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

DEPARTMENT OF DEFENSE

Department of the Navy

Record of Decision for the Disposal and Reuse of Naval Air

Warfare Center, Aircraft Division, Warminster, PA

SUMMARY: The Department of the Navy (Navy), pursuant to Section

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

U.S.C. 4332(2)(C) (1994), and the regulations of the Council on

Environmental Quality that implement NEPA procedures, 40 CFR parts

1500-1508, hereby announces its decision to dispose of Naval Air

Warfare Center, Aircraft Division, Warminster (NAWC), which is located

in Bucks County, Pennsylvania.

Navy analyzed the impacts of the disposal and reuse of NAWC

Warminster in an Environmental Impact Statement (EIS), as required by

NEPA. The EIS analyzed four reuse alternatives and identified the

Proposed Reuse Plan, Naval Air Warfare Center, Bucks County, approved

on June 10, 1997, (Reuse Plan) as the Preferred Alternative. The

Preferred Alternative proposed to use the base for residential,

commercial, municipal, and assisted living activities; to provide low

income and homeless assistance services; to develop public parks and

recreational areas; and to build access roads. The Federal Lands Reuse

Authority of Bucks County (FLRA) is the Local Redevelopment Authority

(LRA) for NAWC Warminster. Department of Defense Rule on Revitalizing

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

176.20(a).

Navy intends to dispose of NAWC Warminster in a manner that is

consistent with the Reuse Plan. Navy has determined that the proposed

mixed land use will meet the goals of achieving local economic

redevelopment, creating new jobs, and providing additional housing,

while limiting adverse environmental impacts and ensuring land uses

that are compatible with adjacent property. This Record of Decision

does not mandate a specific mix of land uses. Rather, it leaves

selection of the particular means to achieve the proposed redevelopment

to the acquiring entities and the local zoning authorities.

Background

Under the authority of the Defense Base Closure and Realignment Act

of 1990 (DBCRA), Public Law 101-510, 10 U.S.C. 2687 note (1994), the

1991 Defense Base Closure and Realignment Commission recommended the

realignment of Naval Air Development Center, Warminster. This

recommendation was approved by President Bush and accepted by the One

Hundred Second Congress in 1991.

As a result of the 1991 realignment, most of the Warminster

Development Center's aircraft systems research and development and test

and evaluation functions moved to Naval Air Warfare Center, Aircraft

Division, Patuxent River, Maryland. On January 1, 1992, the remaining

facilities, i.e., the inertial guidance laboratory (Building 108), the

navigation equipment laboratory (Building 125), the communications

systems laboratory (Building 138), the dynamic flight simulator

(Buildings 70 and 72), the family housing units, and the Oreland Open

Water Test Facility, a 15-acre non-contiguous site located about eight

miles southwest of NAWC Warminster in Montgomery County, Pennsylvania,

were renamed Naval Air Warfare Center, Aircraft Division, Warminster.

The 1995 Defense Base Closure and Realignment Commission modified

the 1991 Commission's recommendation by directing Navy to close NAWC

Warminster, including the Oreland Open Water Test Facility. The 1995

Commission's recommendation was

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approved by President Clinton and accepted by the One Hundred Fourth

Congress in 1995. The base closed on September 30, 1996.

With the exception of the Oreland facility, all of the property

comprising NAWC Warminster is located in the southern part of Bucks

County, Pennsylvania, about 18 miles north of Center City Philadelphia.

This property covers 824 acres and lies within three municipalities.

Most of the property, about 609 acres, is located in Warminster

Township. About 46 acres in the northwest corner of the base are

located in Ivyland Borough. The remaining 169 acres in the eastern part

of the base are located in Northampton Township. Navy controls an

additional 38 acres in Northampton Township by way of easements for air

operations. Disposal and reuse of the Oreland Open Water Test Facility

in Montgomery County were treated in a separate environmental analysis

and document.

The base is oriented along an east-west axis with irregularly

shaped borders. It is bounded on the west by a Southeastern

Pennsylvania Transportation Authority railroad line; on the north by

Kirk Road, Newtown Road, and Bristol Road; on the east by New Road; and

on the southwest by Street Road. In the western part of the base,

Jacksonville Road crosses the property in a northeast-southwest

alignment and connects Kirk Road to Street Road. In the eastern part of

the base, Bristol Road crosses the property in a northwest-southeast

orientation, and Hatboro Road links Bristol Road to New Road.

Navy will retain certain NAWC Warminster properties, i.e., six

single-family houses, 40 multi-family residential units, and related

support buildings that serve 205 military families. In August 1995,

Navy transferred these properties, covering 67 acres, to Naval Air

Station Joint Reserve base, Willow Grove, Pennsylvania.

This Record Of Decision addresses the disposal and reuse of those

parts of NAWC Warminster that are surplus to the needs of the Federal

Government. This surplus property, covering 757 acres, contains about

162 buildings and structures that provide about 1.7 million square feet

of space. The base contains aviation facilities consisting of an 8,000-

foot east-west runway, an aircraft parking apron covering about 11

acres, a hangar, an air traffic control tower, and a fire station. The

surplus property also contains research and development facilities,

laboratory facilities, industrial facilities, administrative offices,

personnel support facilities, medical facilities, and recreational

facilities.

