Teleconference on Base Closures

Intro

Rebecca Troth, Legal Director and Housing Attorney at the National Law Center on Homelessness & Poverty

Laurel Weir, Policy Director

Base Closure Property

Background

The Base Closure Community Redevelopment and Homeless Assistance Act of 1994, note, 10 U.S.C. 2687, removed base closure properties from the general surplus property program that serves homeless people, Title V of the 1987 McKinney-Vento Homeless Assistance Act. 

1994 Base Closure Act requires that the needs of homeless persons be considered in determining how to use base closure property.  

The 2005 Base Closure Legislation

The Secretary of Defense transmitted to Congress the list of bases that DoD recommended for realignment or closure last May.  DoD  forwarded the recommendations to the Base Closure Commission, which held hearings and submitted its recommendations to the President in August.  The President approved the list and transmitted it to Congress.  The list became legally binding on November 9, 2005.

Can access the list on website, www.nlchp.org. 

What Happens Now

1. Other federal agencies get first crack at the property that is becoming available because of base closure, and must express interest in the base property within 60 days of the closure approval.  After that, the military department with authority over the property must publish a list of the available property in the Federal Register

2. The community must form a Local Redevelopment Authority (LRA) to convert the closed base to nonmilitary uses (DoD regulations are at 32 C.F.R. 174; HUD regulations are at 24 C.F.R. 586)

The Local Redevelopment Authority is any authority or instrumentality that the state or local government has established and that DoD recognizes as the entity responsible for developing the reuse plan.  DoD must publish the name of the LRA and contact information in the Federal Register and in a newspaper of general circulation in the community.

DoD has approved only a small number of LRAs so far.  These are:

·         Davis Communications Site in Davis, CA -- Yolo County Board of Supervisors

·         Naval Weapons Station in Concord, CA -- City of Concord

·         Ft. McPherson, Atlanta, GA -- McPherson Planning Local Redevelopment Authority, Felker Ward, Chair

·         Naval Air Station, Atlanta, GA -- NAS Atlanta Redevelopment Authority, Bob Elsberry, Chair, Marietta, GA

·         Navy Supply Corps School, Athens, GA -- Navy Supply Corps School LRA, Buddy Allen, Chair, Athens, GA

·         Kansas Army Ammunition Plant -- Kansas Army Ammunition Plant LRA, Brian Kinzie, Chair, Labette County Commission, Oswego, KS

·         Naval Air Station, Brunswick, Maine -- Brunswick LRA, Mathew Eddy, Brunswick, Maine

·         Naval Air Station, Brunswick (Topsham Annex) -- Topsham LRA, Gary Brown, Town Manager, Topsham, Maine

·         Red River Army Depot -- Denis Washington, President, Red River Redevelopment Authority, New Boston, Texas

·         Lone Star Ammunition Plant -- Denis Washington, Red River Redevelopment Authority

·         Ft. Monroe -- Brian DeProfio, Asst. to City Manager, Hampton, VA

DoD will be designating a significant number of LRAs soon, which will be posted on www.nlchp.org

3.  After DoD approves the LRA, the LRA must advertise the availability of the former base property in a newspaper of general circulation in the community.  The advertisement must state the period during which it will receive “notices of interest” from homeless assistance providers and state and local government agencies. 

A “notice of interest” is different from a notice of interest under the McKinney Act.  The notice of interest for base closure property should cover the issues the LRA must address in its reuse plan, and must describe the organization’s or government entity’s need for the property, the needs of the homeless population, how the applicant will coordinate with other providers, the ability of the applicant to provide the services, and the suitability of the property for the services contemplated.

4.  After the LRA has completed the outreach process, it has 270 days to generate a redevelopment plan and a homeless assistance submission. 

LRA must negotiate with the homeless providers who submit “notices of interests” and develop legally-binding agreements reflecting the results of those negotiations.

Coordination between the representatives of the homeless community and the LRA is critical to ensuring that needs are met.  Have to make a strong showing of the need for homeless services, and your ability to meet that need.

Can meet needs of homeless people through giving them property directly, but can also negotiate agreements through cash or other resources and assistance. 

Is flexibility under the Act in determining how to meet the needs of the homeless population.

·         Could create jobs or offer job assistance training on the former military base.

·         Could sell property for commercial uses; money from the sales could be put into a trust fund to support rental subsidies or other assistance to homeless people. 

·         Could sell the property and use the proceeds to buy property in a more convenient 
      area.

·         Could rehabilitate the base housing and use it for permanent housing for homeless 
      people.

Because of the options available, and because so many sophisticated organizations will be competing for the property, it’s essential that homeless service providers have sophisticated representation in this process -- people who know real estate and transactions law

Also urge you strongly to partner with other groups or a state or local agency to propose the best program possible.  The more you can show the capacity to operate the program, the stronger your notice of interest will be.  

 
Public-private collaborations are particularly powerful

5.  The Department of Housing and Urban Development (HUD) has to approve the LRA plan, ensuring that the properly takes into account the needs of homeless persons and balances the community’s “need for economic development with the needs of the homeless.”  The Department of Defense approves the plan as well.

III.  Implications for this Year

If you are in area with a military base closure, be aware of the opportunities that will arise

Many units of housing may become available.

Process

You must submit a timely notice of interest with the LRA after it publishes the advertisement.  The notice of interest will be due between three and six months of when the LRA publishes the ad. 

Should be planning for this process now.

Start talking to other service providers and government entities about what needs could be fulfilled through the redevelopment process.  Review the community’s consolidated plan and talk with members of the continuum of care to determine how to maximize the value of the property to the homeless population. 

This information will also be posted on NLCHP’s web site any developments in the base closure process, including the LRA info.

Get a lawyer to help draft a notice of interest and negotiate the legally binding agreement with the LRA.  NLCHP is signing up lawyers to volunteer on a pro bono basis to assist homeless service providers in the base closure process.  Let us know if you are interested and we will try to connect you with someone to help.

Many of the programs that have used base property are described in an NLCHP report on surplus property that was issued in 2004 (Unused but Still Useful:  Acquiring Federal Property to Serve Homeless People”).  It is on the web site, www.nlchp.org.

A Look at the Work in Practice

Fort Ord, California

            The site consists of a group of organizations that have collaborated their different services including, a food bank, childcare, veterans specific, housing, case management, etc. into one single site. They all have a designated space and provide referrals to other programs within the site. The project took several years to secure the property but the outcomes have been recognized for outstanding results. The program is able to meet the needs of all individuals on any level of need.

             One reason for the success is that one organization took the lead in putting the applications together, the Monterey Housing Authority, and all groups use the same information when applying for funding.  After some initial issues, the site now submits collaborative applications for funding which has generated more funds than when the organizations applied separately.

Homestead, Florida

            This site consists of a homeless trust with services onsite including legal as well as offsite vocational training.

Do/Don’ts of Program Development

·         Collaborate-it will strengthen your application

·         Divide up the work when possible

·         Gain the support of local government-housing authority-state agency housing-will be helpful

·         Look for support from local foundations

·         Be flexible and creative-consider many options

·         Research zoning and ordinances-must meet requirements as well as determine what the cost would be to meet those requirements

·         Get legal representation-agreement is what protects the organization

·         Don’t collaborate if it is not a compatible mix

·         Don’t give up control of the site

·         Don’t pose something that you are unable to do technically

·         Make sure that you meet the deadlines-you waive your rights if you miss them.

IV.  Conclusion

Please let us know how we can help.  Becky Troth, at rtroth@nlchp.org; phone is 202-638-2535, ext. 210; Laurel Weir, lweir@nlchp.org, ext. 213.