[Federal Register Volume 64, Number 211 (Tuesday, November 2, 1999)]
[Notices]
[Pages 59164-59171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28646]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Department of the Navy


Record of Decision for the Disposal and Reuse of Naval Air 
Warfare Center, Aircraft Division, Warminster, PA

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) (1994), 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 Air 
Warfare Center, Aircraft Division, Warminster (NAWC), which is located 
in Bucks County, Pennsylvania.
    Navy analyzed the impacts of the disposal and reuse of NAWC 
Warminster in an Environmental Impact Statement (EIS), as required by 
NEPA. The EIS analyzed four reuse alternatives and identified the 
Proposed Reuse Plan, Naval Air Warfare Center, Bucks County, approved 
on June 10, 1997, (Reuse Plan) as the Preferred Alternative. The 
Preferred Alternative proposed to use the base for residential, 
commercial, municipal, and assisted living activities; to provide low 
income and homeless assistance services; to develop public parks and 
recreational areas; and to build access roads. The Federal Lands Reuse 
Authority of Bucks County (FLRA) is the Local Redevelopment Authority 
(LRA) for NAWC Warminster. Department of Defense Rule on Revitalizing 
Base Closure Communities and Community Assistance (DoD Rule), 32 CFR 
176.20(a).
    Navy intends to dispose of NAWC Warminster in a manner that is 
consistent with the Reuse Plan. Navy has determined that the proposed 
mixed land use will meet the goals of achieving local economic 
redevelopment, creating new jobs, and providing additional housing, 
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 entities and the local zoning authorities.

Background

    Under the authority of the Defense Base Closure and Realignment Act 
of 1990 (DBCRA), Public Law 101-510, 10 U.S.C. 2687 note (1994), the 
1991 Defense Base Closure and Realignment Commission recommended the 
realignment of Naval Air Development Center, Warminster. This 
recommendation was approved by President Bush and accepted by the One 
Hundred Second Congress in 1991.
    As a result of the 1991 realignment, most of the Warminster 
Development Center's aircraft systems research and development and test 
and evaluation functions moved to Naval Air Warfare Center, Aircraft 
Division, Patuxent River, Maryland. On January 1, 1992, the remaining 
facilities, i.e., the inertial guidance laboratory (Building 108), the 
navigation equipment laboratory (Building 125), the communications 
systems laboratory (Building 138), the dynamic flight simulator 
(Buildings 70 and 72), the family housing units, and the Oreland Open 
Water Test Facility, a 15-acre non-contiguous site located about eight 
miles southwest of NAWC Warminster in Montgomery County, Pennsylvania, 
were renamed Naval Air Warfare Center, Aircraft Division, Warminster.
    The 1995 Defense Base Closure and Realignment Commission modified 
the 1991 Commission's recommendation by directing Navy to close NAWC 
Warminster, including the Oreland Open Water Test Facility. The 1995 
Commission's recommendation was

[[Page 59165]]

