Revitalizing Base Closure Communities and Community Assistance Community Redevelopment and Homeless Assistance

Federal RegisterOct 28, 1996

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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 92

Revitalizing Base Closure Communities and Community Assistance--

Community Redevelopment and Homeless Assistance

CFR Correction

In title 32 of the Code of Federal Regulations, parts 1 to 190,

revised as of July 1, 1996, part 92 is added as follows:

PART 92--REVITALIZING BASE CLOSURE COMMUNITIES AND COMMUNITY

ASSISTANCE--COMMUNITY REDEVELOPMENT AND HOMELESS ASSISTANCE

Sec.

92.1 Purpose.

92.5 Definitions.

92.10 Applicability.

92.15 Waivers and extensions of deadlines.

92.20 Overview of the process.

92.25 HUD's negotiations and consultations with the LRA.

92.30 LRA application.

92.35 HUD's review of the application.

92.40 Adverse determinations.

92.45 Disposal of buildings and property.

Authority: 10 U.S.C. 2687 note.

Sec. 92.1 Purpose.

This part implements the Base Closure Community Redevelopment and

Homeless Assistance Act (Pub. L. 103-421, approved October 25, 1994).

It describes the roles and responsibilities of the Department of

Defense (DoD), the Department of Housing and Urban Development (HUD),

Local redevelopment Authorities (LRAs), and representatives of the

homeless in planning and implementing the reuse of domestic military

installations that are approved for closure or realignment.

Specifically, this part describes the guidance DoD and HUD provide to

the LRA, the planning documents the LRA develops and submits to DoD and

HUD in planning the reuse of these installations, and the standards of

review that HUD observes when reviewing the documents submitted by the

LRA. Pub. L. 103-421 authorizes HUD to determine whether the plan for

the reuse of the installation proposed by LRA balances the community

development, economic redevelopment and other development needs of the

communities in the vicinity of the installation with the needs of the

homeless in those communities.

Sec. 92.5 Definitions.

As used in this part:

CERCLA. Comprehensive Environmental Response, Compensation, and

Liability Act (42 U.S.C. 9601 et seq).

Communities in the vicinity of the installation. The communities

that constitute the political jurisdictions (other than the State in

which the installation is located) that comprise the LRA for the

installation.

Consolidated Plan. The plan prepared in accordance with the

requirements of 24 CFR part 91.

Continuum of care system. (1) Comprehensive homeless assistance

system that includes:

(i) A system of outreach and assessment for determining the needs

and condition of an individual or family who is homeless, or whether

assistance is necessary to prevent an individual or family from

becoming homeless;

(ii) Emergency shelters with appropriate supportive services to

help ensure that homeless individuals and families receive adequate

emergency shelter and referral to necessary service providers or

housing finders;

(iii) Transitional housing with appropriate supportive services to

help those homeless individuals and families that are not prepared to

make the transition to independent living;

(iv) Housing with or without supportive services that has no

established limitation on the amount of time of residence to help meet

long-term needs of homeless individuals and families; and

(v) Any other activity that clearly meets an identified need of the

homeless and fills a gap in the continuum of care.

(2) Supportive services enable homeless persons and families to

move through the continuum of care toward independent living. These

services include, but are not limited to case management, housing

counseling, job training and placement, primary health care, mental

health services, substance abuse treatment, child care, transportation,

emergency food and clothing, family violence services, education

services, moving services, assistance in obtaining entitlements, and

referral to veterans services and legal services.

Day. One calendar day including weekends and holidays.

DoD. Department of Defense.

HHS. Department of Health and Human Services.

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Homeless person.

(1) An individual or family who lacks a fixed, regular, and

adequate nighttime residence; and

(2) An individual or family who has a primary nighttime residence

that is:

(i) A supervised publicly or privately operated shelter designed to

provide temporary living accommodations (including welfare hotels,

congregate shelters and transitional housing for the mentally ill);

(ii) An institution that provides a temporary residence for

individuals intended to be institutionalized; or

(iii) A public or private place not designed for, or ordinarily

used as, a regular sleeping accommodation for human beings.

