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					      6948                        Federal Register / Vol. 69, No. 29 / Thursday, February 12, 2004 / Notices

        Dated: February 5, 2004.                              DEPARTMENT OF DEFENSE                                  Closure Office, ODUSD(I&E), (703) 614–
      L.M. Bynum,                                                                                                    5356.
      Alternate OSD Federal Register Liaison                  Office of the Secretary                                SUPPLEMENTARY INFORMATION:
      Officer, Department of Defense.
      [FR Doc. 04–3017 Filed 2–11–04; 8:45 am]                Notice of Meeting                                      A. Final Selection Criteria
      BILLING CODE 5001–06–M                                  AGENCY: DoD Medicare-Eligible Retiree                    The final criteria to be used by the
                                                              Health Care Board of Actuaries.                        Department of Defense to make
                                                              ACTION: Notice of meeting.
                                                                                                                     recommendations for the closure or
      DEPARTMENT OF DEFENSE                                                                                          realignment of military installations
                                                              SUMMARY: A meeting of the Board has                    inside the United States under the
      Office of the Secretary of Defense;                     been scheduled to execute the                          Defense Base Closure and Realignment
      Meeting of the DOD Advisory Group on                    provisions of Chapter 56, Title 10,                    Act of 1990, Public Law 101–510, as
      Electron Devices                                        United States Code (10 U.S.C. 1114).                   amended, 10 U.S.C. 2687 note, are as
      AGENCY: Department of Defense,                          The Board shall review DoD actuarial                   follows:
      Advisory Group on Electron Devices.                     methods and assumptions to be used in                    In selecting military installations for
                                                              the valuation of benefits under DoD                    closure or realignment, the Department
      ACTION: Notice.
                                                              retiree health care programs for                       of Defense, giving priority consideration
      SUMMARY: The DoD Advisory Group on                      Medicare-eligible beneficiaries. Persons               to military value (the first four criteria
      Electron Devices (AGED) announces a                     desiring to: (1) Attend the DoD                        below), will consider:
      closed session meeting.                                 Medicare-Eligible Retiree Health Care                  Military Value
      DATES: The meeting will be held at                      Board of Actuaries meeting, or (2) make
      1300, Thursday, February 26, 2004 and                   an oral presentation or submit a written                  1. The current and future mission
      0800 Friday February 27, 2004.                          statement for consideration at the                     capabilities and the impact on
                                                              meeting, must notify Bill Klunk at (703)               operational readiness of the Department
      ADDRESSES: The meeting will be held at
                                                              696–7404 by May 3, 2004.                               of Defense’s total force, including the
      Palisades Institute for Research
                                                                Notice of this meeting is required                   impact on joint warfighting, training,
      Services, 1745 Jefferson Davis Highway,
                                                              under the Federal Advisory Committee                   and readiness.
      Suite 500, Arlington, VA 22202.                                                                                   2. The availability and condition of
      FOR FURTHER INFORMATION CONTACT: Mr.
                                                              Act.
                                                              DATES: May 26, 2004, 1:30 p.m.–5 p.m.
                                                                                                                     land, facilities and associated airspace
      Eric Carr, AGED Secretariat, 1745                                                                              (including training areas suitable for
      Jefferson Davis Highway, Crystal Square                 ADDRESSES: 4040 N. Fairfax Drive, Suite
                                                                                                                     maneuver by ground, naval, or air forces
      Four, Suite 500, Arlington, Virginia                    270, Arlington, VA 22203.                              throughout a diversity of climate and
      22202.                                                  FOR FURTHER INFORMATION CONTACT: Bill                  terrain areas and staging areas for the
      SUPPLEMENTARY INFORMATION: The                          Klunk, DoD Office of the Actuary, 4040                 use of the Armed Forces in homeland
      mission of the Advisory Group is to                     N. Fairfax Drive, Suite 308, Arlington,                defense missions) at both existing and
      provide advice to the Under Secretary of                VA 22203, (703) 696–7404.                              potential receiving locations.