approved by President Clinton and accepted by the One Hundred Fourth 
Congress in 1995. The base closed on September 30, 1996.
    With the exception of the Oreland facility, all of the property 
comprising NAWC Warminster is located in the southern part of Bucks 
County, Pennsylvania, about 18 miles north of Center City Philadelphia. 
This property covers 824 acres and lies within three municipalities. 
Most of the property, about 609 acres, is located in Warminster 
Township. About 46 acres in the northwest corner of the base are 
located in Ivyland Borough. The remaining 169 acres in the eastern part 
of the base are located in Northampton Township. Navy controls an 
additional 38 acres in Northampton Township by way of easements for air 
operations. Disposal and reuse of the Oreland Open Water Test Facility 
in Montgomery County were treated in a separate environmental analysis 
and document.
    The base is oriented along an east-west axis with irregularly 
shaped borders. It is bounded on the west by a Southeastern 
Pennsylvania Transportation Authority railroad line; on the north by 
Kirk Road, Newtown Road, and Bristol Road; on the east by New Road; and 
on the southwest by Street Road. In the western part of the base, 
Jacksonville Road crosses the property in a northeast-southwest 
alignment and connects Kirk Road to Street Road. In the eastern part of 
the base, Bristol Road crosses the property in a northwest-southeast 
orientation, and Hatboro Road links Bristol Road to New Road.
    Navy will retain certain NAWC Warminster properties, i.e., six 
single-family houses, 40 multi-family residential units, and related 
support buildings that serve 205 military families. In August 1995, 
Navy transferred these properties, covering 67 acres, to Naval Air 
Station Joint Reserve base, Willow Grove, Pennsylvania.
    This Record Of Decision addresses the disposal and reuse of those 
parts of NAWC Warminster that are surplus to the needs of the Federal 
Government. This surplus property, covering 757 acres, contains about 
162 buildings and structures that provide about 1.7 million square feet 
of space. The base contains aviation facilities consisting of an 8,000-
foot east-west runway, an aircraft parking apron covering about 11 
acres, a hangar, an air traffic control tower, and a fire station. The 
surplus property also contains research and development facilities, 
laboratory facilities, industrial facilities, administrative offices, 
personnel support facilities, medical facilities, and recreational 
facilities.
    Navy expects to convey about 287 acres of surplus property in the 
western part of the base to the Federal Lands Reuse Authority by way of 
an economic development conveyance. Of that total, about 261 acres 
located in Warminster Township, including the western end of the runway 
and the main complex of buildings (Buildings 1, 2, and 3), will be 
redeveloped as a business complex. About 26 acres located in Ivyland 
Borough will be redeveloped as a residential area.
    The remaining 470 acres of surplus property have been or will be 
conveyed by way of various kinds of public benefit conveyances. On 
September 19, 1997, Navy assigned about 125 acres in the eastern end of 
the base to the United States Department of the Interior for subsequent 
conveyance to Northampton Township for use as parks and recreational 
areas. Subsequently, about 32 of those 125 acres were made available 
for construction of a school and related recreational facilities for 
the Council Rock School District. On November 18, 1997, Navy assigned 
about two acres at the northern tip of the eastern end of the base to 
the United States Department of Education for subsequent conveyance to 
Northampton Township for use as a fire fighter training facility.
    On January 7, 1998, Navy assigned about 38 acres in the eastern 
part of the base to the United States Department of Health and Human 
Services for subsequent conveyance to Northampton Township for use as 
an assisted living facility for senior citizens. On October 27, 1998, 
Navy assigned about two acres in the eastern end of the base to the 
United States Department of Health and Human Services for subsequent 
conveyance to Northampton Township. The Township will build a well on 
this property to increase the capacity of its existing municipal water 
system.
    On March 18, 1999, Navy assigned about 31 acres and the inertial 
guidance laboratory (Building 108), located in the south central part 
of the base, to the United States Department of Education for 
subsequent conveyance to Pennsylvania State University for use as an 
applied research laboratory.
    Navy will assign about 255 acres in the western and central parts 
of the base to the United States Department of the Interior for 
subsequent conveyance to Warminster Township for use as parks and 
recreational areas, access roads and open space.
    Navy will assign nine acres and the base's wastewater treatment 
plant in the western end of the base to the United States Department of 
Health and Human Services for subsequent conveyance to the Warminster 
Municipal Authority. Navy will assign about two acres in the western 
part of the base adjacent to the dynamic flight simulator (Buildings 70 
and 72) to the United States Department of Health and Human Services 
for subsequent conveyance to Bucks County, which will build a facility 
for its county coroner.
    Of the remaining six acres of surplus Federal property, Navy will 
assign two acres to a private homeless assistance provider and four 
acres to Bucks County. They will provide low income and homeless 
assistance services in accordance with four legally binding agreements 
between the FLRA and homeless assistance providers that were approved 
by the United States Department of Housing and Urban Development.
    Navy published a Notice Of Intent in the Federal Register on 
September 19, 1995, announcing that Navy would prepare an EIS for the 
disposal and reuse of NAWC Warminster. On October 12, 1995, Navy held a 
public scoping meeting at the Longstreth Elementary School in 
Warminster, and the scoping period concluded on November 1, 1995.
    Navy distributed the Draft EIS (DEIS) to Federal, State, and local 
agencies, elected officials, interested parties, and the general public 
on January 3, 1997, and commenced a 45-day public review and comment 
period. During this period, Federal, State, and local agencies, 
community groups and associations, and interested persons submitted 
oral and written comments concerning the DEIS. On January 28, 1997, 
Navy held a public hearing at the Warminster Township Building to 
receive comments on the DEIS.
    Navy's responses to the public comments were incorporated in the 
Final EIS (FEIS), which was distributed to the public on December 24, 
1998, for a review period that concluded on January 25, 1999. Navy 
received two letters commenting on the FEIS.

Alternatives

    NEPA requires Navy to evaluate a reasonable range of alternatives 
for the disposal and reuse of this surplus Federal property. In the 
FEIS, Navy analyzed the environmental impacts of four reuse 
alternatives. Navy also evaluated a ``No Action'' alternative that 
would leave the property in caretaker status with Navy maintaining the 
physical condition of the property, providing a security force, and 
making repairs essential to safety.
    On February 1, 1995, the Board of Commissioners of Bucks County 
established the Federal Lands Reuse Authority of Bucks County. Bucks

[[Page 59166]]

