[Federal Register Volume 65, Number 100 (Tuesday, May 23, 2000)]
[Notices]
[Pages 33302-33308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12964]


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DEPARTMENT OF DEFENSE

Department of the Navy


Record of Decision for the Disposal and Reuse of Naval Air 
Station Agana, Guam

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. Sec. 4332(2)(C) (1994), and the regulations of the Council on 
Environmental Quality that implement NEPA procedures, 40 C.F.R. Parts 
1500-1508, hereby announces its decision to dispose of Naval Air 
Station (NAS) Agana, which is located in the United States Territory of 
Guam. Guam is the southernmost island of the Mariana archipelago in the 
western Pacific Ocean.
    Navy analyzed the impacts of the disposal and reuse of NAS Agana in 
an Environmental Impact Statement (EIS) as required by NEPA. The EIS 
analyzed four reuse alternatives and identified the NAS Agana Base 
Reuse Master Plan (Reuse Plan), approved by the Government of Guam on 
July 8, 1997, and described in the EIS as the Airport/Business/Industry 
Alternative, as the Preferred Alternative.
    The Preferred Alternative proposed to use NAS Agana for commercial 
aviation; for industrial and commercial activities; to develop parks 
and recreational areas; and to build and expand roads and highways. The 
Government of Guam is the local Redevelopment Authority (LRA) for NAS 
Agana. Department of Defense Rule on Revitalizing Base Closure 
Communities and Community Assistance (DOD) Rule), 32 C.F.R. 
Sec. 176.20(a).
    Navy intends to dispose of NAS Agana in a manner that is consistent 
with the Reuse Plan. Navy has determined that the mixed land use 
proposed for NAS Agana will meet the goals of achieving local economic 
redevelopment and creating 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 entities and the 
local zoning authority.

Background

    Under the authority of the Defense Base Closure and Realignment Act 
of 1990 (DBCRA), Public Law 101-510, 10 U.S.C. Sec. 2687 note (1994), 
the 1993 Defense Base Closure and Realignment Commission recommended 
the closure of Naval Air Station Agana. The Commission also recommended 
that navy retain the Air Station officers housing to support Navy 
personnel stationed at Andersen Air Force Base in the northern part of 
Guam. These recommendations were approved by President Clinton and 
accepted by the One Hundred Third Congress in 1993. Naval Air Station 
Agana closed on March 31, 1995.
    Prior to closure of the Air Station, the A. B. Won Pat Guam 
International Airport Authority (GIAA) operated the Guam International 
Airport at NAS Agana through a joint use agreement with Navy. Under 
this agreement, Guam's International Airport Authority, which owns and 
operates a passenger terminal and maintenance area adjacent to NAS 
Agana, used the Naval Air Station runways and taxiways and relied upon 
Navy's air traffic controllers for civilian air operations. After NAS 
Agana closed, GIAA assumed responsibility for all air operations and 
began using Navy's maintenance hangars through a lease with Navy. The 
Federal Aviation Administration (FAA) currently provides air traffic 
control services.
    The 1995 Defense Base Closure and Realignment Commission modified 
the 1993 Commission's recommendation by directing Navy to close the 
officers housing at NAS Agana. The 1995 Commission's recommendation was 
approved by President Clinton and accepted by the One Hundred Fourth 
Congress in 1995.
    Naval Air Station Agana is located in the central part of Guam, 
about three miles northeast of the Village of Agana, which has been 
renamed Hagatna. The area around the base is also known as Tiyan. The 
Air Station covers an area of about 1,824 acres of Navy property, and 
Navy controls an additional 208 acres near the Air Station by way of 
easements for air operations and drainage. Navy plans to transfer its 
interests in these easements to GIAA. Disposal and reuse of the 
officers housing, covering 93 acres, were treated in a separate 
environmental analysis and document.
    Naval Air Station Agana is oriented along a northeast-southwest 
axis and has a generally triangular shape. The base is bounded on the 
north by a steep bluff and Route 10A; on the east and southeast by 
Route 16; and on the south by the intersection of Routes 16, 10, and 8; 
on the southwest by Route 8; and on the west and northwest by Route 1 
and Agana Bay.
    The Village of Tamuning, the Airport Authority's passenger terminal 
and maintenance area, and the Harmon industrial area are located north 
of the base property. The Village of Dededo is located northeast of the 
Air Station. Barrigada Heights and facilities associated with the 
United States Naval Computer and Telecommunications Station, Guam are 
located, respectively, east and southeast of the Air Station. The 
Village of Barrigada is located south of the Air Station; and the 
villages of Mongmong, Toto, and Maite are located southwest of the 
base.
    During the Federal screening process, two Federal agencies 
requested interagency transfers of base closure property at NAS Agana. 
These were the National Weather Service of the Department of Commerce's 
National Oceanic and Atmospheric Administration and the Federal 
Aviation Administration.
    On July 23, 1998, Navy transferred three acres just south of the 
runways to the National Weather Service, which is building a weather 
forecasting facility on the site. Navy will transfer the control tower 
and base operations building (Building 17-75) and a transmitter 
building (Building 16-3231) and two non-contiguous parcels covering 
about three acres in this part of the base to the Federal Aviation 
Administration for air traffic control activities. The remaining 1,725 
acres of Navy property at NAS Agana are surplus to the needs of the 
Federal Government.
    This Record of Decision addresses the disposal and reuse of those 
parts of NAS Agana that are surplus to the needs of the Federal 
Government. The Air Station contains two parallel runways in a 
northeast-southwest alignment: a 10,000-foot primary runway (Runway 
06L-24R) and an 8,000-foot secondary runway (Runway 06R-24L). Navy 
plans to transfer its interests in the air operations easements and the 
drainage easements to GIAA. The base contains about 592 buildings and 
structures that were used for aviation operations, training, housing, 
administrative and support activities. The surplus property's 
undeveloped areas on the western side of the base contain wetlands and, 
on the eastern side of the base, a forest with limestone soil. There is 
an archaeological site eligible for listing on the National Register of 
Historic Places in a developed area south of the airfield.

