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

DEPARTMENT OF DEFENSE

Department of the Navy

Record of Decision for the Disposal and Reuse of Naval

Construction Battalion Center Davisville, North Kingstown, Rhode Island

SUMMARY: The Department of the Navy (Navy) pursuant to section

102(2)(C) of the National Environmental Policy Act of 1969 (NEPA), 42

U.S.C. 4332(2)(C), and the regulations of the Council on Environmental

Quality that implement NEPA procedures, 40 CFR parts 1500-1508, hereby

announces its decision to dispose of Naval Construction Battalion

Center Davisville (CBC Davisville), North Kingstown, Rhode Island.

Navy intends to dispose of the property in a manner that is

consistent with the Preferred Development Plan that was set forth in

the Comprehensive Reuse Plan prepared by the Davisville Naval

Construction Battalion Center Base Reuse Committee (BRC), a committee

appointed by the Governor of Rhode Island to formulate a redevelopment

plan for CBC Davisville. The Preferred Development Plan was adopted by

the State of Rhode Island and Providence Plantations and the Town of

North Kingstown.

The Preferred Development Plan, described in the Reuse Plan as

Alternative Reuse Scenario 4, is identified in the Final Environmental

Impact Statement (FEIS) as the Preferred Alternative. This Plan

proposes a mixed

[[Page 40056]]

land use approach that would use about half of the Base for commercial

and industrial activities and reserve the remaining property for

recreational activities and open space.

In deciding to dispose of CBC Davisville in a manner that is

consistent with the Preferred Development Plan, Navy has determined

that a mixed land use will meet the goals of local economic

redevelopment and creation of new jobs, while limiting adverse

environmental impacts and ensuring land uses that are compatible with

adjacent property. This Record Of Decision does not mandate a specific

mix of land uses. Rather, it leaves selection of the particular means

to achieve the proposed redevelopment to the acquiring entity and the

local zoning authority.

Background

The 1991 Defense Base Closure and Realignment Commission

recommended closure of Naval Construction Battalion Center Davisville.

This recommendation was approved by President Bush and accepted by the

One Hundred Second Congress in 1991. Operations at CBC Davisville

ceased on April 1, 1994, and the property has been in caretaker status

since that date.

The Base is located within the corporate limits of the Town of

North Kingstown, about 18 miles south of the City of Providence. The

909-acre property consists of two parcels, the Main Site comprising

about 839 acres and the West Davisville property comprising 70 acres

(also referred to as the West Davisville Storage District) located

about one mile from the Main Site.

The 839-acre Main Site is divided into six areas: the

Administrative Triangle, the Warehouse Area, the Construction Equipment

Department (CED) Area, the Davisville Pier Support Area, the Allen

Harbor Landfill, and Calf Pasture Point. The 70-acre West Davisville

property contains four warehouses.

When CBC Davisville was initially slated for closure, the Base had

a third component known as Camp Fogarty that was located four miles

west of the Main Site in the Town of East Greenwich. This 374-acre site

contains classrooms, storage facilities, an armory, combat training

areas, and rifle and pistol ranges. On January 26, 1993, Navy

transferred this property to the Department of the Army for use by the

Rhode Island National Guard. Thus, Navy did not consider the Camp

Fogarty property in this NEPA process.

Navy published a notice of intent in the Federal Register on

September 10, 1993, announcing that Navy would prepare an Environmental

Impact Statement (EIS) to analyze the impacts of disposal and reuse of

the land, buildings and infrastructure at CBC Davisville. A thirty-day

public scoping period was established, and Navy held a public scoping

meeting on September 28, 1993, at North Kingstown High School.

On February 25, 1994, Navy distributed a Draft Environmental Impact

Statement (DEIS) to Federal, State and local agencies, interested

parties and the general public. Navy held a public hearing at North

Kingstown High School on March 29, 1994. During the forty-five day

review period after publication of the DEIS, Federal agencies, Rhode

Island State agencies, local government agencies and the general public

submitted written comments.

