Disposal Process: BRAC Military Property
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, has delegated conveyance authority to DOD for those DOD surplus properties that are made available through the BRAC process. DOD has subsequently delegated its BRAC disposal authority to the Departments of the Army, Navy, and Air Force, including the authority to manage surplus real property disposals involving PBCs.
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 the 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.