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CCP 06-09-2003
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CCP 06-09-2003
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<br />. <br /> <br />department had to "covenant" that all remedial actions necessary to <br />protect human health and the environment had been taken prior to the <br />transfer of the property. Consequently, the property transfer and any <br />possible economic development were often delayed while the military <br />department cleaned up the property. <br /> <br />In September 1996, fedcral law was amended to allow federal agencies <br />to transfer property before all necessary cleanup actions have been <br />taken. This provision, known as the Early Transfer Authority (ETA), <br />authorizes the deferral of the aforementioned covenant under certain <br />circumstances. Dcferral of the covcnant is contingent on a finding that <br />the property is suitable for transfer for the use intended by the <br />transferee and the intended use is consistent with the protection of <br />human health and the environment. The military department must also <br />assure that all necessary response action that is approved by the <br />appropriate regulatory agency will be taken at the site. The Governor <br />of the state where the property is located must concur with the deferral <br />request. <br /> <br />. Land use controls (LUCs) <br /> <br />. <br /> <br />Another way to facilitate the transfer of property and allow economic <br />development to begin is through thc judicious use of land use controls. <br />LUCs include any type of physical, legal, or administrative mechanism <br />that restricts the use of, or limits access to, real property to prevent or <br />reduce risks to human health and the environment. Physical <br />mechanisms encompass a variety of engineered remedies to contain or <br />reduce contamination and/or physical barriers to limit access to <br />property, such as fences or signs. Legal mechanisms include restrictive <br />covenants, negative easements, equitable servitudes, and deed notices. <br />Administrative mechanisms include notices, adopted local land use <br />plans and ordinances, construction permitting or other existing land <br />use management systems that may be used to ensure compliance with <br />restrictions. <br /> <br />LUCs may be used in a number of situations. LUCs may be used <br />when, as a result of the remedy selection process, it is determined that <br />containment or treatment of contaminants is not necessary to protect <br />human health but that some measure of control is necessary. LUCs <br />may also be used as interim measures while conducting environmental <br />investigations before an cnvironmental remediation decision is made. <br /> <br />. No-cost economic development conveyance (no-cost ED e) <br /> <br />. <br /> <br />In 1993, Congress created the economic development conveyance <br />(EDC), a property conveyance authority that was designed specifically <br />to ease the economic hardship caused by base closures and <br />realignments and to fostcr rapid job creation in the adversely impacted <br />local communities. This gave the DOD the ability to transfer property <br />to the LRA for consideration or at below estimated fair market value, <br />to spur economic development and job creation. <br /> <br />While successful, the EDC process in some cases involved lengthy and <br />sometimes contentious negotiations over fair market value, which not <br />
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