[Federal Register Volume 62, Number 143 (Friday, July 25, 1997)]
[Notices]
[Pages 40055-40061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19614]


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DEPARTMENT OF DEFENSE

Department of the Navy


Record of Decision for the Disposal and Reuse of Naval 
Construction Battalion Center Davisville, North Kingstown, Rhode Island

SUMMARY: The Department of the Navy (Navy) pursuant to section 
102(2)(C) of the National Environmental Policy Act of 1969 (NEPA), 42 
U.S.C. 4332(2)(C), and the regulations of the Council on Environmental 
Quality that implement NEPA procedures, 40 CFR parts 1500-1508, hereby 
announces its decision to dispose of Naval Construction Battalion 
Center Davisville (CBC Davisville), North Kingstown, Rhode Island.
    Navy intends to dispose of the property in a manner that is 
consistent with the Preferred Development Plan that was set forth in 
the Comprehensive Reuse Plan prepared by the Davisville Naval 
Construction Battalion Center Base Reuse Committee (BRC), a committee 
appointed by the Governor of Rhode Island to formulate a redevelopment 
plan for CBC Davisville. The Preferred Development Plan was adopted by 
the State of Rhode Island and Providence Plantations and the Town of 
North Kingstown.
    The Preferred Development Plan, described in the Reuse Plan as 
Alternative Reuse Scenario 4, is identified in the Final Environmental 
Impact Statement (FEIS) as the Preferred Alternative. This Plan 
proposes a mixed

[[Page 40056]]

land use approach that would use about half of the Base for commercial 
and industrial activities and reserve the remaining property for 
recreational activities and open space.
    In deciding to dispose of CBC Davisville in a manner that is 
consistent with the Preferred Development Plan, Navy has determined 
that a mixed land use will meet the goals of local economic 
redevelopment and creation of new jobs, while limiting adverse 
environmental impacts and ensuring land uses that are compatible with 
adjacent property. This Record Of Decision does not mandate a specific 
mix of land uses. Rather, it leaves selection of the particular means 
to achieve the proposed redevelopment to the acquiring entity and the 
local zoning authority.

Background

    The 1991 Defense Base Closure and Realignment Commission 
recommended closure of Naval Construction Battalion Center Davisville. 
This recommendation was approved by President Bush and accepted by the 
One Hundred Second Congress in 1991. Operations at CBC Davisville 
ceased on April 1, 1994, and the property has been in caretaker status 
since that date.
    The Base is located within the corporate limits of the Town of 
North Kingstown, about 18 miles south of the City of Providence. The 
909-acre property consists of two parcels, the Main Site comprising 
about 839 acres and the West Davisville property comprising 70 acres 
(also referred to as the West Davisville Storage District) located 
about one mile from the Main Site.
    The 839-acre Main Site is divided into six areas: the 
Administrative Triangle, the Warehouse Area, the Construction Equipment 
Department (CED) Area, the Davisville Pier Support Area, the Allen 
Harbor Landfill, and Calf Pasture Point. The 70-acre West Davisville 
property contains four warehouses.
    When CBC Davisville was initially slated for closure, the Base had 
a third component known as Camp Fogarty that was located four miles 
west of the Main Site in the Town of East Greenwich. This 374-acre site 
contains classrooms, storage facilities, an armory, combat training 
areas, and rifle and pistol ranges. On January 26, 1993, Navy 
transferred this property to the Department of the Army for use by the 
Rhode Island National Guard. Thus, Navy did not consider the Camp 
Fogarty property in this NEPA process.
    Navy published a notice of intent in the Federal Register on 
September 10, 1993, announcing that Navy would prepare an Environmental 
Impact Statement (EIS) to analyze the impacts of disposal and reuse of 
the land, buildings and infrastructure at CBC Davisville. A thirty-day 
public scoping period was established, and Navy held a public scoping 
meeting on September 28, 1993, at North Kingstown High School.
    On February 25, 1994, Navy distributed a Draft Environmental Impact 
Statement (DEIS) to Federal, State and local agencies, interested 
parties and the general public. Navy held a public hearing at North 
Kingstown High School on March 29, 1994. During the forty-five day 
review period after publication of the DEIS, Federal agencies, Rhode 
Island State agencies, local government agencies and the general public 
submitted written comments.
    These comments and Navy's responses were incorporated in the FEIS, 
which was distributed to the public on March 3, 1995, for a thirty-day 
review period that concluded on April 2, 1995. Navy received comments 
on the FEIS from the United States Environmental Protection Agency, the 
Rhode Island Economic Development Corporation, the Rhode Island 
Department of Environmental Management, the Rhode Island Department of 
Transportation, and the Rhode Island Historical Preservation and 
Heritage Commission.