(3) This term does not include any individual imprisoned or

otherwise detained under an Act of the Congress or a State law.

HUD. Department of Housing and Urban Development.

Installation. A base, camp, post, station, yard, center, homeport

facility for any ship or other activity under the jurisdiction of DoD

which is approved for closure or realignment under the Base Closure and

Realignment Act of 1988 (Pub. L. 100-526) and the Defense Base Closure

and Realignment Act of 1990 (Pub. L. 101-510) (both at 10 U.S.C. 2687,

note), both as amended by the National Defense Authorization Act for

Fiscal Year 1994 (Pub. L. 103-160, 107 Stat. 1909).

Local redevelopment authority (LRA). Any authority or

instrumentality established by state or local government and recognized

by the Secretary of Defense, through the Office of Economic Adjustment,

as the entity responsible for developing the redevelopment plan with

respect to the installation or for directing implementation of the

plan.

NEPA. National Environmental Policy Act of 1969 (42 U.S.C. 4320).

OEA. Office of Economic Adjustment, U.S. Department of Defense.

Private nonprofit organization. An organization no part of the net

earnings of which inures to the benefit of any member, founder,

contributor, or individual; that has a voluntary board; that has an

accounting system or has designed an entity that will maintain a

functioning accounting system for the organization in accordance with

generally accepted accounting procedures; and that practices

nondiscrimination in the provision of assistance.

Redevelopment plan. A conceptual land use plan prepared by the

recognized LRA to guide local reuse of the former military

installation.

Representative(s) of the homeless. A State or local government

agency or private nonprofit organization, including a homeless

assistance planning board, that provides or proposes to provide

services to the homeless.

Substantially equivalent. Property that is functionally suitable

for the approved Title V application. For example, if the

representative of the homeless had an approved Title V application for

a building that would accommodate 100 homeless persons in an emergency

shelter, the replacement facility would also have to accommodate 100 at

a comparable cost for renovation.

Substantially equivalent funding. Sufficient funding to acquire a

substantially equivalent facility.

Surplus property. Any property not required for the needs and the

discharge of the responsibilities of any Federal land holding agency as

determined by the Secretary of Defense.

Title V. Title V of the Stewart B. McKinney Homeless Assistance Act

of 1987 (42 U.S.C. 11411) as amended by the National Defense

Authorization Act for Fiscal Year 1994 (Pub. L. 103-160).

Urban county. A county within a metropolitan area as defined at 24

CFR 570.3.

Sec. 92.10 Applicability.

(a) General. This part applies to all installations that are

approved for closure/realignment by the President and Congress under

Pub. L. 101-510 after October 25, 1994.

(b) Request for inclusion under this process. This part also

applies to installations that were approved for closure/realignment

under either Pub. L. 100-526 or Pub. L. 101-510 prior to October 25,

1994 and for which an LRA submitted a request for inclusion under this

part to DoD by December 24, 1994. A list of such requests was published

in the Federal Register on May 30, 1995 (60 FR 28089-28091).

(1) Installations with pending but not approved Title V

applications as of October 25, 1994. The LRA shall consider and

specifically address any application for use of buildings and property

to assist the homeless that were received by HHS prior to October 25,

1994 and were pending with the Secretary of HHS on that date. These

pending requests shall be addressed in the LRA's homeless assistance

submission.

(2) Installations with approved Title V applications. Where

property has an approved Title V application, yet has not been assigned

or otherwise disposed of by the Military Department, the LRA must

insure that its homeless assistance submission provides the Title V

applicant with:

(i) The property requested;

(ii) Properties, on or off the installation, that are substantially

equivalent to those requested;

(iii) Sufficient funding to acquire such substantially equivalent

properties;

(iv) Services and activities that meet the needs identified in the

application; or

(v) A combination of the properties, funding and services and

activities described previously.

