landscaping, recreational activities, and parking.
The bulkhead is located in Vallejo across Mare Island Strait from
the southeastern end of Mare Island. Under the Reuse Plan, this 2,150
foot concrete and stone bulkhead would continue to serve as a
breakwater.
In the NEPA process, Navy considered a second ``action''
alternative, described in the FEIS/EIR as the Medium Density
Alternative. In the Medium Density Alternative, the reuse of Mare
Island Naval Shipyard would be similar to that proposed in the
Preferred Alternative but with reduced development densities, i.e.,
less new construction and fewer people. This alternative includes the
same 81 acres of wetlands that would be protected by conservation
easements or similar real estate instruments.
The southern crossing bridge across Mare Island Strait, linking
Mare Island with Vallejo, would not be built. Reuse Area 10, the Retail
and Residential Area, would not be developed. The rifle range activity
would remain at its present location in Reuse Area 7, the Developed
Recreation Area. No new apartment or condominium units and a minimal
number of industrial and commercial structures would be built. Instead,
existing facilities would be converted for industrial, commercial, and
residential reuse.
Navy also considered a third ``action'' alternative, described in
the FEIS/EIR as the Open Space Alternative. In the Open Space
Alternative, there would be substantially less development than in the
Preferred Alternative.
The southern crossing bridge linking Mare Island and Vallejo would
not be built. Reuse Area 10, the Retail and Residential Area, would not
be developed. The sites of the existing rifle range and golf course
would be used as
[[Page 59770]]
open space in an expanded Regional Park covering 344 acres. No new
industrial, commercial, and residential structures would be built.
Instead, existing facilities would be converted for reuse. This
alternative also includes the same 81 acres of wetland that would be
protected by conservation easements of similar real estate instruments.
Environmental Impacts
Navy analyzed the direct, indirect, and cumulative impacts of the
disposal and reuse of this Federal property. The EIS/EIR addressed
impacts of the Preferred Alternative, the Medium Density Alternative,
the Open Space Alternative, and the ``No action'' alternative for each
alternative's effects on land use, socioeconomic, public services,
cultural resources, aesthetics and scenic resources, biological
resources, water resources, geology and soils, traffic and circulation,
air quality, noise, utilities, and hazardous materials and waste.
The direct environmental impacts are those associated with Navy's
proposed disposal of 1,416 acres of surplus Shipyard property and with
the ``No action'' alternative. The indirect impacts are those
associated with the reuse of this surplus property. The cumulative
impacts are those associated with reuse of the Shipyard property that
reverts to the State of California (3,629 acres), the Shipyard property
that will be transferred to other Federal agencies (207 acres), and
other projects within the Vallejo area.
No significant direct impacts will result from Navy's disposal of
the surplus Shipyard property. Therefore, this Record Of Decision
focuses on the indirect and cumulative impacts that are likely to
result from implementation of the Reuse Plan Alternative, designed in
the FEIS/EIR as the Preferred Alternative.
The Preferred Alternative would he significant impacts on land use.
The intensive development of new retail commercial and residential
structures in the Retail and Residential Area in the southeastern part
of Mare Island would not be compatible with the proposed open space and
passive recreational uses of the adjacent Regional Park. The proposed
relocation of the rifle range activity to the Regional Park would also
conflict with the proposed recreational use of this park because it
would introduce safety concerns, noise, and new structures into this
otherwise undeveloped area.
The proposed southern crossing bridge would have significant land
use impacts on both Mare Island and Vallejo. Siting the bridge in the
southeastern part of Mare Island would not be compatible with the
proposed residential and open space uses planned for that property. It
could also require construction in a shoreline area that contains
sensitive wetland habitat that will be protected by the conservation
easement. In the City of Vallejo, construction of the proposed bridge
could divide and substantially alter the South Vallejo residential and
commercial neighborhood by virtue of the need to demolish buildings and
other structures and increase the size of roadways serving this area.
