[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 803 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 803

To amend the Defense Base Closure and Realignment Act of 1990 in order 
to revise the process for disposal of property located at installations 
     closed under that Act pursuant to the 1995 base closure round.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 15, 1995

  Mr. McCain introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To amend the Defense Base Closure and Realignment Act of 1990 in order 
to revise the process for disposal of property located at installations 
     closed under that Act pursuant to the 1995 base closure round.
    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 ``Base Transition Acceleration Act of 
1995''.

SEC. 2. REVISION OF DISPOSAL PROCESS.

    Section 2905(b) of 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) 
is amended--
            (1) by redesignating paragraph (8) as paragraph (9); and
            (2) by inserting after paragraph (7) the following new 
        paragraph (8):
    ``(8)(A) Except as provided in paragraphs (1) and (9) and 
notwithstanding any other provision of law, the disposal of buildings 
and property located at installations approved for closure under this 
part after January 1, 1995, shall be governed by the provisions of this 
paragraph. No individual, group, or other entity (other than a 
department or agency of the Federal Government acting solely on behalf 
of such department or agency) may seek the use, by transfer or 
otherwise, of buildings and property at installations covered by this 
paragraph except through the redevelopment plans for such installations 
under this paragraph.
    ``(B)(i) The Secretary shall take such actions as the Secretary 
determines necessary to ensure that final determinations regarding 
whether another department or agency of the Federal Government has 
identified a use for any portion of an installation covered by this 
paragraph, or will accept transfer of any portion of such an 
installation, are completed not later than 60 days after the date of 
approval of closure of the installation.
    ``(ii) Upon the completion of the determinations referred to in 
clause (i) with respect to an installation, the Secretary shall publish 
the results of the determinations in the Federal Register. In 
publishing such results, the Secretary shall clearly identify the 
buildings and property at the installation for which another department 
or agency has identified a use or of which another department or agency 
will accept transfer.
    ``(C)(i) Not later than 180 days after the date of completion of 
determinations with respect to an installation under subparagraph (B), 
the redevelopment authority for the installation shall prepare and 
submit to the Secretary a redevelopment plan for the installation. The 
redevelopment plan shall address the buildings and property of the 
installation that are not identified by the Secretary under the second 
sentence of subparagraph (B)(ii).
    ``(ii)(I) Notwithstanding section 2910(9), the redevelopment 
authority for an installation covered by this paragraph shall consist 
of any State and local governments and tribal governments affected by 
the closure of the installation and any United States citizens, or 
groups of such citizens, residing in a community in the vicinity of the 
installation, which governments and citizens are recognized by the 
Secretary as the redevelopment authority for purposes of this 
paragraph.
    ``(II) The chief executive officer of the State in which an 
installation covered by this paragraph is located may resolve any 
disputes among citizens or groups of citizens as to the individuals and 
groups constituting the redevelopment authority for the installation.
    ``(D)(i) Not later than 60 days after the date of the submittal of 
a redevelopment plan under subparagraph (C), the Secretary shall--
            ``(I) review the plan for purposes of determining whether 
        to accept or reject the plan; and
            ``(II) accept or reject the plan.
    ``(ii) The Secretary shall notify the redevelopment authority 
concerned of the acceptance or rejection of a plan by the Secretary 
under clause (i). If the Secretary rejects the plan, the Secretary 
shall set forth in the notice the reasons for rejecting the plan.
    ``(E) If the Secretary rejects a redevelopment plan under 
subparagraph (D)(i)(II), the redevelopment authority concerned may 
prepare and submit to the Secretary a revised redevelopment plan for 
the installation concerned. The redevelopment authority shall submit a 
revised redevelopment plan under this subparagraph, if at all, not 
later than 90 days after the date on which the Secretary notifies the 
redevelopment authority of the rejection of the plan concerned by the 
Secretary under subparagraph (D).
    ``(F)(i) Not later than 30 days after the date of the submittal of 
a revised redevelopment plan under subparagraph (E), the Secretary 
shall--
            ``(I) review the plan for purposes of determining whether 
        to accept or reject the plan; and
            ``(II) accept or reject the plan.
    ``(ii) The Secretary shall notify the redevelopment authority 
concerned of the acceptance or rejection of a plan by the Secretary 
under clause (i).
    ``(G)(i) The Secretary shall dispose of buildings and property at 
an installation covered by this paragraph--
            ``(I) in the case of buildings or property for which 
        another Federal department or agency has identified a use or of 
        which another Federal department or agency has requested 
        transfer under subparagraph (B), by transfer or other 
        appropriate means of disposal of such buildings or property to 
        the department or agency; and
            ``(II) in the case of buildings or property covered by the 
        provisions of a redevelopment plan approved by the Secretary 
        under this paragraph, in accordance with the provisions of the 
        redevelopment plan.
    ``(ii) The provisions of section 120(h) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9620(h)) shall apply to any transfer of real property under this 
paragraph.
    ``(H) The Secretary may, in consultation with the redevelopment 
authority concerned, postpone or extend any deadline provided for under 
this paragraph in the case of an installation covered by this paragraph 
for such period as the Secretary determines appropriate if the 
Secretary determines that such postponement is in the best interests of 
the communities affected by the closure of the installation.''.
                                 <all>