1、283 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD 586.5 PART 586REVITALIZING BASE CLOSURE COMMUNITIES AND COMMUNITY ASSISTANCE COMMUNITY REDEVELOPMENT AND HOMELESS ASSISTANCE Sec. 586.1 Purpose. 586.5 Definitions. 586.10 Applicability. 586.15 Waivers and extensions of deadlines. 586.20 Overview
2、 of the process. 586.25 HUDs negotiations and consultations with the LRA. 586.30 LRA application. 586.35 HUDs review of the application. 586.40 Adverse determinations. 586.45 Disposal of buildings and property. AUTHORITY: 10 U.S.C. 2687 note; 42 U.S.C. 3535(d). SOURCE: 62 FR 37479, July 11, 1997, un
3、less otherwise noted. 586.1 Purpose. This part implements the Base Clo-sure Community Redevelopment and Homeless Assistance Act, as amended (10 U.S.C. 2687 note), which instituted a new community-based process for ad-dressing the needs of the homeless at base closure and realignment sites. In this p
4、rocess, Local Redevelopment Au-thorities (LRAs) identify interest from homeless providers in installation property and develop a redevelopment plan for the installation that balances the economic redevelopment and other development needs of the communities in the vicinity of the installation with th
5、e needs of the homeless in those com-munities. The Department of Housing and Urban Development (HUD) reviews the LRAs plan to see that an appro-priate balance is achieved. This part also implements the process for identi-fying interest from State and local en-tities for property under a public ben-e
6、fit transfer. The LRA is responsible for concurrently identifying interest from homeless providers and State and local entities interested in property under a public benefit transfer. 586.5 Definitions. As used in this part: CERCLA. Comprehensive Environ-mental Response, Compensation, and Liability
7、Act (42 U.S.C. 9601 et seq.). Communities in the vicinity of the in-stallation. The communities that con-stitute the political jurisdictions (other than the State in which the in-stallation is located) that comprise the LRA for the installation. If no LRA is formed at the local level, and the State
8、is serving in that capacity, the commu-nities in the vicinity of the installation are deemed to be those political juris-diction(s) (other than the State) in which the installation is located. Consolidated Plan. The plan prepared in accordance with the requirements of 24 CFR part 91. Continuum of ca
9、re system. (1) A comprehensive homeless assist-ance system that includes: (i) A system of outreach and assess-ment for determining the needs and condition of an individual or family who is homeless, or whether assistance is necessary to prevent an individual or family from becoming homeless; (ii) Em
10、ergency shelters with appro-priate supportive services to help en-sure that homeless individuals and families receive adequate emergency shelter and referral to necessary serv-ice providers or housing finders; (iii) Transitional housing with appro-priate supportive services to help those homeless in
11、dividuals and families who are not prepared to make the transi-tion to independent living; (iv) Housing with or without sup-portive services that has no established limitation on the amount of time of residence to help meet long-term needs of homeless individuals and families; and (v) Any other acti
12、vity that clearly meets an identified need of the home-less and fills a gap in the continuum of care. (2) Supportive services are services that enable homeless persons and fami-lies to move through the continuum of care toward independent living. These services include, but are not limited to, case
13、management, housing counseling, job training and placement, primary health care, mental health services, substance abuse treatment, child care, transportation, emergency food and clothing, family violence services, edu-cation services, moving services, as-sistance in obtaining entitlements, and VerD
14、ate Nov2008 07:58 Apr 27, 2010 Jkt 220079 PO 00000 Frm 00293 Fmt 8010 Sfmt 8010 Y:SGML220079.XXX 220079WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for Resale-,-,-284 24 CFR Ch. V (4110 Edition) 586.5 referral to veterans services and legal services. Day. One calendar day including wee
15、kends and holidays. DoD. Department of Defense. HHS. Department of Health and Human Services. Homeless person. (1) An individual or family who lacks a fixed, regular, and adequate nighttime residence; and (2) An individual or family who has a primary nighttime residence that is: (i) A supervised pub
16、licly or privately operated shelter designed to provide temporary living accommodations (in-cluding welfare hotels, congregate shelters and transitional housing for the mentally ill); (ii) An institution that provides a temporary residence for individuals in-tended to be institutionalized; or (iii)
17、A public or private place not de-signed for, or ordinarily used as, a reg-ular sleeping accommodation for human beings. (3) This term does not include any in-dividual imprisoned or otherwise de-tained under an Act of the Congress or a State law. HUD. Department of Housing and Urban Development. Inst