The proposed redevelopment in Reuse Areas 3, 4, 5, 10, and 12
(Office and Light Industry, Historic District, Heavy Industry, Retail
and Residential, and Regional Park) would involve the construction of
new buildings, roads, and utilities. In order to accommodate this
redevelopment, it may be necessary to remove and relocate segments of
the dredge slurry pipelines that traverse these Reuse Areas as well as
their supporting facilities. Navy used these pipelines to carry
material dredged from Mare Island Strait across the island to the
dredge material disposal ponds on the western side of Mare Island.
The Preferred Alternative would not have any adverse effect on
employment and housing in the Vallejo area. On the contrary, the Reuse
Plan would generate about 9,669 jobs on Mare Island and add about 1,786
dwelling units to the Vallejo area. Similarly, the proposed
redevelopment of the Shipyard would substantially increase the amount
of public recreational resources available in Vallejo.
The Preferred Alternative would have significant impacts on
schools. Student enrollment would exceed capacity at the Mare Island
Elementary School that serves Mare Island and at the Federal Terrace
School that serves the Roosevelt Terrace Housing Complex in Vallejo.
The Vallejo Unified School District would be responsible for providing
facilities to accommodate the additional students.
The Preferred Alternative would also have significant impacts on
police and fire protection and emergency medical services. A
substantial increase in the demand for these services in the Vallejo
area would result from the increased population and redevelopment on
Mare Island.
The Preferred Alternative would not have a significant impact on
cultural resources. Many of the historic buildings, structures, and
landscapes will be preserved. However, some demolition and construction
activities would take place within the Mare Island Naval Shipyard
Historic District and in sensitive archaeological areas.
Navy has completed consultation pursuant to Section 106 of the
National Historic Preservation Act, 16 U.S.C. Sec. 470(f), and its
implementing regulations, ``Protection of Historic Properties'', 36 CFR
Part 800, with the California State Historic Preservation Officer
(SHPO) and the Advisory Council on Historic Preservation (ACHP). This
consultation addressed the potential adverse effects of the Reuse Plan
on the Mare Island Naval Shipyard Historic District, which is listed on
the National Register of Historic Places and includes the properties
comprising the Mare Island Naval Shipyard National Historic Landmark.
In particular, the consultation considered the demolition of historic
buildings and structures and the construction of new buildings within
the Mare Island Naval Shipyard Historic District and in sensitive
archaeological areas.
The consultation also identified measures to be taken by Navy and
Vallejo that would avoid or mitigate adverse effects on Mare Island's
historic properties. These measures are set forth in the Memorandum Of
Agreement Among the United States Navy, the Advisory Council on
Historic Preservation and the California State Historic Preservation
Officer Regarding the Layaway, Caretaker Maintenance, Leasing, and
Disposal of Historic Properties on the Former Mare Island Naval
Shipyard, Vallejo, California, dated April 1, 1997 (MOA). This MOA was
executed by Navy, the SHPO, and the ACHP and concurred in by the City
of Vallejo and the National Park Service.
Under the terms and conditions of this MOA, Navy will secure and
maintain the historic properties and implement a program of recording
representative historic buildings according to the standards of the
Historic American Engineering Record or the Historic American Buildings
Survey before conveying any property at Mare Island Naval Shipyard. The
City will extend the protection of its historic preservation ordinance
to include all of the historic properties in Reuse Area 4 (the Historic
District) and selected historical buildings, structures, and landscape
features elsewhere within the Mare Island Naval Shipyard Historic
District. Vallejo will also ensure compliance with those requirements
of the California Environmental Quality Act applicable to the
protection of historic archaeological sites.
The Preferred Alternative would have significant impacts on
aesthetics and scenic resources. The proposed walking,
[[Page 59771]]
bicycling, and equestrian trails and the rifle range and horse stables
in the Regional Park at the southwestern end of the island would be
visible from many places in the Vallejo area. Similarly, the proposed
southern crossing bridge across Mare Island Strait would have a
significant impact on aesthetics and scenic resources because it would
also be visible from many places in the Vallejo area.
The Preferred Alternative could have adverse effects on biological
resources. In general, the proposed construction and redevelopment in
areas adjacent to wetlands could add sediment to those resources.
