Anticipating Change - A Means to Save Time and Rethink the Implementation of the 10 Code of Federal Regulations 770 Real Property Transfer Process - 15662
The Department of Energy (DOE) issued 10 Code of Federal Regulations (CFR) 770 in 2000 for the 'Transfer of Real Property at Defense Nuclear Facilities for Economic Development'. The rule was issued in order to 'offset negative impacts on communities caused by unemployment from related DOE down-sizing, facility close-outs and workforce restructuring'. There is a sense of urgency implied in efforts designed to address economic conditions, especially in communities that have hosted DOE facilities and are experiencing negative impacts of mission changes. Despite the urgency, the transfer of real property from DOE or any federal agency is a lengthy, complex, iterative, but necessarily diligent effort. After all, the aim of the process is to be able to demonstrate that the property proposed for transfer is protective of human health and the environment for the intended use. Notwithstanding the efforts of the economic development organization to market, recruit, and prepare a robust proposal to request property, and the efforts of DOE to perform the many due diligence activities in response to that request, the actual results of the evaluations are an unknown until a major portion of the process is completed. Will the property be determined to be suitable for transfer? Will there be deed restrictions? Is indemnification available? Has a mission need for the property arisen while working through the reviews? There are many points along the way that can sidetrack or delay progress and, in the interim, the economic viability of the proposal can collapse. Even without the unforeseen events, the process in and of itself is lengthy. It is often heard (loudly) that it takes far too long to obtain a piece of property once a request is made; that observation/criticism is worthy of serious attention. Rather than revisit old debates, why not learn from them? Why not look at the transfer process from a different point of view and ameliorate it so it can be more responsive to community needs? Why not anticipate change, anticipate requests, and make property available before a request as well as responding to requests to make property available? There are several ways to rethink and modify the way the transfer process is implemented to reduce the time following a request. The modifications would arise from both internal information sharing, integrated and timely up-front planning and, in particular, by varying how and when certain elements of the process to enable transfer are performed. This paper will address: 1. How a unified overall vision can be created from the cleanup input of Site-Specific Advisory Boards with the Community Reuse Organizations' planning for economic development and can help inform site cleanup to end state to future use; 2. Why DOE is in the best position to know its site conditions and could determine ahead of a transfer request what property is indeed available and notify of that determination; 3. How a range of disposition paths for real property are available to DOE; and 4. Why broadening the understanding of 'best interest of the government' to one that is clearly able to recognize non-monetary benefits is in the best interest of the government. Anticipating change helps prepare DOE and their host communities for the future. It creates opportunities for flexibility and time savings. The sooner DOE's unneeded and under-utilized real property can be made available to the communities that need it most, the sooner those communities can work to moderate the adverse effects of DOE mission changes. (author)