Base Reuse and the Federal Property Disposal Process

In the event that the BRAC Commission accepts the DoD recommendation to close Onizuka, the Onizuka property may become available for reuse.  The first step in the property transfer process begins when the Air Force (owner of the Onizuka property) notifies other DoD branches that the property has become available.  If another branch of DoD determines that it requires the property, and if the Secretary of Defense concurs, interagency transfer may occur.  If no DoD branch requires the property, it is deemed “excess” and a notice of its availability is sent to all other federal agencies.  If no federal agency pursues acquisition of the property, the property is determined to be “surplus” and the disposal process begins. 

Once a property is deemed “surplus,” a Local Redevelopment Authority (LRA) is established by the local government and recognized by the Secretary of Defense.  The LRA serves as the primary community point of contact for all matters relating to the closure of the base.  LRAs are to conduct outreach efforts and design a comprehensive plan for reuse of the BRAC property, culminating in a redevelopment plan.  The decision of who participates on a Local Redevelopment Authority is made at the local level.  Since Sunnyvale is the jurisdiction that would have zoning authority over the Onizuka property, the LRA would be the City Council.  The official recognition of the LRA by the DoD would not take place until a final decision is made on whether to close Onizuka.  However, Council may decide to designate itself as the Local Redevelopment Authority at this point.

According to the Defense Base Closure and Realignment Act, all parties (including representatives of the homeless) who have an interest in the BRAC property are to submit to the LRA a notice of interest in the property.  The LRA then prepares a redevelopment plan which must be approved by the Department of Housing and Urban Development (HUD), and then submitted to the DoD. 

The redevelopment plan is not binding upon DoD which must examine all reasonable disposal alternatives, and make its own disposal decisions.  However, DoD is obligated to give the LRA’s redevelopment plan considerable weight in making its disposal decisions.  DoD has several options for transferring ownership of BRAC property to civilian use including:  homeless assistance conveyance, public benefit transfers, negotiated sale or public auction, or economic development conveyance. 

Planning grants may be available from the DoD’s Office of Economic Adjustment to plan for reuse of BRAC property, and staff is in the preliminary stages of exploring these grant opportunities.