[Federal Register Volume 66, Number 48 (Monday, March 12, 2001)]
[Notices]
[Pages 14361-14366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6047]


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DEPARTMENT OF DEFENSE

Department of the Navy


Record of Decision for the Disposal and Reuse of Surplus Navy 
Property Identified in the Guam Land Use Plan Update (GLUP '94)

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 surplus Navy 
property identified in the GLUP 94, Guam Land Use Plan Update (A Plan 
for Department of Defense Real Estate on Guam), dated April 1995 (GLUP 
'94). This surplus property is located in the United States Territory 
of Guam.
    Navy analyzed the impacts of the disposal and reuse of GLUP '94 
surplus Navy property in an Environmental Impact Statement (EIS) as 
required by NEPA. The EIS analyzed three reuse alternatives and 
identified the Reuse Plan for GLUP '94 Navy Properties, dated October 
1996 (Reuse Plan), prepared by the GLUP '94 Reuse Planning Committee 
and the Guam Economic Development Authority (GEDA), as the GEDA 
Recommended Alternative. The Government of Guam is the Local 
Redevelopment Authority for these surplus properties, as defined in the 
Department of Defense Rule on Revitalizing Base Closure Communities and 
Community Assistance, 32 CFR Sec. 176.20(a).
    The alternative chosen will use the GLUP '94 Navy properties for 
parks and recreation, historic and natural resource conservation, 
residential, commercial, resort, industrial, and agricultural land 
uses, and extensive regional roadway improvements. These land uses will 
meet the Navy 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. Selection of the specific means to achieve the 
proposed redevelopment is in the hands of the acquiring entities and 
the local zoning authorities.

Background

    In 1993, the Commander in Chief, United States Pacific Command 
assigned Navy to lead a review of all military land requirements on the 
island of Guam and develop a master plan for future DoD land use. Navy 
and the Department of the Air Force (Air Force) established the Guam 
Land Use Working Group to do a comprehensive review of military mission 
related land requirements on Guam.
    Navy prepared and distributed a resulting master plan, known as the 
GLUP '94. The GLUP '94 recommended consolidation of military activities 
in the northern and southern parts of the island and it identified more 
than 8,000 acres of releasable Air Force and Navy properties.
    Under the authority of the Defense Base Closure and Realignment Act 
of 1990, Public Law 101-510, 10 U.S.C. 2687 note (1994), the 1995 Base 
Realignment and Closure (BRAC) Commission recommended that Navy dispose 
of the property declared releasable under the GLUP '94, with 
appropriate restrictions. These recommendations were approved by 
President Clinton and accepted by the One Hundred Fourth Congress in 
1995.