      Defense for Acquisition, Technology                       Dated: February 6, 2004.                                3. The ability to accommodate
      and Logistics to the Director of Defense                L.M. Bynum,                                            contingency, mobilization, and future
      Research and Engineering (DDR&E), and                   Alternate OSD Federal Register Liaison                 total force requirements at both existing
      through the DDR&E to the Director,                      Officer, Department of Defense.                        and potential receiving locations to
      Defense Advanced Research Projects                      [FR Doc. 04–3016 Filed 2–11–04; 8:45 am]               support operations and training.
      Agency and the Military Departments in                  BILLING CODE 5001–06–M
                                                                                                                        4. The cost of operations and the
      planning and managing an effective and                                                                         manpower implications.
      economical research and development                                                                            Other Considerations
      program in the area of electron devices.                DEPARTMENT OF DEFENSE
         The AGED meeting will be limited to                                                                           5. The extent and timing of potential
      review of research and development                      Office of the Secretary                                costs and savings, including the number
      programs which the Military                                                                                    of years, beginning with the date of
      Departments propose to initiate with                    Department of Defense Selection                        completion of the closure or
      industry, universities or in their                      Criteria for Closing and Realigning                    realignment, for the savings to exceed
      laboratories. The agenda for this                       Military Installations Inside the United               the costs.
      meeting will include programs on                        States                                                   6. The economic impact on existing
      microwave technology,                                                                                          communities in the vicinity of military
                                                              AGENCY:     Department of Defense (DoD).               installations.
      microelectronics, electro-optics, and
                                                              ACTION:    Final selection criteria.                     7. The ability of both the existing and
      electronics materials.
         In accordance with section 10(d) of                                                                         potential receiving communities’
                                                              SUMMARY: The Secretary of Defense, in
      Pub. L. 92–463, as amended, (5 U.S.C.                                                                          infrastructure to support forces,
                                                              accordance with section 2913(a) of the
      App. 10(d)), it has been determined that                                                                       missions, and personnel.
                                                              Defense Base Closure and Realignment
      this Advisory Group meeting concerns                                                                             8. The environmental impact,
                                                              Act of 1990, Public Law 101–510, as
      matters listed in 5 U.S.C. 552b(c)(1), and                                                                     including the impact of costs related to
                                                              amended, 10 U.S.C. 2687 note, is
      that accordingly, this meeting will be                                                                         potential environmental restoration,
                                                              required to publish the final selection
      closed to the public.                                                                                          waste management, and environmental
                                                              criteria to be used by the Department of
                                                                                                                     compliance activities.
        Dated: February 6, 2004.                              Defense in making recommendations for
      L.M. Bynum,                                             the closure or realignment of military                 B. Analysis of Public Comments
      Alternate, OSD Federal Register Liaison                 installations inside the United States.                  The Department of Defense (DoD)
      Officer, Department of Defense.                         EFFECTIVE DATE: February 12, 2004.                     received a variety of comments from the
      [FR Doc. 04–3037 Filed 2–11–04; 8:45 am]                FOR FURTHER INFORMATION CONTACT: Mr.                   public, members of Congress, and other
      BILLING CODE 5001–06–M                                  Mike McAndrew, Base Realignment and                    elected officials in response to the


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                                  Federal Register / Vol. 69, No. 29 / Thursday, February 12, 2004 / Notices                                            6949

      proposed DoD selection criteria for                        (d) The Department did not receive                  door’’ method of privatizing civilian
      closing and realigning military                         any requests from local governments                    positions. DoD’s civil service employees
      installations inside the United States.                 that a particular installation be closed or            are an integral part of successful
      The Department also received a number                   realigned pursuant to section 2914(b)(2)               accomplishment of defense missions.
      of letters from members of Congress                     of Public Law 101–510, which states                    Section 2904 specifically limits the
      regarding BRAC selection criteria before                that the Secretary shall consider any                  ability of the Secretary of Defense to
      publication of the draft criteria for                   notice received from a local government                carry out a privatization in place of a
      comment. The Department has treated                     in the vicinity of a military installation             military installation recommended for
      those letters as comments on the draft                  that the local government would                        closure or realignment to situations
      criteria and included the points raised                 approve of the closure or realignment of               where that option is specified in the
      therein in our assessment of public                     the installation. A few private citizens,              recommendations of the Commission
      comments. The comments can be                           however, asked that a particular                       and determined by the Commission to
      grouped into three categories: general,                 installation be closed or that operations              be the most cost-effective method of
      military value, and other considerations.               be restricted to limit noise or other                  implementation of the recommendation.