Construction of the southern crossing bridge could have a negative
impact if the project were to include removal of shoreline wetlands
and/or sensitive species habitat such as that which lies adjacent to
the proposed retail and residential development in Reuse Area 10. If
construction of this bridge would result in the placement of fill in a
wetland, permits required by Section 404 of the Clean Water Act, 33
U.S.C. Sec. 1251, et seq., must be obtained from the United States Army
Corps of Engineers.
Navy has completed consultations with the National Marine Fisheries
Service and the United States Fish and Wildlife Service pursuant to
Section 7 of the Endangered Species Act, 16 U.S.C. Sec. 1531, et seq.
In a letter dated March 29, 1996, the National Marine Fisheries Service
concurred that the endangered winter-run chinook salmon would not be
adversely affected by the proposed redevelopment. On May 23, 1997, the
U.S. Fish and Wildlife Service issued a Biological Opinion in which it
concluded that the disposal and reuse of Mare Island Naval Shipyard
property would not jeopardize the continued existence of the endangered
California clapper rail, the endangered salt marsh harvest mouse, the
threatened Delta smelt, or the proposed threatened Sacramento
splittail.
The Service's Opinion was conditioned upon Navy and the City of
Vallejo implementing measures that will protect these species. Before
disposal, Navy will protect the California clapper rail and salt marsh
harvest mouse by providing predator management (i.e., monitoring,
managing, and removing predators likely to adversely affect these
species) and by establishing conservation easements or similar real
estate instruments on the 81 acres of wetlands that provide suitable
habitat for these species.
Navy expects that the conservation easements or similar real estate
instruments will be held and administered by the U.S. Fish and Wildlife
Service. Additionally, in accordance with Executive Order 11990,
Protection of Wetlands, dated May 24, 1977, Navy will place a Notice in
the conveyance document that describes the conservation easements or
similar real estate instruments and identifies those uses that are
restricted by Federal, State, and local wetland regulations.
Navy will also develop a predator management plan and a public
access management program for Mare Island Naval Shipyard that it will
implement during the caretaker period preceding conveyance. After
conveyance of the surplus Shipyard property, the City of Vallejo will
be responsible for implementing a similar plan and program. Vallejo
will also limit the number of cats and dogs allowed in each residential
unit on Mare Island and will restrict cats and unleashed dogs to the
property lines of individual housing units.
Navy will protect the Delta smelt and the Sacramento splittail by
providing a Notice in the conveyance document that future users of the
drydocks and other waterfront property at Mare Island such as piers,
berths, and pilings may be required to obtain endangered species
incidental take permits from the National Marine Fisheries Service, the
U.S. Fish and Wildlife Service, and the California Department of Fish
and Game.
The Preferred Alternative could degrade water resources. Demolition
and construction activities may disturb the soil, increasing erosion
and sedimentation into Mare Island Strait. Thus, the California Water
Resources Board and the Regional Water Quality Control Board will
impose controls on redevelopment that require the use of stormwater
pollution prevention plans and best management practices.
Certain property on Mare Island could be subject to flooding from
high tides and water flow on the Napa River and as a result of land
subsidence and rising sea level. Those parts of the North Light
Industry, Office and Light Industry, Historic District, Heavy Industry,
and Retail and Residential Areas with elevations less than 10 feet
above sea level could be flooded if not adequately protected.
Consequently, the acquiring entity must comply with the Vallejo
Municipal Code, Title VII, Chapter 7.98, Flood Damage Protection.
Additionally, in accordance with Executive Order 11988, Floodplain
Management, dated May 24, 1997, Navy will place a Notice in the
conveyance document that describes those uses that are restricted under
Federal, State, and local floodplain regulations.
Dredging the ship berths along the eastern side of Mare Island
could expose aquatic organisms in the flood chain to disturbed
contaminated sediments from Mare Island Strait. The nature and extent
of these impacts cannot be determined before the sediments have been
tested and the dredging methods and dredge disposal sites have been
selected. It may be necessary to use special dredging equipment such as
closed clamshell buckets that would minimize the escape and dispersion
of contaminated water and sediment. In any event, the acquiring entity
will be required to obtain permits for such dredging from the U.S. Army
Corps of Engineers under Section 404 of the Clean Water Act, 33 U.S.C.