[[Page 33303]]

    Of the 1,725 acres of surplus property at NAS Agana, about 249 
acres are available to the Government of Guam for economic 
redevelopment. The Government of Guam proposes to develop industrial 
and commercial facilities on this property.
    Navy plans to dispose of the remaining 1,476 acres of surplus 
property at NAS Agana by way of various public benefit conveyances. 
Navy plans to convey about 1,361 acres to the Guam International 
Airport Authority for use as an airport after approval by the United 
States Department of Transportation. Navy plans to assign about 72 
acres to the Federal Highway Administration for subsequent conveyance 
to the Government of Guam to permit development of the proposed Laderan 
Tiyan Parkway north of the airfield, Mariner Parkway south of the 
airfield, and the proposed extension of Route 10 south of the airfield.
    Navy plans to assign about 41 acres in the southern part of the 
base to the United States Department of the Interior for subsequent 
conveyance to the Government of Guam for use as parks and recreational 
areas. Navy plans to convey the Air Station's chapel and religious 
center and two acres in the southern part of the base to the Government 
of Guam after the United States Department of Housing and Urban 
Development approves a legally binding agreement between the LRA and 
homeless assistance providers.
    Navy published a Notice Of Intent in the Federal Register on 
January 22, 1996, announcing that Navy and the FAA as a cooperating 
agency would prepare an EIS for the disposal and reuse of NAS Agana. 
Navy held two public scoping meetings in the Government of Guam's 
Executive Building at Adelup on January 24, 1996. The scoping period 
concluded on February 23, 1996.
    Navy distributed the Draft EIS (DEIS) to Federal and local 
government agencies, elected officials, community groups and 
associations, and interested persons on April 9, 1999, and commenced a 
45-day public review and comment period. During this period, Federal 
and local agencies and one person submitted written comments concerning 
the DEIS. On May 13, 1999, Navy held a public hearing to receive 
comments on the DEIS at the San Vicente/San Roke Catholic Church's 
social hall in Barrigada.
    Navy's responses to the public comments were incorporated in the 
Final EIS (FEIS), which was distributed to the public on December 30, 
1999, for a review period that concluded on January 28, 2000. Navy did 
not receive any comments 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. Under this alternative, Guam's 
International Airport would continue to operate under the existing 
joint use agreement between Navy and GIAA, and there would be no 
expansion of the airport, no improvement of roadways within the base's 
boundaries, and no transfers of easements.
    In Executive Order No. 94-07, dated July 8, 1994, the Governor of 
Guam, Joseph F. Ada, established the Komita Para Tiyan to prepare a 
reuse plan for NAS Agana. The Kometia conducted the planning process 
for NAS Agana in two parts: it developed an airport master plan for 
submission to the FAA that proposed civilian reuse of the NAS Agana 
facilities and it developed a reuse plan for all of the surplus 
property. The Komitea solicited expressions of interest in reuse and 
redevelopment of the property and received notices of interest from 
local government agencies, private businesses, homeless assistance 
providers, and nonprofit organizations.
    The Komitea Para Tiyan developed three reuse proposals designated 
as business/industry, education/heritage, and housing/community. Each 
proposed a similar expansion of Guam's International Airport. At four 
public meetings in November 1994 and at three public meetings in June 
1995, the Komitea solicited comments concerning the three reuse 
proposals. On December 22, 1995, the Komitea solicited comments 
concerning the three reuse proposals. On December 22, 1995, the Kometea 
adopted the business/industry alternative and approved the NAS Agana 
Base Reuse Master Plan. In letters to the Department of Defense and the 
Department of Housing and Urban Development (HUD) dated December 26, 
1995, the Governor of Guam, Carl T.C. Gutierrez, submitted this reuse 
plan to the Federal Government.
    In a letter to HUD dated July 8, 1997, Governor Gutierrez submitted 
modifications to the December 1995 reuse plan. The Governor designated 
two acres in the southern part of the base for use by homeless 
assistance providers. Additionally, the modifications changed the 
proposed use of 27 acres in the western part of the base from parks and 
recreational activities to airport operations and changed the proposed 
use of 20 acres in the eastern part of the base from industrial and 
commercial activities to airport operations.
    In Executive Order No. 97-27, dated October 16, 1997, Governor 
Gutierrez disestablished the Komitea Para Tiyan and established the 
Base Realignment And Closure GovGuam Steering Committee. He assigned 
the BRAC GovGuam Steering Committee responsibility for coordinating all 
future redevelopment at NAS Agana.
    The Reuse Plan, identified in the FEIS as the Preferred 
Alternative, proposed a mix of land uses for NAS Agana. The Preferred 
Alternative would develop commercial aviation, industrial, and 
commercial activities as well as parks and recreational areas. it will 
be necessary to make utility infrastructure and roadway improvements to 
support the Reuse Plan's proposed redevelopment of NAS Agana.
    The Preferred Alternative would expand Guam's International Airport 
to increase its air traffic capacity. By the full build-out year of 
2015, the number of annual aircraft operations would increase from 
87,000 to 123,400. The primary runway (06L-24R) would be extended from 
10,000 to 12,000 feet (1,000 feet to the northeast and 1,000 feet to 
the southwest), and the secondary runway (06R-24L) would be extended 
from 8,000 to 11,000 feet (1,000 feet to the southwest and 2,000 feet 
to the northeast). This Alternative would build two new taxiways, one 
north of the primary runway and one south of the secondary runway. It 
would build a new air traffic control tower, a cargo terminal, a 
general aviation terminal and service center, aircraft maintenance 
facilities, and training facilities. It would also reserve land for 
future expansion of the passenger terminal, additional flight kitchens, 
and aviation businesses such as an express package and cargo hub.
    The Preferred Alternative proposed to build several new roadways 
and to expand other roadways. This Alternative would build the Laderan 
Tiyan Parkway north of the airport's operations area to provide an 
alternate access to the passenger terminal from route 8 on the base's 
south and southwest boundary. This roadway would also provide a link to 
a proposed north-south bypass road that would connect the Village of 
Tamuning with the base and communities located south of the base.

[[Page 33304]]