County Ordnance No. 89. The FLRA would prepare a reuse plan for the 
NAWC Warminster property to be available as a result of the 1991 round 
of Defense Base Closures and Realignments. In March 1995, the FLGA 
adopted a proposed reuse plan entitled Naval Air Warfare Center, Bucks 
County, Pennsylvania, Reuse Plan. Navy identified this initial reuse 
plan as the Preferred Alternative in the DEIS dated December 1996. In 
1997, the FLRA changed its reuse plan and incorporated those parts of 
the base that Navy had retained under the 1991 realignment but 
subsequently declared surplus as a result of the 1995 closure decision. 
The FLRA adopted the Proposed Reuse Plan, Naval air Warfare Center, 
Bucks County, Pennsylvania, as its final plan on June 10, 1997. FLRA 
Resolution No. 25-97.
    The Reuse Plan, identified in the FEIS as the Preferred 
Alternative, proposed a mix of land uses. The Preferred Alternative, 
proposed a mix of land uses. The Preferred Alternative would use 26 
acres for residential purposes; 292 acres for a business complex; 38 
acres for an assisted living facility; 13 acres for public health and 
safety facilities; six acres for low income and homeless assistance 
services; 18 acres for access roads and open space; and 370 acres for 
parks and recreational activities. This Alternative would not use the 
runway for aviation activities. It will be necessary to make extensive 
utility infrastructure and roadway improvements to support the Reuse 
Plan's proposed redevelopment of NAWC Warminster.
    The Preferred Alternative would use 68 acres west of Jacksonville 
Road for commercial activities. Within these 68 acres on the western 
end of the property, this Alternative proposed to use the main complex 
(Buildings 1, 2, and 3) and the dynamic flight simulator (Buildings 70 
and 72) for research and development in ways similar to Navy's 
historical uses of those buildings. In the southeastern part of this 
area, the Preferred Alternative proposed to use the dispensary 
(Building 16) for low income and homeless assistance services.
    East of Jacksonville Road and north of Street Road, the Preferred 
Alternative would build a 187-acre business complex providing about 1.5 
million square feet of new construction. The Preferred Alternative 
would use part of the runway to build new access roads to serve this 
business complex. In the northern part of the complex, this Alternative 
would use the base's fire station as a municipal fire station. In the 
southeastern part of this complex, the aircraft flight equipment 
laboratory (Building 80) would be used for low income and homeless 
assistance services.
    In Ivyland Borough, north of the proposed business complex, east of 
Jacksonville Road, and southwest of Kirk Road, the Preferred 
Alternative proposed to build a 26-acre single-family residential 
complex adjacent to the officers housing retained by Navy. This 
residential complex would provide between 150 and 200 new homes.
    The central part of the base, east of the business complex and 
southwest of Bristol Road, would be reserved for parks and recreational 
activities. This area would cover the eastern part of the runway. The 
parks and recreational areas would extend northwest to the new 
residential complex and southwest along the 187-acre business complex 
to the southern boundary of the property. The Preferred Alternative 
would use Quarters A and Quarters B here for low income and homeless 
assistance services.
    South of the parks and recreational areas and adjacent to the 
enlisted housing retained by Navy, the Preferred Alternative proposed 
to use 37 acres for another business complex that would include use of 
the inertial guidance laboratory (Building 108) in a manner similar to 
Navy's historical use of that building.
    On 125 acres at the eastern end of the base in Northampton 
Township, the Preferred Alternative would develop parks and 
recreational areas. On two acres at the northern tip of the eastern end 
of the base, this Alternative would build a fire station. At the 
eastern end of the base, it would build a municipal drinking water well 
and pump facility. On the remaining surplus property, north of Hatboro 
Road, it would build as assisted living facility on 38 acres that would 
support about 500 senior residents.
    Navy analyzed a second ``action'' alternative, described in the 
FEIS as the University/Institutional Alternative. This Alternative was 
identified in the DEIS as the Preferred Alternative and reflects the 
FLRA's March 1995 reuse plan. The University/Institutional Alternative 
proposed land uses similar to those in the Reuse Plan, but provided 
more intense development and less parks and recreational areas.
    West of Jacksonville Road, the University/Institutional Alternative 
would use 46 acres to develop a business complex. This Alternative also 
proposed to use the dynamic flight simulator (Buildings 70 and 72) for 
research and development in a manner similar to Navy's historical use 
of those buildings. Additionally, it proposed to build university and 
institutional facilities on 12 acres west of Jacksonville Road. On 
these 12 acres, the navigation equipment laboratory (Building 125) and 
the communications systems laboratory (Building 138) would also be used 
for university and institutional activities. This Alternative proposed 
to use Building 16 west of Jacksonville Road for low income and 
homeless assistance services.
    On 159 acres east of Jacksonville Road, the University/
Institutional Alternative would build an industrial and business 
complex providing 1,850,000 square feet of new construction. On the 
southern end of this complex, it proposed to build a 50,000 square foot 
hotel and conference center on ten acres facing Street Road. On the 
northern edge of the complex, this Alternative would use the base's 
fire station as a municipal fire station. In the southeastern part of 
the complex, this Alternative proposed to use Building 80 for low-
income and homeless assistance services. It would also maintain open 
space along the boundary between the hotel and Building 80.
    In Ivyland Borough, north of the business complex, east of 
Jacksonville Road, and southwest of Kirk Road, the University/
Institutional Alternative proposed to build a 26-acre single-family 
residential complex adjacent to the officers housing retained by Navy. 
This residential complex would provide between 150 and 200 new homes.
    East of this residential area and south of Kirk Road, the 
University/Institutional Alternative would provide 25 acres for 
municipal purposes. This Alternative would also use parts of the runway 
and aircraft parking apron to build new access roads.
    The central part of the base, east of the industrial/business 
complex and the municipal area and south of Kirk Road, Newtown Road, 
and Bristol Road, would be reserved for parks and recreational 
activities. This area would cover the eastern part of the runway. The 
University/Institutional Alternative would use Quarters A and Quarters 
B here for low income and homeless assistance services.
    The University/Institutional Alternative would use the inertial 
guidance laboratory (Building 108), located south of the parks and 
recreational areas and adjacent to the enlisted housing retained by 
Navy, in a manner similar to Navy's historical use of that building. 
Northeast of the laboratory, this Alternative would use 84 acres to 
build an educational complex serving about 2,000 students.