      The following is an analysis of these                   community impacts.                                     Therefore, if any closure or realignment
      comments.                                                  (e) A few commentors expressed                      recommendation includes privatization,
                                                              concern over the broad nature of the                   it will be clearly stated in the
      (1) General Comments                                    criteria and requested greater detail,                 recommendation.
         (a) Numerous commentors expressed                    including in some cases requests for                      (i) One commentor suggested that the
      support for the draft criteria without                  definitions, specificity regarding select              Department needed to conduct a
      suggesting changes and used the                         functions, and explanations of when a                  comprehensive study of U.S. military
      opportunity to provide information on                   closure as opposed to a realignment was                installations abroad and assess whether
      their particular installations. DoD                     appropriate. While the Department                      the existing U.S. base infrastructure
      understands and greatly appreciates the                 appreciates a desire for detail, the                   meets the needs of current and future
      high value that communities place on                    inherent mission diversity of the                      missions. The BRAC statute applies to
      the installations in their area and the                 Military Departments and Defense                       military installations inside the United
      relationships that have emerged                         Agencies makes it impossible for DoD to                States, the District of Columbia, the
      between the Department and local                        specify detailed criteria that could be                Commonwealth of Puerto Rico, Guam,
      communities. Both the BRAC legislation                  applied to all installations and functions             the Virgin Islands, American Samoa,
      and DoD’s implementation of it ensure                   within the Department. Broad criteria
                                                                                                                     and any other commonwealth, territory,
      that all installations will be treated                  allow flexibility of application across a
                                                                                                                     or possession of the United States. As a
      equally in the base realignment and                     wide range of functions within the
                                                                                                                     parallel action, the Secretary of Defense
      closure process.                                        Department.
                                                                 (f) A few commentors recommended                    has already undertaken a
         (b) Several commentors gave various                  assigning specific weights to individual               comprehensive study of global basing
      reasons why a particular installation,                  criteria and applying those criteria                   and presence—the Integrated Global
      type of installation, or installations                  uniformly across the Department. It                    Presence and Basing Strategy (IGPBS).
      designated by Congress as unique assets                 would be impossible for DoD to specify                 BRAC will accommodate any decisions
      or strategic ports, should be eliminated                weights for each criterion that could be               from that study that relocate forces to
      from any closure or realignment                         applied uniformly to all installations                 the U.S. DoD will incorporate our global
      evaluation. Public Law 101–510 directs                  and functions because of the inherent                  basing strategy into a comprehensive
      DoD to evaluate all installations equally.              mission diversity within the                           BRAC analysis, thereby ensuring that
      The Department has issued guidance to                   Department. Other than the requirement                 any overseas redeployment decisions
      all DoD Components instructing them to                  to give the military value criteria                    inform our recommendations to the
      treat all installations equally.                        priority consideration, the numbering                  BRAC Commission.
         (c) Some commentors indicated the                    reflected in the listing of the criteria are              (j) A few commentors cautioned the
      selection criteria should reflect the                   not intended to assign an order of                     Department against using the authority
      statutory requirement of section 2464 of                precedence to an individual criterion.                 provided by section 2914(c) to close and
      title 10, United States Code, to maintain                  (g) One commentor suggested that                    retain installations in inactive status
      a core logistics capability, and the                    section 2687 of title 10, United States                because of the negative effect such
      statutory limitation of Section 2466 that               Code, requires the Department to                       action might have on the relevant local
      the Department spend no more than                       exclude military installations with less               community. The Department recognizes
      50% of its depot-level maintenance and                  than 300 authorized civilian positions                 that job creation gained through the
      repair funds to contract for the                        from consideration for closure or                      economic reuse of facilities is critically
      performance of such workload.                           realignment under BRAC. While section                  important to mitigate the negative
      Consistent with the development and                     2687 allows the Department to close or                 impact of BRAC recommendations. As
      application of the criteria used in all                 realign such installations outside the                 such, the Department will exercise the
      previous rounds, it is inappropriate to                 BRAC process, it does not preclude their               utmost caution and consideration when
      include any statutory constraints in the                consideration within BRAC. In order for                exercising its authority to retain
      selection criteria because they are too                 the Department to reconfigure its                      installations in an inactive status. It
      varied and numerous and could                           current infrastructure into one in which               should be noted that the Department has
      preclude evaluation of all installations                operational capacity maximizes both                    always had this authority, even though
      equally. The absence of these                           warfighting capability and efficiency, it              its appearance in the authorizing
      requirements in the text of the criteria,               must undertake an analysis of the                      legislation for the 2005 round would
      however, should not be construed as an                  totality of its infrastructure, not just               indicate it is a new authority. As such,
      indication that the Department will                     those with 300 or more authorized                      the Department’s actions in the four
      ignore these or any other statutory                     civilian positions.                                    previous base closure rounds
      requirements or limitations in making                      (h) Some commentors were concerned                  demonstrate that it will be exercised
      its final recommendations.                              that BRAC would be used as a ‘‘back                    judiciously.