    In the southern part of the base, the preferred Alternative would 
expand mariner Avenue, a northeast-southwest road on the base, and 
rename it Mariner Parkway. This roadway would provide access to 
airport-related activities to the north as well as to the industrial 
and commercial activities and parks and recreational areas to the 
south. It would also serve as a regional transportation link between 
the villages of Dededo and Cabras. The Preferred Alternative would 
expand Seagull Avenue between Mariner Parkway and the intersection of 
Routes 16, 10, and 8 at the southern tip of the base.
    The Preferred Alternative proposed to reserve about 30 acres on the 
bluff north of the airport, overlooking the village of Tamuning, for 
parks and recreational uses such as walking paths, bike paths, and 
picnic areas. On about 340 acres located north and south of the runways 
and taxiways, this Alternative proposed to develop airport-related 
commercial facilities. To the north, these facilities could include 
offices for businesses interested in a prime airport location, a trade 
exhibition center, a 200-room hotel, and educational facilities such as 
an hotel school. To the south, just north of the proposed Mariner 
Parkway, the Preferred Alternative would develop facilities for 
commercial activities related to the airport such as express package 
services, an airframe and power plant school, light industrial 
activities, storage, and freight forwarders.
    In the southern part of the base, south of the proposed Mariner 
Parkway, the Preferred Alternative proposed to develop industrial and 
commercial activities that would include retail stores to serve the 
Barrigada community. On about 41 acres, it would develop new 
recreational facilities and reuse the existing sports facilities as an 
Olympics training center. The Preferred Alternative designated the Air 
Station's chapel and religious center and two acres located in the 
center of the industrial and commercial area for use by homeless 
assistance providers.
    Navy analyzed a second ``action'' alternative, described in the 
FEIS as Alternative 2, the Airport/Education/Heritage Alternative. 
Alternative 2 proposed expanding the airport and building extensive 
roadway improvements similar to those proposed by the Preferred 
Alternative. In Alternative 2, however, there would be less airport-
related development and fewer industrial and commercial activities than 
proposed in the Preferred Alternative. Instead, the Alternative would 
emphasize educational and cultural activities and parks and 
recreational areas and would provide housing.
    Alternative 2 would expand the airport's operations by extending 
both runways and by building two new taxiways. This Alternative would 
also build a new air traffic control tower, a cargo terminal, a general 
aviation terminal and service center, aircraft maintenance facilities, 
and training facilities. It would reserve land for future expansion of 
the passenger terminal, additional flight kitchens, and aviation 
businesses such as an express package and cargo hub.
    Alternative 2 proposed to build several new roadways to expand 
other roadways similar to those proposed by the Preferred Alternative. 
This Alternative would build the Laderan Tiyan Parkway north of the 
airport's operations area to provide an alternate access to the 
passenger terminal from Route 8. This roadway would also provide a link 
to a proposed north-south bypass road that would connect the Village of 
Tamuning with the base and communities located south of the base.
    In the southern part of the base, Alternative 2 would expand 
Mariner Avenue and rename it Mariner Parkway. This roadway would 
provide access to airport-related activities to the north as well as to 
the housing, educational and cultural facilities, industrial and 
commercial activities, and parks and recreational ares to the south. It 
would also serve as a regional transportation link between the villages 
of Dededo and Cabras. Alternative 2 would expand Seagull Avenue between 
Mariner Parkway and the intersection of Routes 16, 10, and 8 to the 
south.
    In the western part of the base, just south of the officers housing 
site, Alternative 2 would develop industrial activities. East of the 
officers housing site, this Alternative would develop educational and 
cultural facilities and open space an recreational areas. It would also 
build housing on the bluff north of the airport, overlooking the 
Village of Tamuning, and establish a parks and recreational area there. 
In the northeast corner of the base, there would be a large open space 
and recreational area around the existing ironwood trees.
    South of the northeast ends of the runways and taxiways, along the 
southeast boundary of the Air Station, Alternative 2 would preserve a 
forest with limestone soil. Along the southwest boundary, from the 
intersection of Routes 16, 10, and 8, to the southwest ends of the 
runways and taxiways, it would reserve land for open space and 
recreation areas. Alternative 2 also proposed to establish a coconut 
plantation in this area.
    South of the proposed Mariner Parkway, Alternative 2 would build an 
educational and cultural center. This center could include a high 
school, a vocational training school, and university research 
facilities. Adjacent to the educational center, this Alternative would 
build housing and retail stores for students, faculty, and workers. It 
would also develop industrial activities here. Alternative 2 designated 
the Air Station's chapel and religious center and two acres located in 
the educational and cultural area for use by homeless assistance 
providers.
    Navy analyzed a third ``action'' alternative, described in the FEIS 
as Alternative 3, the Airport/Housing/Community Alternative. 
Alternative 3 proposed expanding the airport and building extensive 
roadway improvements similar to those proposed by the Preferred 
Alternative. In Alternative 3, however, there would be less airport-
related development and fewer industrial and commercial activities than 
proposed in the Preferred Alternative. Instead, this Alternative would 
emphasize housing and parks and recreational areas and would provide 
educational and cultural facilities.
    Alternative 3 would expand the airport's operations by extending 
both runways and by building two new taxiways. This Alternative would 
also build a new air traffic control tower, a cargo terminal, a general 
aviation terminal and service center, aircraft maintenance facilities, 
and training facilities. It would reserve land for future expansion of 
the passenger terminal, additional flight kitchens, and aviation 
businesses such as an express package and cargo hub.
    Alternative 3 proposed to build several new roadways and to expand 
other roadways similar to those proposed by the Preferred Alternative. 
This Alternative would build the Laderan Tiyan Parkway north of the 
airport's operations area to provide an alternate access to the 
passenger terminal from Route 8. This roadway would also provide a link 
to a proposed north-south bypass road that would connect the Village of 
Tamuing with the base and communities located south of the base.
    In the southern part of the base, Alternative 3 would expand 
Mariner Avenue and rename it Mariner Parkway. Under Alternative 3, this 
roadway would be a local access road rather than a regional 
transportation link as proposed in the Preferred Alternative. The 
Parkway would provide access to