Description of the Property

    The EIS analyzed the disposal and reuse of 2,798 acres of the 8,081 
acres identified in the GLUP '94. The analysis excluded the GLUP '94 
property owned by Air Force, Naval Air Station (NAS) Agana property 
covered under separate environmental documentation, 50 acres at 
Barrigada that will be transferred to the National Guard Bureau, 24 
acres consisting of the Agana, Piti and Tanguisson Power Plants that 
Navy plans to convey by special legislation and agreement, and 23 acres 
at New Apra Heights which was conveyed by the Secretary of Health and 
Human Services to the Government of Guam for the construction of the 
Agat-Santa Rita Wastewater Treatment Plant. In addition to the GLUP '94 
properties, the EIS analyzed the 92-acre NAS Agana Officers Housing 
property that was recommended for closure by the 1995 BRAC Commission.
    During the Federal screening process, the National Guard Bureau 
requested an interagency transfer of base closure property on Guam. 
Navy plans to transfer about 50 acres located in Barrigada to the 
National Guard Bureau for use in training activities and construction 
of additional facilities to support the Guam Army National Guard. This 
property consists of about 24 acres currently leased to the Guam Army 
National Guard and an additional 26 acres contiguous to the 24-acre 
site.
    The 20 GLUP '94 surplus Navy properties considered in the present 
NEPA study range in size from 2 acres to 698 acres and are found in the 
northern, Barrigada, central, and southern regions of Guam. Navy 
currently has no operations at any of the 20 properties slated for 
disposal. Combined, the 20 properties contain about 320 residential 
units and 17 structures that were formerly used for operations, 
training, printing, communications, storage, commercial, recreation, 
agriculture, infrastructure, and support activities. The open space and 
undeveloped areas contain vacant fields, closed landfills, a beach 
park, wetlands, ravine forests and forests with limestone soils, 
savanna grassland, and steeply sloped, heavily vegetated areas. There 
is a commercial quarry operation located on one property. There are 
also archaeological sites eligible for listing on the National Register 
of Historic Places on nine of the properties.
    Navy designated, in GLUP '94, the names and location numbers for 
each property. The northern region contains five properties totaling 
824 acres: The Federal Aviation Administration (FAA) Housing (N2) 
property; the Harmon Annex (N3) property; the Marine Drive Utility 
(N4b) property; the Tamuning Telephone Exchange (N4c) property; and the 
NAS Officers Housing property (a non-GLUP '94 property) located at 
former NAS Agana.
    The Barrigada region contains four GLUP properties totaling 773 
acres: The Barrigada Route 16 (N5a) property; the Barrigada Route 15 
(N5b) property; the Barrigada Hawaiian Rock (N5c) property; and the 
Barrigada Antenna Site (N5d) property.
    The central region contains five GLUP properties totaling 953 
acres: The Nimitz Hill Enlisted Housing (N10a) property; Nimitz Hill 
Vacant Lands (N10b) property; the Sasa Valley (N12a) property; the 
Tenjo Vista (N12b) property; and the Polaris Point (N14) property.
    The southern region contains six GLUP properties totaling 271 
acres: The New Apra Heights (N15) property; the Route 2A (N16) 
property; the Aflleje/Rizal Beach (N17) property; the Old Apra Heights 
(N18) property; the Navy Ordnance Annex North (West Parcel) (N19a) 
property; and the Navy Ordnance Annex North (East Parcel) (N19b) 
property.

The Environmental Analysis Process

    Navy published a Notice Of Intent in the Federal Register on April 
10, 1998, announcing that Navy would prepare an

[[Page 14362]]

EIS for the disposal and reuse of surplus Navy property on Guam. On May 
7, 1998, Navy held a public scoping workshop at the Chamorro Village in 
Agana, Guam; The scoping period concluded on May 26, 1998.
    Navy distributed the Draft EIS on May 14, 1999, and commenced a 45-
day public review and comment period that was extended until September 
15, 1999. Both oral and written comments were received. On August 26, 
1999, Navy held a public hearing at the Guam Hilton hotel in Agana.
    Navy's responses to the public comments concerning the Draft EIS 
were incorporated in the Final EIS (FEIS), which was distributed to the 
public on September 27, 2000, for a review period that concluded on 
October 23, 2000. Navy received one letter commenting on the FEIS.

Alternatives

    In the FEIS, Navy analyzed the environmental impacts of three reuse 
alternatives. Navy also evaluated a ``No Action'' alternative that 
considered leaving the property in caretaker status with Navy 
maintaining the physical condition of the property, providing a 
security force, and making repairs essential to safety.
    In Guam Executive Order No. 96-19, dated July 9, 1996, the Governor 
of Guam, Carl T.C. Gutierrez, assigned the requirement to develop and 
implement a reuse plan for the GLUP '94 properties to Guam Economic 
Development Authority (GEDA). Also in this order, the Governor created 
the GLUP '94 Reuse Planning Committee to assist GEDA in this task. In 
October 1996, the Reuse Planning Committee and GEDA prepared the Reuse 
Plan for GLUP '94 Navy Properties. The Reuse Plan was approved by the 
Guam Legislature on December 23, 1996, and signed by the Governor of 
Guam on January 2, 1997.
    The Reuse Plan provides general land use descriptions and estimated 
acreage. The Reuse Plan does not quantify development densities, such 
as number of and sizes of buildings and structures. The Reuse Plan also 
does not provide details of the infrastructure and roadway improvements 
required to support its proposed redevelopment of the properties.
    In order to analyze potential impacts on the environment, such as 
infrastructure, traffic, population change, and socioeconomic 
conditions, Navy made projections of the future development to estimate 
the number and size of the buildings and structures at each property 
that would be consistent with the Reuse Plan. Navy considered roadway 
expansion, easements, site constraints and used the then-applicable I 
Tano-ta Land Use Plan to estimate development densities.
    The I Tano-ta provided a framework to manage growth and land 
development on Guam. The plan provided guidelines for development 
intensities and zoning code performance standards. The I Tano-ta was 
passed by the Guam Legislature on April 17, 1998, as Guam Public Law 
24-171, and went into effect on May 1, 1999. However, the Guam 
Legislature repealed the law within a few days. Currently, the Governor 
of Guam has responsibility to act on the future of the I Tano-ta. GEDA 
has indicated that regardless of the status of the I Tano-ta, the 
proposed land uses under the Reuse Plan remain valid.