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      6950                        Federal Register / Vol. 69, No. 29 / Thursday, February 12, 2004 / Notices

        (k) A few commentors asked the                        how an installation ‘‘preserves’’                      ‘‘potential, prudent, surge requirements
      Department to give priority to relocating               something rather than whether an                       to meet those threats.’’
      activities within the same state or local               installation possesses the assets worthy                  (e) Numerous commentors stated that
      community. The Department recognizes                    of preservation, potentially undercutting              previous BRAC rounds failed to
      that the economic impact of BRAC                        the statutory factors rather than                      evaluate research, development, test and
      reductions can be lessened by moving                    furthering those factors. While the                    evaluation, engineering, procurement,
      functions to geographically proximate                   criteria proposed by the Secretary do                  and technical facilities accurately,
      locations. As specified in the BRAC                     not recite the statutory language                      because of the lack of effective criteria
      legislation, however, military value                    verbatim, they do fully reflect the nine               to consider the features essential to their
      must be the primary consideration when                  factors set out in the statute, and as such            performance. They noted that the
      making these decisions. Specifically,                   are legally sufficient. Additionally, the              criteria applied to such facilities in
      those factors that are set out in criteria              Department does not agree with the                     previous rounds were largely the same
      one through four are the most important                 assertion that the criteria must contain               criteria that were applied to operations,
      considerations when selecting receiving                 the word ‘‘preservation’’ in order to                  training and maintenance facilities
      locations.                                              comply with congressional intent. The                  serving very different functions. DoD
                                                              report of the Committee of Conference                  highly values its research, development,
      (2) Military Value Comments                                                                                    test and evaluation, engineering,
                                                              to accompany S. 1438, the National
         (a) A majority of comments received                  Defense Authorization Act for Fiscal                   procurement, and technical facilities.
      dealt with the military value criteria. In              Year 2002, refers to the preceding list of             Research, development, engineering,
      the aggregate, military value refers to the             requirements as ‘‘factors that must be                 procurement and other technical
      collection of attributes that determine                 evaluated and incorporated in the                      capabilities are elements of military
      how well an installation supports force                 Secretary’s final list of criteria.’’ The              value captured within criteria one
      structure, functions, and or missions.                  BRAC statute does not require, as a                    through four. The Department will
         (b) One commentor was concerned                                                                             consider military value in a way that
                                                              matter of law, a verbatim recitation of
      that the Department would lose sight of                                                                        incorporates these elements.
                                                              the factors set out in Section 2913. On
      the value of service-unique functions                                                                             (f) Several commentors also raised
                                                              the contrary, a requirement for a
      when applying criteria that include                                                                            concerns that the criteria did not take
                                                              verbatim recitation is inconsistent with
      reference to jointness. The Department                                                                         into account the availability of
                                                              the requirements for publication of draft
      recognizes the distinct military value                                                                         intellectual capital, critical trade skills,
                                                              criteria, an extensive public comment
      provided by both service-unique                                                                                a highly trained work force, allied
                                                              period, and finalization of criteria only
      functions and those functions that are                                                                         presence, and the synergy among nearby
                                                              after reviewing public comments. If the
      performed by more than one service.                                                                            installations and between DoD facilities
      Accordingly, the Secretary established a                Secretary were bound to adopt the
                                                                                                                     and nearby industrial clusters and
      process wherein the Military                            statutory language as his criteria, the
                                                                                                                     academic institutions. DoD appreciates
      Departments are responsible for                         detailed publication process required by
                                                                                                                     the importance of having an available
      analyzing their service-unique                          Congress would be meaningless.