18、allation. A base, camp, post, sta-tion, yard, center, homeport facility for any ship or other activity under the jurisdiction of DoD, including any leased facility, that is approved for clo-sure or realignment under the Base Closure and Realignment Act of 1988 (Pub. L. 100526), as amended, or the De
19、fense Base Closure and Realignment Act of 1990 (Pub. L. 101510), as amend-ed (both at 10 U.S.C. 2687, note). Local redevelopment authority (LRA). Any authority or instrumentality es-tablished by State or local government and recognized by the Secretary of De-fense, through the Office of Economic Adj
20、ustment, as the entity responsible for developing the redevelopment plan with respect to the installation or for directing implementation of the plan. NEPA. National Environmental Pol-icy Act of 1969 (42 U.S.C. 4320). OEA. Office of Economic Adjustment, Department of Defense. Private nonprofit organ
21、ization. An or-ganization, no part of the net earnings of which inures to the benefit of any member, founder, contributor, or indi-vidual; that has a voluntary board; that has an accounting system or has designated an entity that will main-tain a functioning accounting system for the organization in
22、 accordance with generally accepted accounting proce-dures; and that practices non-discrimination in the provision of as-sistance. Public benefit transfer. The transfer of surplus military property for a speci-fied public purpose at up to a 100 per-cent discount in accordance with 40 U.S.C. 471 et s
23、eq., or 49 U.S.C. 47151 47153. Redevelopment plan. A plan that is agreed to by the LRA with respect to the installation and provides for the reuse or redevelopment of the real property and personal property of the installation that is available for such reuse and redevelopment as a result of the clo
24、sure of the installation. Representative(s) of the homeless. A State or local government agency or private nonprofit organization, includ-ing a homeless assistance planning board, that provides or proposes to pro-vide services to the homeless. Substantially equivalent. Property that is functionally
25、suitable to sub-stitute for property referred to in an approved Title V application. For ex-ample, if the representative of the homeless had an approved Title V ap-plication for a building that would ac-commodate 100 homeless persons in an emergency shelter, the replacement fa-cility would also have
26、 to accommodate 100 at a comparable cost for renova-tion. Substantially equivalent funding. Suffi-cient funding to acquire a substan-tially equivalent facility. Surplus property. Any excess property not required for the needs and the dis-charge of the responsibilities of all Federal Agencies. Author
27、ity to make this determination, after screening with all Federal Agencies, rests with the Military Departments. Title V. Title V of the Stewart B. McKinney Homeless Assistance Act of 1987 (42 U.S.C 11411) as amended by the National Defense Authorization Act for Fiscal Year 1994 (Pub. L. 103160). Urb
28、an county. A county within a met-ropolitan area as defined at 24 CFR 570.3. VerDate Nov2008 07:58 Apr 27, 2010 Jkt 220079 PO 00000 Frm 00294 Fmt 8010 Sfmt 8010 Y:SGML220079.XXX 220079WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without
29、license from IHS285 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD 586.20 586.10 Applicability. (a) General. This part applies to all installations that are approved for clo-sure/realignment by the President and Congress under Pub. L. 101510 after Oc-tober 25, 1994. (b) Request for inclusion und
30、er this process. This part also applies to instal-lations that were approved for closure/ realignment under either Public Law 100526 or Public Law 101510 prior to October 25, 1994 and for which an LRA submitted a request for inclusion under this part to DoD by December 24, 1994. A list of such reque
31、sts was published in the FEDERAL REGISTER on May 30, 1995 (60 FR 28089). (1) For installations with Title V ap-plications pending but not approved be-fore October 25, 1994, the LRA shall consider and specifically address any application for use of buildings and property to assist the homeless that w
32、ere received by HHS prior to October 25, 1994, and were pending with the Sec-retary of HHS on that date. These pending requests shall be addressed in the LRAs homeless assistance submis-sion. (2) For installations with Title V ap-plications approved before October 25, 1994 where there is an approved
33、 Title V application, but property has not been assigned or otherwise disposed of by the Military Department, the LRA must ensure that its homeless assist-ance submission provides the Title V applicant with: (i) The property requested; (ii) Properties, on or off the installa-tion, that are substanti