Alternatives

    NEPA requires Navy to evaluate a reasonable range of alternatives 
for the disposal and reuse of this Federal property. In the NEPA 
process, Navy analyzed the environmental impacts of four ``action'' 
alternatives and a ``No action'' alternative. The ``No action'' 
alternative would leave the property in a caretaker status with Navy 
maintaining the physical condition of the property, providing a 
security force, and making repairs essential to safety.
    As the basis for its analysis of the ``action'' alternatives, Navy 
relied upon the reuse and redevelopment alternatives developed by the 
BRC when planning future uses of the closed facilities. The BRC 
analyzed various redevelopment scenarios and land uses, prepared a 
Comprehensive Reuse Plan, and selected the Preferred Development Plan. 
The State of Rhode Island and Providence Plantations adopted the 
Preferred Development Plan and presented it to the Department of the 
Navy on January 11, 1994.
    The Preferred Alternative, designated in the FEIS as Alternative 
Reuse Scenario 4, is the Preferred Development Plan that was set forth 
in the Comprehensive Reuse Plan. This alternative proposes a mix of 
commercial and industrial facilities, institutional and office spaces, 
a dredge material disposal area, an expanded marina, a conference 
center, a park, and open space.
    At the Main Site, the Administrative Triangle would be used for 
offices, educational facilities, and open space. The Warehouse Area 
would contain an industrial park and a medical facility. The CED Area 
is located in the designated safety zone for the runway of the adjacent 
Quonset Airport. This area would have light industrial and 
administrative facilities, and development would be limited as a result 
of the overlying safety zone. Part of this area would be used to 
dispose of dredge material generated by dredging operations at the 
adjacent Davisville piers. Another part of this area would be used to 
expand the existing marina at Allen Harbor.
    The Davisville Pier Support Area would contain waterfront 
industrial activities, a conference center, and residential facilities. 
The Allen Harbor Landfill would be used as open space. Calf Pasture 
Point would be used as a park and public beach. The West Davisville 
area warehouses would be used for storage and light industrial 
activities.
    In the NEPA process, Navy considered a second ``action'' 
alternative, described in the FEIS as Alternative Reuse Scenario 1, 
which also proposed a mixed use redevelopment. The Administrative 
Triangle would contain offices, educational facilities, and open space. 
The Warehouse Area would consist of an industrial park and a medical 
facility. As in the first ``action'' alternative, the CED Area, located 
in the designated safety zone for the Quonset Airport runway, would 
contain open storage and industrial facilities, a dredge material 
disposal area, and a marina. Development here would be similarly 
limited as a result of the overlying safety zone.
    The Davisville Pier Support Area would be used as a staging and 
storage area for pier activities, for light industrial facilities, and 
for a conference center. The Allen Harbor Landfill and Calf Pasture 
Point would be used for passive recreational and conservation 
activities. The West Davisville property would be used as storage 
facilities and for future industrial development.
    A third ``action'' alternative, described in the FEIS as 
Alternative Reuse Scenario 2, proposed another mixed use redevelopment. 
The Administrative Triangle would be used

[[Page 40057]]

for offices, educational facilities, and open space. The Warehouse Area 
would contain an industrial park and a medical facility. The CED Area 
would be used for recreational activity and a town public works 
facility. The Davisville Pier Support Area would be used as a staging 
and storage area for pier activities and as a support area for fishing 
and aquacultural businesses. The Allen Harbor Landfill and Calf Pasture 
Point would be used for passive recreational activity and military 
training exercises. The West Davisville property's warehouses would be 
used for storage and light industrial activities.
    The final alternative, described in the FEIS as Alternative Reuse 
Scenario 3, proposed a mixed use similar to that set forth in the 
Preferred Development Plan. The Administrative Triangle would be used 
for offices, educational facilities, and open space. The Warehouse Area 
would consist of an industrial park and a medical facility. The CED 
Area would be developed as a recreational theme park. The Davisville 
Pier Support Area would be used as a staging and storage area for pier 
activities, light industrial facilities, and a residential 
neighborhood. The Allen Harbor Landfill and Calf Pasture Point would be 
used for active recreational activity related to the theme park. The 
West Davisville property would be used for storage and light industrial 
activities.