                                                                                                                     pool of intellectual capital and critical
      functions, while Joint Cross-Service                       (d) A few commentors stressed the                   trade skills that make up, and allow us
      Groups, which include representatives                   importance of maintaining a surge                      to recruit and retain, a highly trained
      from each of the military services,                     capacity. Surge requirements can arise                 and experienced work force, as well as
      analyze the common business-oriented                    for any number of reasons, including                   the synergy provided by nearby
      support functions.                                      contingencies, mobilizations, or                       facilities. To the extent that the
         (c) A few commentors were concerned                  extended changes in force levels.                      availability of highly skilled civilian or
      that criterion two, which captures the                  Criteria one and three capture the                     contractor work forces and relationships
      legislative requirements set out in                     concept of surge capacity as they are                  with local institutions and other
      Section 2913(b)(1)–(3), did not recite                  currently drafted. As was the case with                installations influence our ability to
      verbatim the language in the BRAC                       the criteria used in the past three rounds             accomplish the mission, they are
      statute. They urged incorporation of                    of BRAC, criterion one requires the                    captured in criteria one, three and
      ‘‘Preservation of’’ into the final criteria             Department to consider ‘‘current and                   seven.
      to ensure that the 2005 BRAC round                      future’’ mission capabilities and                         (g) Some commentors urged DoD to
      preserve the infrastructure necessary to                criterion three assesses the ‘‘ability to              consider strategic location and
      support future military requirements.                   accommodate contingency, mobilization                  irreplaceable properties and facilities as
      Selection criteria must facilitate                      and future total force requirements’’. In              part of military value. The availability
      discriminating among various military                   1999, after three rounds of BRAC using                 and condition of land and facilities are
      installations, assessing the value of each              these criteria (and similar criteria used              an integral part of military value,
      and comparing them against each other                   in the first round of BRAC), the                       specifically covered under criterion two.
      to see which installations offer the                    Department looked closely at its ability               Furthermore, the strategic location of
      greatest value to the Department.                       to accommodate increased requirements                  DoD facilities informs criteria one and
      Criteria one through three compare the                  and found that even after four rounds of               three.
      respective assets of different military                 base realignments and closures it could                   (h) Some commentors said that an
      installations against each other, valuing               accommodate the reconstitution of 1987                 installation’s demonstrated ability to
      those with more of those assets more                    force structure—a significantly more                   transform, streamline business
      highly than those without those assets.                 robust force than exists today—which is                operations, and manage successful
      By valuing the installations with more                  a more demanding scenario than a short                 programs should be considered as part
      of these assets higher, the Department                  term mobilization. Further, as required                of military value. In some instances
      ‘‘preserves’’ these valuable assets set out             by Section 2822 of the National Defense                commentors praised the outstanding
      in the criteria. If the Department were to              Authorization Act for Fiscal Year 2004                 work of a particular installation or
      modify the criteria to include                          (Pub. L. 108–136), the Secretary, as part              group of installations. DoD recognizes
      ‘‘preservation,’’ as suggested in the                   of his assessment of probable threats to               and appreciates the outstanding work
      comment, we would be forced to assess                   national security, will determine the                  done by its installations. Criteria one


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                                  Federal Register / Vol. 69, No. 29 / Thursday, February 12, 2004 / Notices                                            6951

      and three capture both the ability to                      (l) A few commentors were concerned                 Federal Government and reflect both
      perform a mission and the quality of                    that the ‘‘cost of operations’’ language in            costs and savings. The Department
      that work—both of which, in turn,                       criterion four would not be a                          understands the decision making value
      capture the willingness to transform and                meaningful measure of military value                   of comprehensive consideration of
      streamline.                                             because it would appear to encourage                   costs. In accordance with Section
         (i) Some commentors recommended                      the closure or realignment of an                       2913(d), the Department’s application of
      that DoD consider an installation’s role                installation in a high cost of living area,            its cost and savings criterion will ‘‘take
      in homeland defense, security, domestic                 despite important strategic reasons for                into account the effect of the proposed
      preparedness, and the war on terrorism                  retaining that installation. Because DoD               closure or realignment on the costs of
      as a part of military value. Some                       operates in a resource constrained                     any other activity of the Department of
      suggested that an installation’s                        environment, all resources—land,                       Defense or any other Federal agency that
      proximity to and ability to protect vital               facilities, personnel, and financial—                  may be required to assume
      national assets, transportation facilities,             have value. Monetary resources are an                  responsibility for activities at the
      major urban centers and international                   inextricable component of military                     military installations.’’ The Department
      borders was a key consideration, while                  value because all equipment, services,                 will issue guidance to the Military
      others indicated that geographic                        and military salaries are dependent on                 Departments and the Joint Cross Service
      diversity or complete isolation should                  the availability of this resource.                     Groups that incorporates this
      be the real objective in order to enhance               Therefore, the extent to which one                     requirement in the application of
      security. The security of our nation,                   installation can be operated at less cost              criterion five.