[[Page 33305]]

the airport-related activities to the north as well as to the housing, 
educational and cultural facilities, industrial and commercial 
activities, and parks and recreational areas to the south. Alternative 
3 would also expand Seagull Avenue between Mariner Parkway and the 
intersection of Routes 16, 10, and 8 to the south.
    In the western part of the base, south of the officers housing 
site, Alternative 3 would develop industrial and commercial activities. 
On the bluff north of the airport, overlooking the Village of Tamuning, 
Alternative 3 would build cultural and educational facilities such as 
an hotel school. It also proposed to reserve part of the bluff for open 
space and recreational areas.
    South of the airport operations area, Alternative 3 would preserve 
a forest with limestone soil on the east side and establish a coconut 
plantation on the west side. Between the forest and the coconut 
plantation, on each side of Mariner Parkway, this Alternative would 
build industrial and commercial facilities for airport-related 
activities. It would designate the Air Station's chapel and religious 
center and two acres located in this area for use by homeless 
assistance providers. South of Mariner Parkway, it would also build 
single-family and multi-family housing, community facilities, a new 
high school, and a town center with retail stores for the Barrigada 
community.
    Navy analyzed a fourth ``action'' alternative, described in the 
FEIS as Alternative 4, the Airport/Requestor Alternative. This 
Alternative incorporated requests made during the public scoping 
process that were not included in the Komitea's three reuse proposals. 
Alternative 4 proposed expanding the airport and building new roads 
similar to those proposed in the Preferred Alternative. In Alternative 
4, however, there would be less airport-related development and fewer 
industrial and commercial activities than proposed in the Preferred 
Alternative. Instead, this Alternative would emphasize government and 
business activities and parks and recreational areas and would provide 
educational and cultural facilities and housing.
    Alternative 4 would expand the airport's operations by extending 
both runways and by building two new taxiways. This Alternative would 
also build a new air traffic control tower, a cargo terminal, a general 
aviation terminal and service center, aircraft maintenance facilities, 
and training facilities. It would reserve land for future expansion of 
the passenger terminal, additional flight kitchens, and aviation 
businesses such as an express package and cargo hub.
    Alternative 4 proposed to build several new roadways and to expand 
other roadways similar to those proposed by the Preferred Alternative. 
This Alternative would build the Laderan Tiyan Parkway north of the 
airport's operations area to provide an alternate access to the 
passenger terminal from Route 8. This roadway would also provide a link 
to a proposed north-south bypass road that would connect the Village of 
Tamuning with the base and communities located south of the base.
    In the southern part of the base, Alternative 4 would expand 
Mariner Avenue and rename it Mariner Parkway. Under Alternative 4, this 
roadway would be a local access road rather than a regional 
transportation link as proposed in the Preferred Alternative. The 
Parkway would provide access to the airport-related and government and 
business activities to the north as well as to the government and 
business activities, educational and cultural facilities, housing, 
industrial and commercial activities, and parks and recreational areas 
to the south. Alternative 4 would also expand Seagull Avenue between 
Mariner Parkway and the intersection of Routes 16, 10, and 8 to the 
south.
    Alternative 4 proposed to develop about 260 acres located north and 
south of the runways and taxiways for airport-related commercial 
activities. This Alternative would reserve land for open space and 
recreational areas in three locations: south of the officers housing 
site; on the bluff north of the airport overlooking the Village of 
Tamuning; and in the northeast part of the base. Additionally, 
Alternative 4 would build government and private offices on part of the 
bluff. Educational and cultural facilities would also be built in this 
area.
    In the southern part of the base, on either side of Mariner 
Parkway, Alternative 4 would develop facilities for government and 
private offices and retail stores. This Alternative would use the 
existing barracks in this area for housing. South of the proposed 
Mariner Parkway, Alternative 4 would develop educational and cultural 
facilities and reserve land for parks and recreational areas. It also 
designated the Air Station's chapel and religious center and two acres 
located in the educational and cultural area for use by homeless 
assistance providers.