[[Page 59167]]

    On 125 acres at the eastern end of the base in Northampton 
Township, the University/Institutional Alternative would develop parks 
and recreational areas. On the northern and eastern tips of the eastern 
end of the property, this Alternative would provide five acres for 
municipal uses. On the remaining surplus property, north of Hatboro 
Road, it would build an assisted living facility on 38 acres that would 
support about 500 senior residents.
    Navy analyzed a third ``action'' alternative, described in the FEIS 
as the Residential Alternative. Under this Alternative, the property 
east of Jacksonville Road would be developed for residential uses and 
recreational facilities.
    West of Jacksonville Road, the Residential Alternative would use 46 
acres to develop a business complex. This Alternative also proposed to 
use the dynamic flight simulator (Buildings 70 and 72) for research and 
development in a manner similar to Navy's historical use of those 
buildings.
    Additionally, it proposed to use 12 acres and Buildings 125 and 138 
for university and institutional activities. This Alternative also 
proposed to use Building 16 west of Jacksonville Road for low income 
and homeless assistance services.
    On 65 acres east of Jacksonville Road, the Residential Alternative 
would build an industrial and business complex providing about 636,000 
square feet of new construction. Northeast of the complex, this 
Alternative would use the base's fire station as a municipal fire 
station.
    In Ivyland Borough, northeast of the business complex, east of 
Jacksonville Road, and southwest of Kirk Road, the Residential 
Alternative proposed to build a 26-acre single-family residential 
complex adjacent to the officers housing retained by Navy. This 
residential complex would provide about 175 new homes. East of the 
residential area and the industrial/business complex, the Residential 
Alternative would develop parks and recreational areas.
    In the central part of the base, east of the parks and recreational 
areas and southwest of Bristol Road, the Residential Alternative would 
build a 250-acre golf course and residential community consisting of 
400 residential units. This area would cover the eastern part of the 
runway. This Alternative would use Quarters A and Building 80 here for 
low income and homeless assistance services.
    Southwest of the golf course community and east of the industrial 
and business complex and parks and recreational areas, the Residential 
Alternative would reserve open space. South of the golf course 
community, this Alternative would develop additional parks and 
recreational areas. This Alternative would use Quarters B here for low 
income and homeless assistance services. South of the golf course 
community, between the additional parks and recreational areas and the 
enlisted housing retained by Navy, it would use the inertial guidance 
laboratory (Building 108) in a manner similar to Navy's historical use 
of that building.
    On 125 acres at the eastern end of the base in Northampton 
Township, the Residential Alternative would develop additional parks 
and recreational areas. On the remaining surplus property, north of 
Hatboro Road, this Alternative would build an assisted living facility 
on 38 acres that would support about 500 senior residents.
    Navy analyzed a fourth ``action'' alternative, described in the 
FEIS as the Aviation Alternative. Using 3,800 feet of the 8,000-foot 
runway, this Alternative would develop a general aviation airport on 
168 acres. The airport would support single engine and twin engine 
propeller aircraft and light cargo turboprop aircraft. By the year 
2010, projected air operations for this airport could range from 20,400 
to 215,500 general aviation operations annually.
    The remainder of the surplus property would be dedicated to uses 
compatible with a general aviation airport. These uses would include 58 
acres for a business complex; 284 acres for industrial and commercial 
activities; ten acres for a hotel and conference center; 162 acres for 
parks and recreational activities; and 41 acres for access roads and 
open space. This Alternative would develop more intense industrial, 
research and development, and aviation activities than the other reuse 
alternatives.
    West of Jacksonville Road, the Aviation Alternative would build a 
business complex on 58 acres. This Alternative proposed to use the 
dynamic flight simulator (Buildings 70 and 71) for research and 
development in a manner similar to Navy's historical use of those 
buildings. It also proposed to use Building 16 west of Jacksonville 
Road for low income and homeless assistance services.
    East of Jacksonville Road, north and east of the runway, and 
southwest of Bristol Road, the Aviation Alternative would use 284 acres 
to develop a 4,900,000 square foot industrial and business complex. 
This Alternative would use Quarters A here for low income and homeless 
assistance services. South of the runway, the Alternative would use 77 
acres to support aviation operations with hangars, maintenance 
facilities, and aircraft tiedown areas. It would also use seven acres 
here to build a passenger terminal.
    On the southern end of the property, south of the aviation support 
facilities, this Alternative proposed to build a 50,000 square foot 
hotel and conference center on ten acres facing Street Road. East of 
the passenger terminal, it would use Building 80 and Quarters B for low 
income and homeless assistance services. This Alternative would 
maintain open space along the boundary between the hotel and Building 
80.
    South of the industrial and business complex, between the aviation 
support facilities and the enlisted housing retained by Navy, the 
Aviation Alternative would use the inertial guidance laboratory 
(Building 108) in a manner similar to Navy's historical use of that 
building. On 162 acres at the eastern end of the base in Northampton 
Township, this Alternative would develop parks and recreational 
activities.