Environmental Impacts

    Navy analyzed the potential impacts of the four ``action'' 
alternatives and the ``No action'' alternative for their effects on 
adjacent land use, aesthetics, terrestrial and aquatic habitats, 
wetlands and floodplains, water quality, topography and soils, air 
quality, noise, transportation, socieconomics, infrastructure and 
utilities, community services, cultural resources, and planned 
environmental remediation. This Record of Decision focuses on the 
impacts that would likely result from implementing the Preferred 
Development Plan set forth in the Comprehensive Reuse Plan proposed by 
the State.
    Implementation of the Preferred Development Plan would not result 
in significant impacts on adjacent land use, because this proposal is 
generally compatible with surrounding land uses. Minor potential land 
use impacts could result, however, along the northern edge of CBC 
Davisville where administrative and light industrial activities would 
be located near existing residences. Thus, the Preferred Development 
Plan provides for a 75-foot wide landscaped area along the northern 
boundary of the Administrative Triangle and the CED Area to provide a 
buffer between these incompatible land uses.
    The Preferred Development Plan would not result in significant 
adverse impacts on aesthetics. The acquiring entity would be 
responsible for site improvements, including new streets, lighting, and 
landscaping as described in the Plan. When implemented, these 
improvements will enhance the aesthetic quality of the CBC Davisville 
property.
    Implementation of the Preferred Development Plan would not result 
in significant impacts on terrestrial and aquatic habitats. Indeed, it 
would cause negligible impacts on most property at the Base and only 
moderate impacts on those areas where intense uses of the land will 
occur. For example, the increased activity and noise associated with 
active recreational use of Calf Pasture Point will disturb the 
terrestrial habitat there. Similarly, in the CED Area, existing 
vegetation would be removed as a result of the dredge material disposal 
operation. Additionally, the aquatic habitat in the CED Area would be 
affected by expansion of the Allen Harbor marina.
    There would be no significant impacts on species listed on the 
Federal Threatened or Endangered Species List, because none have been 
reported present at CBC Davisville. However, transient bald eagles and 
peregrine falcons could visit the property during their migration 
periods. The United States Fish and Wildlife Service has informed Navy 
that the proposed redevelopment would not cause any adverse effects on 
these species.
    Two hundred eighty-seven acres of property at CBC Davisvillle are 
located in the 100-year floodplain. Forty-six of those acres have been 
proposed for redevelopment, and the rest will remain undeveloped. Any 
building constructed within that floodplain must comply with the 
structural design provisions of the National Flood Insurance 
Regulations, 23 CFR 650.115. Under the Preferred Development Plan, 
about seventy acres of wetlands on the Base will be protected from 
future development.
    The Preferred Development Plan would not likely cause any 
significant impacts on water quality. Any redevelopment near streams, 
wetlands, and shorelines must, of course, comply with the development 
policies of Rhode Island's Coastal Resources Management Program. 
Coastal Resources Management Council Regulations 04 000 010, Part 
Three.
    There would not likely be any significant increase in uncontrolled 
stormwater runoff into streams, because the acquiring entity must 
implement the stormwater management practices that are prescribed by 
Rhode Island's Water Quality Regulations. RIDEM WQM 04 000 010 Section 
300. Any activities that may affect water quality, i.e., by 
sedimentation and erosion, must first be reviewed under the State's 
water quality certification program. Rhode Island Water Quality 
Regulations, RIDEM DWR 12 190 001 Rules 1-22. A Rhode Island Pollution 
Discharge Elimination System permit will be required for any 
development project that is five acres or larger. Regulations for Rhode 
Island Pollutant Discharge Elimination System, RIDEM DWR 12 190 003 
Rules 1-60.
    The proposed expansion of the Allen Harbor marina at the CED Area 
is incompatible with the existing water quality classification and 
would not likely be approved by the State. See Rhode Island Water 
Quality Classification Descriptions, RIDEM DWR 190 001 Appendix A, and 
Rhode Island Water Criteria for Classifications of Waters of the State, 
RIDEM DWR 14 180 001. Thus, to implement the Preferred Development 
Plan, the acquiring entity must obtain a change in the water quality 
classification from Rhode Island's Department of Environmental 
Management.
    The Preferred Development Plan proposes to build a dredge material 
disposal facility in the CED Area adjacent to Allen Harbor. This 
facility would incorporate runoff interceptors, e.g., engineered dikes 
and staked hay bales, to protect the adjacent wetlands and Allen Harbor 
from silt-laden runoff. The acquiring entity will be responsible for 
obtaining applicable environmental permits and approvals for this 
project as required by Rhode Island's Coastal Resources Management 
Program. Coastal Resources Management Council Regulations 04 000 100, 
Parts Two and Three.
    Implementation of the Preferred Development Plan would not 
significantly affect the topography or soils at CBC Davisville, because 
90 percent of the land is flat and already disturbed from previous 
development.
    Redevelopment of the Base under the Preferred Development Plan 
would affect local ambient air quality. The extent to which the air 
quality would be affected will be determined by the nature and extent 
of stationary sources that are developed on the property and the amount 
of mobile source emissions. Industrial activities with air contaminant 
sources will be required to obtain the necessary approvals and permits 
from Rhode Island's Department of Environmental Management before they 
may operate on the property. Air