These comments and Navy's responses were incorporated in the FEIS,

which was distributed to the public on March 3, 1995, for a thirty-day

review period that concluded on April 2, 1995. Navy received comments

on the FEIS from the United States Environmental Protection Agency, the

Rhode Island Economic Development Corporation, the Rhode Island

Department of Environmental Management, the Rhode Island Department of

Transportation, and the Rhode Island Historical Preservation and

Heritage Commission.

Alternatives

NEPA requires Navy to evaluate a reasonable range of alternatives

for the disposal and reuse of this Federal property. In the NEPA

process, Navy analyzed the environmental impacts of four ``action''

alternatives and a ``No action'' alternative. The ``No action''

alternative would leave the property in a caretaker status with Navy

maintaining the physical condition of the property, providing a

security force, and making repairs essential to safety.

As the basis for its analysis of the ``action'' alternatives, Navy

relied upon the reuse and redevelopment alternatives developed by the

BRC when planning future uses of the closed facilities. The BRC

analyzed various redevelopment scenarios and land uses, prepared a

Comprehensive Reuse Plan, and selected the Preferred Development Plan.

The State of Rhode Island and Providence Plantations adopted the

Preferred Development Plan and presented it to the Department of the

Navy on January 11, 1994.

The Preferred Alternative, designated in the FEIS as Alternative

Reuse Scenario 4, is the Preferred Development Plan that was set forth

in the Comprehensive Reuse Plan. This alternative proposes a mix of

commercial and industrial facilities, institutional and office spaces,

a dredge material disposal area, an expanded marina, a conference

center, a park, and open space.

At the Main Site, the Administrative Triangle would be used for

offices, educational facilities, and open space. The Warehouse Area

would contain an industrial park and a medical facility. The CED Area

is located in the designated safety zone for the runway of the adjacent

Quonset Airport. This area would have light industrial and

administrative facilities, and development would be limited as a result

of the overlying safety zone. Part of this area would be used to

dispose of dredge material generated by dredging operations at the

adjacent Davisville piers. Another part of this area would be used to

expand the existing marina at Allen Harbor.

The Davisville Pier Support Area would contain waterfront

industrial activities, a conference center, and residential facilities.

The Allen Harbor Landfill would be used as open space. Calf Pasture

Point would be used as a park and public beach. The West Davisville

area warehouses would be used for storage and light industrial

activities.

In the NEPA process, Navy considered a second ``action''

alternative, described in the FEIS as Alternative Reuse Scenario 1,

which also proposed a mixed use redevelopment. The Administrative

Triangle would contain offices, educational facilities, and open space.

The Warehouse Area would consist of an industrial park and a medical

facility. As in the first ``action'' alternative, the CED Area, located

in the designated safety zone for the Quonset Airport runway, would

contain open storage and industrial facilities, a dredge material

disposal area, and a marina. Development here would be similarly

limited as a result of the overlying safety zone.

The Davisville Pier Support Area would be used as a staging and

storage area for pier activities, for light industrial facilities, and

for a conference center. The Allen Harbor Landfill and Calf Pasture

Point would be used for passive recreational and conservation

activities. The West Davisville property would be used as storage

facilities and for future industrial development.

A third ``action'' alternative, described in the FEIS as

Alternative Reuse Scenario 2, proposed another mixed use redevelopment.

The Administrative Triangle would be used

[[Page 40057]]

for offices, educational facilities, and open space. The Warehouse Area

would contain an industrial park and a medical facility. The CED Area

would be used for recreational activity and a town public works

facility. The Davisville Pier Support Area would be used as a staging

and storage area for pier activities and as a support area for fishing

and aquacultural businesses. The Allen Harbor Landfill and Calf Pasture

Point would be used for passive recreational activity and military

training exercises. The West Davisville property's warehouses would be

used for storage and light industrial activities.

The final alternative, described in the FEIS as Alternative Reuse

Scenario 3, proposed a mixed use similar to that set forth in the

Preferred Development Plan. The Administrative Triangle would be used

for offices, educational facilities, and open space. The Warehouse Area

would consist of an industrial park and a medical facility. The CED

Area would be developed as a recreational theme park. The Davisville

Pier Support Area would be used as a staging and storage area for pier

activities, light industrial facilities, and a residential

neighborhood. The Allen Harbor Landfill and Calf Pasture Point would be

used for active recreational activity related to the theme park. The

West Davisville property would be used for storage and light industrial

activities.

