[Federal Register Volume 62, Number 126 (Tuesday, July 1, 1997)]
[Rules and Regulations]
[Pages 35343-35351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17097]
[[Page 35343]]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 176
RIN 0790-AG18]
Revitalizing Base Closure Communities and Community Assistance--
Community Redevelopment and Homeless Assistance
AGENCY: Office of the Deputy Under Secretary of Defense (Industrial
Affairs and Installations).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule revises the Department of Defense's (DoD)
Revitalizing Base Closure Communities and Community Assistance--
Community Redevelopment and Homeless Assistance regulation published on
August 8, 1995. It establishes policies and procedures, developed by
both DoD and HUD, to take into account Section 2838 of the National
Defense Authorization Act for FY96.
EFFECTIVE DATE: July 1, 1997.
FOR FURTHER INFORMATION CONTACT:
Patrick O'Brien, Base Closure and Community Reinvestment Office,
Department of Defense, 400 Army Navy Drive, Suite 200, Arlington, VA
22202, (703) 604-5844 or Bill Poythress, Base Redevelopment Team,
Department of Housing and Urban Development, 75 Spring Street, SW,
Atlanta, GA 30303-3388, (404) 331-5001 x2546 (these telephone numbers
are not toll-free).
SUPPLEMENTARY INFORMATION:
Regulatory History and Background Information
DoD and HUD published interim final rules on August 8, 1995, (60 FR
40277) and August 17, 1995, (60 FR 42972), respectively, implementing
the Base Closure Community Redevelopment and Homeless Assistance Act,
Public Law 103-421, (the ``Redevelopment Act''). Public comments were
accepted until October 16, 1995.
On February 10, 1996, the President signed the National Defense
Authorization Act for FY96 (Pub.L. 104-106). Section 2838 of that Act
amended the Redevelopment Act in the following ways:
It clarified that the Redevelopment Act applies to both
base closure and realignment sites.
It required HUD, after rejecting an application, to
provide information to DoD on the suitability of buildings and property
at the base for homeless use and the extent to which the redevelopment
plan meets HUD's review criteria.
It clarified DoD's obligations under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in two
important respects. First, it clarified that the Military Department's
proposed action must encompass the LRA's redevelopment plan (see
subsections 2905(b)(7)(K)(ii) and 2905(b)(7)(L)(iv)(ll)). Second, it
mandated that the Military Department give deference to the LRA's
redevelopment plan in its property disposal decisions. The degree of
deference depends, in part, on whether HUD determines that the LRA's
redevelopment plan balances in an appropriate manner the needs of the
communities in the vicinity of the installation for economic
development and other development with the needs of the homeless in
such communities (compare subsection 2905(b)(7)(K)(iii) with subsection
2905(b)(7)(L)(iv)(lll)).
This final rule addresses both the comments received on the interim
final rules during the public comment period, and the amendment to the
Redevelopment Act contained in Public Law 104-106. In addition, this
rule contains the regulatory requirements under the Redevelopment act
for both DoD and HUD. In another issue of the Federal Register, HUD
will be publishing its final rule at 24 CFR part 586.
Discussion of Public Comments
In response to the August 8, 1995, and August 17, 1995,
publications by DoD and HUD, comments were received from six different
sources including State and local entities and non-profit
organizations. The comments covered nine major areas:
1. Definitions/Terms
Several commented that the definitions in the interim final rules
needed to be consistent with the definitions of the same terms in DoD's
final rule titled ``Revitalizing Base Closure Communities and Community
Assistance'' (32 CFR parts 174 and 175). Others recommended that the
definition of ``communities in the vicinity of the installation'' be
modified to take into consideration the impact the closure will have on
a particular locality, based on distance and economics. One entity
recommended that the definition of ``redevelopment plan'' be revised to
allow for the creation of specific land use plans.
Response: The definitions in this rule were compared to the
definitions in 32 CFR parts 174 and 175 to ensure that, where
appropriate, the same definition was used. As a result, the definition
of ``surplus property'' has been revised (Sec. 176.5). With respect to
the meaning of ``communities in the vicinity of the installation,''
this term is defined, consistent with the authorizing statute, as being
those political jurisdictions that comprise the LRA, which is the
entity responsible for developing or implementing the redevelopment
plan for the installation. It is reasonable to expect that the
communities that participate in the LRA will be those most directly
affected by the installation's redevelopment. In addition, the
definition of ``redevelopment plan'' has been revised to be more
responsive to community needs while ensuring that the plan contains the
information needed by HUD for its review (Sec. 176.5).