(c) Revised Title V process. All other installations approved for

closure or realignment under either Pub. L. 100-526 or Pub. L. 101-510

prior to October 25, 1994 for which there has been no request for

consideration under this part, are covered by the process stipulated

under Title V. Buildings or property that were transferred or leased

for homeless use under Title V prior to October 25, 1994 may not be

reconsidered under this part.

Sec. 92.15 Waivers and extensions of deadlines.

(a) After consultation with the LRA and HUD, DoD, through the

Assistant Secretary of Defense (Economic Security), upon a finding that

it is in the interest of the communities affected by the closure/

realignment of the installation, may extend or postpone any deadline

contained in this part.

(b) Upon completion of a determination and finding of good cause,

and except for deadlines and actions required on the part of DoD, HUD

may waive any provision of Secs. 92.20 through 92.45 in any particular

case, subject only to statutory limitations.

Sec. 92.20 Overview of the process.

(a) Responsibilities of the Military Department. The Military

Department shall make installation properties available to other DoD

components and Federal agencies pursuant to 32 CFR part 91. The

Military Department will keep the LRA informed of other Federal

interest in the property during this process. Upon completion of this

process the Military Department will notify HUD and will notify either

the LRA, or the Chief Executive Officer of the state, as appropriate,

and publish a list of surplus property on the installation that will be

available for reuse in the Federal Register and a newspaper of general

circulation in the communities in the vicinity of the installation.

(b) Recognition of the LRA. As soon as practicable after the list

of installations

[[Page 55569]]

recommended for closure or realignment is approved, DoD, through OEA,

will recognize an LRA for the installation. Upon recognition, DoD shall

publish the name, address, and point of contact for the LRA in the

Federal Register and in a newspaper of general circulation in the

communities in the vicinity of the installation.

(c) Responsibilities of the LRA. The LRA should begin to conduct

outreach efforts with respect to the installation as soon as is

practicable after the date of approval of closure/realignment of the

installation. Although the process may begin at any time after this

date of approval, the local reuse planning process must begin no later

than the completion of Federal screening procedures which is deemed to

be the date of the DoD Federal Register publication of available

property described at Sec. 92.20(a). For those installations that have

begun the process described in this part prior to publication of this

rule, HUD will, on a case by case basis, determine whether the

statutory requirements have been fulfilled and whether any additional

requirements listed in this part should be required. Upon the Federal

Register publication described in Sec. 92.20(a), the LRA shall:

(1) Publish, within 30 days, in a newspaper of general circulation

in the communities in the vicinity of the installation, the time period

during which the LRA will receive notices of interest from state and

local governments, representatives of the homeless, and other

interested parties. This publication shall include the name, address,

telephone numbers and the point of contact for the LRA and information

on the prescribed form and contents of the notice of interest. The LRA

shall notify DoD of the deadline specified for receipt of notices of

interest.

(i) For all installations selected for closure or realignment prior

to 1995 that have elected to proceed under Pub. L. 103-421 and which

have begun receiving notices of interest prior to publication of this

rule, the LRA shall have accepted notices of interest for not less than

30 days and not more than 180 days from the date the LRA submitted a

request for inclusion under this process as described at Sec. 92.10(b).

For installations selected for closure or realignment prior to 1995 for

which the LRA has not begun or has not completed the acceptance of

notices of interest prior to publication of this part, the LRA shall

accept notices of interest for not less than 30 days and not more than

90 days from the later of the date of publication of this part or the

date of HUD's publication of 24 CFR part 586.

(ii) For installations selected for closure or realignment in 1995

or thereafter, notices of interest shall be accepted for a minimum of

90 days and not more than 180 days.

(2) Prescribe the form and contents of notices of interest.