Environmental Impacts

    Navy analyzed the direct, indirect, and cumulative impacts of the 
disposal and reuse of this surplus Federal property. The FEIS addressed 
the impacts of the Preferred Alternative, the Airport/Education/
Heritage Alternative, the Airport/Housing/Community Alternative, the 
Airport/Requestor Alternative, and the ``No Action'' Alternative for 
each alternative's effects on soils, drainage, water quality, 
terrestrial resources, noise, land use compatibility, roads and 
traffic, infrastructure, air quality, socioeconomics, public services, 
cultural resources, and environmental contamination. 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 a significant impact on 
soils. The requirements that would be imposed by the Guam Environmental 
Protection Agency would minimize soil erosion resulting from new 
construction. The potential for contaminating soil during redevelopment 
would be minimized by complying with regulatory requirements, Best 
Management Practices (BMP), and spill prevention plans. The base does 
not lie within a floodplain zone.
    The Preferred Alternative would not have a significant impact on 
stormwater runoff and drainage. While the Preferred Alternative would 
increase the amount of stormwater runoff by 43 percent as a result of 
the increase in impervious surfaces, runoff will be managed in 
accordance with Federal and local regulatory requirements, such as the 
use of ponding basins that would collect and hold runoff during storms. 
There is sufficient open space available to accommodate the ponding 
basins.
    The Preferred Alternative would not have a significant impact on 
the quality of groundwater. The potential for future groundwater 
contamination would be minimized by complying with regulatory 
requirements, BMP's, and spill prevention plans.
    The Preferred Alternative would not have a significant impact on 
terrestrial resources. Navy held informal consultations with the United 
States Fish and Wildlife Service pursuant to Section 7 of the 
Endangered Species Act of 1973, 16 U.S.C Sec. 1536 (1994). In a letter 
dated November 8, 1999, the Fish And Wildlife Service concurred with 
Navy's determination that the disposal and reuse of NAS Agana is not 
likely to adversely affect the Federally-listed endangered Mariana 
common moorhen (Gallinula chloropus guami). The Service's concurrence 
was based upon Navy's assurance that Navy will erect a fence around a 
one-acre freshwater

[[Page 33306]]