Navy expects to convey about 287 acres of surplus property in the

western part of the base to the Federal Lands Reuse Authority by way of

an economic development conveyance. Of that total, about 261 acres

located in Warminster Township, including the western end of the runway

and the main complex of buildings (Buildings 1, 2, and 3), will be

redeveloped as a business complex. About 26 acres located in Ivyland

Borough will be redeveloped as a residential area.

The remaining 470 acres of surplus property have been or will be

conveyed by way of various kinds of public benefit conveyances. On

September 19, 1997, Navy assigned about 125 acres in the eastern end of

the base to the United States Department of the Interior for subsequent

conveyance to Northampton Township for use as parks and recreational

areas. Subsequently, about 32 of those 125 acres were made available

for construction of a school and related recreational facilities for

the Council Rock School District. On November 18, 1997, Navy assigned

about two acres at the northern tip of the eastern end of the base to

the United States Department of Education for subsequent conveyance to

Northampton Township for use as a fire fighter training facility.

On January 7, 1998, Navy assigned about 38 acres in the eastern

part of the base to the United States Department of Health and Human

Services for subsequent conveyance to Northampton Township for use as

an assisted living facility for senior citizens. On October 27, 1998,

Navy assigned about two acres in the eastern end of the base to the

United States Department of Health and Human Services for subsequent

conveyance to Northampton Township. The Township will build a well on

this property to increase the capacity of its existing municipal water

system.

On March 18, 1999, Navy assigned about 31 acres and the inertial

guidance laboratory (Building 108), located in the south central part

of the base, to the United States Department of Education for

subsequent conveyance to Pennsylvania State University for use as an

applied research laboratory.

Navy will assign about 255 acres in the western and central parts

of the base to the United States Department of the Interior for

subsequent conveyance to Warminster Township for use as parks and

recreational areas, access roads and open space.

Navy will assign nine acres and the base's wastewater treatment

plant in the western end of the base to the United States Department of

Health and Human Services for subsequent conveyance to the Warminster

Municipal Authority. Navy will assign about two acres in the western

part of the base adjacent to the dynamic flight simulator (Buildings 70

and 72) to the United States Department of Health and Human Services

for subsequent conveyance to Bucks County, which will build a facility

for its county coroner.

Of the remaining six acres of surplus Federal property, Navy will

assign two acres to a private homeless assistance provider and four

acres to Bucks County. They will provide low income and homeless

assistance services in accordance with four legally binding agreements

between the FLRA and homeless assistance providers that were approved

by the United States Department of Housing and Urban Development.

Navy published a Notice Of Intent in the Federal Register on

September 19, 1995, announcing that Navy would prepare an EIS for the

disposal and reuse of NAWC Warminster. On October 12, 1995, Navy held a

public scoping meeting at the Longstreth Elementary School in

Warminster, and the scoping period concluded on November 1, 1995.

Navy distributed the Draft EIS (DEIS) to Federal, State, and local

agencies, elected officials, interested parties, and the general public

on January 3, 1997, and commenced a 45-day public review and comment

period. During this period, Federal, State, and local agencies,

community groups and associations, and interested persons submitted

oral and written comments concerning the DEIS. On January 28, 1997,

Navy held a public hearing at the Warminster Township Building to

receive comments on the DEIS.

Navy's responses to the public comments were incorporated in the

Final EIS (FEIS), which was distributed to the public on December 24,

1998, for a review period that concluded on January 25, 1999. Navy

received two letters commenting on the FEIS.

Alternatives

NEPA requires Navy to evaluate a reasonable range of alternatives

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

FEIS, Navy analyzed the environmental impacts of four reuse

alternatives. Navy also evaluated a ``No Action'' alternative that

would leave the property in caretaker status with Navy maintaining the

physical condition of the property, providing a security force, and

making repairs essential to safety.

On February 1, 1995, the Board of Commissioners of Bucks County

established the Federal Lands Reuse Authority of Bucks County. Bucks

[[Page 59166]]

County Ordnance No. 89. The FLRA would prepare a reuse plan for the

NAWC Warminster property to be available as a result of the 1991 round

of Defense Base Closures and Realignments. In March 1995, the FLGA

adopted a proposed reuse plan entitled Naval Air Warfare Center, Bucks

County, Pennsylvania, Reuse Plan. Navy identified this initial reuse

plan as the Preferred Alternative in the DEIS dated December 1996. In

1997, the FLRA changed its reuse plan and incorporated those parts of

the base that Navy had retained under the 1991 realignment but

subsequently declared surplus as a result of the 1995 closure decision.

The FLRA adopted the Proposed Reuse Plan, Naval air Warfare Center,

Bucks County, Pennsylvania, as its final plan on June 10, 1997. FLRA

Resolution No. 25-97.