The Alternative Selected

    The selected alternative, identified in the FEIS as the GEDA 
Recommended Alternative, proposes a mix of land uses for the 20 
properties including development of parks, recreational areas, 
historical and natural resource conservation projects, residential, 
commercial, resort, industrial, and agricultural land uses, as well as 
extensive regional roadway improvements.
    The FAA Housing (N2) property covers about 698 acres along the 
coast of the Philippine Sea less than one mile south of Anderson Air 
Force Base. There were 89 residential units on this property that 
provided housing for FAA and Navy personnel, and these units were 
demolished due to irreparable damage from Typhoon Paka in 1997. The 
remainder of the land contains undeveloped forests with limestone 
soils. The selected alternative will develop a 128-room resort hotel, a 
225-acre 18-hole golf course, and 390 single-family residential units. 
Conservation and recreational areas will be set aside to protect the 
natural and cultural resources located on the cliff line.
    The Harmon Annex (N3) property, covering seven acres in an 
undeveloped area south of the FAA Housing property, contains a two-
story building (Building 50) and a storage shed. The structures are 
surrounded by grass fields and paved areas. The selected alternative 
will develop Building 50 as a community center.
    The Marine Drive Utility (N4b) property, covering 25 acres north of 
Marine Drive (Route 1) and west of Route 3, contains Building 169, a 
former Stars and Stripes facility. This grassy property is divided by 
an electric substation and is constrained by utility easements. The 
selected alternative will develop 150,000 square-feet of space for 
commercial activities.
    The two-acre Tamuning Telephone Exchange (N4c) property is found 
below the cliff line of Tiyan (NAS Agana) on the south side of Marine 
Drive. The exchange contains two buildings surrounded by paved areas. 
The selected alternative plans demolition of the two buildings an 
development of about 27,000 square feet of space of commercial 
activities.
    The NAS Officers Housing property at Tiyan covers 92 acres on top 
of a steep bluff. The selected alternative plans demolition of the 
existing 136 residential units. This alternative will also develop the 
Navy Post Exchange building as a neighborhood commercial center. The 
Government of Guam plans to build the Laderan Tiyan Parkway along the 
property's perimeter, which will provide an alternate access across the 
Tiyan plateau for the A.B. Won Pat Guam International Airport.
    The Barrigada Route 16 (N5a) property, covering 345 acres, is found 
about one half mile southwest of Tiyan, south of the Naval 
Communication Areas Master Station Western Pacific Barrigada, and east 
of the National Guard Armory and P.C. Lujon School. Most of the 
property is open area for agriculture, athletic fields, and closed 
landfills. The selected alternative will develop a 42-acre recreational 
park, a 20-acres sports complex, and 100,000 square feet of space for 
industrial activities and warehouses. The remainder of the property 
will support agriculture.
    The Barrigada Route 15 (N5b) property, located east of the 
Barrigada Route 16 parcel and the Navy's Admiral Nimitz Golf Course, 
covers 358 acres. Most of the land is undeveloped except for a vacant 
FAA Communications Building used most recently for golf course 
maintenance equipment storage. This property also contains closed 
landfills. The selected alternative will build about 1,500 affordable 
single-family residential units here.
    The Barrigada Hawaiian Rock (N5c) property, covering 15 acres, is 
found east of Route 15 and adjacent to the southeastern corner of the 
Barrigada Route 15 (N5b) property. Hawaiian Rock Products Corporation 
operates a quarry facility of 10 acres of the property. The selected 
alternative will allow the quarry operations to continue. This 
alternative will also permit development of about 3,000 square feet of 
space for industrial facilities and warehouses.
    The Barrigada Antenna Site (N5d) parcel is found east of Route 15 
and covers 55 acres that formerly supported

