[Federal Register Volume 61, Number 209 (Monday, October 28, 1996)]
[Rules and Regulations]
[Pages 55567-55572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X96-31028]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 92
Revitalizing Base Closure Communities and Community Assistance--
Community Redevelopment and Homeless Assistance
CFR Correction
In title 32 of the Code of Federal Regulations, parts 1 to 190,
revised as of July 1, 1996, part 92 is added as follows:
PART 92--REVITALIZING BASE CLOSURE COMMUNITIES AND COMMUNITY
ASSISTANCE--COMMUNITY REDEVELOPMENT AND HOMELESS ASSISTANCE
Sec.
92.1 Purpose.
92.5 Definitions.
92.10 Applicability.
92.15 Waivers and extensions of deadlines.
92.20 Overview of the process.
92.25 HUD's negotiations and consultations with the LRA.
92.30 LRA application.
92.35 HUD's review of the application.
92.40 Adverse determinations.
92.45 Disposal of buildings and property.
Authority: 10 U.S.C. 2687 note.
Sec. 92.1 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. 92.5 Definitions.
As used in this part:
CERCLA. Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601 et seq).
Communities in the vicinity of the installation. The communities
that constitute the political jurisdictions (other than the State in
which the installation is located) that comprise the LRA for the
installation.
Consolidated Plan. The plan prepared in accordance with the
requirements of 24 CFR part 91.
Continuum of care system. (1) 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;
(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 that 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.
Day. One calendar day including weekends and holidays.
DoD. Department of Defense.
HHS. Department of Health and Human Services.
[[Page 55568]]
Homeless person.
(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. Department of Housing and Urban Development.
Installation. 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 Defense Base Closure
and Realignment Act of 1990 (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, 107 Stat. 1909).
Local redevelopment authority (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. National Environmental Policy Act of 1969 (42 U.S.C. 4320).
OEA. Office of Economic Adjustment, U.S. Department of Defense.
Private nonprofit organization. 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 designed 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. A conceptual land use plan prepared by the
recognized LRA to guide local reuse of the former military
installation.
Representative(s) of the homeless. 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. 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. Sufficient funding to acquire a
substantially equivalent facility.
Surplus property. 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. 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. A county within a metropolitan area as defined at 24
CFR 570.3.
Sec. 92.10 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 28089-28091).
(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) 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 previously.
(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. 92.15 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 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 Secs. 92.20 through 92.45 in any particular
case, subject only to statutory limitations.
Sec. 92.20 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
[[Page 55569]]
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. 92.20(a). For those installations that have
begun the process described in this part prior to publication of this
rule, HUD will, on a case by case basis, determine whether the
statutory requirements have been fulfilled and whether any additional
requirements listed in this part should be required. Upon the Federal
Register publication described in Sec. 92.20(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
rule, 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. 92.10(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 later of the date of publication of this part or the
date of HUD's publication of 24 CFR part 586.
(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 part 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 in Sec. 92.20(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. 92.20(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 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, as amended (40 U.S.C. 472); 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. 92.20(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. 92.30.
(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
[[Page 55570]]
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. 92.25 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. 92.30 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 jurisdiction(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, Priority Homeless Needs Assessment Table, 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, Priority Homeless Needs Assessment
Table, 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 paragraph (b)(1)(ii)(A) or
(b)(1)(ii)(B) of this section 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 discussion 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. 92.45(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; and
(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 jurisdictions in the vicinity of the installation.
(5) Outreach. The LRA shall explain how the outreach requirements
described at Sec. 92.20(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. 92.20(c)(6). These materials shall be
prefaced with an overview of the citizen participation process observed
in preparing the application.
Sec. 92.35 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
[[Page 55571]]
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. 92.20(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. 92.15(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 paragraph (b) of this
section. 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. 92.20(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. 92.40.
(d) Opportunity to cure. (1) The LRA shall have 90 days from its
receipt of the notice of preliminary determination under paragraph
(c)(1) of this section 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 paragraph (b) of this section.
(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. 92.40 Adverse determinations.
(a) Solicitation of proposals. If HUD determines that the LRA's
resubmission fails to meet the requirements of Sec. 92.35(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 paragraph
(a)(3) of this section.
(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 laws and authorities listed in 24 CFR 50.4 before
accepting a proposal under this part.
(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. 92.45 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.
[[Page 55572]]
(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. 92.40(c).
(c) Disposal. Upon receipt of a notice of approval of an
application from HUD under Sec. 92.35(c) and Sec. 92.40(d), 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.
BILLING CODE 1505-01-D
