CCP 02-22-2000 - Laserfiche WebLink

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The second type of agreement the Secretary may enter into is one in which the consideration is below the estimated range of fair market value, where proper justification is provided. . If the DOD fmds that a discount will be necessary to foster local economic redevelopment and job creation, they can transfer the property for less then the estimated range of fair market value. Again, the terms and conditions of payment are negotiable and the DOD is given broad discretion. Effect of the Base Closure Community Redevelopment and Homeless Assistance Act In September 1994, Congress amended the McKinney Homeless Assistance Act by excluding from the Act, federal property located on military installations closed pursuant to the Base Realignment and Closure Act. In its place, Congress promulgated the Base Closure Community and Homeless Assistance Act of 1994.8 The new Act changes the preferential priority that providers for the homeless receive under the McKinney Act. Under the McKinney Act, providers for the homeless are allowed to independently request property prior to the redevclopment authority drafting its redevelopment plan. However, under the new Act, the homeless providers no longer receive a priority position. Rather the redevelopment authority need only consider the needs of the homeless when drafting a redevelopment plan. To safeguard the interests ofthe homeless, the Secretary of Housing and Urban Development must approve the redevelopment plan before the plan can be implemented. The following procedures are necessary to comply with the new requirements of the Base Closure Community and Homeless Assistance Act of 1994: I. Once an installation has been designated for realigmnent or closure, the Secretary of Defense (DOD) must designate those properties on the installation which are surplus or excess and publish their general description in the Federal Register and a newspaper oflocal circulation;9 furnish them to the Secretary of Housing and Urban Development (HUD); and furnish them to an LRA (once recognized). 2. Upon recognition of an LRA, the Secretary must publish in the Federal Register and in a newspaper oflocal circulation information on the LRA.IO 3. State and local goverrunents, representatives of the homeless or other interested parties located in the community may then submit to the LRA a notice of interest in listed properties. The notice must describe the need of such organization for the property. 4. The LRA may assist interested organizations in evaluating available properties for their use. The LRA must also undertake "outreach efforts" to inform representatives of of those otherwise interested in the homeless of the availability of properties or facilities. I I 5. The LRA must establish a deadline for submission of notices of interest and publish it in the Federal Register and a newspaper of local circulation. The deadline must he no earlier then three months but no later then six months after the DOD has published its list of available facilities. 6. The LRA may, after the deadline has passed, prepare a redevelopment plan for the installation. The LRA must, in preparing the redevelopment plan, consider the interests of homeless assistance groups or other interested parties. 7. The LRA and representatives of the homeless must, in connection with the redevelopment plan and if appropriate, enter into legally binding agreements that provide for the use of buildings and property on and off the installation. Such agreements must contain a reversion clause which provides for the return to the LRA of properties provided to assist the homeless which cease being used for that purpose. 8. The LRA must complete the redevelopment plan no later then nine months after the deadline established for submission of notices of interest. 9. The LRA must provide a public comment period prior to submitting the report to the DOD or HUD. 8 See 10 U.S.C. 2087 (note). 9 The term excess means those properties or facilities not needed or wanted by the Department of Defense. The term "surplus" means those properties or facilities not wanted or needed by any other Federal Goverrunent agency. 10 Steps I & 2 do not require any action by an LRA. They are provided merely to keep the entire procedure in context. II The statute does not derme "outreach effort." Comiros, Ltd.lSEH, Inc.lLHDL, Ltd. TeMP Framework Plan Page 8 Chapter VI I .1 I I I I I I I .. I I I I I I .1 I I