32 C.F.R. § 174.9 Economic development conveyances.
Title 32 - National Defense
(a) The Secretary concerned may transfer real property and personal property to the LRA for purposes of job generation on the installation. Such a transfer is an Economic Development Conveyance (EDC). (b) For installations having a date of approval for closure after January 1, 2005, the Secretary concerned shall seek to obtain consideration in connection with any transfer under this section in an amount equal to the fair market value of the property. (c) An LRA is the only entity able to receive property under an EDC. (d) A properly completed application will be used to decide whether an LRA will be eligible for an EDC. An LRA may submit an EDC application only after it adopts a redevelopment plan. The Secretary concerned shall establish a reasonable time period for submission of an EDC application after consultation with the LRA. The Secretary will review the application and make a decision whether to make an EDC based on the criteria specified in paragraph (g) of this section; such decision will only be made after the Secretary has notified and obtained the concurrence of the Deputy Under Secretary of Defense (Installations & Environment) of the proposed decision. The terms and conditions of the EDC will be negotiated between the Secretary and the LRA. (e) The application should explain why an EDC is necessary for job generation on the installation. In addition to the following elements, after the Secretary concerned reviews the application, additional information may be requested to allow for a better evaluation of the application: (1) A copy of the adopted redevelopment plan. (2) A project narrative including the following: (A) A general description of the property requested. (B) A description of the intended uses. (C) A description of the economic impact of closure or realignment on the local community. (D) A description of the financial condition of the community and the prospects for redevelopment of the property. (E) A statement of how the EDC is consistent with the overall redevelopment plan. (3) A description of how the EDC will contribute to short- and long-term job generation on the installation, including the projected number and type of new jobs it will assist in generating. (4) A business/operational plan for the EDC parcel, including such elements as: (A) A development timetable, phasing schedule, and cash flow analysis. (B) A market and financial feasibility analysis describing the economic viability of the project, including an estimate of net proceeds over a fifteen-year period, the proposed consideration or payment to the Department of Defense, and the estimated present fair market value of the property. (C) A cost estimate and justification for infrastructure and other investments needed for the development of the EDC parcel. (D) Local investment and proposed financing strategies for the development. (5) A statement describing why other authorities, such as public or negotiated sales and public benefit conveyances for education, parks, public health, aviation, historic monuments, prisons, and wildlife conservation, cannot be used to accomplish the job generation goals. (6) Evidence of the LRA's legal authority to acquire and dispose of the property. (7) Evidence that the LRA has full authority to perform all of the actions required of it pursuant to the terms of the EDC, can demonstrate through agreements or assurances that the LRA has the appropriate local government approvals to implement the approved reuse plan, and that the officers executing the EDC documents on behalf of the LRA have full authority to do so. (8) Proof the LRA has obtained sufficient financing for acquiring the EDC property and carrying out the LRA's redevelopment objectives. (f) Upon receipt of an application for an EDC, the Secretary concerned will determine whether an EDC is needed for purposes of job generation and examine whether the terms and conditions proposed are fair and reasonable. The Secretary may also consider information independent of the application, such as views of other Federal agencies, appraisals, caretaker costs, and other relevant material. The Secretary may propose and negotiate any alternative terms or conditions that the Secretary considers necessary seeking always to obtain an amount equal to the fair market value. (g) The following factors will be considered, as appropriate, in evaluating the application and the terms and conditions of the proposed transfer, including price, time of payment, and other relevant methods of compensation to the Federal government. (1) Adverse economic impact of closure or realignment on the region and potential for economic recovery through an EDC. (2) Extent of short- and long-term job generation. (3) Consistency with the entire redevelopment plan. (4) Financial feasibility of the development, including market analysis and need and extent of proposed infrastructure and other investments. (5) Extent of state and local investment, level of risk incurred, and the LRA's ability to implement the plan. (6) Current local and regional real estate market conditions. (7) Incorporation of other Federal agency interests and concerns, and applicability of, and conflicts with, other Federal surplus property disposal authorities. (8) Relationship to the overall Military Department disposal plan for the installation. (9) Economic benefit to the Federal Government, including protection and maintenance cost savings and anticipated consideration from the transfer. (10) Compliance with applicable Federal, state, interstate, and local laws and regulations. (h) Before making an EDC, the Secretary concerned shall prepare an estimate of the fair market value of the property. (1) In preparing the estimate of fair market value, the Secretary concerned shall use the most recent edition of the Uniform Appraisal Standards for Federal Land Acquisitions, published by the Appraisal Institute in cooperation with the U.S. Department of Justice. (2) The Secretary concerned shall consult with the LRA on valuation assumptions, guidelines, and on instructions given to the appraiser. (3) The Secretary concerned is fully responsible for completion of the valuation. The Secretary, in preparing the estimate of fair market value shall consider the proposed uses identified in the redevelopment plan to the extent that they are not inconsistent with the highest and best use.
Title 32: National Defense
PART 174—REVITALIZING BASE CLOSURE COMMUNITIES AND ADDRESSING IMPACTS OF REALIGNMENT
Subpart D—Real Property
§ 174.9 Economic development conveyances.