Sec. 1251, et seq.
The Preferred Alternative would have significant impacts on geology
and soils. As discussed earlier, certain parts of Mare Island could be
subject to flooding from naturally occurring high water levels. In
addition, the southern end of Reuse Area 10, the Retail and Residential
Area, could be flooded if the saltwater reservoir dam in Reuse Area
12's Regional Park were to fail. Similarly, if the Golf Course's
freshwater reservoir dam in Reuse Area 11 were to fail, the resultant
flooding would affect nearby wetland and open space areas.
Additionally, the Preferred Alternative would allow redevelopment
in parts of Mare Island that contain potential geological hazards.
Because the Shipyard is located in a seismically active area, buildings
there would be susceptible to structural damage from ground shaking,
liquefaction of soil, and slope failures that may occur during a large
earthquake.
The Preferred Alternative would have significant impacts on traffic
and circulation. Although the proposed reuse would generate about
60,224 average daily vehicle trips, significantly less than the 76,350
average daily vehicle trips that were associated with Navy's use of the
Shipyard property, the Preferred Alternative would result in an
increase in truck traffic during construction and subsequent reuse.
This increased truck traffic, arising out of the proposed warehouse and
industrial activities, could cause traffic congestion during peak
commuting periods.
Additionally, these trucks would be traveling on narrow Mare Island
roadways that were not designed to accommodate such traffic,
introducing safety hazards for other vehicles. The use of railroad
lines that run on the causeway bridge and on and close to Mare Island's
roadways would pose similar safety hazards. Neither the
[[Page 59772]]
railroad lines nor the roadways were designed to accommodate the nature
and extent of public use proposed in the Reuse Plan.
The Preferred Alternative would have a significant impact on air
quality. Local dust would be generated during demolition, renovation,
and construction activities, including construction of the southern
crossing bridge.
Section 176(c) of the Clean Air Act, 42 U.S.C. Sec. 7506, as
amended, requires Federal agencies to review their activities to ensure
that they do not hamper local efforts to control air pollution. This
statute prevents Federal agencies from conducting activities that do
not conform to an approved implementation plan. The United States
Environmental Protection Agency regulations implementing this statute
recognize certain categorically exempt activitities. Conveyance of
title to real property and leases in furtherance of conveyance that
meet certain criteria are categorically exempt activities. 49 CFR
Sec. 93.153(c)(2). Accordingly, the disposal of Mare Island Naval
Shipyard property does not require Navy to conduct a conformity
determination.
Navy holds Bay Area Air Quality Management District (BAAQMD) air
emission reduction credits (ERCs) for stationary air emission sources
such as the boilers, paint spray booths, and fuel storage facilities
and historically produced air emissions at Mare Island Naval Shipyard.
These ERCs include 18.9 tons of nitorgen oxides, 12.7 tons of precursor
organic compounds, one ton of non-precursor organic compounds, 1.2 tons
of particulate matter (PM10), 11.5 tons of carbon monoxide, and 0.9
tons of sulfur oxides. Navy has placed these ERCs in the BAAQMD
Emission Bank, from which they can be withdrawn later to offset air
emissions from new sources. Navy will retain the stationary source ERCs
to meet the future permit requirements of Department of Defense
facilities and activities. If there are no future Department of Defense
needs, the credits will be reallocated.
Navy also documented, as part of the NEPA process, mobile source
emissions associated with the operation of motor vehicles and other
non-stationary sources such as locomotives, vessels, and portable
generators at Mare Island. These mobile emission sources historically
produced 259 tons per year of reactive organic compounds, 397 tons per
year of nitrogen oxides, 1,823 tons per year of carbon monoxide, 50
tons per year of sulfur oxides, and 60 tons per year of particulate
matter (PM10).
The mobile sources emission reductions resulting from the closure
of Mare Island can be applied to offset emissions from other Federal
mobile sources to satisfy Federal Clean Air Act conformity
determinations in the area. Navy will retain the mobile source offsets
to meet future Federal Clean Air Act conformity requirements.