2. Soliciting/Receiving Notices of Interest
One entity commented that the time period for accepting notices of
interest at BRAC `95 sites needed to be modified to require a minimum
of 30 days instead of 90 days. Another suggested that homeless
providers should be required to demonstrate that they considered
properties off base before submitting a notice of interest to the LRA.
In addition, one commentor suggested that the rule be changed to make
it clear that only organizations in the vicinity of the installation
are eligible to submit notice of interest and that LRAs should not be
required to solicit notices of interest from commercial, industrial,
and residential development groups.
Response: As specified in section 2905(b)(7)(D) of the Defense Base
Closure and Realignment Act of 1990 (Pub. L. 101-510, as amended),
interested parties must submit notices of interest by the date
specified by the LRA in its local newspaper publication. Further, the
date specified by the LRA cannot be earlier than 90, or later than 180
days from the date the Military Department makes its surplus
determination. Based on the experience of HUD and DoD under the interim
rule, there is apparently confusion among local communities on this
matter. Pursuant to the authority granted to the Secretary of Defense
to extend or postpone certain deadlines, the final rule clearly
specifies that the date by which interested parties must submit notices
of interest can be no earlier than 90 and not later than 180 days from
the date that the LRA makes its local newspaper publication that it is
accepting notices of interest. In accordance with Sec. 176.15(b) of
this rule, HUD may waive the regulatory
[[Page 35344]]
requirement that the minimum 90 days be calculated from the date of the
LRA's publication. However, in no event may the date by which parties
must submit notices of interest be earlier than 90 days from the date
the Military Department makes its surplus determination.
DoD and HUD will not require homeless providers to consider off
base property before submitting a notice of interest because such a
requirement would be unduly burdensome and would not result in any
clearly evident benefit. In response to the other comments, LRAs should
be aware that any eligible entity that proposes to assist homeless
individuals and families in the communities in the vicinity of the
installation may submit a notice of interest. Further, while LRAs are
not required to actively solicit notices from commercial, industrial,
and residential development groups, they are encouraged to consider
such interests in an effort to identify any and all interest in the
site.
3. Release of Information Contained in Notices of Interest
Several commented that the prohibition on releasing to the public
any information contained in the notices of interest should be limited
to information that is proprietary or confidential.
Response: The rule has been revised to mirror the statute by
prohibiting the release of information about the capacity of the
representative of the homeless to carry out its program, a description
of the organization, or its financial plan without the consent of the
representative of the homeless, unless such release is authorized under
Federal law and under the law of the State and communities in which the
installation concerned is located (Sec. 176.20(c)(2)(i)). The identity
of the representative of the homeless, however, may be disclosed.
4. State and Local Screening
Several requested that the requirement for the Military Departments
to conduct an ``official'' State and local public benefit screening be
deleted. Some commented that if the requirement is not removed, then
the current process should be revised to require Federal sponsoring
agencies to notify eligible applicants that any request for property
must be identical to the uses in the redevelopment plan, or
specifically approved by the LRA.
Response: The provisions of the Federal Property and Administrative
Services Act (FPASA) require the General Services Administration (GSA)
to conduct a State and local public benefit transfer screening for all
property that has been declared surplus to the needs of the Federal
government. For base closure property, GSA has delegated this
responsibility to the Military Departments. The provisions of the
Redevelopment Act, as recently amended, do not change this requirement.
To ensure consistency with the redevelopment plan to the greatest
extent allowable, the rule requires that all requests for property
during the Military Department's public benefit screening be consistent
with the uses identified in the redevelopment plan. LRAs should note
that, at the request of the LRA, the Military Department may conduct
the State and local public benefit screening before the submission of
the redevelopment plan to DoD and HUD.
5. Application Requirements
One comment asked that the rule clarify that the legally binding
agreements are not executed documents. Another asked that the
requirement to provide information on the impact that the implemented
redevelopment plan would have on the community be removed. Another
asked that the provision that allows HUD to require homeless
representatives to submit a certification that public services and
utilities are adequate for the program, after HUD has twice rejected
the LRA's plan, be deleted.