[[Page 14363]]

a Navy transmitter antenna. One building and four homes built by 
trespassers are located on the property's north end. The selected 
alternative will demolish these buildings; it will allow for 
construction of about 220 affordable single-family residential units 
and 10,000 square feet of space for commercial activities.
    The Nimitz Hill Enlisted Housing (N10a) property covers 120 acres 
in the central region in the municipality of Asan. This property 
contains 78 residential units, recreational facilities, and a Quonset 
hut. The enlisted housing was part of the larger United States Naval 
Station, Nimitz Hill Annex that extended to the southeast. The 
Department of Defense Education Activity High School and Navy's Flag 
Circle housing are located to the southwest. The selected alternative 
will use the existing residential units for affordable and social 
service housing and it will allow for construction of an additional 80 
single- and multi-family residential units here. This alternative will 
use the recreational facilities and it will preserve the property's 
steep slopes and dense vegetation.
    The Nimitz Hill Vacant Lands (N10b) parcel covers 183 acres south 
of Route 6 and the Nimitz Hill Enlisted Housing (N10a) property. A Navy 
Public works Center sewage pumping station is located in the northern 
part of the property. The selected alternative will develop about 
100,000 square feet of space in the northern part of the property for 
commercial and cultural facilities, such as hotels, shopping centers, 
theaters, museums and art galleries. In the southern part of the 
property, this alternative will build about 200 affordable residential 
townhouses along Mount Alutom Road. The remaining undeveloped forests 
will be set aside for hiking trails and conservation.
    The nine-acre Sasa Valley (N12a) property, found in the central 
region municipality of Piti, was part of a former Navy tank farm. There 
are no structures on the property and it is steeply sloped and heavily 
vegetated. The selected alternative will allow for possible expansion 
of the Guam Veterans Cemetery located to the north and set aside the 
remainder of the property for conservation.
    The Tenjo Vista (N12b) parcel, covering 559 acres, contains steeply 
sloped forests and wetlands. The property is located to the east of 
Route 1 (Marine Drive), the Polaris Point (N14) property, and both 
Inner and Outer Apra Harbor. There are active and inactive petroleum 
lines that lie beneath the property; the center of the property was a 
tank farm. The selected alternative will develop about 3,000 square 
feet of space for commercial activities along Marine Drive and it will 
set aside about 480 acres for conservation.
    The Polaris Point (N14) property covers 82 acres and is found west 
of Marine Drive across from the Tenjo Vista (N12b) property. Polaris 
Point Access Road crosses the property from east to west and provides 
access to the retained Polaris Point Navy facilities. Outer Apra Harbor 
lies northeast of the property and Inner Apra Harbor lies southwest. 
There are wetlands on the northern part of the property. The southern 
part of the property contains one building and concrete berms remaining 
from the former Naval Supply Depot drum storage and waste facility. The 
selected alternative will develop about 50,000 square feet of space for 
industrial activities and warehouses and it will also preserve the 
wetlands.
    The New Apra Heights (N15) property, covering 102 acres of 
undeveloped land, is found in the southern region municipality of Santa 
Rita. Steep slopes and swamp forest wetlands characterize the site. The 
selected alternative will support the development of a Government of 
Guam wastewater treatment plant, the widening of Routes 2A and 5, and 
set aside the remainder of the property for conservation.
    The Route 2A (N16) property, covering 15 acres, is found in the 
southern region in the municipality of Sanata Rita and west of the New 
Apra Heights (N15) property. The property contains foundations from a 
demolished building. The selected alternative plans development of 
about 32,000 square feet of space for commercial and office uses.
    The Aflleje/Rizal Beach (N17) property covers 16 acres and is found 
in the southern region in the municipality of Santa Rita. The property 
is bounded on the north by the Apra Harbor Naval Complex; on the east 
by Shoreline Drive (Route 2) and the Public Works Center Guam landfill; 
on the south by The War in the Pacific National Historical Park; and on 
the west by Agat Bay. The selected alternative will continue use of the 
property as a beach park and for conservation.
    The Old Apra Heights (N18) property, a linear strip of undeveloped 
land located east of Cross Island Road (Route 17) in the municipality 
of Santa Rita, covers 13 acres. The property is traversed by access 
roads (driveways) that lead to private residence found further to the 
east. There is a Guam Power Authority electrical substation adjacent to 
the southern part of the property. The selected alternative will 
develop industrial activities on about 4.5 acres to support the Guam 
Power Authority's activities. This alternative will also develop 5,000 
square feet of space for small neighborhood businesses on the remaining 
8.5 acres.
    The Navy Ordnance Annex North (west) (N19a) property covers 50 
acres and it consists of undeveloped land with steep slopes and dense 
vegetation. It is found in the municipality of Santa Rita along Route 5 
and surrounds the Tupo Reservoir. The selected alternative uses the 
property for parks and recreational activities.
    The Navy Ordnance Annex North (east) (N19b) property, covering 52 
acres, is found directly east of the Navy Ordnance Annex North (west) 
property on the other side of Route 5. Seventeen vacant residential 
units are in the southern part of the property, while the northern part 
of the property is undeveloped. The selected alternative will use the 
existing residential units and allow for development of about 11,000 
square feet of space to support development of a youth camp.