Environmental Impacts

    Navy analyzed the direct, indirect, and cumulative impacts of the 
disposal and reuse of this surplus Federal property. The EIS addressed 
impacts of the Preferred Alternative, the University/Institutional 
Alternative, the Residential Alternative, the Aviation Alternative, and 
the ``No Action'' Alternative for each alternative's effects on land 
use, socioeconomics, community services, transportation, air quality, 
noise, infrastructure, cultural resources, natural resources, and 
petroleum and hazardous substances. This Record of Decision focuses on 
the impacts that would likely result from implementation of the Reuse 
Plan, identified in the FEIS as the Preferred Alternative.
    The Preferred Alternative would not have an significant impact on 
land use. Implementation of the Preferred Alternative would result in 
the continuing use and further development of the property as a 
technology research and development center. There would be more 
commercial, industrial, and office activities, additional housing (for 
single-family) and assisted living), various municipal activities, and 
extensive parks and recreational areas.
    The existing airfield would not be used, and parts of the runway 
would be converted into roadways and parking areas. Access to the 
property would be gained from the existing roadway network of 
Jacksonville Road, Street

[[Page 59168]]

Road, Kirk Road, Newton Road, Bristol Road, Hatboro Road, and New Road.
    The land uses proposed in the Preferred Alternative would be 
generally compatible with each other and with adjacent off-base land 
uses. However, development of the new facilities and activities would 
result in a substantial increase in use of the property's open space 
and a significant change from the existing airfield to various proposed 
uses. Zoning changes will be required for the assisted living facility, 
the parks and recreational areas, the firehouse, and the municipal 
well. In Ivyland Borough, it would be necessary to rezone the proposed 
site of the Reuse Plan's 150 to 200 housing units to accommodate the 
resultant increase in residential density.
    The Reuse Plan would not have any significant impact on the 
socioeconomics of the surrounding area. The Preferred Alternative would 
build 150 to 200 new homes in that part of NAWC Warminster located in 
Ivyland Borough, providing housing for an additional 400 to 600 
persons. The proposed 250,000 square foot assisted living facility 
would provide housing for about 500 senior residents.
    By the year 2010, this Alternative would create about 6,850 direct 
jobs and 7,504 indirect jobs that would generate about $181 million in 
direct payroll earnings and $151 million in indirect earnings. The 
Preferred Alternative would also generate an estimated $1.305 million 
annually in property tax revenue.
    The Preferred Alternative would not have any significant impact on 
community services. By the year 2010, the Preferred Alternative would 
generate an increase of 1,610 school age children living in the area. 
Since this increase in student population would not be reached until 
the year 2010, there is sufficient time for local school districts to 
prepare for this impact from the reuse of NAWC Warminster as well as 
other unrelated demographic changes in the region. Additionally, 
property tax revenues that support local school systems would increase 
as property previously owned by the Federal Government became taxable.
    The redevelopment of NAWC Warminster would increase the demand on 
local communities for fire and police protection services. Closure of 
the Navy fire station on the base resulted in dissolution of the mutual 
aid agreements among local fire departments. Thus Warminster Township 
is considering hiring full-time fire department employees to supplement 
the volunteers who currently provide fire protection services. It would 
also be necessary for Ivyland Borough to expand its fire and police 
protection services to accommodate the redevelopment of NAWC 
Warminster. However, implementation of the Preferred Alternative would 
increase local government revenues by expanding the property tax base, 
and these revenues would assist in expanding fire and police protection 
services.
    The Preferred Alternative would increase the number of recreational 
facilities in the region. Under this Alternative, additional passive 
recreational resources, such as nature and picnic areas and athletic 
