BRAC (Base Realignment and Closure)
BRAC Property (Military)
The disposal of surplus Base Realignment and Closure (BRAC) property through the Public Benefit Conveyance (PBC) is handled differently from the disposal of former civilian agency or non-BRAC Department of Defense (DOD) property. As noted in the disposal process for non BRAC property, the General Services Administration, as required by law, delegates conveyance authority to DOD for those DOD surplus properties generated though the BRAC process. DOD has subsequently delegated its BRAC disposal authority -- including the authority to manage surplus real property disposals involving PBCs -- to the Departments of the Army, Navy, and Air Force.
A key difference in the PBC process for the disposal of BRAC property is the participation of a Local Redevelopment Authority (LRA). Though such participation is not required by law, most BRAC closures have historically involved an LRA, which is generally composed of members from the surrounding community or communities affected by the base closure. LRAs have historically been responsible for planning for the future reuse of BRAC property and for acting as the single point of contact between the government and the interests within the communities during the disposal process. The primary function of the LRA is to create a redevelopment plan that proposes the future use of each parcel of surplus real property in the installation. The LRAs and military departments determine what portion of surplus installation property will be disposed of as PBCs. When considering future reuse, LRAs take into consideration community needs, interests of possible reuse recipients, the environmental condition of the property and any necessary remediation.
The LRA is also tasked with giving consideration to local homeless needs. The Base Closure Community Redevelopment and Homeless Assistance Act of 1994 amended the McKinney-Vento Act and the Defense Base Closure and Realignment Act of 1990 to provide for different procedures relating to the use and transferability of properties to assist the homeless at a military installation that is to be closed or aligned under BRAC. Pursuant to the 1994 amendment, the LRA develops a redevelopment plan for the installation and solicits interest from homeless providers. The Department of Housing and Urban Development provides LRAs with technical advice and guidance on the homeless requirements and reviews the redevelopment plan to determine if it appropriately balances the interests of the homeless in the vicinity of the installation with the economic and other redevelopment needs of the community.
The proposed redevelopment plans are then submitted to the respective military department. Although the deeding authority varies among the different public benefit uses, for parcels that have been approved for disposal as PBCs, the Army, Navy, or Air Force generally assigns the property to the appropriate sponsoring agency, which deeds the property to the grantee. Compliance for surplus BRAC property conveyed as public benefit conveyances is handled by the sponsoring agencies in the same manner as surplus former civilian agency or non-BRAC DOD property.
Reverted property returns either to the General Services Administration or the respective military department’s inventory of real property assets.
Non-BRAC Property (Non-military)
The General Services Administration determines the current condition of surplus real property, including any environmental contamination and cleanup required. Pursuant to the McKinney-Vento Homeless Assistance Act, the Department of Housing and Urban Development then reviews the property to determine if it is suitable for homeless use. If the property is considered suitable for homeless use, it is first made available for homeless use consideration 60 days prior to any other public benefit use. If the property is not considered suitable or if there is no interest in the property, it becomes available for all other public benefit uses. State or local governments and qualified nonprofits interested in obtaining the property by public benefit conveyance submit applications to the Maritime Administration describing how they plan to use the property. The Maritime Administration then considers all applications and determines which one proposes the best public use for the property. The Maritime Administration notifies the General Services Administration of the chosen applicant. The General Services Administration assigns the property to the Maritime Administration, so that a deed can be developed and the property can be conveyed to the grantee via a quitclaim deed.
Post Conveyance
Once a property has been conveyed, grantees are responsible for adhering to all restrictions in the quitclaim deed. Examples of deed restrictions include limitations on the property’s use and revenue generation, the length of time to develop or implement the approved use and requirements to allow site inspections by the Maritime Administration and/or other authorized entities, participate in annual compliance reviews and or to submit periodic utilization reports. If the Maritime Administration determines that a grantee is out of compliance, the grantee is notified and the Maritime Administration works with the grantee to help bring the property back into compliance. After continued noncompliance, the Maritime Administration consults with the General Services Administration to decide whether the property should be reverted and, if so, suggests that the General Services Administration take action to revert the property. Reverting the property means repossessing the land that was conveyed to the grantee. If the agencies agree that the property should be repossessed, the property then reverts to the Federal portfolio and is reconsidered for disposal.
Questions?
For questions about BRAC/Non-BRAC conveyance processes, contact the Office of Deepwater Port Licensing & Port Conveyance.