The Preferred Alternative would have significant temporary noise
impacts on adjacent lands use arising out of demolition, renovation,
and construction activities, including construction of the proposed
southern crossing bridge. Noise levels in residential areas along Cedar
Avenue between Seventh Street and Twelfth Street and at some other
locations would significantly increase as a result of the increased
traffic generated by the proposed reuse. In addition, a significant
noise impact would result from use of the proposed rifle range in the
Regional Park in Reuse Area 12. Noise generated at this rifle range
would adversely affect the nearby residential areas and passive
recreational uses of the Regional Park.
The Preferred Alternative would have a significant impact on one
utility system. The existing sanitary waste water collection system
lacks sufficient capacity to serve areas where there will be
substantial increases in users, such as the planned residential
development in Reuse Area 10. Consequently, it will be necessary for
the acquiring entity to upgrade and improve the existing system in
those areas where significant increases in population would result from
the proposed redevelopment.
The Preferred Alternative would not have a significant impact on
the other utility systems that serve Mare Island, i.e., water
distribution, solid waste management, natural gas, electric power, and
storm water drainage. Navy will convey easements and rights-of-way to
permit the continuing operation and maintenance of the communications,
electricity, and natural gas utility systems at Mare Island that have
already been conveyed to local utility providers.
Implementation of the Preferred Alternative would not have any
impact on existing environmental contamination at Mare Island Naval
Shipyard. Before conveyance, Navy will remediate contamination from
hazardous substances and investigate and remove unexploded ordnance in
a manner that protects human health and the environment. If Navy
conveys property at Mare Island Naval Shipyard before completion of the
required remediation, Navy will endure that the property is suitable
for disposal for its intended use. In either case, Navy will inform
future property owners about the environmental condition of the
property and may, where appropriate, include restrictions,
notifications, or covenants in deeds to ensure protection of human
health and the environment in light of the intended use of the
property.
No significant adverse impacts would be cause by the hazardous
materials and hazardous waste that may be used and generated by the
Preferred Alternative. The quantity of hazardous materials used,
stored, and disposed of, and the quantity of hazardous waste generated
on the property will be less under the Preferred Alternative than
during Navy's use of the Shipyard property. Hazardous materials used
under the Preferred Alternative will be managed according to applicable
Federal and State regulations. Hazardous wastes transported for
disposal or generated under the Preferred Alternative and stored for
more than 90 days will be controlled by the Resource Conservation and
Recovery Act of 1976, (RCRA), 42 U.S.C. Sec. 6901, et seq.
Navy also analyzed the impacts of 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. Sec. 4321 note. Construction of the
proposed southern crossing bridge could have disproportionate and
adverse land use, noise, traffic, and air quality impacts on the
minority and low-income residential neighborhood in South Vallejo. The
acquiring entity could avoid adversely affecting this neighborhood by
siting the Vallejo access to the bridge in an industrial area at Solano
Avenue.
A separate environmental analysis will be conducted, with public
participation, when the City selects a right-of-way for the bridge.
Consultation and coordination with Federal, State, and local
environmental and permitting agencies will be required throughout the
project review and approval process. No other disproportionately high
and adverse human health or environmental effects would be experienced
by minority and low-income populations as a result of the Preferred
Alternative.
Navy also analyzed the impacts on children pursuant to Executive
Order 13045, Protection of Children from Environmental Health and
Safety Risks, dated April 21, 1997. Under the Preferred Alternative,
the largest concentration of children would be present in the
residential, educational, and recreational areas on Mare Island and at
the Roosevelt Terrace housing
[[Page 59773]]
complex in the City of Vallejo. The Preferred Alternative would not
impose any disproportionate environmental health or safety risks on
children.
Mitigation
Implementation of the decision to dispose of Mare Island Naval
Shipyard does not require Navy to perform any mitigation measures
beyond those discussed here. Navy will take certain actions to
implement existing agreements and regulations. These actions were
treated in the FEIS/EIR as agreements or regulatory requirements rather
than as mitigation.
