Base Realignment and Closure (BRAC): Transfer and Disposal of Military Property

Abstract

The Defense Base Closure and Realignment Act of 1990 (P.L. 100-526) and the Federal Property and Administrative Services Act of 1949 (P.L. 81-152) provide the basic framework for the transfer and disposal of military installations closed during the base realignment and closure (BRAC) process. In general, property at BRAC installations is first subjected to screening for use by the Department of Defense and by other federal agencies. If no federal use for the property can be found or if an application for transfer is rejected, the property is deemed surplus to the needs of the federal government and made available for disposal through other mechanisms. At this point, BRAC property is subjected to two simultaneous evaluation processes: the redevelopment planning process performed by a local redevelopment authority composed of various interested representatives of the community affected by the BRAC action; and a Department of Defense analysis prepared under the aegis of the National Environmental Policy Act and, eventually, informed by the local redevelopment plan. As a part of this process, screening of the property must be performed to determine if a homeless assistance use would be appropriate. There are also a variety of public benefit transfers, under which the property may be conveyed for various specified public purposes at reduced cost. It is also possible to dispose of BRAC property through the use of a public auction or negotiated sale, for which fair market value or a proxy for fair market value must generally be obtained. Finally the law governing the BRAC process authorizes economic development conveyances, through which a local redevelopment authority may obtain the property for specified purposes, sometimes for no consideration.

Open PDF

Document Details

Document Type
Technical Report
Publication Date
Feb 28, 2013
Accession Number
ADA590334

Entities

People

  • R. C. Mason

Organizations

  • Library of Congress

Tags

Communities of Interest

  • Biomedical

DTIC Thesaurus Topics

  • Agreements
  • Base Closures
  • Congress
  • Department Of Defense
  • Economic Development
  • Environment
  • Environmental Protection
  • Environmental Restoration And Remediation
  • Governments
  • Law
  • Local Governments
  • National Governments
  • National Security
  • Public Health
  • United States
  • United States Government

Readers

  • Environmental Impact Assessment (EIA) of Proposed Air Force Base Actions.
  • Government and Public Administration Law.