fields, would be available to the public.
    The Preferred Alternative would have a significant impact on 
transportation. By the year 2010, this Alternative would generate about 
15,370 average daily trips. The traffic generated by the Reuse Plan 
would cause considerable delays at eight intersections in the vicinity 
of NAWC Warminster. Six of these intersections would operate at 
unacceptable levels of service during peak commuting hours. 
Implementing mitigation measures, such as signal modifications, 
additional lanes, staggered work hours, and ride sharing, could reduce 
the traffic impacts. Even with these improvements, however, there would 
be significant impacts at certain intersections for which mitigation is 
not feasible.
    The Preferred Alternative would not have any significant impact on 
air quality. The base is located in a severe nonattainment area for 
ozone as regulated by the Clean Air Act, 42 U.S.C. 7401-7671a (1994). 
Ozone, commonly known as smog, is produced when volatile organic 
compounds and nitrogen oxides react in the atmosphere. The base is in 
attainment for all other common air pollutants regulated under the 
Clean Air Act. However, emissions of one common air pollutant, carbon 
monoxide (CO), would increase under the Reuse Plan.
    Carbon monoxide is produced by the burning of fossil fuels. As a 
result of increased vehicular traffic moving to and from the property, 
the annual emissions of CO would increase under the Reuse Plan. 
Nevertheless, there would be no violation of the national standards for 
carbon monoxide.
    The impact on air quality that could arise from sources of 
stationary emissions, such as heating units, would depend upon the 
nature and extent of activities conducted on the property. Developers 
of future facilities would be responsible for obtaining the required 
air permits and for complying with Federal, State and local laws and 
regulations governing air pollution. Temporary impacts on air quality 
resulting from construction activities would not be significant.
    Section 176(c) of the Clean Air Act, 42 U.S.C. 7506 (1994), 
requires Federal agencies to review their proposed activities to ensure 
that these activities do not hamper local efforts to control air 
pollution. Section 176(c) prohibits Federal agencies from conducting 
activities in air quality areas such as Bucks County that do not meet 
one or more of the national standards for ambient air quality, unless 
the proposed activities conform to an approved implementation plan. The 
United States Environmental Protection Agency regulations implementing 
Section 176(c) recognize certain categorically exempt activities. 
Conveyance of title to real property and certain leases are 
categorically exempt activities. 40 CFR 93.153(c)(2) (xiv) and (xix). 
Therefore, the disposal of NAWC Warminster will not require Navy to 
conduct a conformity determination.
    The Preferred Alternative would not have any significant impact on 
noise. During reuse, a gradual increase in ambient noise levels would 
arise out of the increased vehicular traffic. At four of the six sites 
analyzed, noise increases in the early morning hours would be 
perceptible to the human ear, i.e., greater than three decibels. 
However, the existing noise levels near the residential areas are 
typical of a suburban neighborhood and are already high.
    The Preferred Alternative would not have any significant impact on 
infrastructure and utilities. It would be necessary gradually to 
replace and upgrade the electrical distribution system. The Reuse 
Plan's projected daily demand for potable water would exceed Navy's 
historical usage and would require additional sources of water. It 
would be necessary to extend the Warminster Municipal Authority's water 
distribution system to the base and incorporate a drinking water well 
on the base into that system.
    The proposed redevelopment of NAWC Warminster would require an 
increase in wastewater treatment capacity. The acquiring entities could 
use the base's wastewater treatment plant to provide adequate treatment 
capacity for the proposed redevelopment of NAWC Warminster. When 
operating this plant, they would be subject to the requirements of the 
National Pollutant Discharge Elimination System (NPDES) permit program. 
Similarly, stormwater must be managed in accordance with Federal, 
State, and local laws and regulations.

[[Page 59169]]