Environmental Impacts

Navy analyzed the potential impacts of the four ``action''

alternatives and the ``No action'' alternative for their effects on

adjacent land use, aesthetics, terrestrial and aquatic habitats,

wetlands and floodplains, water quality, topography and soils, air

quality, noise, transportation, socieconomics, infrastructure and

utilities, community services, cultural resources, and planned

environmental remediation. This Record of Decision focuses on the

impacts that would likely result from implementing the Preferred

Development Plan set forth in the Comprehensive Reuse Plan proposed by

the State.

Implementation of the Preferred Development Plan would not result

in significant impacts on adjacent land use, because this proposal is

generally compatible with surrounding land uses. Minor potential land

use impacts could result, however, along the northern edge of CBC

Davisville where administrative and light industrial activities would

be located near existing residences. Thus, the Preferred Development

Plan provides for a 75-foot wide landscaped area along the northern

boundary of the Administrative Triangle and the CED Area to provide a

buffer between these incompatible land uses.

The Preferred Development Plan would not result in significant

adverse impacts on aesthetics. The acquiring entity would be

responsible for site improvements, including new streets, lighting, and

landscaping as described in the Plan. When implemented, these

improvements will enhance the aesthetic quality of the CBC Davisville

property.

Implementation of the Preferred Development Plan would not result

in significant impacts on terrestrial and aquatic habitats. Indeed, it

would cause negligible impacts on most property at the Base and only

moderate impacts on those areas where intense uses of the land will

occur. For example, the increased activity and noise associated with

active recreational use of Calf Pasture Point will disturb the

terrestrial habitat there. Similarly, in the CED Area, existing

vegetation would be removed as a result of the dredge material disposal

operation. Additionally, the aquatic habitat in the CED Area would be

affected by expansion of the Allen Harbor marina.

There would be no significant impacts on species listed on the

Federal Threatened or Endangered Species List, because none have been

reported present at CBC Davisville. However, transient bald eagles and

peregrine falcons could visit the property during their migration

periods. The United States Fish and Wildlife Service has informed Navy

that the proposed redevelopment would not cause any adverse effects on

these species.

Two hundred eighty-seven acres of property at CBC Davisvillle are

located in the 100-year floodplain. Forty-six of those acres have been

proposed for redevelopment, and the rest will remain undeveloped. Any

building constructed within that floodplain must comply with the

structural design provisions of the National Flood Insurance

Regulations, 23 CFR 650.115. Under the Preferred Development Plan,

about seventy acres of wetlands on the Base will be protected from

future development.

The Preferred Development Plan would not likely cause any

significant impacts on water quality. Any redevelopment near streams,

wetlands, and shorelines must, of course, comply with the development

policies of Rhode Island's Coastal Resources Management Program.

Coastal Resources Management Council Regulations 04 000 010, Part

Three.

There would not likely be any significant increase in uncontrolled

stormwater runoff into streams, because the acquiring entity must

implement the stormwater management practices that are prescribed by

Rhode Island's Water Quality Regulations. RIDEM WQM 04 000 010 Section

300. Any activities that may affect water quality, i.e., by

sedimentation and erosion, must first be reviewed under the State's

water quality certification program. Rhode Island Water Quality

Regulations, RIDEM DWR 12 190 001 Rules 1-22. A Rhode Island Pollution

Discharge Elimination System permit will be required for any

development project that is five acres or larger. Regulations for Rhode

Island Pollutant Discharge Elimination System, RIDEM DWR 12 190 003

Rules 1-60.

The proposed expansion of the Allen Harbor marina at the CED Area

is incompatible with the existing water quality classification and

would not likely be approved by the State. See Rhode Island Water

Quality Classification Descriptions, RIDEM DWR 190 001 Appendix A, and

Rhode Island Water Criteria for Classifications of Waters of the State,

RIDEM DWR 14 180 001. Thus, to implement the Preferred Development

Plan, the acquiring entity must obtain a change in the water quality

classification from Rhode Island's Department of Environmental

Management.