The Reuse Plan, identified in the FEIS as the Preferred

Alternative, proposed a mix of land uses. The Preferred Alternative,

proposed a mix of land uses. The Preferred Alternative would use 26

acres for residential purposes; 292 acres for a business complex; 38

acres for an assisted living facility; 13 acres for public health and

safety facilities; six acres for low income and homeless assistance

services; 18 acres for access roads and open space; and 370 acres for

parks and recreational activities. This Alternative would not use the

runway for aviation activities. It will be necessary to make extensive

utility infrastructure and roadway improvements to support the Reuse

Plan's proposed redevelopment of NAWC Warminster.

The Preferred Alternative would use 68 acres west of Jacksonville

Road for commercial activities. Within these 68 acres on the western

end of the property, this Alternative proposed to use the main complex

(Buildings 1, 2, and 3) and the dynamic flight simulator (Buildings 70

and 72) for research and development in ways similar to Navy's

historical uses of those buildings. In the southeastern part of this

area, the Preferred Alternative proposed to use the dispensary

(Building 16) for low income and homeless assistance services.

East of Jacksonville Road and north of Street Road, the Preferred

Alternative would build a 187-acre business complex providing about 1.5

million square feet of new construction. The Preferred Alternative

would use part of the runway to build new access roads to serve this

business complex. In the northern part of the complex, this Alternative

would use the base's fire station as a municipal fire station. In the

southeastern part of this complex, the aircraft flight equipment

laboratory (Building 80) would be used for low income and homeless

assistance services.

In Ivyland Borough, north of the proposed business complex, east of

Jacksonville Road, and southwest of Kirk Road, the Preferred

Alternative proposed to build a 26-acre single-family residential

complex adjacent to the officers housing retained by Navy. This

residential complex would provide between 150 and 200 new homes.

The central part of the base, east of the business complex and

southwest of Bristol Road, would be reserved for parks and recreational

activities. This area would cover the eastern part of the runway. The

parks and recreational areas would extend northwest to the new

residential complex and southwest along the 187-acre business complex

to the southern boundary of the property. The Preferred Alternative

would use Quarters A and Quarters B here for low income and homeless

assistance services.

South of the parks and recreational areas and adjacent to the

enlisted housing retained by Navy, the Preferred Alternative proposed

to use 37 acres for another business complex that would include use of

the inertial guidance laboratory (Building 108) in a manner similar to

Navy's historical use of that building.

On 125 acres at the eastern end of the base in Northampton

Township, the Preferred Alternative would develop parks and

recreational areas. On two acres at the northern tip of the eastern end

of the base, this Alternative would build a fire station. At the

eastern end of the base, it would build a municipal drinking water well

and pump facility. On the remaining surplus property, north of Hatboro

Road, it would build as assisted living facility on 38 acres that would

support about 500 senior residents.

Navy analyzed a second ``action'' alternative, described in the

FEIS as the University/Institutional Alternative. This Alternative was

identified in the DEIS as the Preferred Alternative and reflects the

FLRA's March 1995 reuse plan. The University/Institutional Alternative

proposed land uses similar to those in the Reuse Plan, but provided

more intense development and less parks and recreational areas.

West of Jacksonville Road, the University/Institutional Alternative

would use 46 acres to develop a business complex. This Alternative also

proposed to use the dynamic flight simulator (Buildings 70 and 72) for

research and development in a manner similar to Navy's historical use

of those buildings. Additionally, it proposed to build university and

institutional facilities on 12 acres west of Jacksonville Road. On

these 12 acres, the navigation equipment laboratory (Building 125) and

the communications systems laboratory (Building 138) would also be used

for university and institutional activities. This Alternative proposed

to use Building 16 west of Jacksonville Road for low income and

homeless assistance services.

On 159 acres east of Jacksonville Road, the University/

Institutional Alternative would build an industrial and business

complex providing 1,850,000 square feet of new construction. On the

southern end of this complex, it proposed to build a 50,000 square foot

hotel and conference center on ten acres facing Street Road. On the

northern edge of the complex, this Alternative would use the base's

fire station as a municipal fire station. In the southeastern part of

the complex, this Alternative proposed to use Building 80 for low-

income and homeless assistance services. It would also maintain open

space along the boundary between the hotel and Building 80.

In Ivyland Borough, north of the business complex, east of

Jacksonville Road, and southwest of Kirk Road, the University/

Institutional Alternative proposed to build a 26-acre single-family

residential complex adjacent to the officers housing retained by Navy.

This residential complex would provide between 150 and 200 new homes.

East of this residential area and south of Kirk Road, the

University/Institutional Alternative would provide 25 acres for

municipal purposes. This Alternative would also use parts of the runway

and aircraft parking apron to build new access roads.

The central part of the base, east of the industrial/business

complex and the municipal area and south of Kirk Road, Newtown Road,

and Bristol Road, would be reserved for parks and recreational

activities. This area would cover the eastern part of the runway. The

University/Institutional Alternative would use Quarters A and Quarters

B here for low income and homeless assistance services.