As required by Executive Order 11990, Protection of Wetlands, and
Executive Order 11988, Floodplain Management, Navy will incorporate
Notices in the conveyance documents describing wetland and floodplain
uses that are restricted under Federal, State, and local regulations.
Before property is conveyed, Navy will execute conservation easements
or similar real estate instruments for the 81 acres of wetlands that
provide suitable habitat for endangered species.
Before conveying any Shipyard property, Navy will record
representative historic buildings according to the standards of the
Historic American Engineering Record or the Historic American Buildings
Survey, as required by the Memorandum of Agreement dated April 1, 1997.
Additionally, in accordance with Federal and State laws, Navy will
include appropriate restrictive covenants in the property deeds for any
parcels where hazardous substances remain. As discussed above, Navy
will inform future property owners about the environmental condition of
the property and may, where appropriate, include restrictions,
notifications, or covenants in deeds to ensure the protection of human
health and the environment in light of the intended use of the
property.
The FEIS/EIR identified and discussed those actions that would be
necessary to mitigate impacts associated with the disposal and reuse of
Mare Island. 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.
Comments Received on the FEIS
Navy received comments on the FEIS/EIR from the United States
Environmental Protection Agency (EPA), the California Department of
Transportation, the California State Lands Commission, the Greater
Vallejo Recreation District, Arc Ecology (a private organization), and
four individuals. All of the substantive comments concerned issues
already discussed in the FEIS/EIR. Those comments that require
clarification are addressed below.
The California Department of Transportation commented that the
FEIS/EIR did not propose adequate mitigation measures for the highway
interchange on State Route 37 at Mare Island's North Gate. This agency
suggested that it may be necessary to rebuild the interchange to
accommodate the traffic that would be generated by the proposed reuse
activities. As discussed in the FEIS/EIR, the acquiring entity will
widen roads leading to and from this interchange to reduce potential
traffic congestion near Mare Island's North Gate.
The California Department of Transportation also commented that the
FEIS/EIR did not analyze the environmental impact of the additional
traffic on State Route 29 (Sonoma Boulevard) that would be generated by
the southern crossing bridge. The City of Vallejo and the California
Department of Transportation will determine the location of the bridge
in a future planning study. Thereafter, construction of the southern
crossing bridge will be subject to environmental impact analysis and
permitting requirements. At that time, appropriate mitigation measures
to address any additional traffic on State Route 29 can be identified.
The California State Lands Commission, Arc Ecology, and two private
citizens challenged Navy's determination of the amount of Mare Island
property that is subject to reversion to the State of California. They
also requested that Navy consider impacts associated with the different
configuration of reversionary land at Mare Island advanced by the State
Lands Commission. Navy's determination of the amount of property that
is subject to reversion to the State of California is based upon the
decision of the Supreme Court of the United States in United States v.
O'Donnell, 303 U.S. 501 (1938). The impacts that could arise from other
hypothetical configurations of reversionary lands need not be
considered.
A private citizen commented that in the FEIS/EIR, Navy should also
have considered alternative uses for certain property that reverts to
the State of California, i.e., the dredge material disposal ponds.
Similarly, Arc Ecololy commented that, in addition to the Reuse Plan's
proposals for reuse of the surplus Shipyard property, Navy should also
have evaluated in the FEIS/EIR, future uses of the reversionary
property and the property transferred to other Federal agencies.
The reversionary property will revert to the State of California by
operation of law. Since neither Navy nor the City of Vallejo can
determine the future use of this reversionary property, it would not be
appropriate to include a discussion of alternatives for the reuse of
such property in the FEIS/EIR. Similarly, the property transferred to
other Federal agencies to meet other Federal requirements is not
surplus to the needs of the Federal Government. Therefore, it is not
being considered for disposal in this FEIS/EIR. However, the FEIS/EIR
does analyze the potential cumulative environmental impacts arising out
of the proposed reuse of the Shipyard property, the reuse of base
closure property by other Federal agencies, and the reuse of
reversionary property by the State of California.
The Greater Vallejo Recreation District commented that additional
evaluation would be required before implementing particular
recreational projects such as construction of the horse stables and
rifle range in the Regional Park. The FEIS/EIR, however, recognizes
that future projects and redevelopment proposals will be subject to
CEQA and the City of Vallejo's zoning requirements.