[[Page 40058]]

Pollution Control Regulations, RIDEM DAW 12 031 009, Regulation No. 9.
    With respect to mobile sources, ambient air quality in the vicinity 
of CBC Davisville will be affected by motor vehicle traffic associated 
with businesses that locate on the property. However, due to the 
relatively small increase in the number of vehicles (about 4,700) 
associated with redevelopment over a 20-year period, the increase in 
regional ozone attributable to the redevelopment would be negligible.
    As a result of implementing the Preferred Development Plan, traffic 
levels at the intersections of Route 1 and Roger Williams Way, Route 1 
and Newcomb Road, Davisville Road and Roger Williams Way, and Devil's 
Foot Road and Namcook Road may produce emissions that exceed the one-
hour National Ambient Air Quality Standard for carbon monoxide. 40 CFR 
50.8. However, these potential impacts would be mitigated by the 
construction of a planned, new access route that would link Route 4 
with the Quonset Point/Davisville area.
    Implementation of the Preferred Development Plan would not result 
in significant long term impacts on the ambient noise environment. The 
construction of a 75-foot wide landscaped area along the northern 
boundary of the Administrative Triangle and CED Area will mitigate 
potential noise impacts on the nearby residential area arising out of 
industrial activity. While another residential area borders Calf 
Pasture Point, that property would not be redeveloped under the 
Preferred Development Plan.
    There would not be any significant impacts on transportation 
arising out of implementation of the Preferred Development Plan. The 
plan would redevelop CBC Davisville to provide office and institutional 
space, warehouses, industrial facilities, and pier support facilities. 
These activities would increase automotive, truck, rail, and marine 
traffic over current levels at the Base. Although the existing rail 
system on the Base is sufficient to accommodate these reuse proposals, 
it will be necessary to improve the port facilities to accommodate the 
projected increase in marine traffic. The port improvements described 
in the Preferred Development Plan would be adequate to support those 
increases.
    Access to and from the regional transportation routes, including 
Route 4, Route 1, and Interstate Highway 95, currently involves delays 
at the intersections of Davisville Road and Roger Williams Way and 
Devil's Foot Road and Namcook Road. In order to mitigate existing and 
future transportation problems at these intersections, a new access 
route linking Route 4 with the Quonset Point/Davisville area will be 
built by the Rhode Island Department of Transportation.
    Implementation of the Preferred Development Plan would not result 
in any significant adverse socioeconomic impacts on the local 
community. Indeed, the Preferred Development Plan would create about 
4,700 new jobs. While the plan may cause a modest increase in local 
population, it is likely that many unemployed and underemployed 
residents will assume the new jobs. In any case, the redevelopment 
would occur gradually over a 20-year period that will minimize growth 
problems in both the town and the county.
    The Preferred Development Plan would have various impacts on the 
community's infrastructure and utilities. The wastewater treatment 
plant has a capacity to treat 2.6 million gallons per day (mgd). The 
redevelopment of CBC Davisville, by itself, would not likely produce 
wastewater treatment requirements that exceed this capacity. In concert 
with other development in the area, however, redevelopment of the base 
would contribute to an eventual need to expand the treatment plant. 
Thus, the Rhode Island Economic Development Corporation will expand the 
plant as wastewater treatment demands warrant such improvements.
    Similarly, the estimated future demand for potable water by the 
Quonset Point/Davisville Industrial Park (which will include the 
redeveloped CBC Davisville property) will increase by 2.1 mgd. In turn, 
this will increase daily withdrawal from the Hunt River aquifer to 
approximately 4.7 mgd. This is only 60 percent of the amount of water 
that can safely be withdrawn from the aquifer on a daily basis. 
However, when considered in light of the long range projections for 
future regional development, the redevelopment of CBC Davisville will 
contribute to a potentially unsafe trend in water consumption by users 
