[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2719 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2719

To provide for the use of an independent site manager, selected by the 
    Secretary of Defense in consultation with local governments and 
   residents of communities adversely affected by base closures, to 
    perform management functions in connection with the closure or 
                 realignment of military installations.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 23, 1993

  Mr. Fazio introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To provide for the use of an independent site manager, selected by the 
    Secretary of Defense in consultation with local governments and 
   residents of communities adversely affected by base closures, to 
    perform management functions in connection with the closure or 
                 realignment of military installations.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Defense Reuse Community Partnership 
Act''.

SEC. 2. BASE DISPOSAL MANAGEMENT CONTRACT.

    (a) Use of Independent Site Manager.--(1) In order to fulfill the 
responsibilities of the Secretary of Defense under a base closure law, 
the Secretary may enter into one or more contracts with independent 
entities (in this section referred to as a ``Site Manager'') to assist 
the Secretary in managing the site planning, approval, preparation, and 
disposal of excess and surplus real property at military installations 
to be closed or realigned under such base closure law. The Secretary 
shall select a Site Manager in consultation with the affected local 
community and may make the selection without reference to Federal 
acquisition laws and regulations.
    (2) During the term of a contract entered under this subsection and 
the five-year period beginning on the termination date of the contract, 
the Site Manager subject to that contract (and its affiliates) shall be 
barred from bidding for or acquiring any interest in real property or 
facilities located at any of the military installations to be managed 
by the Site Manager, unless such acquisition is necessary to execute 
the terms of the contract.
    (b) Qualifications.--In selecting a Site Manager, the Secretary of 
Defense shall ensure that the Site Manager, either directly or through 
its principals, has had prior experience--
            (1) in the site planning of properties located at military 
        installations;
            (2) in dealing with local land use authorities in the 
        States in which the military installations to be managed are 
        located;
            (3) in managing the cleanup of hazardous waste 
        contamination;
            (4) in resolving land use issues under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
        the National Historic Preservation Act of 1966 (16 U.S.C. 470 
        et seq.); and
            (5) in meeting such other qualifications as the Secretary 
        considers to be necessary to perform the tasks set forth in 
        this section.
    (c) Duties Generally.--Under the contract entered into under 
subsection (a), a Site Manager shall--
            (1) analyze the land use potential of the military 
        installations to be managed by the Site Manager;
            (2) coordinate with the applicable State and local 
        authorities to develop reuse options and obtain necessary 
        zoning and infrastructure approvals with respect to these 
        installations;
            (3) manage the remediation of any adverse environmental 
        conditions on these installations;
            (4) coordinate with State and Federal agencies to complete 
        all reports and analyses required under applicable law with 
        respect to these installations;
            (5) initiate and coordinate the notices and consultations 
        with Federal, State, regional, and local agencies contemplated 
        under the authority delegated to the Secretary of Defense under 
        a base closure law and the procedures contemplated under 
        section 501 of the Stewart B. McKinney Homeless Assistance Act 
        (42 U.S.C. 11411);
            (6) manage through the use of community assets the 
        maintenance and interim use of these installations pending 
        final disposition;
            (7) prepare real property and facilities at these 
        installations for disposal (including any necessary site-
        clearing and infrastructure installation); and
            (8) manage the sale of sale parcels in accordance with 
        subsection (f).
    (d) Appraisal.--Before incurring any expenses under the contract, 
the Secretary of Defense shall cause each proposed sale parcel at a 
military installation to be managed by a Site Manager to be appraised 
to determine the then-current ``as-is'' value of the parcel. The 
appraisal shall be conducted in accordance with land appraisal 
regulations issued by the Office of the Comptroller of the Currency and 
the Office of Thrift Supervision under title XI of the Financial 
Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 
3331 et seq.).
    (e) Budget.--A Site Manager and the Secretary of Defense shall 
jointly develop a detailed budget for each phase of the site 
preparation and approval process for each military installation to be 
managed by the Site Manager. The contract entered into under subsection 
(a) shall authorize the Site Manager through the sole exercise of its 
reasonable business judgment, in accordance with the approved budget 
and without reference to Federal acquisition laws and regulations, to 
engage contractors and other professionals to complete all aspects of 
the site preparation and approval process, including environmental 
remediation. The Secretary shall reimburse the Site Manager for the 
reasonable overhead costs incurred by the Site Manager and for payments 
due under the contracts and subcontracts contemplated by this section.
    (f) Sale Procedures and Disposition of Proceeds.--After a sale 
parcel managed by a Site Manager has received all necessary approvals 
and is otherwise ready for sale, the Site Manager shall sell the 
parcel, as an agent for the Secretary of Defense, in one or more 
transactions. Each sale shall be on terms acceptable to the Secretary, 
determined in consultation with the Site Manager and appropriate local 
authorities. The proceeds from each sale shall be divided among the 
Department of Defense, the Site Manager involved, and appropriate local 
authorities as follows:
            (1) The Secretary of Defense shall receive an amount equal 
        to--
                    (A) the initial ``as-is'' appraised value of the 
                parcel established in accordance with subsection (d);
                    (B) the costs incurred by the Secretary under the 
                contract with the Site Manager (other than 
                environmental analysis and remediation costs, costs of 
                preparing or conducting reports, analyses, notices, and 
                consultations required under applicable law, property 
                maintenance costs, and all other costs that the 
                Secretary would be required to incur if the contract 
                with the Site Manager did not exist) and the reasonable 
                costs of conducting the sale; and
                    (C) \1/3\ of the remainder of the proceeds.
            (2) From amounts remaining after operation of paragraph 
        (1), the applicable local authorities, as determined by the 
        Secretary, shall receive \1/2\ of the remainder. If the 
        appropriate local authorities cannot be determined 
        satisfactorily to the Secretary, the State in which the 
        military installation involved is located shall receive the 
        amount that would be distributed pursuant to this paragraph.
            (3) From amounts remaining after operation of paragraph 
        (1), the Site Manager involved shall receive \1/2\ of the 
        remainder.
    (g) Reports.--(1) At such intervals as the Secretary of Defense may 
prescribe, each Site Manager shall submit to the Secretary reports 
describing the activities of the Site Manager under a contract entered 
into under subsection (a) and such other information as the Secretary 
may require.
    (2) Not later than May 31, 1994, and May 31, 1995, the Secretary of 
Defense shall submit to Congress a report regarding all military 
installations covered by a contract under this section and the status 
of the site preparation and disposal process at the installations.
    (h) Base Closure Law Defined.--For purposes of this section, the 
term ``base closure law'' means each of the following:
            (1) The Defense Base Closure and Realignment Act of 1990 
        (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 
        note).
            (2) Title II of the Defense Authorization Amendments and 
        Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 
        2687 note).
            (3) Section 2687 of title 10, United States Code.
            (4) Any other similar law enacted after the date of the 
        enactment of this Act.

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