(i) The LRA may not release to the public any information submitted

under this part without the consent of the representative of the

homeless concerned unless such release is authorized under Federal law

and under the law of the state and communities in which the

installation concerned is located.

(ii) The notices of interest from representatives of the homeless

must include:

(A) A description of the homeless assistance program proposed,

including the purposes to which the property or facility will be put,

which may include uses such as supportive services, job and skills

training, employment programs, shelters, transitional housing or

housing with no established limitation on the amount of time of

residence, food and clothing banks, treatment facilities, or any other

activity which clearly meets an identified need of the homeless and

fills a gap in the continuum of care;

(B) A description of the need for the program;

(C) A description of the extent to which the program is or will be

coordinated with other homeless assistance programs in the communities

in the vicinity of the installation;

(D) Information about the physical requirements necessary to carry

out the program including a description of the buildings and property

at the installation that are necessary to carry out the program;

(E) A description of the representative of the homeless which is

submitting the notice, its capacity to carry out the program and its

financial plan for implementing the program; and

(F) An assessment of the time required in order to commence

carrying out the program.

(iii) The notices of interest from entities other than

representatives of the homeless should specify the name of the entity

and specific interest in property or facilities, along with a

description of the planned use.

(3) Undertake outreach efforts to representatives of the homeless

by contacting local government officials and other persons or entities

that may be interested in assisting the homeless within the vicinity of

the installation.

(i) The LRA may invite persons and organizations identified on the

HUD list of representatives of the homeless and any other

representatives of the homeless with which the LRA is familiar,

operating in the vicinity of the installation, to the workshop

described in Sec. 92.20(c)(3)(ii).

(ii) The LRA in coordination with the Military Department and HUD

shall conduct at least one workshop where representatives of the

homeless have an opportunity to:

(A) Learn about the closure/realignment and disposal process;

(B) Tour the buildings and properties available either on or off

the installation;

(C) Learn about the LRA's process and schedule for receiving

notices of interest as guided by Sec. 92.20(c)(2); and

(D) Learn about any known land use constraints affecting the

available property and buildings.

(iii) The LRA should meet with representatives of the homeless that

express interest in discussing possible uses for these properties to

alleviate gaps in the continuum of care.

(4) Consider various properties in response to the notices of

interest. The LRA may consider property that is located off the

installation.

(5) Develop an application, which includes the redevelopment plan

and the homeless assistance submission. This application shall consider

the notices of interest received from state and local governments,

representatives of the homeless, and other interested parties. This

shall include, but not be limited to, entities eligible for public

benefit transfers under the Federal Property and Administrative

Services Act of 1949, as amended (40 U.S.C. 472); representatives of

the homeless; commercial, industrial, and residential development

interests; and, other interests. From the deadline date for receipt of

notices of interest described at Sec. 92.20(c)(1), the LRA shall have

270 days to complete and submit the LRA application to DoD and HUD. The

application requirements are described at Sec. 92.30.

(6) Make the draft application available to the public for review

and comment throughout the process of developing the application. The

LRA must conduct at least one public hearing on the application prior

to its submittal to HUD and DoD, and a summary of these public comments

shall be included in the application when it is submitted.

(d) State, local, and public benefit screening. The LRA should,

while conducting its outreach efforts, work with the federal agencies

that sponsor

[[Page 55570]]

public benefit transfers under the Federal Property and Administrative

Services Act of 1949. Those agencies can provide a list of parties in

the vicinity of the installation that might be interested in and

eligible for public benefit transfers. The LRA should make a reasonable

effort to inform such parties of the availability of the property and

incorporate their interests within the planning process. These requests

are not required to be met, but must be considered.

Sec. 92.25 HUD's negotiations and consultations with the LRA.

HUD may negotiate and consult with the LRA before or during the

course of preparation of the LRA application and during HUD's review

thereof with a view toward avoiding any preliminary determination that

the application does not meet any requirement of this part. HUD will

provide the LRA with a list of persons and organizations that are

representatives of the homeless operating in the vicinity of the

installation.