      whether expressed as homeland                           than another is worthy of consideration,                  (e) Some commentors asked that DoD
      defense, domestic preparedness, or                      particularly for business operations,                  consider the impact of closing or
      fighting the war on terrorism, is an                    although the importance of this will                   realigning an installation on the local
      important DoD mission. Both the BRAC                    vary depending on the function                         community and on military retirees in
      legislation and DoD’s implementation of                 involved.                                              the area who rely on the installation’s
      it ensure that homeland defense and                                                                            medical facilities, commissary, and
      security are considered in the BRAC                     (3) Other Considerations
                                                                                                                     other activities. While military value
      process. Specifically, criterion two                      (a) Criteria five through eight deal
                                                                                                                     criteria must be the primary
      requires DoD Components to consider                     with other considerations, such as costs
                                                                                                                     consideration, the impact of a closure or
      ‘‘[t]he availability and condition of land,             and savings and economic, community,
                                                              and environmental impacts.                             realignment on the local community,
      facilities and associated airspace * * *
                                                                (b) Some commentors recommended a                    including military retirees residing
      as staging areas for the use of the Armed
                                                              standardized interpretation of the cost                therein, will be considered through
      Forces in homeland defense missions.’’
                                                              criteria. The Department agrees that                   criteria five, six, and seven. The DoD
      Additionally, as a mission of DoD, all of
                                                              costs and savings must be calculated                   Components will calculate economic
      these issues are captured by the
                                                              uniformly. To that end, we are                         impact on existing communities by
      requirements of criteria one and three.
         (j) Some commentors noted that, in                   improving the Cost of Base Realignment                 measuring the effects on direct and
      some areas of the country, expanding                    Actions (COBRA) model used                             indirect employment for each
      civilian use of adjacent lands is                       successfully in previous BRAC rounds                   recommended closure or realignment.
      encroaching upon military properties                    to address issues of uniformity and will               These effects will be determined by
      and has impacted critical training                      provide it to the Military Departments                 using statistical information obtained
      requirements and preparations for                       and the Joint Cross-Service Groups for                 from the Departments of Labor and
      deployments. Some said that                             calculation of costs, savings, and return              Commerce. This is consistent with the
      installations located in rural regions                  on investment in accordance with                       methodology used in prior BRAC
      with access to large areas of operational               criterion five.                                        rounds to measure economic impact.