The Preferred Development Plan proposes to build a dredge material

disposal facility in the CED Area adjacent to Allen Harbor. This

facility would incorporate runoff interceptors, e.g., engineered dikes

and staked hay bales, to protect the adjacent wetlands and Allen Harbor

from silt-laden runoff. The acquiring entity will be responsible for

obtaining applicable environmental permits and approvals for this

project as required by Rhode Island's Coastal Resources Management

Program. Coastal Resources Management Council Regulations 04 000 100,

Parts Two and Three.

Implementation of the Preferred Development Plan would not

significantly affect the topography or soils at CBC Davisville, because

90 percent of the land is flat and already disturbed from previous

development.

Redevelopment of the Base under the Preferred Development Plan

would affect local ambient air quality. The extent to which the air

quality would be affected will be determined by the nature and extent

of stationary sources that are developed on the property and the amount

of mobile source emissions. Industrial activities with air contaminant

sources will be required to obtain the necessary approvals and permits

from Rhode Island's Department of Environmental Management before they

may operate on the property. Air

[[Page 40058]]

Pollution Control Regulations, RIDEM DAW 12 031 009, Regulation No. 9.

With respect to mobile sources, ambient air quality in the vicinity

of CBC Davisville will be affected by motor vehicle traffic associated

with businesses that locate on the property. However, due to the

relatively small increase in the number of vehicles (about 4,700)

associated with redevelopment over a 20-year period, the increase in

regional ozone attributable to the redevelopment would be negligible.

As a result of implementing the Preferred Development Plan, traffic

levels at the intersections of Route 1 and Roger Williams Way, Route 1

and Newcomb Road, Davisville Road and Roger Williams Way, and Devil's

Foot Road and Namcook Road may produce emissions that exceed the one-

hour National Ambient Air Quality Standard for carbon monoxide. 40 CFR

50.8. However, these potential impacts would be mitigated by the

construction of a planned, new access route that would link Route 4

with the Quonset Point/Davisville area.

Implementation of the Preferred Development Plan would not result

in significant long term impacts on the ambient noise environment. The

construction of a 75-foot wide landscaped area along the northern

boundary of the Administrative Triangle and CED Area will mitigate

potential noise impacts on the nearby residential area arising out of

industrial activity. While another residential area borders Calf

Pasture Point, that property would not be redeveloped under the

Preferred Development Plan.

There would not be any significant impacts on transportation

arising out of implementation of the Preferred Development Plan. The

plan would redevelop CBC Davisville to provide office and institutional

space, warehouses, industrial facilities, and pier support facilities.

These activities would increase automotive, truck, rail, and marine

traffic over current levels at the Base. Although the existing rail

system on the Base is sufficient to accommodate these reuse proposals,

it will be necessary to improve the port facilities to accommodate the

projected increase in marine traffic. The port improvements described

in the Preferred Development Plan would be adequate to support those

increases.

Access to and from the regional transportation routes, including

Route 4, Route 1, and Interstate Highway 95, currently involves delays

at the intersections of Davisville Road and Roger Williams Way and

Devil's Foot Road and Namcook Road. In order to mitigate existing and

future transportation problems at these intersections, a new access

route linking Route 4 with the Quonset Point/Davisville area will be

built by the Rhode Island Department of Transportation.

Implementation of the Preferred Development Plan would not result

in any significant adverse socioeconomic impacts on the local

community. Indeed, the Preferred Development Plan would create about

4,700 new jobs. While the plan may cause a modest increase in local

population, it is likely that many unemployed and underemployed

residents will assume the new jobs. In any case, the redevelopment

would occur gradually over a 20-year period that will minimize growth

problems in both the town and the county.

The Preferred Development Plan would have various impacts on the

community's infrastructure and utilities. The wastewater treatment

plant has a capacity to treat 2.6 million gallons per day (mgd). The

redevelopment of CBC Davisville, by itself, would not likely produce

wastewater treatment requirements that exceed this capacity. In concert

with other development in the area, however, redevelopment of the base

would contribute to an eventual need to expand the treatment plant.