Response: The language on legally binding agreements states that
the agreements are ``proposed to be entered into'' implying that they
are not executed documents. These agreements will not be implemented
until after the disposal of the property by the Military Department
under Sec. 176.45(c). HUD and DoD decided not to remove the requirement
to provide information on the impact the implemented redevelopment plan
would have on the community because such information is necessary for
HUD to complete the required review of the adequacy of the
redevelopment plan in balancing homeless and economic development
needs. The provision that states HUD may require homeless
representatives to submit certification that public services and
utilities are adequate has been removed from this rule although it
remains in the statute (Sec. 176.40(a)).
6. Development of the Reuse Plan
One commentor asked that the rule provide some guidelines on how
much monetary or material property should be allocated to homeless
providers. Others asked for more guidance on how to deal with notices
of interest from homeless providers that ask for property as well as
funding. Another commentor wanted more guidance on who should take part
in the negotiations between the LRA and homeless providers.
Response: The Redevelopment Act empowers local communities by
placing responsibility for base reuse planning and decisions on
homeless assistance in the hands of the LRA, an entity which represents
the political jurisdictions affected by the closure or realignment. As
a result, decisions on how much money or property should be allocated
to homeless providers, how an LRA should deal with notices of interest
that ask for property as well as funding, and who should take part in
negotiations have been left to the discretion of the LRA. DoD and HUD
urge LRAs to consult with the applicable Military Department during the
planning process on the feasibility of implementing the LRA's
recommended solutions to address gaps in the Continuum of Care given
existing property disposal mechanisms.
7. Public Participation/Review of the Reuse Plan
Several requested that the requirement that the draft application
be made available for public review and comment throughout the process
be removed, while others asked that the rule require more general
public involvement in the process.
Response: DoD and HUD recognize that requiring LRAs to make the
draft application available for public review at all times could
hinder, rather than help, the process. In addition, an LRA is, by its
very nature, a public body that is accountable to the constituency it
represents--the communities impacted by the closure or realignment.
Taking public views and comments into consideration should be a normal
part of the LRA's reuse planning process. Accordingly, the requirement
that the draft application be made available for public review and
comment throughout the process has been modified to require the
application to be made available periodically during the process
(Sec. 176.20(c)(6)). LRAs will still be required to conduct at least
one public hearing on the application prior to its submission to HUD
and DoD. DoD and HUD continue to strongly support public involvement in
the reuse planning process and stress that this modification should not
be interpreted as lessening the need for an open, public, participatory
process.
8. HUD Review of the Application
Several asked that additional guidance be provided on what criteria
[[Page 35345]]
HUD will use to determine ``balance'' and that HUD's review include
sources in addition to the Consolidated Plan. Others asked that HUD's
review be revised to reflect the local community's determination of
homeless need, existing services, gaps in services, and strategies for
accommodation of these needs within the redevelopment plan. Still
others felt that HUD's review should be limited to a determination of
whether the LRA followed the correct procedures in developing a
redevelopment plan. Finally, some asked that the rule stipulate that
the redevelopment plan should not be viewed as the comprehensive
solution to homelessness in the communities in the vicinity of the
installation, but as a way to address a portion of those needs.
Response: The consolidated Plan, or any other existing housing,
social service, community, economic, or other development plan adopted
by the political jurisdictions in the vicinity of the installation,
will continue to be used by HUD to determine if the LRA's redevelopment
plan 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. HUD and DoD agree that
using a community-developed assessment, like the Consolidated Plan, as
the basis for this review is in keeping with the spirit and intent of
the Redevelopment Act--to move decisions on homeless assistance from
Washington and the Federal government to the local community. In
addition, HUD believes that using an existing plan is preferable to
mandating the creation of new documents. Further, to carry out its duty
under the Redevelopment Act, HUD must consider factors beyond whether
the LRA followed the correct procedures in developing a redevelopment
plan. Additional information about HUD's review process is outlined
below. It may not be possible, or appropriate, to view the
redevelopment plan as a comprehensive solution to homelessness. In
response to public comments, the rule has been revised to clarify that
the redevelopment plan may meet all or a portion of the needs of the
homeless (Sec. 176.30(b)(2)(i) and Sec. 176.35(b)(4)).
9. Plan Implementation/Property Disposal
One commentor requested that the rule clarify the role the Military
Department plays in making a final decision on reuse through a Record
of Decision (ROD) and that the LRA should be provided an opportunity to
appeal the decision of HUD.
Response: As a result of recent amendments to the Redevelopment
Act, a new section clarifying the role of the Military Department has
been added at Sec. 176.45(b) of this rule. Because of the role of the
Military Department following HUD review and notification, as expressed
in Sec. 176.45(b), DoD and HUD believe the need for an appeal process
has been overtaken by the amendments.