of the Hunt River aquifer. Thus, coordination among public water 
suppliers that draw on the Hunt River aquifer will be necessary to 
ensure that water withdrawals do not exceed the aquifer's safe daily 
yield.
    Other utilities such as electricity and natural gas distribution 
systems must be expanded and upgraded to meet the energy demands that 
will likely be generated by the Preferred Development Plan. Thus, 
Narragansett Electric Company is renovating the electrical system at 
CBC Davisville. The acquiring entity will be responsible for providing 
natural gas service.
    Implementation of the Preferred Development Plan would not have any 
significant impacts on community services in the Town of North 
Kingstown. It is likely that an additional 335 children will enter the 
local schools over a 20-year period, but this impact will be offset by 
additional property tax revenues generated from reuse of the Base.
    Because the estimated population growth resulting from 
implementation of the Preferred Development Plan would occur over a 20-
year period, there would not be any significant impacts on local 
community services, including emergency and medical services. The North 
Kingstown Fire Department currently provides service to the Base. While 
redevelopment of the property may increase the number of incidents to 
which the Fire Department must respond, the Department has adequate 
firefighting capability based on national standards.
    Implementation of the Preferred Development Plan will add about 290 
acres of land for use as parkland, active and passive recreational 
activities, and open space.
    Implementaton of the Preferred Development Plan would not result in 
any significant adverse effects on historic or archeological sites at 
CBC Davisville. There are five sites on the Base that are either listed 
or eligible for listing on the National Register of Historic Places: 
Camp Endicott, the Allen-Madison House, five acres surrounding the 
Allen-Madison House, an archaeological site on Calf Pasture Point, and 
an archaeological site at the eastern end of the CED Area.
    Navy and the Rhode Island Historical Preservation and Heritage 
Commission, as the designated Rhode Island State Historic Preservation 
Officer (SHPO), executed a Memorandum of Agreement (MOA) on June 2, 
1997, concerning Camp Endicott. This MOA addressed the demolition of 
seventeen badly deteriorated Quonset Huts after recordation of the 
structures.
    The Allen-Madison House, the five acres surrounding the house, and 
the archeological site on Calf Pasture Point, while not the subject of 
an MOA between Navy and the SHPO, are addressed in a preservation 
agreement between the SHPO and the Rhode Island Economic Development 
Corporation that was executed on March 18, 1997. The redevelopment of 
CBC Davisville as proposed in the Preferred Development Plan would be 
consistent with that preservation agreement and, thus, would not 
adversely affect these historic

[[Page 40059]]

and archeological sites. The SHPO, in a letter to Navy dated March 21, 
1997, and the Advisory Council on Historic Preservation (ACHP), in a 
letter to Navy dated June 2, 1997, concurred with Navy's determination 
that the Plan would not have an adverse impact on these historic 
resources.
    The fifth site eligible for listing on the National Register of 
Historic Places is an archeological site located in that part of the 
CED Area that was designated for waterfront commercial redevelopment. 
On April 14, 1997, the SHPO and the Town of North Kingstown executed a 
preservation agreement that covers this site. Based on this agreement, 
Navy determined that the Plan would not have an adverse impact on the 
archeological site. The ACHP concurred with this determination in a 
letter to Navy dated June 2, 1997.
    Implementation of the Preferred Development Plan would not result 
in any significant impacts on existing environmental contamination at 
the Base. Pursuant to the Federal Facilities Interagency Agreement 
among Navy, the United States Environmental Protection Agency (EPA), 
and the Rhode Island Department of Environmental Management, Navy will 
ensure that environmental contamination associated with past activities 
at CBC Davisville is remediated as appropriate. While the cleanup of 
these contaminated areas may delay or complicate some redevelopment, 
e.g., in the Warehouse Area, these delays should not be significant in 
light of the 20-year implementation period for the Plan.