Arc Ecology also commented that Navy narrowly defined the disposal
action to avoid responsibility for mitigating environmental impacts
that may occur after conveyance of the Shipyard property. The FEIS/EIR
fully analyzes the direct environmental impacts associated with the
disposal of surplus Shipyard property at Mare Island and the indirect
environmental impacts associated with reuse of that property. The FEIS/
EIR also clearly identifies mitigation related to the direct impacts of
Navy's disposal and the indirect impacts of reuse. Navy cannot control
reuse after conveyance of the property, and the acquiring entity will
be responsible for implementing any mitigation required by reuse
activities.
A private citizen expressed concern that Navy had leased property
at Mare Island to the City of Vallejo and transferred Shipyard property
to other Federal agencies before completing the FEIS/EIR. Navy leased
property at Mare Island Naval Shipyard to Vallejo only after conducting
separate NEPA evaluations and preparing appropriate NEPA documentation
for these interim leases. Additionally, the uses allowed under these
leases are limited to those that are substantially the same as Navy's
historical uses of the property. Moreover, these leases can be
cancelled
[[Page 59774]]
upon 30 days notice if the uses are incompatible with this Record of
Decision.
Arc Ecology also commented that Navy's use of historical
environmental conditions as the basis for its assessment of the effects
of projected future impacts could minimize or understate future
environmental impacts. In the FEIS/EIR, Navy employed the most recent
conditions representative of historical full scale Navy operations at
Mare Island as the baseline for evaluating impacts that would likely
result from the proposed reuse. Navy believes that this is an
appropriate standard to apply when assessing potential future
conditions.
In further comments on the FEIS/EIR, Arc Ecology suggested that
Navy had concluded that as a result of compliance with existing laws,
there would be no environmental impacts. On the contrary, Navy
identified several potential environmental impacts that could occur as
a result of implementing the Reuse Plan. Navy concluded, however, that
these impacts would be reduced to insignificant levels through the
required compliance with existing Federal, State, and local
regulations. These include compliance with Federal and State air
pollution emissions regulations and guidelines, Federal and State
hazardous waste management and remediation regulations, the Vallego
General Plan, and the Vallejo Municipal Code. Implementation of the
Reuse Plan will not require mitigation or protection beyond the
applicable requirements of these regulations and guidelines.
Arc Ecology also commented that Navy had incorrectly concluded that
the proposed redevelopment would be consistent with the goals,
policies, and land use designations set forth in the Vallejo General
Plan. This comment pointed to the need to revise the General Plan to
take account of the proposed reuse. The General Plan Land Use Map will
be amended to reflect the planned reuse, but the amendments to the
General Plan will fall within and be consistent with the current
policies and goals of the Vallejo General Plan.
Arc Ecology and a private citizen commented that Navy had not
adequately analyzed the potential impacts of future human or ecological
exposure to currently unknown contamination at Mare Island. Navy is
remediating contamination at Mare Island to levels that are protective
of human health and the environment pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA), 42
U.S.C. 9601, et seq., and Executive Order 12580, Superfund
Implementation, dated January 23, 1987. If any additional contamination
is discovered and is attributable to Navy, it too would be addressed
under CERCLA. It would be speculative now to identify mitigation
measures that would address unknown contamination. Furthermore, it is
unnecessary to an analysis of the proposed disposal and reuse of the
Shipyard.
A private citizen expressed concern that additional minority and
low-income areas in Vallejo, beyond those already identified in the
FEIS/EIR, would be disproportionately and adversely affected by reuse
activities on and off Mare Island. As discussed in the FEIS/EIR,
however, only the southern crossing bridge (depending upon the location
selected) could result in disproportionately high and adverse impacts
on a minority and low-income population. The other environmental
impacts identified in the FEIS/EIR would occur only on Mare Island
where no one presently resides or over a broad geographic area.
Therefore, these impacts would not result in disproportionately high
and adverse impacts on minority and low-income populations.