Extent of Changes to the Rule
DoD and HUD believe that the process created in the interim final
rule requires few changes as evidenced by the limited number of
comments received on the rule, the ease with which LRAs have been
complying with the requirements set out in the rule, and most
importantly, by the content of the applications that have been
submitted to HUD for approval. The redevelopment plans contained in the
applications that have been submitted have, for the most part, balanced
the economic redevelopment and other development needs of the
communities in the vicinity of the installation with the needs of the
homeless in those communities in an appropriate manner. As a result,
extensive changes based on public comments have not been made. However,
changes stemming from the recent amendments to the Redevelopment Act
have been incorporated.
HUD's Review Process
Since the publication of the interim final rule, the area that has
raised the most questions has been the process HUD uses to review
applications. In accordance with the procedures outlined in the
Redevelopment Act, the LRA must submit to HUD and DoD an application
which includes a copy of the redevelopment plan and a homeless
assistance submission. HUD reviews these applications and notifies DoD
and the LRA of its findings. The review criteria used by HUD are
outlined in Sec. 176.35(b) of this rule.
To help facilitate the completion of approvable applications, HUD
works with LRAs, the affected communities, and representatives of the
homeless throughout the development of the redevelopment plan and
application. HUD is available to provide assistance to LRAs throughout
the planning process. Such assistance includes attending LRA workshops
held under Sec. 176.20(c)(3) and meeting with LRAs at their request to
discuss specific issues.
HUD must receive the LRA's application no later than 270 days from
the deadline for receipt of notices of interest. HUD's headquarters
Base Redevelopment Team, and the local HUD Field Office will jointly
review the applications and approve or disapprove the LRA's submission.
This evaluation includes a completeness review to determine if all the
required elements have been submitted by the LRA. The HUD Field Office
will contact the LRA regarding any elements that were omitted. Next,
HUD evaluates if the redevelopment plan balances the economic
redevelopment and other development needs of the communities in the
vicinity of the installation with the needs of the homeless in those
communities in an appropriate manner. Finally, HUD evaluates the
legally binding agreements to ensure that the terms and conditions are
clearly articulated.
To assist LRAs with completing their applications and to provide
more information to interested parties about the Redevelopment Act
process including HUD's review process, HUD has developed a publication
called the ``Guidebook on Military Base Reuse and Homeless
Assistance.'' To obtain a copy write the Department of Housing and
Urban Development, Base Redevelopment Team, 75 Spring Street, SW,
Atlanta, GA 30303-3388 or call (401) 331-5001 x2546. The Guidebook is
also available on the World Wide Web at: http://www.hud.gov/cpd/
milbase.
Statement of Determination and Certifications
Executive Order 12866, ``Regulatory Planning and Review''
It has been determined that this rule is not a significant
regulatory action as defined under section 3(f)(1) through 3(f)(4) of
Executive Order 12866.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)
It has been determined that this rule will not have a significant
economic impact on a substantial number of small entities.
Public Law 104-13, ``Paperwork Reduction Act of 1995'' (44 U.S.C.
Chapter 35)
The information collection requirements contained in Secs. 176.20
and 176.30 of this rule have been approved by the Office of Management
and Budget in accordance with the Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35), and assigned OMB control number 2506-0154. An
agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless the
[[Page 35346]]
collection displays a valid control number.
List of Subjects in 32 CFR Part 176
Community development; Government employees; Military personnel;
Surplus government property.
Accordingly, 32 CFR part 176 is revised to read as follows:
PART 176--REVITALIZING BASE CLOSURE COMMUNITIES AND COMMUNITY
ASSISTANCE--COMMUNITY REDEVELOPMENT AND HOMELESS ASSISTANCE
Sec.
176.1 Purpose.
176.5 Definitions.
176.10 Applicabiity.
176.15 Waivers and extensions of deadlines.
176.20 Overview of the process.
176.25 HUD's negotiations and consultations with the LRA.
176.30 LRA application.
176.35 HUD's review of the application.
176.40 Adverse determinations.
176.45 Disposal of buildings and property.
Authority: 10 U.S.C. 2687 note.
Sec. 176.1 Purpose.