Mitigation

    Implementation of Navy's decision to dispose of CBC Davisville does 
not require Navy to perform any mitigation measures beyond those 
already accomplished, i.e., the recordation of Camp Endicott. The FEIS 
identified and discussed those actions that would be necessary to 
mitigate the impacts associated with reuse and redevelopment of the 
Base. The acquiring entity, under the direction of Federal, State and 
local agencies with regulatory authority over protected resources, will 
be responsible for implementing mitigation measures. The implementation 
of mitigation measures concerning the historic and archeological 
property will be governed by the preservation agreements.

Comments Received on the FEIS

    Navy received comments on the FEIS from the United States 
Environmental Protection Agency and four State agencies: The Rhode 
Island Economic Development Corporation (RIEDC), the Rhode Island 
Department of Environmental Management, the Rhode Island Department of 
Transportation, and the Rhode Island Historical Preservation and 
Heritage Commission.
    The EPA asked that Navy consider deed restrictions to protect 
wetlands and historic and archeological sites. While deed restrictions 
may be used for such sites, Navy has determined that such measures are 
not necessary here. After discussions with State agencies and RIEDC, 
Navy concluded that section 404 of the Clean Water Act, 33 U.S.C. 1344, 
and Rhode Island's Wetlands Protection Regulations, RIDEM DGFW 12 000 
001, provide stringent protection for wetlands that will adequately 
ensure protection and preservation of the wetlands at CBC Davisville.
    Similarly, it is not necessary to incorporate restrictive covenants 
in the deed to ensure the protection of historic and archeological 
sites. The National Historic Preservation Act, 16 U.S.C. 470 et seq., 
the Archeological Resources Protection Act, 16 U.S.C. 470aa et seq., 
the Memorandum of Agreement executed by Navy, the Advisory Council on 
Historic Preservation, and the Rhode Island Historical Preservation and 
Heritage Commission (dated June 2, 1997), and the preservation 
agreements executed by the Rhode Island Historical Preservation and 
Heritage Commission with RIEDC (dated March 18, 1997) and with the Town 
of North Kingstown (dated April 14, 1997) will ensure that these 
resources are appropriately protected, preserved or recorded.
    The EPA also commented that a more quantitative analysis of the air 
quality impacts associated with projected traffic at specific 
intersections was warranted. The FEIS analyzed traffic volumes 
associated with the redevelopment of CBC Davisville. The additional 
volume of traffic projected over the 20-year development period is very 
small. Consequently, increases in ozone associated with that traffic 
would likely be negligible. While the potential exists to have carbon 
monoxide hot spots at certain intersections, the traffic volume at any 
particular intersection will depend upon the nature, extent and timing 
of activities that occur as a result of redevelopment of the Base. 
Additional traffic studies would be speculative, because the planned 
roadway projects will change existing traffic patterns.
    The EPA also expressed concern about the increased demands on the 
Hunt River aquifer. Navy agrees with EPA that the acquiring entity must 
work with Federal, State and local regulatory authorities to ensure 
that adequate water supplies are available to satisfy the demands 
caused by the redevelopment of CBC Davisville and other regional 
development. The FEIS identified the need for development of best 
management and pollution prevention plans as well as the need to ensure 
participation of regional water suppliers in that planning process.
    The Rhode Island Economic Development Corporation commented that 
Navy did not consider the economic impact on the State, region and town 
caused by redeveloping a Base where the majority of buildings and 
structures were old. Navy has demolished seventy structures on the 
Base. The remaining buildings are structurally sound.
    The Rhode Island Department of Environmental Management expressed 
concern that the FEIS did not specifically identify any restrictions on 
the use of CBC Davisville property arising out of existing 
contamination and the level of remediation to be undertaken at specific 
sites. Site characterization and remediation are currently underway, 
and Navy will remediate the property to a level that is appropriate for 
the projected land use. When appropriate, deed restrictions will be 
used to ensure that subsequent land use is consistent with the level of 
remediation completed.
    The Rhode Island Department of Environmental Management also 
requested a more detailed analysis of impacts associated with 
stormwater discharges at full build-out of the reuse plan. Navy 
analyzed stormwater discharges and the potential for contaminating 
bodies of water that receive them in general terms in the FEIS. A more 
detailed analysis of the amount and character of such discharges is not 
feasible at this time. Until specific site plans are developed, the 
amount of impervious surface and the rate of runoff cannot be 
determined.
    When proposals for specific activities are developed, Rhode 
Island's Coastal Management Program regulations will require that the 
acquiring entity submit stormwater management plans in sufficient 
detail to allow an assessment of probable impact. These State 
regulations are intended to ensure that the manner in which future 
siting and construction occurs will not result in adverse impacts on 
water quality.
    Rhode Island's Department of Environmental Management also 
requested a more detailed analysis of air emissions from mobile 
sources. As with impacts from stormwater, it is not feasible to further 
analyze air emissions from mobile sources until the nature and siting 
of particular activities are known. In neither case would further