Thus, the Rhode Island Economic Development Corporation will expand the

plant as wastewater treatment demands warrant such improvements.

Similarly, the estimated future demand for potable water by the

Quonset Point/Davisville Industrial Park (which will include the

redeveloped CBC Davisville property) will increase by 2.1 mgd. In turn,

this will increase daily withdrawal from the Hunt River aquifer to

approximately 4.7 mgd. This is only 60 percent of the amount of water

that can safely be withdrawn from the aquifer on a daily basis.

However, when considered in light of the long range projections for

future regional development, the redevelopment of CBC Davisville will

contribute to a potentially unsafe trend in water consumption by users

of the Hunt River aquifer. Thus, coordination among public water

suppliers that draw on the Hunt River aquifer will be necessary to

ensure that water withdrawals do not exceed the aquifer's safe daily

yield.

Other utilities such as electricity and natural gas distribution

systems must be expanded and upgraded to meet the energy demands that

will likely be generated by the Preferred Development Plan. Thus,

Narragansett Electric Company is renovating the electrical system at

CBC Davisville. The acquiring entity will be responsible for providing

natural gas service.

Implementation of the Preferred Development Plan would not have any

significant impacts on community services in the Town of North

Kingstown. It is likely that an additional 335 children will enter the

local schools over a 20-year period, but this impact will be offset by

additional property tax revenues generated from reuse of the Base.

Because the estimated population growth resulting from

implementation of the Preferred Development Plan would occur over a 20-

year period, there would not be any significant impacts on local

community services, including emergency and medical services. The North

Kingstown Fire Department currently provides service to the Base. While

redevelopment of the property may increase the number of incidents to

which the Fire Department must respond, the Department has adequate

firefighting capability based on national standards.

Implementation of the Preferred Development Plan will add about 290

acres of land for use as parkland, active and passive recreational

activities, and open space.

Implementaton of the Preferred Development Plan would not result in

any significant adverse effects on historic or archeological sites at

CBC Davisville. There are five sites on the Base that are either listed

or eligible for listing on the National Register of Historic Places:

Camp Endicott, the Allen-Madison House, five acres surrounding the

Allen-Madison House, an archaeological site on Calf Pasture Point, and

an archaeological site at the eastern end of the CED Area.

Navy and the Rhode Island Historical Preservation and Heritage

Commission, as the designated Rhode Island State Historic Preservation

Officer (SHPO), executed a Memorandum of Agreement (MOA) on June 2,

1997, concerning Camp Endicott. This MOA addressed the demolition of

seventeen badly deteriorated Quonset Huts after recordation of the

structures.

The Allen-Madison House, the five acres surrounding the house, and

the archeological site on Calf Pasture Point, while not the subject of

an MOA between Navy and the SHPO, are addressed in a preservation

agreement between the SHPO and the Rhode Island Economic Development

Corporation that was executed on March 18, 1997. The redevelopment of

CBC Davisville as proposed in the Preferred Development Plan would be

consistent with that preservation agreement and, thus, would not

adversely affect these historic

[[Page 40059]]

and archeological sites. The SHPO, in a letter to Navy dated March 21,

1997, and the Advisory Council on Historic Preservation (ACHP), in a

letter to Navy dated June 2, 1997, concurred with Navy's determination

that the Plan would not have an adverse impact on these historic

resources.

The fifth site eligible for listing on the National Register of

Historic Places is an archeological site located in that part of the

CED Area that was designated for waterfront commercial redevelopment.

On April 14, 1997, the SHPO and the Town of North Kingstown executed a

preservation agreement that covers this site. Based on this agreement,

Navy determined that the Plan would not have an adverse impact on the

archeological site. The ACHP concurred with this determination in a

letter to Navy dated June 2, 1997.

Implementation of the Preferred Development Plan would not result

in any significant impacts on existing environmental contamination at

the Base. Pursuant to the Federal Facilities Interagency Agreement

among Navy, the United States Environmental Protection Agency (EPA),

and the Rhode Island Department of Environmental Management, Navy will

ensure that environmental contamination associated with past activities

at CBC Davisville is remediated as appropriate. While the cleanup of

these contaminated areas may delay or complicate some redevelopment,

e.g., in the Warehouse Area, these delays should not be significant in

light of the 20-year implementation period for the Plan.