This part implements the Base Closure Community Redevelopment and
Homeless Assistance Act, as amended (10 U.S.C. 2687 note), which
instituted a new community-based process for addressing the needs of
the homeless at base closure and realignment sites. In this process,
Local Redevelopment Authorities (LRAs) identify interest from homeless
providers in installation property and develop a redevelopment plan for
the installation that balances the economic redevelopment and other
development needs of the communities in the vicinity of the
installation with the needs of the homeless in those communities. The
Department of Housing and Urban Development (HUD) reviews the LRA's
plan to see that an appropriate balance is achieved. This part also
implements the process for identifying interest from State and local
entities for property under a public benefit transfer. The LRA is
responsible for concurrently identifying interest from homeless
providers and State and local entities interested in property under a
public benefit transfer.
Sec. 176.5 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. If no LRA is formed at the local level, and the State is
serving in that capacity, the communities in the vicinity of the
installation are deemed to be those political jurisdiction(s) (other
than the State) in which the installation is located.
Continuum of care system.
(1) A comprehensive homeless assistance system that includes:
(i) A system of outreach and assessment for determining the needs
and condition of an individual or family who is homeless, or whether
assistance is necessary to prevent an individual or family from
becoming homeless;
(ii) Emergency shelters with appropriate supportive services to
help ensure that homeless individuals and families receive adequate
emergency shelter and referral to necessary service providers or
housing finders;
(iii) Transitional housing with appropriate supportive services to
help those homeless individuals and families who 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 are services that enable homeless persons
and families to move through the continuum of care toward independent
living. These services include, but are not limited to, case
management, housing counseling, job training and placement, primary
health care, mental health services, substance abuse treatment, child
care, transportation, emergency food and clothing family violence
services, education services, moving services, assistance in obtaining
entitlements, and referral to veterans services and legal services.
Consolidated Plan. The plan prepared in accordance with the
requirements of 24 CFR part 91.
Day. One calendar day including weekends and holidays.
DoD. Department of Defense.
HHS. Department of Health and Human Services.
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,
including any leased facility, that is approved for closure or
realignment under the Base Closure and Realignment Act of 1988 (Pub. L.
100-526). as amended, or the Defense Base Closure and Realignment Act
of 1990 (Pub. L. 101-510), as amended (both at 10 U.S.C. 2687, note).
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, 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 designated an entity that will maintain a
functioning accounting system for the organization in accordance with
generally accepted accounting procedures; and that practices
nondiscrimination in the provision of assistance.
Public benefit transfer. The transfer of surplus military property
for a specified public purpose at up to a 100-percent discount in
accordance with 40 U.S.C. 471 et seq. or 49 U.S.C. 47151-47153.
Redevelopment plan. A plan that is agreed by the LRA with respect
to the installation and provides for the reuse or redevelopment of the
real property and personal property of the installation that is
available for such reuse and redevelopment as a result of the closure
of the installation.
[[Page 35347]]
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 to
substitute for property referred to in an 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 excess property not required for the needs
and the discharge of the responsibilities of all Federal Agencies.
Authority to make this determination, after screening with all Federal
Agencies, rests with the Military Departments.
Title V. Title V of the Steward 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. 176.10 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 Public Law 100-526 or Public Law 101-510 prior to October
25, 1994 and for which an LRA submitted a request for inclusion under
this part to DoD by December 24, 1994. A list of such requests was
published in the Federal Register on May 30, 1995 (60 FR 28089).
(1) For installations with Title V applications pending but not
approved before 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 spending with the Secretary of HHS on that date. These
pending requests shall be addressed in the LRA's homeless assistance
submission.
(2) For installations with Title V applications approved before
October 25, 1994 where there is an approved Title V application, but
property has not been assigned or otherwise disposed of by the Military
Department, the LRA must ensure 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 in Sec. 176.10(b)(2)(i)-(iv) of this part.
(c) Revised Title V process. All other installations approved for
closure or realignment under either Public Law 100-526 or Public Law
101-510 prior to October 25, 1994, for which there was 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. 176.15 Waivers and extensions of deadlines.
(a) After consultation with the LRA and HUD, and upon a finding
that it is in the interest of the communities affected by the closure/
realignment of the installation, DoD, through the Director of the
Office of Economic Adjustment, 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. 176.20 through 176.45 of this part in
any particular case, subject only to statutory limitations.
Sec. 176.20 Overview of the process.
(a) Recognition of the LRA. As soon as practicable after the list
of installations recommended for closure or realignment is approved,
DoD, through OEA, will recognize an LRA for the installation. Upon
recognition, OEA 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.