[[Page 40060]]

analysis materially enhance that already set forth in the FEIS.
    The Rhode Island Department of Transportation advised Navy that it 
would not include an analysis of traffic associated with the 
redevelopment of CBC Davisville in a regional traffic study that it was 
conducting. The Department believed that it would be speculative to 
project the traffic patterns associated with the redevelopment of CBC 
Davisville. For the same reason, Navy concluded that studying traffic 
patterns at this time, without knowing the nature and timing of future 
development, would not be feasible and would have little value.
    The Rhode Island Historical Preservation and Heritage Commission 
agreed with the findings in the FEIS concerning cultural resources and 
asked Navy to incorporate restrictive covenants in deeds that convey 
historic property. Navy determined that the preservation agreements 
later entered into by the Rhode Island Historical Preservation and 
Heritage Commission with RIEDC and with the Town of North Kingstown 
would ensure adequate protection, preservation, or recordation of 
historic properties and that deed restrictions were unnecessary. In a 
letter to Navy dated March 21, 1997, the Rhode Island Historical 
Preservation and Heritage Commission concurred that use of the 
preservation agreements would not cause any adverse effect on historic 
properties.

Regulations Governing the Disposal Decision

    Since the proposed action contemplates a disposal action under the 
Defense Base Closure and Realignment Act of 1990 (DBCRA), Public Law 
101-510, 10 U.S.C. 2687 note, Navy's decision was based on the 
environmental analysis in the FEIS and application of the standards set 
forth in DBCRA, the Federal Property Management Regulations (FPMR), 41 
CFR part 101-47, and the Department of Defense Rule on Revitalizing 
Base Closure Communities and Community Assistance (DoD Rule), 32 CFR 
parts 90 and 91.
    Section 101-47.303-1 of the FPMR requires that the disposal of 
Federal property benefit the Federal government and constitute the 
``highest and best use'' of the property. Section 101-47.4909 of the 
FPMR defines the ``highest and best use'' as that use to which a 
property can be put that produces the highest monetary return from the 
property, promotes its maximum value, or serves a public or 
institutional purpose. The ``highest and best use'' determination must 
be based upon the property's economic potential, qualitative values 
inherent in the property, and utilization factors affecting land use 
such as zoning, physical characteristics, other private and public uses 
in the vicinity, neighboring improvements, utility services, access, 
roads, location, and environmental and historical considerations.
    After Federal property has been conveyed to non-Federal entities, 
the property is subject to local land use regulations, including zoning 
and subdivision regulations, and building codes. Unless expressly 
authorized by statute, the disposing Federal agency cannot restrict the 
future use of surplus Government property. As a result, the local 
community exercises substantial control over future use of the 
property. For this reason, local land use plans and zoning affect 
determination of the highest and best use of surplus Government 
property.
    The DBCRA directed the Administrator of the General Services 
Administration (GSA) to delegate to the Secretary of Defense authority 
to transfer and dispose of base closure property. Section 2905(b) of 
DBCRA directs the Secretary of Defense to exercise this authority in 
accordance with GSA's property disposal regulations, set forth at 
Secs. 101-47.1 through 101-47.8 of the FPMR. By letter dated December 
20, 1991, the Secretary of Defense delegated the authority to transfer 
and dispose of base closure property closed under DBCRA to the 
Secretaries of the Military Departments. Under this delegation of 
authority, the Secretary of the Navy must follow FPMR procedures for 
screening and disposing of real property when implementing base 
closures. Only where Congress has expressly provided additional 
authority for disposing of base closure property, e.g., the economic 
development conveyance authority established in 1993 by section 
2905(b)(4) of DBCRA, may Navy apply disposal procedures other than the 
FPMR's prescriptions.
    In section 2901 of the National Defense Authorization Act for 
Fiscal Year 1994, Public Law 103-160, Congress recognized the economic 