marsh and its upland buffer in the southwestern part of the base and 
will include a restrictive covenant in the deed requiring maintenance 
of the upland buffer area around this marsh. In an earlier site visit 
on September 23, 1999, Navy, the Fish And Wildlife Service, the United 
States Army Corps of Engineers, the Guam Environmental Protection 
Agency, the Guam Division of Aquatic and Wildlife Resources, and the 
Guam Economic Development Authority agreed to incorporate the 
requirement for a fenced buffer area around this marsh in a restrictive 
covenant.
    The Preferred Alternative would have a significant noise impact on 
certain residents in Agana Heights and on the Mongmong, Toto, and Maite 
villages located southwest of the base. Notwithstanding the increase in 
proposed commercial aviation operations, the exposure to noise from 
aircraft would be less than when Navy operated military jet aircraft at 
the base. However, while the substantial reduction in military jet 
aircraft operations and the introduction of quieter Stage III 
commercial aircraft would reduce the noise impact, this impact would 
still exceed the Federal standards for residential exposure to noise in 
those areas. The Village of Dededo northeast of the airfield would not 
experience a residential noise impact in excess of Federal standards. 
The Preferred Alternative did not propose to build any new residential 
areas.
    The nature and extent of mitigation measures to address the noise 
impacts would be determined in accordance with the Federal Airport 
Noise Compatibility Planning Regulation set forth at 14 CFR Part 150. 
Guam's International Airport Authority has received funding from the 
FAA to proceed with a noise compatibility study that will identify 
measures to reduce noise levels.
    Noise generated by industrial and commercial activities and on 
roadways could increase compared with pre-closure levels, but this 
increase is not expected to be substantial. Additionally, noise 
attenuation treatments can be applied so that noise levels are 
compatible with adjacent land use. To comply with Guam's environmental 
regulations, it may be necessary for the acquiring entities to conduct 
environmental assessments of proposed projects so that project planning 
incorporates appropriate mitigation for noise impacts.
    The Preferred Alternative would not have a significant impact on 
land use compatibility. The land uses proposed for NAS Agana would be 
generally compatible with each other and with existing land uses in the 
adjacent areas. The view of the bluff north of the airport from the 
Village of Tamuning below could change as a result of building the 
north-south bypass road and other structures on the bluff. This visual 
impact would be minimized by selecting a road alignment that requires 
the least amount of excavation and by imposing building height and 
setback limits along the bluff.
    The Preferred Alternative would have significant impacts on 
traffic. By the year 2015, this Alternative would generate about 9,000 
peak hour trips compared with the 1,358 peak hour trips that were 
experienced when the base was an active Air Station.
    The proposed Laderan Tiyan Parkway would reduce the amount of 
traffic using Route 1, because it would provide an alternate access 
route to the passenger terminal at the airport. The proposed north-
south bypass road connecting Route 30 and Route 8 would also reduce the 
amount of traffic using Route 1, because it would provide direct access 
to the Village of Tamuning and to Tumon Bay from the communities 
located south of the Air Station. The proposed Mariner Parkway would 
take some traffic from Routes 8 and 16, by providing an alternate route 