Other Alternatives

    Navy analyzed a second ``action'' alternative, described in the 
FEIS as the Lower Intensity Alternative. This alternative considers 
development of the GLUP '94 properties with more open space and less 
construction. Under this scheme, some existing facilities will be 
renovated rather than expanded, and fewer new buildings will be built.
    In general, the Lower Intensity Alternative reduces the build-out 
proposed by the selected alternative by one-half. It proposes a smaller 
resort at the FAA Housing parcel, and would not develop a golf course. 
Residential development is reduced, with most of the residential units 
to be located in the northern and Barrigada regions. There would be 
less commercial development in residential neighborhoods. The Lower 
Intensity Alternative develops about half of the square footage 
proposed by the selected alternative for commercial facilities and 
warehouses. This alternative develops no industrial facilities at the 
Polaris Point (N14) property. Finally, the Guam Veterans Cemetery, the 
barrigada Sports Complex, and agricultural activities in Barrigada are 
not expanded.
    Navy analyzed a third``action'' alternative, described in the FEIS 
as the Higher Intensity Alternative. Reuse would be similar to that 
proposed under the selected alternative, but with an increase in 
development densities approaching the maximum allowed

[[Page 14364]]

under Guam's then-applicable I Tano-ta land use and zoning guidelines. 
The Higher Intensity Alternative would allow for more new construction 
and development than that proposed under the selected alternative.
    The Higher Intensity Alternative develops a larger resort in the 
northern region and it builds a 27-hole golf course at the FAA Housing 
(N2) property. This alternative builds a larger building at the Harmon 
Annex (N3) property for educational, office or community center 
activities. The Higher Intensity Alternative also develops larger 
residential subdivisions on all the properties where housing was 
proposed under the selected alternative. Compared to the selected 
alternative, the Higher Intensity Alternative would double the amount 
of proposed square footage of commercial and industrial facilities on 
several properties. This alternative also allows the Guam Power 
Authority to build a base load-generating power plant on the Rizal/
Aflleje Beach (N17) property.

Environmental Impacts

    Navy analyzed the direct, indirect, and cumulative impacts of each 
alternative. Effects on soils, geology, topography, hydrology, air 
quality, land use compatibility, noise, cultural resources, terrestrial 
biota and habitat, marine environment, roads and traffic, 
infrastructure, socioeconomic conditions, public services, and public 
health and safety are discussed in detail in the Environmental Impact 
Statement.