      airspace over land and water as well as                   (c) Several commentors stated that                      (f) Some commentors asked that DoD
      direct ingress/egress routes from water                 total mission support costs associated                 recognize that their state, facility or
      to land will be key to future military                  with reestablishing or realigning a                    community was affected by closures and
      operational and training requirements.                  military activity should be considered,                realignments in prior BRAC rounds and
      The issue of encroachment is captured                   including such things as the costs of                  that it, therefore, be protected in this
      by criterion two which requires the                     reestablishing intellectual capital and                round. These and other commentors
      Department to consider the availability                 relationships with nearby businesses                   suggested that the Department view
      and condition of land, facilities and                   and academic institutions, the costs                   economic impact cumulatively or take
      associated airspace.                                    associated with mission disruption, the                into account the need of a community
         (k) Some commentors recommended                      costs of contractor relocations, and the               for an economic boost. Still others
      that DoD consider the difficulty of                     availability and reliability of raw                    suggested that the current BRAC round
      relocating missions and functions                       materials and supplies. DoD has                        respect decisions made in prior BRAC
      requiring federal nuclear licenses or                   improved the Cost of Base Realignment                  rounds—and not take any action
      environmental permits, as part of                       Actions (COBRA) model used in prior                    inconsistent with a prior
      military value. DoD recognizes the                      BRAC rounds to more accurately and                     recommendation. DoD recognizes the
      importance of federal licenses and                      appropriately reflect the variety of costs             impact that BRAC can have on local
      permits. The ability to accommodate                     of base realignment and closure actions.               communities, and makes every effort in
      current and future force requirements,                  DoD will provide it to the Military                    the implementation phase of BRAC to
      which includes Federal licensing and                    Departments and the Joint Cross-Service                soften the effect of closures and
      permitting requirements, is covered                     Groups for calculation of costs, savings,              realignments on local communities. The
      under criteria one, two and three.                      and return on investment in accordance                 BRAC statute, however, specifically
      Furthermore, the impact of                              with criterion five.                                   requires the Secretary to consider all
      environmental compliance activities                       (d) A few commentors stated DoD                      military installations in the United
      (i.e., permits and licenses) is also                    should consider the total resource                     States equally, without regard to
      specifically captured in criterion eight.               impact of a recommendation to the                      whether that installation has previously


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      6952                        Federal Register / Vol. 69, No. 29 / Thursday, February 12, 2004 / Notices

      been considered for closure or                          criteria if they directly relate to the                C. Previous Federal Register References
      realignment.                                            elements of criteria one through four.
        (g) The United States General                            (i) A few commentors asked the                        1. 55 FR 49678, November 30, 1990: Draft
      Accounting Office (GAO) stated that the                 Department to consider the social as                   selection criteria and request for comments.
                                                                                                                       2. 55 FR 53586, December 31, 1990: Extend
      draft criteria, if adopted, would add an                well as the economic impact on existing
                                                                                                                     comment period on draft selection criteria.
      element of consistency and continuity                   communities. The Department                              3. 56 FR 6374, February 15, 1991: Final
      in approach with those of the past three                recognizes that its installations can be               selection criteria and analysis of comments.
      BRAC rounds. It noted that its analysis                 key components of the social fabric of                   4. 57 FR 59334, December 15, 1992: Final
      of lessons learned from prior BRAC                      the communities in which they are                      selection criteria.
      rounds affirmed the soundness of these                  located, in both a positive or negative                  5. 59 FR 63769, December 9, 1994: Final
      basic criteria and generally endorsed                   sense. For instance, the BRAC statute                  selection criteria
      their retention for the future, while                   requires that the Department consider                    6. 68 FR 74221, December 23, 2003: Draft
      recognizing the potential for improving                 any notice received from a local                       selection criteria and request for comments.
                                                                                                                       7. 69 FR 3335, January 23, 2004: Extend
      the process by which the criteria are                   government in the vicinity of a military
                                                                                                                     comment period on draft selection criteria.
      used in decision-making. It suggested                   installation that it would approve of the
      that DoD clarify two issues: (1) The                    closure or realignment of the                            Dated: February 10, 2004.
      Department’s intention to consider                      installation. Additionally, because                    L.M. Bynum,
      potential costs to other DoD activities or              social impact is an intangible factor that             Alternate OSD Federal Register, Liaison
      federal agencies that may be affected by                would be difficult for the Department to               Officer, Department of Defense.
      a proposed closure or realignment                       quantify and measure fairly, issues of                 [FR Doc. 04–3247 Filed 2–10–04; 2:04 pm]
      recommendation under the criterion                      social impact are best addressed to the
                                                                                                                     BILLING CODE 5001–06–P
      related to cost and savings, and (2) the                BRAC Commission during its process of
      extent to which the impact of costs                     receiving public input.