(b) Responsibilities of the Military Department. The Military
Department shall make installation properties available to other DoD
components and Federal agencies in accordance with the procedures set
out at 32 CFR part 175. 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 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.
(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. The local reuse planning process must begin no later than
the date of the Military Department's Federal Register publication of
available property described at Sec. 176.20(b). For those installations
that began the process described in this part prior to August 17, 1995,
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. 176.20(b), 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 number and the point of contact for the LRA who can provide
information on the prescribed form and contents of the notices of
interest. The LRA shall notify DoD of the deadline specified for
receipt of notices of interest. LRAs are strongly encouraged to make
this publication as soon as possible within the permissible 30 day
period in order to expedite the closure process.
(i) In addition, the LRA has the option to conduct an informal
solicitation of notices of interest from public and non-profit entities
interested in obtaining property via a public benefit transfer other
than a homeless assistance conveyance under either 40 U.S.C. 471 et.
seq. or 49 U.S.C. 47151-47153. As part of such a solicitation, the LRA
may wish to request that interested entities submit a description of
the proposed use to the LRA and the sponsoring Federal agency.
(ii) For all installations selected for closure or realignment
prior to 1995 that elected to proceed under Public Law
[[Page 35348]]
103-421, the LRA shall accept notices of interest for not less than 30
days.
(iii) 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 after the LRA's publication under
Sec. 176.20(c)(1).
(2) Prescribe the form and contents of notices of interest.
(i) The LRA may not release to the public any information regarding
the capacity of the representative of the homeless to carry out its
program, a description of the organization, or its financial plan for
implementing the program, 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. The identity of the representative
of the homeless may be disclosed.
(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 financial plan, the organization, and the
organizational capacity of the representative of the homeless to carry
out the program; and,
(F) An assessment of the time required to start 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) In addition to the notice required under Sec. 176.20(c)(1),
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. 176.20(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. 176.20(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, including the redevelopment plan and
homeless assistance submission, explaining how the LRA proposes to
address the needs of the homeless. 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 either 40 U.S.C. 471 et. seq., or 49 U.S.C.
47151-47153; 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. 176.20(c)(1), the LRA shall have 270 days to complete and submit
the LRA application to the appropriate Military Department and HUD. The
application requirements are described at Sec. 176.30.
(6) Make the draft application available to the public for review
and comment periodically during the process of developing the
application. The LRA must conduct at least one public hearing on the
application prior to its submission to HUD and the appropriate Military
Department. A summary of the public comments received during the
process of developing the application shall be included in the
application when it is submitted.
(d) Public benefit transfer screening. The LRA should, while
conducting its outreach efforts, work with the Federal agencies that
sponsor public benefit transfers under either 40 U.S.C. 471 et. seq. or
49 U.S.C. 47151-47153. 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. Actual
recipients of property are to be determined by sponsoring Federal
agency. The Military Departments shall notify sponsoring Federal
agencies about property that is available based on the community
redevelopment plan and keep the LRA apprised of any expressions of
interest. Such expressions of interest are not required to be
incorporated into the redevelopment plan, but must be considered.
Sec. 176.25 HUD's negotiations and consultations with the LRA.
HUD may negotiate and consult with the LRA before and during the
course of preparation of the LRA's 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. LRAs are
encouraged to contact HUD for a list of persons and organizations that
are representatives of the homeless operating in the vicinity of the
installation.
Sec. 176.30 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 political jurisdictions which comprise the
LRA.
(ii) A description of the unmet need in the continuum of care
system within each political 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
[[Page 35349]]
political jurisdictions(s) that comprise the LRA. LRAs representing:
(A) Political jurisdictions that are required to submit a
Consolidated Plan shall include a copy of their Homeless and Special
Needs Population Table (Table 1), Priority Homeless Needs Assessment
Table (Table 2), and narrative description thereof from that
Consolidated Plan, including the inventory of facilities and services
that assist the homeless in the jurisdiction.
(B) Political jurisdictions that are part of an urban county that
is required to submit a Consolidated Plan shall include a copy of their
Homeless and Special Needs Population Table (Table 1), Priority
Homeless Needs Assessment Table (Table 2), and narrative description
thereof from that Consolidated Plan, including the inventory of
facilities and services that assist the homeless in the jurisdiction.
In addition, the LRA shall explain what portion of the homeless
population and subpopulations described in the Consolidated Plan are
attributable to the political jurisdiction it represents.