Thus, the acquiring entities would be responsible for constructing 
adequate drainage facilities.
    The Preferred Alternative would generate about three tons of solid 
waste per day more than Navy did when the base was operational. There 
is adequate disposal capacity to accommodate this increase in waste, 
and no significant impact is likely.
    The Preferred Alternative would not have any significant impact on 
cultural resources. Pursuant to Section 106 of the National Historic 
Preservation Act, 16 U.S.C. 470f (1994), Navy performed a cultural 
resource survey and determined that seven structures are eligible for 
listing on the National Register of Historic Places. In a letter dated 
May 6, 1998, the Pennsylvania State Historic Preservation Officer 
(SHPO) stated that only three of the seven structures satisfied 
eligibility requirements. The three structures at NAWC Warminster 
determined to be eligible for listing on the Register are the inertial 
guidance laboratory (Building 108), the ejector seat test facility 
(Structure 361), and the centrifuge (Building 70). The Reuse Plan 
proposes to use the inertial guidance laboratory and the centrifuge in 
ways similar to Navy's historical uses. The ejector seat test facility 
will be used to support communications antennas.
    There are no known archaeological sites at NAWC Warminster that are 
eligible for listing on the National Register. However, the cultural 
resource survey identified archaeologically sensitive areas within 
parts of NAWC Warminster proposed for disposal and reuse, i.e., at 
Quarters A and Quarters B. Depending upon the location and design of 
particular redevelopment projects, potential archaeological resources 
in these areas could be affected by construction activities.
    Navy has completed consultation pursuant to Section 106 of the 
National Historic Preservation Act with the Advisory Council on 
Historic Preservation and the Pennsylvania State Historic Preservation 
Officer. These consultations identified measures that the acquiring 
entities must take to avoid or mitigate adverse impacts on the eligible 
structures and the archaeologically sensitive areas. These measures 
were set forth in a Programmatic Agreement among Navy, the Advisory 
Council on Historic Preservation, and the Pennsylvania State Historic 
Preservation Officer, dated December 9, 1998. This Programmatic 
Agreement requires the incorporation of restrictive deed covenants for 
each of the structures in the documents conveying the property. These 
covenants require subsequent owners of the property to obtain written 
permission from the SHPO before undertaking any alterations to the 
three eligible structures and before engaging in any activities that 
would disturb the ground in the archaeologically sensitive areas.
    The Preferred Alternative would not have any significant impact on 
upland vegetation and wildlife. The existing vegetation in the vicinity 
of the runway, taxiways, and developed areas consists largely of 
maintained lawns and ornamental and naturally occurring trees and 
shrubs. The redevelopment of these areas would reduce the vegetation in 
these low value habitats. Navy did not actively use the property east 
of the runway when the base was operational and leased it for farming. 
The proposed redevelopment of this area would result in a change from 
agricultural activities to parks and recreational uses.
    Navy determined that there were no Federally-listed threatened or 
endangered species at NAWC Warminster as defined by the Endangered 
Species Act of 1973, 16 U.S.C. 1531-1544 (1994). Therefore, the 
disposal and reuse of NAWC Warminster would not have any adverse effect 
on Federally-listed threatened or endangered species. In letters dated 
September 14, 1995 and November 21, 1995, the United States Fish and 
Wildlife Service concurred in Navy's determination.
    There are several freshwater wetlands on the base that cover about 
three acres. The Reuse Plan did not provide detailed site plans for the 
proposed redevelopment. Thus, the impact on these wetlands cannot be 
fully assessed. Future redevelopment plans that may affect wetlands 
will be subject to the wetland regulations that implement Section 404 
of the Clean Water Act, 33 U.S.C. 1344 (1994). These regulations are 
set forth at 33 CFR part 323, and are enforced by the United States 
Army Corps of Engineers. Implementation of the Preferred Alternative 
would not have any impact on floodplains, because NAWC Warminster does 
not lie within 100-year or 500-year floodplains.
    The Preferred Alternative would not have any significant impact on 
the environment as a result of the use of petroleum products or the use 
or generation of hazardous substances by the acquiring entities. 
Hazardous materials used and hazardous waste generated by the Reuse 
Plan will be managed in accordance with Federal and State laws and 
regulations.
    Implementation of the Preferred Alternative would not have any 
impact on existing environmental contamination at NAWC Warmister. Navy 
will inform future property owners about the environmental condition of 
the property and may, when appropriate, include restrictions, 
notifications, or covenants in deeds to ensure the protection of human 
health and the environment in light of the intended use of the 
property.
    Executive Order 12898, Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, 3 CFR 859 
(1995), requires that Navy determine whether any low income and 
minority populations will experience disproportionately high and 
adverse human health or environmental effects from the proposed action. 
Navy analyzed the impacts on low income and minority populations 
pursuant to Executive Order 12898. The FEIS addressed the potential 
environmental, social, and economic impacts associated with the 
disposal of NAWC Warminster and subsequent reuse of the property under 
the various proposed alternatives. Minority and low income populations 
residing within the region would not be disproportionately affected. 
Indeed, the employment opportunities, housing and public services 
generated by implementing the Reuse Plan would have beneficial effects.
    Navy also analyzed the impacts on children pursuant to Executive 
Order 13045, Protection of Children from Environmental Health Risks and 
Safety Risks, 3 CFR 198 (1998). Under the Preferred Alternative, the 
largest concentration of children would be present in the residential 
and recreational areas. The Preferred Alternative would not pose any 
disproportionate environmental health or safety risks to children.

Mitigation

    Implementation of Navy's decision to dispose of NAWC Warminster 
does not require Navy to implement any mitigation measures. Navy will 
take certain actions to implement existing agreements and regulations. 
These actions were treated in the FEIS as agreements or regulatory 
requirements rather than as mitigation.
    The FEIS identified and discussed those actions that will be 
necessary to mitigate impacts associated with the reuse and 
redevelopment of NAWC Warminster. The acquiring entities, under the 
direction of Federal, State, and local agencies with regulatory 
authority over protected resources, will be responsible for 
implementing necessary mitigation measures.