The University/Institutional Alternative would use the inertial

guidance laboratory (Building 108), located south of the parks and

recreational areas and adjacent to the enlisted housing retained by

Navy, in a manner similar to Navy's historical use of that building.

Northeast of the laboratory, this Alternative would use 84 acres to

build an educational complex serving about 2,000 students.

[[Page 59167]]

On 125 acres at the eastern end of the base in Northampton

Township, the University/Institutional Alternative would develop parks

and recreational areas. On the northern and eastern tips of the eastern

end of the property, this Alternative would provide five acres for

municipal uses. On the remaining surplus property, north of Hatboro

Road, it would build an assisted living facility on 38 acres that would

support about 500 senior residents.

Navy analyzed a third ``action'' alternative, described in the FEIS

as the Residential Alternative. Under this Alternative, the property

east of Jacksonville Road would be developed for residential uses and

recreational facilities.

West of Jacksonville Road, the Residential Alternative would use 46

acres to develop a business complex. This Alternative also proposed to

use the dynamic flight simulator (Buildings 70 and 72) for research and

development in a manner similar to Navy's historical use of those

buildings.

Additionally, it proposed to use 12 acres and Buildings 125 and 138

for university and institutional activities. This Alternative also

proposed to use Building 16 west of Jacksonville Road for low income

and homeless assistance services.

On 65 acres east of Jacksonville Road, the Residential Alternative

would build an industrial and business complex providing about 636,000

square feet of new construction. Northeast of the complex, this

Alternative would use the base's fire station as a municipal fire

station.

In Ivyland Borough, northeast of the business complex, east of

Jacksonville Road, and southwest of Kirk Road, the Residential

Alternative proposed to build a 26-acre single-family residential

complex adjacent to the officers housing retained by Navy. This

residential complex would provide about 175 new homes. East of the

residential area and the industrial/business complex, the Residential

Alternative would develop parks and recreational areas.

In the central part of the base, east of the parks and recreational

areas and southwest of Bristol Road, the Residential Alternative would

build a 250-acre golf course and residential community consisting of

400 residential units. This area would cover the eastern part of the

runway. This Alternative would use Quarters A and Building 80 here for

low income and homeless assistance services.

Southwest of the golf course community and east of the industrial

and business complex and parks and recreational areas, the Residential

Alternative would reserve open space. South of the golf course

community, this Alternative would develop additional parks and

recreational areas. This Alternative would use Quarters B here for low

income and homeless assistance services. South of the golf course

community, between the additional parks and recreational areas and the

enlisted housing retained by Navy, it would use the inertial guidance

laboratory (Building 108) in a manner similar to Navy's historical use

of that building.

On 125 acres at the eastern end of the base in Northampton

Township, the Residential Alternative would develop additional parks

and recreational areas. On the remaining surplus property, north of

Hatboro Road, this Alternative would build an assisted living facility

on 38 acres that would support about 500 senior residents.

Navy analyzed a fourth ``action'' alternative, described in the

FEIS as the Aviation Alternative. Using 3,800 feet of the 8,000-foot

runway, this Alternative would develop a general aviation airport on

168 acres. The airport would support single engine and twin engine

propeller aircraft and light cargo turboprop aircraft. By the year

2010, projected air operations for this airport could range from 20,400

to 215,500 general aviation operations annually.

The remainder of the surplus property would be dedicated to uses

compatible with a general aviation airport. These uses would include 58

acres for a business complex; 284 acres for industrial and commercial

activities; ten acres for a hotel and conference center; 162 acres for

parks and recreational activities; and 41 acres for access roads and

open space. This Alternative would develop more intense industrial,

research and development, and aviation activities than the other reuse

alternatives.

West of Jacksonville Road, the Aviation Alternative would build a

business complex on 58 acres. This Alternative proposed to use the

dynamic flight simulator (Buildings 70 and 71) for research and

development in a manner similar to Navy's historical use of those

buildings. It also proposed to use Building 16 west of Jacksonville

Road for low income and homeless assistance services.

East of Jacksonville Road, north and east of the runway, and

southwest of Bristol Road, the Aviation Alternative would use 284 acres

to develop a 4,900,000 square foot industrial and business complex.

This Alternative would use Quarters A here for low income and homeless

assistance services. South of the runway, the Alternative would use 77

acres to support aviation operations with hangars, maintenance

facilities, and aircraft tiedown areas. It would also use seven acres

here to build a passenger terminal.

On the southern end of the property, south of the aviation support

facilities, this Alternative proposed to build a 50,000 square foot

hotel and conference center on ten acres facing Street Road. East of

the passenger terminal, it would use Building 80 and Quarters B for low

income and homeless assistance services. This Alternative would

maintain open space along the boundary between the hotel and Building

80.

South of the industrial and business complex, between the aviation

support facilities and the enlisted housing retained by Navy, the

Aviation Alternative would use the inertial guidance laboratory

(Building 108) in a manner similar to Navy's historical use of that

building. On 162 acres at the eastern end of the base in Northampton

Township, this Alternative would develop parks and recreational

activities.