Sec. 92.30 LRA application.

(a) Redevelopment plan. A copy of the redevelopment plan shall be

part of the application.

(b) Homeless assistance submission. This component of the

application shall include the following:

(1) Information about homelessness in the communities in the

vicinity of the installation.

(i) A list of all the jurisdictions which comprise the LRA.

(ii) A description of the unmet need in the continuum of care

system within each jurisdiction, which should include information about

any gaps that exist in the continuum of care for particular homeless

subpopulations The source for this information shall depend upon the

size and nature of the jurisdiction(s) that comprise the LRA. LRAs

representing:

(A) Jurisdictions that are required to submit a Consolidated Plan

shall include a copy of their Homeless and Special Needs Population

Table, Priority Homeless Needs Assessment Table, and narrative

description thereof from that Consolidated Plan including the inventory

of facilities and services that assist the homeless in the

jurisdiction.

(B) Jurisdictions that are part of an urban county that is required

to submit a Consolidated Plan shall include a copy of their Homeless

and Special Needs Population Table, Priority Homeless Needs Assessment

Table, and narrative description thereof from that Consolidated Plan

including the inventory of facilities and services that assist the

homeless in the jurisdiction. In addition, the LRA shall explain what

portion of the homeless population and subpopulations described in the

Consolidated Plan are attributable to the jurisdiction it represents.

(C) Jurisdictions not described by paragraph (b)(1)(ii)(A) or

(b)(1)(ii)(B) of this section shall submit a narrative description of

what it perceives to be the homeless population within the

jurisdiction(s) it represents and a brief inventory of the facilities

and services that assist homeless persons and families within each

jurisdiction. LRAs that represent these jurisdictions are not required

to conduct surveys of the homeless population.

(2) Proposed assistance to homeless persons and families. (i) A

description of the proposed activities to be carried out on or off the

installation and a discussion of how these activities meet the needs of

the homeless by addressing the gaps in the continuum of care. The

activities need not be limited to expressions of interest in property,

but may also include discussion of how economic redevelopment may

benefit the homeless;

(ii) A copy of each notice of interest from representatives of the

homeless for use of building and property and a description of the

manner in which the LRA application addresses the need expressed in

each notice of interest. If the LRA determines that a particular notice

of interest should not be awarded property, an explanation of why the

LRA determined not to support that notice of interest, the reasons for

which may include the impact of the program contained in the notice of

interest on the community as described in paragraph (b)(2)(iii) of this

section; and

(iii) A description of the impact that the implemented

redevelopment plan will have on the community. This shall include

information on how the LRA's redevelopment plan might impact the

character of existing neighborhoods adjacent to the properties proposed

to be used to assist the homeless and should discuss alternative plans.

Impact on schools, social services, transportation, infrastructure,

concentration of minorities and/or low income persons also shall be

discussed.

(3) Buildings and properties. (i) A copy of the legally binding

agreements that the LRA proposes to enter into with the

representative(s) of the homeless selected by the LRA to implement

homeless programs that fill gaps in the existing continuum of care. The

legally binding agreements shall provide for a process for negotiating

alternative arrangements that would enable the same balance of

interests made originally in the event that an environmental review

conducted under Sec. 92.45(a) subsequent to HUD approval indicates that

any property identified for transfer in the agreement is not suitable

for the intended purpose. Legally binding agreements must also provide

for the reversion or transfer, either to the LRA or to another entity

or entities of the buildings and property in the event they cease to be

used for the homeless;

(ii) A description of how buildings and properties either on or off

the installation will be used to fill some of the gaps in the current

continuum of care system and an explanation of the suitability of the

buildings and property for that use; and

(iii) Information on the availability of general services such as

transportation, police, fire, and a discussion of infrastructure such

as water, sewer, and electricity in the vicinity of the proposed

homeless activities.