Mitigation

Implementation of Navy's decision to dispose of CBC Davisville does

not require Navy to perform any mitigation measures beyond those

already accomplished, i.e., the recordation of Camp Endicott. The FEIS

identified and discussed those actions that would be necessary to

mitigate the impacts associated with reuse and redevelopment of the

Base. The acquiring entity, under the direction of Federal, State and

local agencies with regulatory authority over protected resources, will

be responsible for implementing mitigation measures. The implementation

of mitigation measures concerning the historic and archeological

property will be governed by the preservation agreements.

Comments Received on the FEIS

Navy received comments on the FEIS from the United States

Environmental Protection Agency and four State agencies: The Rhode

Island Economic Development Corporation (RIEDC), the Rhode Island

Department of Environmental Management, the Rhode Island Department of

Transportation, and the Rhode Island Historical Preservation and

Heritage Commission.

The EPA asked that Navy consider deed restrictions to protect

wetlands and historic and archeological sites. While deed restrictions

may be used for such sites, Navy has determined that such measures are

not necessary here. After discussions with State agencies and RIEDC,

Navy concluded that section 404 of the Clean Water Act, 33 U.S.C. 1344,

and Rhode Island's Wetlands Protection Regulations, RIDEM DGFW 12 000

001, provide stringent protection for wetlands that will adequately

ensure protection and preservation of the wetlands at CBC Davisville.

Similarly, it is not necessary to incorporate restrictive covenants

in the deed to ensure the protection of historic and archeological

sites. The National Historic Preservation Act, 16 U.S.C. 470 et seq.,

the Archeological Resources Protection Act, 16 U.S.C. 470aa et seq.,

the Memorandum of Agreement executed by Navy, the Advisory Council on

Historic Preservation, and the Rhode Island Historical Preservation and

Heritage Commission (dated June 2, 1997), and the preservation

agreements executed by the Rhode Island Historical Preservation and

Heritage Commission with RIEDC (dated March 18, 1997) and with the Town

of North Kingstown (dated April 14, 1997) will ensure that these

resources are appropriately protected, preserved or recorded.

The EPA also commented that a more quantitative analysis of the air

quality impacts associated with projected traffic at specific

intersections was warranted. The FEIS analyzed traffic volumes

associated with the redevelopment of CBC Davisville. The additional

volume of traffic projected over the 20-year development period is very

small. Consequently, increases in ozone associated with that traffic

would likely be negligible. While the potential exists to have carbon

monoxide hot spots at certain intersections, the traffic volume at any

particular intersection will depend upon the nature, extent and timing

of activities that occur as a result of redevelopment of the Base.

Additional traffic studies would be speculative, because the planned

roadway projects will change existing traffic patterns.

The EPA also expressed concern about the increased demands on the

Hunt River aquifer. Navy agrees with EPA that the acquiring entity must

work with Federal, State and local regulatory authorities to ensure

that adequate water supplies are available to satisfy the demands

caused by the redevelopment of CBC Davisville and other regional

development. The FEIS identified the need for development of best

management and pollution prevention plans as well as the need to ensure

participation of regional water suppliers in that planning process.

The Rhode Island Economic Development Corporation commented that

Navy did not consider the economic impact on the State, region and town

caused by redeveloping a Base where the majority of buildings and

structures were old. Navy has demolished seventy structures on the

Base. The remaining buildings are structurally sound.

The Rhode Island Department of Environmental Management expressed

concern that the FEIS did not specifically identify any restrictions on

the use of CBC Davisville property arising out of existing

contamination and the level of remediation to be undertaken at specific

sites. Site characterization and remediation are currently underway,

and Navy will remediate the property to a level that is appropriate for

the projected land use. When appropriate, deed restrictions will be

used to ensure that subsequent land use is consistent with the level of

remediation completed.

The Rhode Island Department of Environmental Management also

requested a more detailed analysis of impacts associated with

stormwater discharges at full build-out of the reuse plan. Navy

analyzed stormwater discharges and the potential for contaminating

bodies of water that receive them in general terms in the FEIS. A more

detailed analysis of the amount and character of such discharges is not

feasible at this time. Until specific site plans are developed, the

amount of impervious surface and the rate of runoff cannot be

determined.