Environmental Impacts

Navy analyzed the direct, indirect, and cumulative impacts of the

disposal and reuse of this surplus Federal property. The EIS addressed

impacts of the Preferred Alternative, the University/Institutional

Alternative, the Residential Alternative, the Aviation Alternative, and

the ``No Action'' Alternative for each alternative's effects on land

use, socioeconomics, community services, transportation, air quality,

noise, infrastructure, cultural resources, natural resources, and

petroleum and hazardous substances. This Record of Decision focuses on

the impacts that would likely result from implementation of the Reuse

Plan, identified in the FEIS as the Preferred Alternative.

The Preferred Alternative would not have an significant impact on

land use. Implementation of the Preferred Alternative would result in

the continuing use and further development of the property as a

technology research and development center. There would be more

commercial, industrial, and office activities, additional housing (for

single-family) and assisted living), various municipal activities, and

extensive parks and recreational areas.

The existing airfield would not be used, and parts of the runway

would be converted into roadways and parking areas. Access to the

property would be gained from the existing roadway network of

Jacksonville Road, Street

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Road, Kirk Road, Newton Road, Bristol Road, Hatboro Road, and New Road.

The land uses proposed in the Preferred Alternative would be

generally compatible with each other and with adjacent off-base land

uses. However, development of the new facilities and activities would

result in a substantial increase in use of the property's open space

and a significant change from the existing airfield to various proposed

uses. Zoning changes will be required for the assisted living facility,

the parks and recreational areas, the firehouse, and the municipal

well. In Ivyland Borough, it would be necessary to rezone the proposed

site of the Reuse Plan's 150 to 200 housing units to accommodate the

resultant increase in residential density.

The Reuse Plan would not have any significant impact on the

socioeconomics of the surrounding area. The Preferred Alternative would

build 150 to 200 new homes in that part of NAWC Warminster located in

Ivyland Borough, providing housing for an additional 400 to 600

persons. The proposed 250,000 square foot assisted living facility

would provide housing for about 500 senior residents.

By the year 2010, this Alternative would create about 6,850 direct

jobs and 7,504 indirect jobs that would generate about $181 million in

direct payroll earnings and $151 million in indirect earnings. The

Preferred Alternative would also generate an estimated $1.305 million

annually in property tax revenue.

The Preferred Alternative would not have any significant impact on

community services. By the year 2010, the Preferred Alternative would

generate an increase of 1,610 school age children living in the area.

Since this increase in student population would not be reached until

the year 2010, there is sufficient time for local school districts to

prepare for this impact from the reuse of NAWC Warminster as well as

other unrelated demographic changes in the region. Additionally,

property tax revenues that support local school systems would increase

as property previously owned by the Federal Government became taxable.

The redevelopment of NAWC Warminster would increase the demand on

local communities for fire and police protection services. Closure of

the Navy fire station on the base resulted in dissolution of the mutual

aid agreements among local fire departments. Thus Warminster Township

is considering hiring full-time fire department employees to supplement

the volunteers who currently provide fire protection services. It would

also be necessary for Ivyland Borough to expand its fire and police

protection services to accommodate the redevelopment of NAWC

Warminster. However, implementation of the Preferred Alternative would

increase local government revenues by expanding the property tax base,

and these revenues would assist in expanding fire and police protection

services.

The Preferred Alternative would increase the number of recreational

facilities in the region. Under this Alternative, additional passive

recreational resources, such as nature and picnic areas and athletic

fields, would be available to the public.

The Preferred Alternative would have a significant impact on

transportation. By the year 2010, this Alternative would generate about

15,370 average daily trips. The traffic generated by the Reuse Plan

would cause considerable delays at eight intersections in the vicinity

of NAWC Warminster. Six of these intersections would operate at

unacceptable levels of service during peak commuting hours.

Implementing mitigation measures, such as signal modifications,

additional lanes, staggered work hours, and ride sharing, could reduce

the traffic impacts. Even with these improvements, however, there would

be significant impacts at certain intersections for which mitigation is

not feasible.

The Preferred Alternative would not have any significant impact on

air quality. The base is located in a severe nonattainment area for

ozone as regulated by the Clean Air Act, 42 U.S.C. 7401-7671a (1994).

Ozone, commonly known as smog, is produced when volatile organic

compounds and nitrogen oxides react in the atmosphere. The base is in

attainment for all other common air pollutants regulated under the

Clean Air Act. However, emissions of one common air pollutant, carbon

monoxide (CO), would increase under the Reuse Plan.

Carbon monoxide is produced by the burning of fossil fuels. As a

result of increased vehicular traffic moving to and from the property,

the annual emissions of CO would increase under the Reuse Plan.

Nevertheless, there would be no violation of the national standards for

carbon monoxide.

The impact on air quality that could arise from sources of

stationary emissions, such as heating units, would depend upon the

nature and extent of activities conducted on the property. Developers

of future facilities would be responsible for obtaining the required

air permits and for complying with Federal, State and local laws and

regulations governing air pollution. Temporary impacts on air quality

resulting from construction activities would not be significant.