34、ally equivalent to those requested; (iii) Sufficient funding to acquire such substantially equivalent prop-erties; (iv) Services and activities that meet the needs identified in the application; or (v) A combination of the properties, funding, and services and activities de-scribed in 586.10(b)(2)(i
35、) through (iv). (c) Revised Title V process. All other installations approved for closure or realignment under either Public Law 100526 or Public Law 101510 prior to October 25, 1994, for which there was no request for consideration under this part, are covered by the process stipu-lated under Title
36、 V. Buildings or prop-erty that were transferred or leased for homeless use under Title V prior to Oc-tober 25, 1994, may not be reconsidered under this part. 586.15 Waivers and extensions of deadlines. (a) After consultation with the LRA and HUD, and upon a finding that it is in the interest of the
37、 communities af-fected by the closure/realignment of the installation, DoD, through the Di-rector of the Office of Economic Ad-justment, may extend or postpone any deadline contained in this part. (b) Upon completion of a determina-tion and finding of good cause, and ex-cept for deadlines and action
38、s required on the part of DoD, HUD may waive any provision of 586.20 through 586.45 in any particular case, subject only to statutory limitations. 586.20 Overview of the process. (a) Recognition of the LRA. As soon as practicable after the list of installa-tions recommended for closure or re-alignme
39、nt is approved, DoD, through OEA, will recognize an LRA for the in-stallation. Upon recognition, OEA shall publish the name, address, and point of contact for the LRA in the FEDERAL REGISTER and in a newspaper of general circulation in the communities in the vicinity of the installation. (b) Respons
40、ibilities of the Military De-partment. The Military Department shall make installation properties available to other DoD components and Federal agencies in accordance with the procedures set out at 32 CFR part 175. The Military Department will keep the LRA informed of other Federal in-terest in the
41、property during this proc-ess. Upon completion of this process the Military Department will notify HUD and either the LRA, or the Chief Executive Officer of the State, as ap-propriate, and publish a list of surplus property on the installation that will be available for reuse in the FEDERAL REGISTER
42、 and a newspaper of general circulation in the communities in the vicinity of the installation. (c) Responsibilities of the LRA. The LRA should begin to conduct outreach efforts with respect to the installation as soon as is practicable after the date of approval of closure/realignment of VerDate No
43、v2008 07:58 Apr 27, 2010 Jkt 220079 PO 00000 Frm 00295 Fmt 8010 Sfmt 8010 Y:SGML220079.XXX 220079WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for Resale-,-,-286 24 CFR Ch. V (4110 Edition) 586.20 the installation. The local reuse plan-ning process must begin no later than the date of t
44、he Military Departments FEDERAL REGISTER publication of available property described at 586.20(b). For those installations that began the process described in this part prior to August 17, 1995, HUD will, on a case by case basis, determine whether the statutory requirements have been fulfilled and w
45、hether any additional re-quirements listed in this part should be required. Upon the FEDERAL REGISTER publication described in 586.20(b), the LRA shall: (1) Publish, within 30 days, in a news-paper of general circulation in the communities in the vicinity of the in-stallation, the time period during
46、 which the LRA will receive notices of interest from State and local govern-ments, representatives of the homeless, and other interested parties. This pub-lication shall include the name, ad-dress, telephone number and the point of contact for the LRA who can provide information on the prescribed fo
47、rm and contents of the notices of interest. The LRA shall notify DoD of the deadline specified for receipt of notices of inter-est. LRAs are strongly encouraged to make this publication as soon as pos-sible within the permissible 30 day pe-riod in order to expedite the closure process. (i) In additi
48、on, the LRA has the op-tion to conduct an informal solicita-tion of notices of interest from public and non-profit entities interested in obtaining property via a public benefit transfer other than a homeless assist-ance conveyance under either 40 U.S.C. 471 et seq., or 49 U.S.C. 4715147153. As part
49、 of such a solicitation, the LRA may wish to request that interested en-tities submit a description of the pro-posed use to the LRA and the spon-soring Federal agency. (ii) For all installations selected for closure or realignment prior to 1995 that elected to proceed under Public Law 103421, the LRA shall accept no-tices of interest for not less than 30 days. (iii) For installations selected for closure or realignment in 1995 or there-after, notices of interest shall be ac-cepted for a
