Department of the Army October 25, 2010 – Federal Register Recent Federal Regulation Documents

The Department of the Army announces the availability of the ROD, which summarizes the decision on how to implement property disposal in accordance with the Defense Base Closure and Realignment Act of 1990 (the Base Closure Act), Public Law 101-510, as amended, following the closure of Fort Monroe, Virginia. The Army has decided to implement its preferred alternative of early transfer of surplus non-reverting federal property to other entities for reuse. Pursuant to the National Environmental Policy Act of 1969 (NEPA) and its implementing regulations, the Army prepared a Final Environmental Impact Statement (FEIS) that includes the evaluation of the environmental and socioeconomic impacts of disposing of surplus Federal property that does not revert to the Commonwealth of Virginia, and the implementation by others of reasonable, foreseeable reuse alternatives for the entire property. Under the early transfer alternative, the Army can transfer and dispose of non-reverting property for redevelopment before environmental remedial actions have been completed. This method of early disposal, allowable under Section 120(h)(3)(C) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), would defer the CERCLA covenant requirement to complete all necessary environmental cleanup prior to the transfer of the remediated property. In this way, parcels could become available for redevelopment and reuse sooner under this disposal alternative than under any other. The Governor of the Commonwealth of Virginia must concur with the deferral request for the non-reversionary property at Fort Monroe.