[[Page 59170]]

Comments Received on the FEIS

    Navy received comments on the FEIS from one Federal agency, the 
United States Environmental Protection Agency (Region III), and one 
local agency, the Warminster Municipal Authority. All of the 
substantive comments concerned issues discussed in the FEIS. Those 
comments that require clarification are addressed below.
    The comments of the Environmental Protection Agency's Region III 
concerned background information in Section 3 of the FEIS regarding 
Navy's Installation Restoration Program at NAWC Warminster. Navy's 
responses to these comments are being provided to Region III in the 
separate regulatory process prescribed for Installation Restoration 
Programs by the Comprehensive Environmental Response, Compensation and 
Liability Act of 1980, U.S.C. 9601-9675 (1994).
    The Warminster Municipal authority commented that the analysis in 
Section 4 of the FEIS incorrectly stated that extending the Authority's 
potable water distribution system to the base would provide an adequate 
supply of water for redevelopment. The Municipal Authority stated that 
it would also be necessary to draw upon a drinking water well on the 
base to provide an adequate supply of potable water for redevelopment. 
As discussed earlier, Navy acknowledges that a drinking water well on 
the base must be incorporated into the Authority's water distribution 
system to provide an adequate supply of potable water for the proposed 
redevelopment of NAWC Warminster.
    The Municipal Authority also commented that the analysis in Section 
4 of the FEIS incorrectly concluded that its wastewater treatment plant 
has sufficient capacity to treat wastewater generated under the 
Preferred Alternative. As discussed earlier, Navy acknowledges that 
additional wastewater treatment capacity would be required to support 
the proposed redevelopment of NAWC Warminster.

Regulations Governing the Disposal Decision

    Since the proposed action contemplates a disposal under the Defense 
Base Closure and Realignment Act of 1990 (DBCRA), Public Law 101-510, 
10 U.S.C.. 2687 note (1994), Navy's decision was based upon the 
environmental analysis in the FEIS and application of the standards set 
forth in the 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 174 and 175.
    Section 101-47.303-1 of the FPMR requires that disposals 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 historic 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 
the DBCRA directs the Secretary of Defense to exercise this authority 
in accordance with GSA's property disposal regulations, set forth in 
Part 101-47 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 the 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 the DBCRA, may Navy apply 
disposal procedures other than those in the FPMR.
    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 the 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 Section 174.4 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 LRA's reuse plan and encourage 
job creation. As a part of this cooperative approach, the base closure 
community's interests, as 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, Section 
175.7(d)(3) of the DoD Rule provides that the LRA's plan generally will 
be used as the basis for the proposed disposal action.
    The Federal Property and Administrative Service Act of 1949, 40 
U.S.C. 484 (1994), 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. 101-47.304-9); 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

[[Page 59171]]

property by negotiation or by competitive bid, are left to the Federal 
agency's 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 LRA's proposed reuse of NAWC Warminster, reflected in the Reuse 
Plan, is consistent with the requirements of the FPMR and Section 174.4 
of the DoD Rule. The LRA has determined in its Reuse Plan that the 
property should be used for various purposes including residential, 
commercial, municipal, assisted living, low income and homeless 
assistance, and parks and recreational activities. The property's 
location, physical characteristics, and existing infrastructure as well 
as the current uses of adjacent property make it appropriate for the 
proposed uses.
    The Reuse Plan responds to local economic conditions, promotes 
rapid economic recovery from the impact of the closure of NAWC 
Warminster, and is consistent with President Clinton's Five-Part Plan 
for Revitalizing Base Closure Communities, which emphasizes local 
economic redevelopment and creation of new jobs as the means to 
revitalize these communities. 32 CFR parts 174 and 175, 59 FR 16,123 
(1994).
    Although the ``No Action'' Alternative has less potential for 
causing adverse environmental impacts, this Alternative would not take 
advantage of the property's location, physical characteristics, and 
infrastructure or the current uses of adjacent property. Additionally, 
it would not foster local economic redevelopment of the NAWC Warminster 
property.
    The acquiring entities, under the direction of Federal, State, and 
local agencies with regulatory authority over protected resources, will 
be responsible for adopting practicable means to avoid or minimize 
environmental harm that may result from implementing the Reuse Plan.
    Accordingly, Navy will dispose of the surplus Federal property at 
Naval Air Warfare Center, Aircraft Division, Warminster, Pennsylvania, 
in a manner that is consistent with the Federal Lands Reuse Authority 
of Bucks County's Reuse Plan for the property.

    Dated: October 15, 1999.
William J. Cassidy, Jr.,
Deputy Assistant Secretary of the Navy (Conversion And Redevelopment).
    Dated: October 27, 1999.
J.L. Roth,
Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, 
Federal Register Liaison Officer.
[FR Doc. 99-28646 Filed 11-1-99; 8:45 am]
BILLING CODE 3810-FF-M