between the villages of Dededo and Cabras.
    Notwithstanding the development of these new roads, the projected 
level of traffic would still generate substantial delays at nearly all 
of the intersections along Routes 1, 8, and 16. However, under the ``No 
Action'' Alternative, traffic delays at the intersections along Route 1 
would be greater than those generated by the Preferred Alternative, 
because neither the proposed Laderan Tiyan Parkway nor the north-south 
bypass road would be built.
    The Preferred Alternative would have significant impacts on potable 
water pressure, wastewater treatment capacity, and the demand for 
electricity. This Alternative would also have a significant cumulative 
impact on solid waste.
    While the supply of potable water is greater than the demand that 
would be generated by the Preferred Alternative, the 10-inch (diameter) 
water lines on the base do not maintain sufficient water pressure to 
provide adequate fire protection during peak periods of water use. 
Consequently, it would be necessary to install additional water lines 
or replace the 10-inch water lines.
    The Government of Guam's Agana Wastewater Treatment Plant does not 
have any excess capacity that could be used to treat the additional 
wastewater that would be generated under the Preferred Alternative. 
However, there is adequate excess capacity to treat wastewater at 
Guam's Northern District Wastewater Treatment Plant. Consequently, it 
would be necessary to redirect wastewater from the Agana Plant to the 
Northern District Plant. Additionally, sections of major sewer lines on 
the base do not have sufficient capacity to support the proposed 
redevelopment; thus, it would be necessary to replace those sewer 
lines.
    There is not enough reserve generating capacity on Guam to supply 
the proposed redevelopment with sufficient electricity. The 
redevelopment's projected annual consumption of electricity would 
exceed the Air Station's annual consumption of electricity and would 
also exceed the available excess generating capacity on the island. As 
a result, implementation of the Preferred Alternative would require the 
development of additional facilities to generate and transmit 
electricity. In addition, it would be necessary to rebuild the 
electrical distribution infrastructure at NAS Agana to meet the 
increased demand for electricity.
    The Preferred Alternative assumed that the new landfill at Guatali 
would replace the Ordot Landfill, which has no excess capacity and will 
close. Solid waste generated by the Preferred Alternative and other 
planned developments on the island would reduce the projected life of 
the new landfill. The acquiring entities, however, could take actions 
recommended by Guam's Integrated Solid Waste Management Plan such as 
the reuse, recovery, and recycling of solid waste that would reduce the 
cumulative impact to a less than significant level.
    The Preferred Alternative would not have a significant impact on 
air quality. Compliance with the regulatory requirements that control 
emissions such as the Clean Air Act, 42 U.S.C. 7401-7671q (1994), and 
Guam's Air Pollution Control Standards and Regulations, Guam Public Law 
24-322 (1998), would prevent significant impacts from stationary 
sources. If the roadway improvements described in the Reuse Plan were 
implemented, there would not be a significant regional or local impact 
on air quality from mobile sources. There would not be a significant 
impact on air quality from aircraft operations as a result of expanding 
the airport. However, further analysis by the Guam International 
Airport Authority would be required to ensure that the proposed 
increase in airport operations after expansion does

[[Page 33307]]

