Re: Re: re: BASE CLOSURE Pease Ruling

[Lenny Siegel <lsiegel@igc.org>]

The Presidio case is not unique. Moffett, for example, is a fed-to-fed
transfer. It's up the receiving agency (the Park Service or NASA) to
negotiate a Memorandum of Agreement that clearly defines the military's
liability, responsibility, and knowledge prior to the transfer.

The Pease decision applies when the Park Service wants to lease portions of
the property. It won't be able to enter into any long-term agreements until
the parcel in question passes muster under CERFA: the Finding of Suitability to
Lease.

There is a Federal Task Force that looks closely at these issues. (It met
in SF in January.) And The California Base Closure Environmental Advisory
Committee looks at these issues, in less detail, as well. Once the lawyers
get involved, it gets very complicated.

Lenny Siegel