hardship occasioned by base closures, the Federal interest in 
facilitating economic recovery of base closure communities, and the 
need to identify and implement reuse and redevelopment of property at 
closing installations. In section 2903(c) of Public Law 103-160, 
Congress directed the Military Departments to consider each base 
closure community's economic needs and priorities in the property 
disposal process. Under section 2905(b)(2)(E) of DBCRA, Navy must 
consult with local communities before it disposes of base closure 
property and must consider local plans developed for reuse and 
redevelopment of the surplus Federal property.
    The Department of Defense's goal, as set forth in Sec. 90.4 of the 
DoD Rule, is to help base closure communities achieve rapid economic 
recovery through expeditious reuse and redevelopment of the assets at 
closing bases, taking into consideration local market conditions and 
locally developed reuse plans. Thus, the Department has adopted a 
consultative approach with each community to ensure that property 
disposal decisions consider the Local Redevelopment Authority's reuse 
plan and encourage job creation. As a part of this cooperative 
approach, the base closure community's interests, e.g, reflected in its 
zoning for the area, play a significant role in determining the range 
of alternatives considered in the environmental analysis for property 
disposal. Furthermore, Sec. 91.7(d)(3) of the DoD Rule provides that 
the Local Redevelopment Authority's plan generally will be used as the 
basis for the proposed disposal action.
    The Federal Property and Administrative Services Act of 1949, 40 
U.S.C. 484, as implemented by the FPMR, identifies several mechanisms 
for disposing of surplus base closure property: By public benefit 
conveyance (FPMR Sec. 101-47.303-2); by negotiated sale (FPMR Sec. 101-
47.304-8); and by competitive sale (FPMR 101-47.304-7). Additionally in 
section 2905(b)(4), the DBCRA established economic development 
conveyances as a means of disposing of surplus base closure property.
    The selection of any particular method of conveyance merely 
implements the Federal agency's decision to dispose of the property. 
Decisions concerning whether to undertake a public benefit conveyance 
or an economic development conveyance, or to sell property by 
negotiation or by competitive bid are committed by law to agency 
discretion. Selecting a method of disposal implicates a broad range of 
factors and rests solely within the Secretary of the Navy's discretion.

Conclusion

    The Preferred Development Plan adopted by the State of Rhode Island 
and Providence Plantations is consistent with the prescriptions of the 
FPMR and Sec. 90.4 of the DoD rule. The State has determined that this 
property should have several uses including

[[Page 40061]]

administrative, educational, commercial, light industrial, general 
industrial, waterfront industrial, waterfront commercial, dredge 
material disposal, parks and open space, conservation, buffer and 
greenbelt areas, and highway access areas.
    The Preferred Development Plan responds to local and regional 
economic conditions, promotes economic recovery from the impact of CBC 
Davisville's closure, and is consistent with President Clinton's Five-
Part Plan for revitalizing base closure communities, which emphasizes 
local economic redevelopment of the closing military facility and 
creation of new jobs as the means to revitalize these communities. 32 
CFR parts 90 and 91, 59 FR 16, 123 (1994). Any resultant environmental 
impacts can be mitigated by the acquiring entity under the direction of 
Federal, State, and local regulatory requirements.
    Although the ``No action'' alternative has less potential for 
causing adverse environmental impacts, this alternative would not 
foster local economic redevelopment of the CBC Davisville property and 
would not create new jobs. Additionally, it would not take advantage of 
the property's location, physical characteristics, and infrastructure 
or the current uses of adjacent property. Finally, it is not compatible 
with the State's Comprehensive Reuse Plan.
    Accordingly, Navy will dispose of Naval Construction Battalion 
Center Davisville in a manner that is consistent with the State of 
Rhode Island and Providence Plantations' Preferred Development Plan for 
the property.

    Dated: July 16, 1997.
William J. Cassidy, Jr.,
Deputy Assistant Secretary of the Navy (Conversion and Redevelopment).
[FR Doc. 97-19614 Filed 7-24-97; 8:45 am]
BILLING CODE 3810-FF-M