Section 176(c) of the Clean Air Act, 42 U.S.C. 7506 (1994),

requires Federal agencies to review their proposed activities to ensure

that these activities do not hamper local efforts to control air

pollution. Section 176(c) prohibits Federal agencies from conducting

activities in air quality areas such as Bucks County that do not meet

one or more of the national standards for ambient air quality, unless

the proposed activities conform to an approved implementation plan. The

United States Environmental Protection Agency regulations implementing

Section 176(c) recognize certain categorically exempt activities.

Conveyance of title to real property and certain leases are

categorically exempt activities. 40 CFR 93.153(c)(2) (xiv) and (xix).

Therefore, the disposal of NAWC Warminster will not require Navy to

conduct a conformity determination.

The Preferred Alternative would not have any significant impact on

noise. During reuse, a gradual increase in ambient noise levels would

arise out of the increased vehicular traffic. At four of the six sites

analyzed, noise increases in the early morning hours would be

perceptible to the human ear, i.e., greater than three decibels.

However, the existing noise levels near the residential areas are

typical of a suburban neighborhood and are already high.

The Preferred Alternative would not have any significant impact on

infrastructure and utilities. It would be necessary gradually to

replace and upgrade the electrical distribution system. The Reuse

Plan's projected daily demand for potable water would exceed Navy's

historical usage and would require additional sources of water. It

would be necessary to extend the Warminster Municipal Authority's water

distribution system to the base and incorporate a drinking water well

on the base into that system.

The proposed redevelopment of NAWC Warminster would require an

increase in wastewater treatment capacity. The acquiring entities could

use the base's wastewater treatment plant to provide adequate treatment

capacity for the proposed redevelopment of NAWC Warminster. When

operating this plant, they would be subject to the requirements of the

National Pollutant Discharge Elimination System (NPDES) permit program.

Similarly, stormwater must be managed in accordance with Federal,

State, and local laws and regulations.

[[Page 59169]]

Thus, the acquiring entities would be responsible for constructing

adequate drainage facilities.

The Preferred Alternative would generate about three tons of solid

waste per day more than Navy did when the base was operational. There

is adequate disposal capacity to accommodate this increase in waste,

and no significant impact is likely.

The Preferred Alternative would not have any significant impact on

cultural resources. Pursuant to Section 106 of the National Historic

Preservation Act, 16 U.S.C. 470f (1994), Navy performed a cultural

resource survey and determined that seven structures are eligible for

listing on the National Register of Historic Places. In a letter dated

May 6, 1998, the Pennsylvania State Historic Preservation Officer

(SHPO) stated that only three of the seven structures satisfied

eligibility requirements. The three structures at NAWC Warminster

determined to be eligible for listing on the Register are the inertial

guidance laboratory (Building 108), the ejector seat test facility

(Structure 361), and the centrifuge (Building 70). The Reuse Plan

proposes to use the inertial guidance laboratory and the centrifuge in

ways similar to Navy's historical uses. The ejector seat test facility

will be used to support communications antennas.

There are no known archaeological sites at NAWC Warminster that are

eligible for listing on the National Register. However, the cultural

resource survey identified archaeologically sensitive areas within

parts of NAWC Warminster proposed for disposal and reuse, i.e., at

Quarters A and Quarters B. Depending upon the location and design of

particular redevelopment projects, potential archaeological resources

in these areas could be affected by construction activities.

Navy has completed consultation pursuant to Section 106 of the

National Historic Preservation Act with the Advisory Council on

Historic Preservation and the Pennsylvania State Historic Preservation

Officer. These consultations identified measures that the acquiring

entities must take to avoid or mitigate adverse impacts on the eligible

structures and the archaeologically sensitive areas. These measures

were set forth in a Programmatic Agreement among Navy, the Advisory

Council on Historic Preservation, and the Pennsylvania State Historic

Preservation Officer, dated December 9, 1998. This Programmatic

Agreement requires the incorporation of restrictive deed covenants for

each of the structures in the documents conveying the property. These

covenants require subsequent owners of the property to obtain written

permission from the SHPO before undertaking any alterations to the

three eligible structures and before engaging in any activities that

would disturb the ground in the archaeologically sensitive areas.

The Preferred Alternative would not have any significant impact on

upland vegetation and wildlife. The existing vegetation in the vicinity

of the runway, taxiways, and developed areas consists largely of

maintained lawns and ornamental and naturally occurring trees and

shrubs. The redevelopment of these areas would reduce the vegetation in

these low value habitats. Navy did not actively use the property east

of the runway when the base was operational and leased it for farming.

The proposed redevelopment of this area would result in a change from

agricultural activities to parks and recreational uses.

Navy determined that there were no Federally-listed threatened or

endangered species at NAWC Warminster as defined by the Endangered

Species Act of 1973, 16 U.S.C. 1531-1544 (1994). Therefore, the

disposal and reuse of NAWC Warminster would not have any adverse effect

on Federally-listed threatened or endangered species. In letters dated

September 14, 1995 and November 21, 1995, the United States Fish and

Wildlife Service concurred in Navy's determination.