(C) A political jurisdiction not described by
Sec. 176.30(b)(1)(ii)(A) or Sec. 176.30(b)(1)(ii)(B) shall submit a
narrative description of what it perceives to be the homeless
population within the jurisdiction and a brief inventory of the
facilities and services that assist homeless persons and families
within the jurisdiction. LRAs that represent these jurisdictions are
not required to conduct surveys of the homeless population.
(2) Notices of interest proposing assistance to homeless persons
and/or 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 a
portion or all of the needs of the homeless by addressing the gaps in
the continuum of care. The activities need not be limited to
expressions of interest in property, but may also include discussions
of how economic redevelopment may benefit the homeless;
(ii) A copy of each notice of interest from representatives of the
homeless for use of buildings and property and a description of the
manner in which the LRA's 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 Sec. 176.30(b)(2)(iii); 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, and
concentration of minorities and/or low income persons shall also be
discussed.
(3) Legally binding agreements for buildings, property, funding,
and/or services.
(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 in the event that an
environmental analysis conducted under Sec. 176.45(b) indicates that
any property identified for transfer in the agreement is not suitable
for the intended purpose. Where the balance determined in accordance
with Sec. 176.30(b)(4) provides for the use of installation property as
a homeless assistance facility, legally binding agreements must 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. In cases where the balance proposed by the
LRA does not include the use of buildings or property on the
installation, the legally binding agreements need not be tied to the
use of specific real property and need not include a reverter clause.
Legally binding agreements shall be accompanied by a legal opinion of
the chief legal advisor of the LRA or political jurisdiction or
jurisdictions which will be executing the legally binding agreements
that the legally binding agreements, when executed, will constitute
legal, valid, binding, and enforceable obligations on the parties
thereto;
(ii) A description of how buildings, property, funding, and/or
services 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, and fire protection, and a discussion of
infrastructure such as water, sewer, and electricity in the vicinity of
the proposed homeless activity at the installation.
(4) An assessment of the 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's 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) A description of the outreach undertaken by the LRA. The LRA
shall explain how the outreach requirements described at
Sec. 176.20(c)(1) and Sec. 176.20(c)(3) have been fulfilled. This
explanation shall include a list of the representatives of the homeless
the LRA contacted during the outreach process.
(c) Public comments. The LRA application shall include the
materials described at Sec. 176.20(c)(6). These materials shall be
prefaced with an overview of the citizen participation process observed
in preparing the application.
Sec. 176.35 HUD's review of the application.
(a) Timing. HUD shall complete a review of each application no
later than 60 days after its receipt of a completed application.
(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
application:
(1) Need. Takes into consideration the size and nature of the
homeless population in the communities in the vicinity of the
installation, the availability of existing services in such communities
to meet the needs of the homeless in such communities, and the
suitability of the buildings and property covered by the application
for use and needs of the homeless in such communities. HUD will take
into consideration the size and nature of the installation in reviewing
the needs of the homeless population in the communities in the vicinity
of the installation.
(2) Impact of notices of interest. 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
[[Page 35350]]
fire protection, and infrastructure in the community; and,
(ii) Whether the selected notices of interest are consistent with
the Consolidated Plan(s) of any other existing housing, social service,
community economic, or other development plans adopted by the political
jurisdictions in the vicinity of the installation.
(3) Legally binding agreements. Specifies the manner in which the
buildings, property, funding, and/or services on or off the
installation will be made available for homeless assistance purposes.
HUD will review each legally binding agreement to verify that:
(i) They include all the documents legally required to complete the
transactions necessary to realize the homeless use(s) described in the
application;
(ii) They include all appropriate terms and conditions;
(iii) They address the full range of contingencies including those
described at Sec. 176.30(b)(3)(i);
(iv) They stipulate that the buildings, property, funding, and/or
services will be made available to the representatives of the homeless
in a timely fashion; and,
(v) They are accompanied by a legal opinion of the chief legal
advisor of the LRA or political jurisdiction or jurisdictions which
will be executing the legally binding agreements that the legally
binding agreements will, when executed, constitute legal, valid,
binding, and enforceable obligations on the parties thereto.
(4) Balance. Balances in an appropriate manner a portion or all of
the needs of the communities in the vicinity or the installation for
economic redevelopment and other development with the needs of the
homeless in such communities.
(5) 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 and whether the
outreach requirements described at Sec. 176.20(c)(1) and
Sec. 176.20(c)(3) have been fulfilled by the LRA.