Significant Effects

    The selected alternative will have a significant impact on land use 
compatibility. The proposed residential development on the Barrigada 
Route 15 (N5b) property is incompatible with the existing Hawaiian Rock 
Products Corporation quarry operations located on the Barrigada 
Hawaiian Rock (N5c) property. These incompatibilities could be 
mitigated by the use of buffers, screening, setbacks, and noise 
attenuation measures. This alternative would not have a significant 
impact on visual resources.
    The selected alternative will have significant noise impacts on the 
new housing to be built on the NAS Officers Housing property and in the 
Barrigada region. The proposed residential development at the NAS 
Officers Housing property would be subject to vehicular noise along the 
proposed Laderan Tiyan Parkway. The proposed residential development in 
Barrigada would be subject to noise generated by the Hawaiian Rock 
Products Corporations' quarry operations. The impacts from noise could 
be mitigated by the use of buffers and noise attenuation measures.
    The selected alternative could have a significant unmitigable 
impact on cultural resources. Pursuant to Section 106 of the National 
Historic Preservation Act of 1966, 16 U.S.C. 470f, (1994), and its 
implementing regulations, Protection of Historic Properties, 36 CFR 
part 800, Navy conducted a cultural resource assessment and determined 
that nine GLUP properties are known to contain historic sites, 
structures, or objects that are either listed or eligible for listing 
on the National Register of Historic Places. These nine properties are 
FAA Housing (N2), Barrigada Route 15 (N5A), Barrigada Route 16 (N5B), 
Nimitz Hill Enlisted Housing (N10A), Nimitz Hill Vacant Lands (N10B), 
Sasa Valley (N12A), Tenjo Vista (N12B), Polaris Point (N14), and Rizal/
Aflleje Beach (N17).
    Navy has completed consultation with the Advisory Council on 
Historic Preservation and the Guam Historic Preservation Officer 
pursuant to Section 106 and its implementing regulations. These 
consultations identified actions that Navy must take before it conveys 
GLUP '94 property and actions that the acquiring entities must take to 
avoid or mitigate adverse impacts on the archaeological sites that are 
listed or eligible for listing on the National Register. These 
obligations were set forth in a Programmatic Agreement, dated July 13, 
2000, among Navy, the Advisory Council on Historic Preservation, and 
the Guam Historic Preservation Officer.
    Navy will include a protective deed covenant in the conveyance 
documents for all historic properties. The provisions in the deed 
covenant will require that the acquiring entities: Obtain the express 
written permission of the Guam Historic Preservation Officer prior to 
undertaking actions that would disturb the ground of a historic site, 
make reasonable efforts to prevent vandalism or other disturbances, and 
permit the Guam Historic Preservation Officer the right to inspect the 
archaeological site at all reasonable times.
    Under terms of the Programmatic Agreement, all projects sponsored, 
funded or authorized by the Government of Guam or GEDA that have the 
potential to affect historic properties will undergo review in 
accordance with Title 21 Guam Code Annotated, Chapter 76, Historical 
Objects and Sites (1994). As the selected alternative will develop 
several properties containing historic sites, the Guam Historic 
Preservation Officer's permission must be obtained and archaeological 
data recovery or other protective measures may be required.
    The selected alternative will have significant impacts on traffic 
and circulation. By the year 2010, traffic volumes on affected roadway 
segments will increase from as little as one percent to as much as 40 
percent on heavily affected routes. Implementation of this alternative 
will impact key intersections in the northern, Barrigada, and southern 
regions of Guam. With the exception of one northern region intersection 
at Routes 1 and 16, these impacts could be mitigated by the 
installation of traffic signals and turning lanes, realignment of 
intersection approaches, widening of roads, and increasing alternative 
transportation programs.
    The selected alternative will have a significant cumulative impact 
on the demand for electricity. The demand for electricity by this 
alternative and other planned developments on Guam would require the 
Guam Power Authority to develop new electrical capacity earlier than 
previously projected. The selected alternative will upgrade or replace 
the electrical distribution systems at each property during 
redevelopment.
    The selected alternative will have a significant impact on schools. 
This alternative's proposed residential development will substantially 
increase the number of students in the northern, Barrigada, and 
southern regions of the island. Local schools in Guam are already at 
capacity and in some cases the schools are over capacity. The Reuse 
Plan does not propose to build new schools on the GLUP properties.
    The selected alternative will have significant cumulative impacts 
on Guam's health care, police, fire protection, and civil defense 
services. The new residential development in the northern and Barrigada 
regions proposed by the selected alternative and other planned 
developments on Guam will substantially increase the demand for these 
public services.

