Right-Sized Reuse - Use a Systematic Process, and Design for a Specialized, Yet Flexible Result - 13558
- Restoration Services, Inc. - RSI, Oak Ridge, Tennessee (United States)
- Pheasant Tail Consulting LLC, Boulder Colorado (United States)
The process of transferring real property from the U.S. Department of Energy (DOE) is always the same - except when it's not. The most frequently asked questions in the process are: how can this take so long and be so complex, and why is it different every time? The process of transferring real property from the Department of Energy is always the same - except when it's not. Repeat as needed. The authority for DOE to transfer property is found in the Atomic Energy Act of 1954 (AEA). Specifically, the transfer of real property for mission-related purposes is done pursuant to the AEA Section 161(g). Another rule that can provide certain unique benefits to the transferee is found in 10 Code of Federal Regulations (CFR) Part 770, Transfer of Real Property at Defense Nuclear Facilities for Economic Development; it can be followed for economic development purposes at defense nuclear facilities. All federal real property transfers include at minimum a National Environmental Policy Act (NEPA) review and a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) chap. 120(h) environmental due diligence evaluation. The end-point objective is to be able to demonstrate that a transfer is protective of human health and the environment - typically attained via a risk evaluation. That's it...mostly. None of these requirements are new; their processes are well-known. So, why is it different every time there is a transfer and what can be done to move things along? Time and the perception of open-ended schedules kill projects. Economic development projects that are proposed by Community Reuse Organizations (CROs) and others or by parties who need private capital are especially time-sensitive. It is not reasonable to expect business interests or investors to wait two years while the property transfer process is carried out. Lenders are also risk-sensitive and not solely business-risk sensitive. After all, these are federal properties where contamination is a factor. What are some of the things you can do to address those time and risk issues? Issues of time and complexity arise from several variables. Short-sighted vision and lack of project definition lead to wasted effort and lengthy delays. Some variability on the input side of the process can be controlled in a way that will save you time and actually work to your advantage. Steps can be taken to systematize the transfer process on the agency's part and on the requester/grantee's part. Having the right mix of dedicated people from the beginning, planning with flexibility, coordinating with the clean-up program at your site, knowing the interests and issues of your stakeholders, and working with the CRO/economic development authorities - all of these measures and others can and will help you. The key is not simply knowing the steps and making a punch-list, but understanding the steps and how to work with and use them. These concepts can be applied to create a vision of success for those engaged in real property transfer. (authors)
- Research Organization:
- WM Symposia, 1628 E. Southern Avenue, Suite 9-332, Tempe, AZ 85282 (United States)
- OSTI ID:
- 22225123
- Report Number(s):
- INIS-US-13-WM-13558; TRN: US14V0703046078
- Resource Relation:
- Conference: WM2013: Waste Management Conference: International collaboration and continuous improvement, Phoenix, AZ (United States), 24-28 Feb 2013; Other Information: Country of input: France; 15 refs.
- Country of Publication:
- United States
- Language:
- English
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