There are several freshwater wetlands on the base that cover about

three acres. The Reuse Plan did not provide detailed site plans for the

proposed redevelopment. Thus, the impact on these wetlands cannot be

fully assessed. Future redevelopment plans that may affect wetlands

will be subject to the wetland regulations that implement Section 404

of the Clean Water Act, 33 U.S.C. 1344 (1994). These regulations are

set forth at 33 CFR part 323, and are enforced by the United States

Army Corps of Engineers. Implementation of the Preferred Alternative

would not have any impact on floodplains, because NAWC Warminster does

not lie within 100-year or 500-year floodplains.

The Preferred Alternative would not have any significant impact on

the environment as a result of the use of petroleum products or the use

or generation of hazardous substances by the acquiring entities.

Hazardous materials used and hazardous waste generated by the Reuse

Plan will be managed in accordance with Federal and State laws and

regulations.

Implementation of the Preferred Alternative would not have any

impact on existing environmental contamination at NAWC Warmister. Navy

will inform future property owners about the environmental condition of

the property and may, when appropriate, include restrictions,

notifications, or covenants in deeds to ensure the protection of human

health and the environment in light of the intended use of the

property.

Executive Order 12898, Federal Actions to Address Environmental

Justice in Minority Populations and Low-Income Populations, 3 CFR 859

(1995), requires that Navy determine whether any low income and

minority populations will experience disproportionately high and

adverse human health or environmental effects from the proposed action.

Navy analyzed the impacts on low income and minority populations

pursuant to Executive Order 12898. The FEIS addressed the potential

environmental, social, and economic impacts associated with the

disposal of NAWC Warminster and subsequent reuse of the property under

the various proposed alternatives. Minority and low income populations

residing within the region would not be disproportionately affected.

Indeed, the employment opportunities, housing and public services

generated by implementing the Reuse Plan would have beneficial effects.

Navy also analyzed the impacts on children pursuant to Executive

Order 13045, Protection of Children from Environmental Health Risks and

Safety Risks, 3 CFR 198 (1998). Under the Preferred Alternative, the

largest concentration of children would be present in the residential

and recreational areas. The Preferred Alternative would not pose any

disproportionate environmental health or safety risks to children.

Mitigation

Implementation of Navy's decision to dispose of NAWC Warminster

does not require Navy to implement any mitigation measures. Navy will

take certain actions to implement existing agreements and regulations.

These actions were treated in the FEIS as agreements or regulatory

requirements rather than as mitigation.

The FEIS identified and discussed those actions that will be

necessary to mitigate impacts associated with the reuse and

redevelopment of NAWC Warminster. The acquiring entities, under the

direction of Federal, State, and local agencies with regulatory

authority over protected resources, will be responsible for

implementing necessary mitigation measures.

[[Page 59170]]

Comments Received on the FEIS

Navy received comments on the FEIS from one Federal agency, the

United States Environmental Protection Agency (Region III), and one

local agency, the Warminster Municipal Authority. All of the

substantive comments concerned issues discussed in the FEIS. Those

comments that require clarification are addressed below.

The comments of the Environmental Protection Agency's Region III

concerned background information in Section 3 of the FEIS regarding

Navy's Installation Restoration Program at NAWC Warminster. Navy's

responses to these comments are being provided to Region III in the

separate regulatory process prescribed for Installation Restoration

Programs by the Comprehensive Environmental Response, Compensation and

Liability Act of 1980, U.S.C. 9601-9675 (1994).

The Warminster Municipal authority commented that the analysis in

Section 4 of the FEIS incorrectly stated that extending the Authority's

potable water distribution system to the base would provide an adequate

supply of water for redevelopment. The Municipal Authority stated that

it would also be necessary to draw upon a drinking water well on the

base to provide an adequate supply of potable water for redevelopment.

As discussed earlier, Navy acknowledges that a drinking water well on

the base must be incorporated into the Authority's water distribution

system to provide an adequate supply of potable water for the proposed

redevelopment of NAWC Warminster.

The Municipal Authority also commented that the analysis in Section

4 of the FEIS incorrectly concluded that its wastewater treatment plant

has sufficient capacity to treat wastewater generated under the

Preferred Alternative. As discussed earlier, Navy acknowledges that

additional wastewater treatment capacity would be required to support

the proposed redevelopment of NAWC Warminster.

Regulations Governing the Disposal Decision

Since the proposed action contemplates a disposal under the Defense

Base Closure and Realignment Act of 1990 (DBCRA), Public Law 101-510,

10 U.S.C.. 2687 note (1994), Navy's decision was based upon the

environmental analysis in the FEIS and application of the standards set

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

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

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

parts 174 and 175.