(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. 176.15(a), send written notification both to
DoD and the LRA of its preliminary determination that the application
meets or fails to meet the requirements of Sec. 176.35(b). If the
application fails to meet the requirements, HUD will send the LRA:
(i) A summary of the deficiencies in the application;
(ii) An explanation of the determination; and,
(iii) A statement of how the LRA must address the determinations.
(2) In the event that no application is submitted and no extension
is requested as of the deadline specified in Sec. 176.20(c)(5), and the
State does not accept within 30 days 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. 176.40.
(d) Opportunity to cure. (1) The LRA shall have 90 days from its
receipt of the notice of preliminary determination under
Sec. 176.35(c)(1) within which to submit to HUD and DoD a revised
application which addresses the determinations listed in the notice.
Failure to submit a revised application shall result in a final
determination, effective 90 days from the LRA's receipt of the
preliminary determination, that the redevelopment plan fails to meet
the requirements of Sec. 176.35(b).
(2) HUD shall, within 30 days of its receipt of the LRA's
resubmission send written notification of its final determination of
whether the application meets the requirements of Sec. 176.35(b) to
both DOD and the LRA.
Sec. 176.40 Adverse determinations.
(a) Review and consultation. If the resubmission fails to meet the
requirements of Sec. 176.35(b) or if no resubmission is received, HUD
will review the original application, including the notices of interest
submitted by representatives of the homeless. In addition, in such
instances or when no original application has been submitted, HUD:
(1) Shall consult with the representatives of the homeless, if any,
for purposes of evaluation the continuing interest of such
representatives in the use of buildings or property at the installation
to assist the homeless;
(2) May consult with the applicable Military Department regarding
the suitability of the buildings and property at the installation for
use to assist the homeless; and,
(3) May consult with representatives of the homeless and other
parties as necessary.
(b) Notice of decision. (1) Within 90 days of receipt of an LRA's
revised application which HUD determines does not meet the requirements
of Sec. 176.35(b), HUD shall, based upon its reviews and consultations
under Sec. 176.40(a):
(i) Notify DoD and the LRA of the buildings and property at the
installation that HUD determines are suitable for use to assist the
homeless, and;
(ii) Notify DoD and the LRA of the extent to which the revised
redevelopment plan meets the criteria set forth in Sec. 176.35(b).
(2) In the event that an LRA does not submit a revised
redevelopment plan under Sec. 176.35(d), HUD shall, based upon its
reviews and consultations under Sec. 176.40(a), notify DoD and the LRA
of the buildings and property at the installation that HUD determines
are suitable for use to assist the homeless, either
(i) Within 190 days after HUD sends its notice of preliminary
adverse determination under Sec. 176.35(c)(1), if an LRA has not
submitted a revised redevelopment plan; or
(ii) Within 390 days after the Military Department's Federal
Register publication of available property under Sec. 176.20(b), if no
redevelopment plan has been received and no extension has been
approved.
Sec. 176.45 Disposal of buildings and property.
(a) Puglic benefit transfer screening. Not later than the LRA's
submission of its redevelopment plan to DoD and HUD, the Military
Development 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 at
any time after the publication of available property described at
Sec. 176.20(b).
(b) Environmental analysis. Prior to disposal of any real property,
the Military Department shall, consistent with NEPA and section 2905 of
the Defense Base Closure and Realignment Act of 1990, as amended (10
U.S.C. 2687 note), complete an environmental impact analysis of all
reasonable disposal alternatives. The Military Department shall consult
with the LRA throughout the environmental impact analysis process to
ensure both that the LRA is provided the most current environmental
information available concerning the installation, and that the
Military Department receives the most current information available
[[Page 35351]]
concerning the LRA's redevelopment plans for the installation.
(c) Disposal. Upon receipt of a notice of approval of an
application from HUD under Sec. 176.35(c)(1) or Sec. 176.35(d)(2), DoD
shall dispose of buildings and property in accordance with the record
of decision or other decision document prepared under Sec. 176.45(b).
Disposal of buildings and property to be used as homeless assistance
facilities shall be to either the LRA or directly to the
representative(s) of the homeless and shall be without consideration.
Upon receipt of a notice from HUD under Sec. 176.40(b), DoD will
dispose of the buildings and property at the installation in
consultation with HUD and the LRA.
(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.
Dated: June 25, 1997.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 97-17097 Filed 6-30-97; 8:45 am]
BILLING CODE 5000-04-M