(4) Balance with economic and other development needs. (i) An

assessment of the manner in which the application balances the

expressed needs of the homeless and the needs of the communities

comprising the LRA for economic redevelopment and other development;

and

(ii) An explanation of how the LRA application is consistent with

the appropriate Consolidated Plan(s) or any other existing housing,

social service, community, economic, or other development plans adopted

by the jurisdictions in the vicinity of the installation.

(5) Outreach. The LRA shall explain how the outreach requirements

described at Sec. 92.20(c)(3) have been fulfilled. This explanation

shall include a list of the representatives of the homeless with which

the LRA consulted in preparing the application.

(c) Public comments. The LRA application shall include the

materials described at Sec. 92.20(c)(6). These materials shall be

prefaced with an overview of the citizen participation process observed

in preparing the application.

Sec. 92.35 HUD's review of the application.

(a) Timing. HUD shall complete a review of each application no

later than 60 days after its receipt by HUD.

(b) Standards of review. The purpose of the review is to determine

whether the application is complete and, with respect to the expressed

interest and requests of representatives of the homeless, whether the

redevelopment plan:

(1) Need. Takes into consideration the size and nature of the

homeless

[[Page 55571]]

population in the communities in the vicinity of the installation, the

availability of existing services in such communities to meet the needs

of the homeless in such communities, and the suitability of the

buildings and property covered by the application for use and needs of

the homeless in such communities.

(2) Impact. Takes into consideration any economic impact of the

homeless assistance under the plan on the communities in the vicinity

of the installation, including:

(i) Whether the plan is feasible in light of demands that would be

placed on available social services, police and fire protection, and

infrastructure in the community; and

(ii) Whether the application is consistent with the Consolidated

Plan(s) or any other existing housing, social service, community,

economic, or other development plans adopted by the jurisdictions in

the vicinity of the installation.

(3) Balance. Balances in an appropriate manner the needs of the

communities in the vicinity of the installation for economic

redevelopment and other development with the needs of the homeless in

such communities.

(4) Outreach. Was developed in consultation with representatives of

the homeless and the homeless assistance planning boards, if any, in

the communities in the vicinity of the installation.

(i) HUD will examine whether the outreach requirements described at

Sec. 92.20(c)(3) have been fulfilled by the LRA. HUD will carefully

review the outreach process to insure that the LRA advertised the

availability of installation properties to representatives of the

homeless.

(ii) HUD will compare the list of homeless representatives

contacted by the LRA against contacts maintained by the local HUD Field

Office.

(5) Properties. Specifies the manner in which buildings and

property, resources, and assistance on or off the installation will be

made available for homeless assistance purposes. HUD will be mindful of

the uniqueness of each installation. HUD will review this process so

that it is confident that the LRA will make these buildings and

properties available to representatives of the homeless in a timely

fashion.

(c) Notice of determination. (1) HUD shall, no later than the 60th

day after its receipt of the application, unless such deadline is

extended pursuant to Sec. 92.15(a), send written notification both to

DoD and the LRA of its preliminary determination that the application

meets or fails to meet the requirements of paragraph (b) of this

section. If the application fails to meet the requirements, HUD will

send the LRA:

(i) A summary of the deficiencies in the application;

(ii) An explanation of the determination; and

(iii) A statement of how the LRA must address the determinations.

(2) In the event that no application is submitted and no extension

is requested as of the deadline specified in Sec. 92.20(c)(5), and the

state turns down a DoD written request to become recognized as the LRA,

the absence of such application will trigger an adverse determination

by HUD effective on the date of the lapsed deadline. Under these

conditions, HUD will follow the process described at Sec. 92.40.

(d) Opportunity to cure. (1) The LRA shall have 90 days from its

receipt of the notice of preliminary determination under paragraph

(c)(1) of this section within which to submit to HUD a revised

application which addresses the determinations listed in the notice.