Section 101-47.303-1 of the FPMR requires that disposals of Federal

property benefit the Federal Government and constitute the ``highest

and best use'' of the property. Section 101-47.4909 of the FPMR defines

the ``highest and best use'' as that use to which a property can be put

that produces the highest monetary return from the property, promotes

its maximum value, or serves a public or institutional purpose. The

``highest and best use'' determination must be based upon the

property's economic potential, qualitative values inherent in the

property, and utilization factors affecting land use such as zoning,

physical characteristics, other private and public uses in the

vicinity, neighboring improvements, utility services, access, roads,

location, and environmental and historic considerations.

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

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

and subdivision regulations, and building codes. Unless expressly

authorized by statute, the disposing Federal agency cannot restrict the

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

community exercises substantial control over future use of the

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

determination of the ``highest and best use'' of surplus Government

property.

The DBCRA directed the Administrator of the General Services

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

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

the DBCRA directs the Secretary of Defense to exercise this authority

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

Part 101-47 of the FPMR. By letter dated December 20, 1991, the

Secretary of Defense delegated the authority to transfer and dispose of

base closure property closed under the DBCRA to the Secretaries of the

Military Departments. Under this delegation of authority, the Secretary

of the Navy must follow FPMR procedures for screening and disposing of

real property when implementing base closures. Only where Congress has

expressly provided additional authority for disposing of base closure

property, e.g., the economic development conveyance authority

established in 1993 by Section 2905(b)(4) of the DBCRA, may Navy apply

disposal procedures other than those in the FPMR.

In Section 2901 of the National Defense Authorization Act for

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

hardship occasioned by base closures, the Federal interest in

facilitating economic recovery of base closure communities, and the

need to identify and implement reuse and redevelopment of property at

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

Congress directed the Military Departments to consider each base

closure community's economic needs and priorities in the property

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

consult with local communities before it disposes of base closure

property and must consider local plans developed for reuse and

redevelopment of the surplus Federal property.

The Department of Defense's goal, as set forth in Section 174.4 of

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

economic recovery through expeditious reuse and redevelopment of the

assets at closing bases, taking into consideration local market

conditions and locally developed reuse plans. Thus, the Department has

adopted a consultative approach with each community to ensure that

property disposal decisions consider the LRA's reuse plan and encourage

job creation. As a part of this cooperative approach, the base closure

community's interests, as reflected in its zoning for the area, play a

significant role in determining the range of alternatives considered in

the environmental analysis for property disposal. Furthermore, Section

175.7(d)(3) of the DoD Rule provides that the LRA's plan generally will

be used as the basis for the proposed disposal action.

The Federal Property and Administrative Service Act of 1949, 40

U.S.C. 484 (1994), as implemented by the FPMR, identifies several

mechanisms for disposing of surplus base closure property: by public

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

Sec. 101-47.304-9); and by competitive sale (FPMR 101-47.304-7).

Additionally, in Section 2905(b)(4), the DBCRA established economic

development conveyances as a means of disposing of surplus base closure

property. The selection of any particular method of conveyance merely

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

Decisions concerning whether to undertake a public benefit conveyance

or an economic development conveyance, or to sell

[[Page 59171]]

property by negotiation or by competitive bid, are left to the Federal

agency's discretion. Selecting a method of disposal implicates a broad

range of factors and rests solely within the Secretary of the Navy's

discretion.

Conclusion

The LRA's proposed reuse of NAWC Warminster, reflected in the Reuse

Plan, is consistent with the requirements of the FPMR and Section 174.4

of the DoD Rule. The LRA has determined in its Reuse Plan that the

property should be used for various purposes including residential,

commercial, municipal, assisted living, low income and homeless

assistance, and parks and recreational activities. The property's

location, physical characteristics, and existing infrastructure as well

as the current uses of adjacent property make it appropriate for the

proposed uses.

The Reuse Plan responds to local economic conditions, promotes

rapid economic recovery from the impact of the closure of NAWC

Warminster, and is consistent with President Clinton's Five-Part Plan

for Revitalizing Base Closure Communities, which emphasizes local

economic redevelopment and creation of new jobs as the means to

revitalize these communities. 32 CFR parts 174 and 175, 59 FR 16,123

(1994).

Although the ``No Action'' Alternative has less potential for

causing adverse environmental impacts, this Alternative would not take

advantage of the property's location, physical characteristics, and

infrastructure or the current uses of adjacent property. Additionally,

it would not foster local economic redevelopment of the NAWC Warminster

property.

The acquiring entities, under the direction of Federal, State, and

local agencies with regulatory authority over protected resources, will

be responsible for adopting practicable means to avoid or minimize

environmental harm that may result from implementing the Reuse Plan.

Accordingly, Navy will dispose of the surplus Federal property at

Naval Air Warfare Center, Aircraft Division, Warminster, Pennsylvania,

in a manner that is consistent with the Federal Lands Reuse Authority

of Bucks County's Reuse Plan for the property.

Dated: October 15, 1999.

William J. Cassidy, Jr.,

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

Dated: October 27, 1999.

J.L. Roth,

Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy,

Federal Register Liaison Officer.

[FR Doc. 99-28646 Filed 11-1-99; 8:45 am]

BILLING CODE 3810-FF-M