[CPEO-IRF] Proposed Rule

[lsiegel@cpeo.org]

On August 9, 2005, the Defense Department published in the Federal
Register (pp. 46116-46126) the attached proposed rule, "Revitalizing
Base Closure Communities and Addressing Impacts of Realignment."
Comments are due by October 11.

The four "Environmental" provisions appear to be procedural, but perhaps
the significance of the rule is not in what it says, but in what it
doesn't say. It would not commit the Defense Department to conducting
cleanups to enable safe property reuse.

The proposed rule's provisions for property transfer to other federal
agencies are not in the "Environmental" section, but it appears that
they would create unacceptable environmental conditions. Other federal
agencies would have 60 days to respond to a notice of availability, and
it would have to agree at that time "to accept transfer of the property
in its existing condition, unless ..." the transferring military
Department waives the obligation. Under such a rule (and without a
waiver), NASA would have been be saddled with the expense of cleaning up
Moffett Field and the Interior Department would be responsible for
ordnance removal at the many former ranges it has taken over.

Perhaps someone knows more about the origin of the federal transfer
language, but it looks like a "poison pill" to me. I find it hard to
believe that other federal agencies agreed to this provision in internal
Executive Branch deliberations over the proposed rule.

Lenny
-- 


Lenny Siegel
Director, Center for Public Environmental Oversight
c/o PSC, 278-A Hope St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/961-8918
<lsiegel@cpeo.org>
http://www.cpeo.org

Attachment: 05-15698.pdf
Description: Unknown Document

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