Less Than Significant Impacts of Disposal and Reuse

    The selected alternatives will not have a significant impact on 
soils, geology, or topography. The Guam Environmental Protection Agency 
requires soil erosion control measures for new construction that will 
minimize soil erosion. Guam is located in a highly active seismic 
region. New construction activities will be required to meet current 
building codes governing seismic safety.

[[Page 14365]]

    The selected alternative will not have a significant impact on 
storm water runoff and drainage patterns, surface and groundwater 
quality, or aquifer recharge potential. This alternative will alter 
drainage patterns and substantially increase the quantity of storm 
water runoff on eight properties (Harmon Annex, Marine Drive Utility, 
Tamuning Telephone Exchange, NAS Officer Housing, Barrigada Route 15, 
Antenna Site, Nimitz Hill Enlisted Housing, and Nmitz Hill Vacant 
Lands), with the largest increase (48 percent) at the proposed 
Barrigada Route 15 residential development. Runoff will be controlled 
by measures imposed by the Guam Environmental Protection Agency. 
Compliance with regulatory requirements, Best Management Practices, and 
spill prevention plans will minimize the potential for future 
groundwater contamination. The selected alternative will not have a 
significant impact on aquifer recharge potential.
    Six GLUP '94 properties contain flood hazard zones: Tamuning 
Telephone Exchange, Barrigada Route 16, Tenjo Vista, Polaris Point, 
Route 2A, and Aflleje/Rizal Beach. Development in flood zones must 
comply with Guam's floodplain management regulations. Additionally, in 
accordance with Executive Order 11988, Floodplain Management, 3 CFR 117 
(1978), Navy will place a notice in the conveyance document that 
describes those uses that are restricted under Federal and local 
floodplain regulations.
    Five properties contain wetlands: Barrigada Route 16, Barrigada 
Route 15, Tenjo Vista, Polaris Point, and New Apra Heights. Compliance 
with Federal and local regulations governing development in wetlands 
will prevent significant impacts. Additionally, in accordance with 
Executive Order 11990, Protection of Wetlands, 3 CFR 121 (1978), Navy 
will place a notice in the conveyance document that describes those 
uses that are restricted under Federal and local wetland regulations.
    The selected alternative will 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), will prevent significant impacts from stationary 
sources. Emissions from vehicular sources are not expected to exceed 
Federal regulations; therefore, no significant impacts on air quality 
are anticipated.
    The selected alternative will not have a significant impact on 
terrestrial biota and habitats. Navy consulted with the United States 
Fish and Wildlife Service under section 7 of the Endangered Species Act 
of 1973, 16 U.S.C. 1536 (1994). In a letter dated January 18, 2000, the 
Fish and Wildlife Service concurred with Navy's determination that the 
proposed disposal and reuse, as outlined in the Reuse plan, of the 
surplus Navy properties is not likely to adversely affect the following 
Federally-listed endangered species on Guam: the fire tree (Serianthes 
nelsonii), Mariana crow (Corvus kubayi), Mariana fruit bat (Pteropus 
mariannus mariannus), Mariana common moorhen (Gallinula chloropus 
guami), and the Federally-listed threatened green sea turtle (Chelonia 
mydas).
    The acquiring entities will be required to prepare Environmental 
Protection Plans (EPPs) pursuant to the Water Pollution Control Act, 
Title 10, Guam Annotated Code, Part 2, Ch. 47. EPPs are management 
plans that identify protective measures and constraints for individual 
projects that must be submitted to Guam environmental Protection Agency 
for review and approval. The Government of Guam and the Fish and 
Wildlife Service executed a Memorandum of Understanding (MOU) to 
establish and maintain a program for the conservation of Federally 
listed threatened and endangered species.
    The selected alternative will not have significant impact on marine 
resources or Federally listed threatened or endangered marine species. 
Navy engaged in consultation with the National Marine Fisheries Service 
under section 7 of the Endangered Species Act. In a letter dated 
December 23, 1999, the National Marine Fisheries Service concurred that 
the proposed disposal and reuse of the surplus Navy properties would 
not likely adversely affect Federally listed threatened or endangered 
marine species.
    The selected alternative will not have significant impacts on 
potable water, wastewater collection and treatment facilities, and the 
capacity for solid waste disposal. The Guam Waterworks Authority has 
projected that the island will have an excess capacity of 10 million 
gallons per day (mgd) of potable water in 2010. The projected demand 
for potable water under the selected alternative will be about 1.5 mgd, 
which is below the available excess capacity of 10 mgd.
    There is adequate capacity available at the three wastewater 
treatment plants (the Northern District Wastewater Treatment Plant 
(WWTP), the Agana WWTP, and the Agat WWTP) that are planned to service 
the GLUP properties. The selected alternative will upgrade or replace 
the wastewater and treatment distribution systems at each property 
during redevelopment.
    The selected alternative assumed that new solid waste facilities 
would be developed because the Ordot Landfill, which has no excess 
capacity, will close. The amount of solid waste generated by this 
alternative is projected to be less than three percent of the total 
municipal solid waste generated on Guam in the year 2008. Guam's 
Integrated Solid Waste Management Plan recommends the reuse, recovery, 
and recycling of solid waste to lessen the impacts on solid waste 
facilities.
    The selected alternative will not have significant adverse 
socioeconomic impacts. This alternative will create over 2,000 jobs 
that will generate a payroll of about $32 million per year. It is 
expected that residents of Guam will fill the new commercial and 
industrial jobs.
    The selected alternative will not have a 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 entity. 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 selected alternative will not have an impact 
on public health and safety at the GLUP '94 properties. 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. After the property is conveyed, Navy will assist the 
acquiring entities in the removal and disposal of newly discovered 
unexploded ordnance to the extent required by then-applicable federal 
laws and regulations and then-applicable Navy and DoD policies, subject 
to Congressional authority and the availability of appropriated funds.
    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 
human health,