When proposals for specific activities are developed, Rhode

Island's Coastal Management Program regulations will require that the

acquiring entity submit stormwater management plans in sufficient

detail to allow an assessment of probable impact. These State

regulations are intended to ensure that the manner in which future

siting and construction occurs will not result in adverse impacts on

water quality.

Rhode Island's Department of Environmental Management also

requested a more detailed analysis of air emissions from mobile

sources. As with impacts from stormwater, it is not feasible to further

analyze air emissions from mobile sources until the nature and siting

of particular activities are known. In neither case would further

[[Page 40060]]

analysis materially enhance that already set forth in the FEIS.

The Rhode Island Department of Transportation advised Navy that it

would not include an analysis of traffic associated with the

redevelopment of CBC Davisville in a regional traffic study that it was

conducting. The Department believed that it would be speculative to

project the traffic patterns associated with the redevelopment of CBC

Davisville. For the same reason, Navy concluded that studying traffic

patterns at this time, without knowing the nature and timing of future

development, would not be feasible and would have little value.

The Rhode Island Historical Preservation and Heritage Commission

agreed with the findings in the FEIS concerning cultural resources and

asked Navy to incorporate restrictive covenants in deeds that convey

historic property. Navy determined that the preservation agreements

later entered into by the Rhode Island Historical Preservation and

Heritage Commission with RIEDC and with the Town of North Kingstown

would ensure adequate protection, preservation, or recordation of

historic properties and that deed restrictions were unnecessary. In a

letter to Navy dated March 21, 1997, the Rhode Island Historical

Preservation and Heritage Commission concurred that use of the

preservation agreements would not cause any adverse effect on historic

properties.

Regulations Governing the Disposal Decision

Since the proposed action contemplates a disposal action under the

Defense Base Closure and Realignment Act of 1990 (DBCRA), Public Law

101-510, 10 U.S.C. 2687 note, Navy's decision was based on the

environmental analysis in the FEIS and application of the standards set

forth in DBCRA, the Federal Property Management Regulations (FPMR), 41

CFR part 101-47, and the Department of Defense Rule on Revitalizing

Base Closure Communities and Community Assistance (DoD Rule), 32 CFR

parts 90 and 91.

Section 101-47.303-1 of the FPMR requires that the disposal of

Federal property benefit the Federal government and constitute the

``highest and best use'' of the property. Section 101-47.4909 of the

FPMR defines the ``highest and best use'' as that use to which a

property can be put that produces the highest monetary return from the

property, promotes its maximum value, or serves a public or

institutional purpose. The ``highest and best use'' determination must

be based upon the property's economic potential, qualitative values

inherent in the property, and utilization factors affecting land use

such as zoning, physical characteristics, other private and public uses

in the vicinity, neighboring improvements, utility services, access,

roads, location, and environmental and historical considerations.

After Federal property has been conveyed to non-Federal entities,

the property is subject to local land use regulations, including zoning

and subdivision regulations, and building codes. Unless expressly

authorized by statute, the disposing Federal agency cannot restrict the

future use of surplus Government property. As a result, the local

community exercises substantial control over future use of the

property. For this reason, local land use plans and zoning affect

determination of the highest and best use of surplus Government

property.

The DBCRA directed the Administrator of the General Services

Administration (GSA) to delegate to the Secretary of Defense authority

to transfer and dispose of base closure property. Section 2905(b) of

DBCRA directs the Secretary of Defense to exercise this authority in

accordance with GSA's property disposal regulations, set forth at

Secs. 101-47.1 through 101-47.8 of the FPMR. By letter dated December

20, 1991, the Secretary of Defense delegated the authority to transfer

and dispose of base closure property closed under DBCRA to the

Secretaries of the Military Departments. Under this delegation of

authority, the Secretary of the Navy must follow FPMR procedures for

screening and disposing of real property when implementing base

closures. Only where Congress has expressly provided additional

authority for disposing of base closure property, e.g., the economic

development conveyance authority established in 1993 by section

2905(b)(4) of DBCRA, may Navy apply disposal procedures other than the

FPMR's prescriptions.