not exceed National Ambient Air Quality Standards.
    The Preferred Alternative would not have any adverse impacts on 
socioeconomic. It would create bout 4,500 jobs that would generate a 
payroll of about $20 million per year. These jobs would constitute only 
about 10% of the new jobs to be generated on Guam over the 20-year 
development period. Because the total projected job growth on Guam 
would exceed the projected population growth, it would be necessary to 
bring people to Guam to fill about 25% of the new jobs that would be 
created. This impact would be spread out over the 20-year development 
period. Thus, any social effects arising out of the migration of 
workers would be minimized. There would be sufficient time for the 
Government of Guam and the business community to develop training 
programs and employee the business community to develop training 
programs and employee support services and to ensure that an adequate 
work force is available when needed.
    The Preferred Alternative would have a significant impact on Guam's 
police and fire protection services. The establishment of new 
businesses and the development of regional roadways associated with 
redevelopment of the Air Station would place substantial demands on the 
police and fire departments. It would be necessary to increase the 
police and fire department. It would be necessary to increase the 
police and fire protection budgets by about 20 to 30 percent to satisfy 
these demands. The Preferred Alternative would not have a significant 
impact on Guam's health care services.
    The Preferred Alternative would not have a significant impact on 
cultural resources. Pursuant to Section 106 of the National Historic 
Preservation Act of 1966, U.S.C. 470f (1994), Navy conducted a cultural 
resource assessment and determined that one archaeological site, Site 
1562-T18, is eligible for listing on the National Register of Historic 
Places. This site is believed to be a temporary occupation site from 
the early latte period, an historical period for the Mariana Islands 
between 1200 A.D. and 1700 A.D., prior to European contact. Radiocarbon 
dating and ceramic analysis establish this site as one of the oldest 
sites identified on the northern plateau of Guam.
    Navy will include protective deed covenants in the conveyance 
documents to ensure protection and preservation of this archaeological 
site during redevelopment. In a letter dated May 24, 1999, the Guam 
Historic Preservation Officer concurred with Navy's determination that 
there would not be any adverse effect arising out of disposal and reuse 
of the Air Station if this archaeological site was protected by a deed 
covenant. In a letter dated July 8, 1999, the Advisory Council on 
Historic Preservation also concurred with Navy's determination.
    The Preferred Alternative would not have a significant impact on 
the environment arising out of the use of petroleum products or the use 
or generation of hazardous substances by the acquiring entities. 
Hazardous materials used and hazardous wastes generated by the Reuse 
Plan will be managed in accordance with Federal and local laws and 
regulations.
    Implementation of the Preferred Alternative would not have any 
impact on existing environmental contamination at the Air Station. 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 NAS Agana and subsequent reuse of the property under the 
various proposed alternatives. Minority and low income populations 
residing within the region will not be disproportionately affected.
    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, there 
would not be any large concentration of children, because the Reuse 
Plan emphasizes aviation, industrial, and commercial redevelopment. The 
Preferred Alternative would not impose any disproportionate 
environmental health or safety risks on children.

Mitigation

    Implementation of Navy's decision to dispose of NAS Agana 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. Navy will erect a fence around 
the one-acre freshwater marsh and upland buffer in the southwestern 
part of the Air Station.
    The FEIS identified and discussed those actions that will be 
necessary to mitigate the impacts associated with the reuse and 
redevelopment of NAS Agana. The acquiring entities, under the direction 
of Federal and local agencies with regulatory authority over protected 
resources, will be responsible for implementing necessary mitigation 
measures.

Comments Received on the Final EIS

    Navy did not receive any comments on the Final EIS.

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. Sec. 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 ``highers and best use'' as the 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 a zoning, 
physical characteristics, other private and public uses in the 
vicinity, neighboring improvements, utility services, access, road, 
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

[[Page 33308]]

codes. Unless expressly authorized by statute, the disposing Federal 
agency cannot restrict the future use of surplus Government property. 
As as 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 Navy must follow FPMR procedures for screening and disposing of real 
property when implementing base closures. Only when 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) of the DBCRA, may Navy apply 
disposal procedure other that 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 
closing installations. In Section 2903(c) or Public Law 103-160, 
Congress directed the Military Departments to consider each base 
closure community's economic needs and priorities in this property 
disposal process. Under Section 2905(b)(2)(E) of the DBCRA must consult 
with local communities before 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.(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 Services Act of 1949, 40 
U.S.C. Sec. 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. 10-47.304-9) 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 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 NAS Agana, reflected in the Reuse Plan, 
is consistent with the prescriptions 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 commercial 
aviation, industrial, commercial, and parks and recreational 
activities. The property's location, physical characteristics, existing 
infrastructure, and use as a civilian airport make it appropriate for 
the proposed uses.
    The proposed reuse of NAS Agana responds to local economic 
conditions, promotes rapid economic recovery from the impact of the Air 
Station's closure, 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 C.F.R. Parts 174 and 175, 59 Fed. Reg. 
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. Additional, it would not foster local economic 
redevelopment of the base and expansion of Guam's International 
Airport.
    The acquiring entities, under the direction of Federal 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 Naval Air Station Agana in a 
manner that is consistent with the Government of Guam's Reuse Plan for 
the property.

    Dated: May 9, 2000.
William J. Cassidy, Jr.,
Deputy Assistant Secretary of the Navy (Conversion and Redevelopment).
[FR Doc. 00-12964 Filed 5-22-00; 8:45 am]
BILLING CODE 3810-FF-M