[[Page 14366]]

socioeconomic, and environmental effects of the various proposed 
alternatives. Minority and low-income populations residing within the 
regions where the GLUP properties are located 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 selected alternative, the 
largest concentration of children would be present in the residential, 
educational, and recreational areas. The selected alternative would not 
pose any disproportionate environmental health or safety risks to 
children.

Mitigation

    Implementation of Navy's decision to dispose of the surplus 
property does not require Navy to implement any mitigation measures. 
Navy will take certain actions to implement existing agreements and 
regulations. These actions are treated as agreements or regulatory 
requirements rather than mitigation.
    The FEIS identified and discussed those actions that will be 
necessary to minimize or avoid the impacts associated with the reuse 
and redevelopment of the GLUP '94 Navy surplus property. The acquiring 
entities, under direction of Federal and local agencies with regulatory 
authority over protected resources, will be responsible for 
implementing necessary mitigation measures following disposal of the 
property.

Comments Received on the Final EIS

    Navy received comments on the FEIS from the Earthjustice Legal 
Defense Fund, a private organization writing on behalf of the Center 
for Biological Diversity. All of the substantive comments concerned 
issues already discussed in the FEIS.

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, 41 CFR 
part 101-47, and the Department of Defense Rule on Revitalizing Base 
Closure Communities and Community Assistance, 32 CFR parts 174 and 175.

Conclusion

    The Local Redevelopment Authority has determined in its Reuse Plan 
that the GLUP '94 surplus Navy properties should be used for various 
purposes including parks and recreational, historical and natural 
resource conservation, residential, commercial, resort, industrial, and 
agricultural activities. The property's location, physical 
characteristics, existing infrastructure, as well as current uses of 
adjacent property make it appropriate for the proposed uses.
    Although the ``No Action'' Alternative has less potential for 
causing adverse environmental impacts, this alternative would not 
result in more efficient Navy operations or lower operational costs. 
Additionally, it would not foster local economic redevelopment and 
would not create new jobs.
    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 the GLUP '94 surplus Navy 
property in a manner that is consistent with the Government of Guam's 
Reuse Plan for the property.

    Dated: March 2, 2001.
Duncan Holaday,
Deputy Assistant Secretary, (Installations and Facilities).
[FR Doc. 01-6047 Filed 3-9-01; 8:45 am]
BILLING CODE 3810-FF-M