In section 2901 of the National Defense Authorization Act for

Fiscal Year 1994, Public Law 103-160, Congress recognized the economic

hardship occasioned by base closures, the Federal interest in

facilitating economic recovery of base closure communities, and the

need to identify and implement reuse and redevelopment of property at

closing installations. In section 2903(c) of Public Law 103-160,

Congress directed the Military Departments to consider each base

closure community's economic needs and priorities in the property

disposal process. Under section 2905(b)(2)(E) of DBCRA, Navy must

consult with local communities before it disposes of base closure

property and must consider local plans developed for reuse and

redevelopment of the surplus Federal property.

The Department of Defense's goal, as set forth in Sec. 90.4 of the

DoD Rule, is to help base closure communities achieve rapid economic

recovery through expeditious reuse and redevelopment of the assets at

closing bases, taking into consideration local market conditions and

locally developed reuse plans. Thus, the Department has adopted a

consultative approach with each community to ensure that property

disposal decisions consider the Local Redevelopment Authority's reuse

plan and encourage job creation. As a part of this cooperative

approach, the base closure community's interests, e.g, reflected in its

zoning for the area, play a significant role in determining the range

of alternatives considered in the environmental analysis for property

disposal. Furthermore, Sec. 91.7(d)(3) of the DoD Rule provides that

the Local Redevelopment Authority's plan generally will be used as the

basis for the proposed disposal action.

The Federal Property and Administrative Services Act of 1949, 40

U.S.C. 484, as implemented by the FPMR, identifies several mechanisms

for disposing of surplus base closure property: By public benefit

conveyance (FPMR Sec. 101-47.303-2); by negotiated sale (FPMR Sec. 101-

47.304-8); and by competitive sale (FPMR 101-47.304-7). Additionally in

section 2905(b)(4), the DBCRA established economic development

conveyances as a means of disposing of surplus base closure property.

The selection of any particular method of conveyance merely

implements the Federal agency's decision to dispose of the property.

Decisions concerning whether to undertake a public benefit conveyance

or an economic development conveyance, or to sell property by

negotiation or by competitive bid are committed by law to agency

discretion. Selecting a method of disposal implicates a broad range of

factors and rests solely within the Secretary of the Navy's discretion.

Conclusion

The Preferred Development Plan adopted by the State of Rhode Island

and Providence Plantations is consistent with the prescriptions of the

FPMR and Sec. 90.4 of the DoD rule. The State has determined that this

property should have several uses including

[[Page 40061]]

administrative, educational, commercial, light industrial, general

industrial, waterfront industrial, waterfront commercial, dredge

material disposal, parks and open space, conservation, buffer and

greenbelt areas, and highway access areas.

The Preferred Development Plan responds to local and regional

economic conditions, promotes economic recovery from the impact of CBC

Davisville's closure, and is consistent with President Clinton's Five-

Part Plan for revitalizing base closure communities, which emphasizes

local economic redevelopment of the closing military facility and

creation of new jobs as the means to revitalize these communities. 32

CFR parts 90 and 91, 59 FR 16, 123 (1994). Any resultant environmental

impacts can be mitigated by the acquiring entity under the direction of

Federal, State, and local regulatory requirements.

Although the ``No action'' alternative has less potential for

causing adverse environmental impacts, this alternative would not

foster local economic redevelopment of the CBC Davisville property and

would not create new jobs. Additionally, it would not take advantage of

the property's location, physical characteristics, and infrastructure

or the current uses of adjacent property. Finally, it is not compatible

with the State's Comprehensive Reuse Plan.

Accordingly, Navy will dispose of Naval Construction Battalion

Center Davisville in a manner that is consistent with the State of

Rhode Island and Providence Plantations' Preferred Development Plan for

the property.

Dated: July 16, 1997.

William J. Cassidy, Jr.,

Deputy Assistant Secretary of the Navy (Conversion and Redevelopment).

[FR Doc. 97-19614 Filed 7-24-97; 8:45 am]

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