Another private citizen expressed concern that future redevelopment
projects could adversely affect wetlands because they may rely upon the
general wetland map that was included in the FEIS/EIR. This citizen
asked that Navy annotate the FEIS/EIR to state that its wetland map is
not adequate for project planning. This citizen also suggested that the
City adopt a mitigation measure requiring that project proponents
submit a wetland delineation approved by the United States Army Corps
of Engineers for any project that would affect lands which are not
paved, built upon, or landscaped. Section 404 of the Clean Water Act,
33 U.S.C. 1344, as implemented by its regulations, provides protection
for the wetlands at Mare Island. In addition, as required by Executive
Order 11990, Protection of Wetlands, Navy will place a Notice in the
property conveyance document that describes those uses that are
restricted under Federal, State, and local wetland regulations.
Several comments expressed concern that Navy had underestimated the
levels of police and fire protection services required to serve Mare
Island and that the costs of providing these services would result in
an overall reduction in public services in the City of Vallejo. Navy's
analysis in the FEIS/EIR adopted projected staffing requirements that
were provided by the City of Vallejo's Police and Fire Departments
during the reuse planning process. The Vallejo General Plan provides
that new development should bear the cost of extending or upgrading
public services. It is the policy and practice of the City of Vallejo
to require a new development to pay its fair share of the costs of
public services generated by the development.
Several private citizens and Arc Ecology, none of whom commented on
the Draft EIS/EIR, suggested making several changes to, or providing
additional detail concerning, aspects of the Reuse Plan and the
alternatives. They also requested more detailed analysis of certain
environmental impacts. Navy analyzed a reasonable range of alternatives
in the FEIS/EIR at a reasonably specific level. Future reuse proposals
will be subject to the environmental requirements of CEQA when
particular redevelopment plans are submitted to the City of Vallejo for
its consideration.
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. Sec. 2687 note, Navy's decision was based upon the
environmental analysis in the FEIS/EIR 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 174 and 175.
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, and other private and public
uses in the vicinity, neighboring improvement, 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
[[Page 59775]]
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 affect 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 in Part
101-47 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 those in the FPMR.
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 174.4 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 175.7(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. Sec. 484, as implemented by the FPMR, identifies several
mechanisms for disposing of surplus base closure property: by public
benefit conveyance (FPMR Sec. 101-47.303-2); by negotiated sale (FPMR
Sec. 101-47.304-9); and by competitive sale (FPMR Sec. 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 rests solely within the Secretary of the Navy's discretion.
Conclusion
The City of Vallejo's proposed reuse of Mare Island Naval Shipyard,
reflected in the Reuse Plan, is consistent with the requirements of the
FPMR and Section 174.4 of the DoD Rule. The LRA has determined in its
Reuse Plan that the property should be used for several purposes,
including industrial, commercial, residential, educational, and
recreational uses. 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 Preferred Alternative responds to local economic conditions,
promotes rapid economic recovery from the impact of the Shipyard's
closure, and is consistent with President Clinton's Five-Part Plan for
Revitalizing Base Closure Communities, which emphasizes local economic
redevelopment and creation of new jobs as the means to revitalize these
communities. 32 CFR Parts 174 and 175, 59 Fed. Reg. 16123 (1994).
Although the ``No action'' alternative has less potential for causing
adverse environmental impacts, this alternative would not take
advantage of the property's location, physical characteristics, and
infrastructure or the current uses of adjacent property. Additionally,
it would not foster local economic redevelopment of the Mare Island
Navy Shipyard property.
The acquiring entity, under the direction of Federal, State, and
local agencies with regulatory authority over protected resources, will
be responsible for adopting practicable means to avoid or minimize
environmental harm that may result from implementing the Reuse Plan.
Accordingly, Navy will dispose of Mare Island Naval Shipyard in a
manner that is consistent with the City of Vallejo's Reuse Plan for the
property.
Dated: October 23, 1998.
William J. Cassidy, Jr.,
Deputy Assistant Secretary of the Navy (Conversion And Redevelopment).
[FR Doc. 98-29560 Filed 11-4-98; 8:45 am]
BILLING CODE 3810-FF-M