Failure to submit a revised application shall result in a final

determination that the redevelopment plan fails to meet the

requirements of paragraph (b) of this section.

(2) HUD shall, within 30 days of its receipt of the LRA's

resubmission, send written notification of its final determination to

both DOD and the LRA.

Sec. 92.40 Adverse determinations.

(a) Solicitation of proposals. If HUD determines that the LRA's

resubmission fails to meet the requirements of Sec. 92.35(b) or if no

resubmission is received, HUD:

(1) Shall review the original application including the notices of

interest submitted by representatives of the homeless;

(2) Shall consult with the representatives of the homeless, if any,

for purposes of evaluating the continuing interest of such

representatives in the use of buildings or property at the installation

to assist the homeless; and

(3) May request that each homeless representative submit a proposal

for use of buildings or property at the installation to assist the

homeless, including:

(i) A description of the program of such representative to assist

the homeless;

(ii) A description of the manner in which the buildings and

property that the representative proposes to use for such purpose will

assist the homeless;

(iii) Such information as HUD requires in order to determine the

financial capacity of the representative to carry out the program and

to ensure that the program will be carried out in compliance with

Federal environmental law and Federal law against discrimination; and

(iv) A certification from the local community that police services,

fire protection services, and water and sewer services available in the

communities in the vicinity of the installation concerned are adequate

for the program.

(b) Review of proposals. HUD shall review the proposal in

accordance with the following criteria:

(1) The degree to which the proposal submitted by the

representatives meets each of the four criteria listed in paragraph

(a)(3) of this section.

(2) The extent to which the proposal fills a gap in the community's

continuum of care system.

(3) The extent to which the proposal balances in an appropriate

manner the needs for the communities in the vicinity of the

installation for economic development and other development with the

needs of the homeless.

(4) How the proposal specifies the manner in which buildings and

property and resources and assistance on and off the installation will

be made available for the homeless.

(c) Environmental review. HUD, in cooperation with DoD, shall

complete an environmental review under NEPA and other applicable

environmental laws and authorities listed in 24 CFR 50.4 before

accepting a proposal under this part.

(d) Notice of decision. HUD shall notify DOD and the LRA, within 90

days of its receipt of the revised application, of its acceptance of a

proposal and shall identify the buildings and property to be disposed

of and the entities to which they should be transferred.

Sec. 92.45 Disposal of buildings and property.

(a) Public benefit transfer screening. After the local

redevelopment plan is accepted for planning purposes by the Military

Department and accepted by HUD, the Military Department will conduct an

official public benefit transfer screening in accordance with the

Federal Property Management Regulations (41 CFR 101-47.303-2) based

upon the uses identified in the redevelopment plan. Federal sponsoring

agencies shall notify eligible applicants that any request for property

must be consistent with the uses identified in the redevelopment plan.

At the request of the LRA, the Military Department may conduct the

official state and local public benefit screening before the completion

of the redevelopment plan.

[[Page 55572]]

(b) Environmental review. The Military Department shall complete an

environmental review of the installation in compliance with NEPA and

CERCLA prior to disposal of the property. The Military Department may

adopt an environmental review completed under Sec. 92.40(c).

(c) Disposal. Upon receipt of a notice of approval of an

application from HUD under Sec. 92.35(c) and Sec. 92.40(d), DOD shall,

without consideration, dispose of the subject buildings and property in

compliance with the approved application, either to the LRA or directly

to the representative(s) of the homeless.

(d) LRA's responsibility. The LRA shall be responsible for the

implementation of and compliance with legally binding agreements under

the application.

(e) Reversions to the LRA. If a building or property reverts to the

LRA under a legally binding agreement under the application, the LRA

shall take appropriate actions to secure, to the maximum extent

practicable the utilization of the building or property by other

homeless representatives to assist the homeless. An LRA may not be

required to utilize the building or property to assist the homeless.

BILLING CODE 1505-01-D

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