      related to potential environmental                         (j) A few commentors wanted to
      restoration, waste management, and                      ensure that, as the Department considers               DEPARTMENT OF EDUCATION
      environmental compliance activities                     the ability of community infrastructure
      will be included in cost and savings                    to support the military, DoD view that                 Office of Elementary and Secondary
      analyses of individual BRAC                             ability as evolving, and consider the                  Education; Overview Information;
      recommendations.                                        willingness and capacity of the                        William F. Goodling Even Start Family
        As discussed above, DoD recognizes                    community to make additional                           Literacy Programs: Grants for Indian
      that the BRAC legislation required it to                investments. The infrastructure                        Tribes and Tribal Organizations; Notice
      consider cost impacts to other DoD                      provided by the communities                            Inviting Applications for New Awards
      entities and Federal agencies in its                    surrounding our installations is a key                 for Fiscal Years (FY) 2003 and 2004
      BRAC decision-making and will issue                     component in their efficient and
      implementing guidance to ensure that                    effective operation. As the BRAC                         Catalog of Federal Domestic Assistance
      such costs are considered under                         legislation has established a stringent                (CFDA) Number: 84.258.
      criterion five.                                         timetable for the Secretary to arrive at               DATES: Applications Available: February
        On the second point raised by GAO,                    recommendations, the Department must                   12, 2004.
      which was echoed by a few other                         focus on the existing, demonstrated                       Deadline for Transmittal of
      commentors, DoD policy guidance has                     ability of a community to support its                  Applications: April 2, 2004.
      historically stipulated that                            installation, especially as potential
                                                              investment actions may not translate                      Eligible Applicants: Federally
      environmental restoration costs were
                                                              into reality.                                          recognized Indian tribes and tribal
      not to be factored into analyses of costs
                                                                                                                     organizations. Applicable definitions of
      and savings when examining potential                       (k) One commentor requested
                                                                                                                     the terms ‘‘Indian tribe’’ and ‘‘tribal
      installations for realignment and                       clarification that criterion eight ‘‘
                                                                                                                     organization’’ are in section 4 of the
      closure, since DoD was obligated to                     environmental impact ‘‘includes
                                                                                                                     Indian Self-Determination and
      restore contaminated sites on military                  consideration of the impact of the
                                                                                                                     Education Assistance Act, 25 U.S.C.
      installations regardless of whether or                  closure or realignment on historic
                                                                                                                     450b.
      not they were closed. DoD concurs with                  properties. As has been the case in prior
      GAO that determining such costs could                   rounds of base closure, the Department                    Estimated Available Funds:
      be problematic in advance of a closure                  will consider historic properties as a                 $4,370,000. This is the combined
      decision, since reuse plans for BRAC                    part of criterion eight.                               estimate from both FY 2003 and FY
      properties would not yet be determined                     (l) Several commentors stated that the              2004 funds. We are inviting applications
      and studies to identify restoration                     criteria should consider the effect of                 at this time for new awards for both FY
      requirements would not yet be                           closures and realignments on the quality               2003 and for FY 2004 to make the most
      completed. As suggested, DoD will issue                 of life and morale of military personnel               efficient use of competition resources.
      guidance to clarify consideration of                    and their families. The Department                     The Department may use the funding
      environmental costs.                                    agrees that the quality of life provided               slate resulting from this competition as
        (h) A few commentors suggested that                   to its military personnel and their                    the basis for future years’ awards.
      criterion seven—the ability of both the                 families significantly contributes to the                 Estimated Range of Awards:
      existing and potential receiving                        Department’s ability to recruit and                    $150,000–$250,000 per year.
      communities’’ infrastructure to support                 retain quality personnel. Military                        Estimated Average Size of Awards:
      forces, missions, and personnel ‘‘be                    personnel are better able to perform                   $200,000 per year.
      included in military value and receive                  their missions when they feel                             Estimated Number of Awards: 17–29.
      priority consideration. DoD has                         comfortable that their needs and those                   Note: The Department is not bound by any
      demonstrated in previous BRAC rounds                    of their families are taken care of.                   estimates in this notice.
      that factors falling within this criterion              Quality of life is captured throughout
      can be applied within the military value                the criteria, particularly criterion seven.              Project Period: Up to 48 months.


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