10 U.S.C. § 2391 : US Code - Section 2391: Military base reuse studies and community planning assistance

Search 10 U.S.C. § 2391 : US Code - Section 2391: Military base reuse studies and community planning assistance

(a) Reuse Studies. - Whenever the Secretary of Defense or the
Secretary of the military department concerned publicly announces
that a military installation is a candidate for closure or that a
final decision has been made to close a military installation and
the Secretary of Defense determines, because of the location,
facilities, or other particular characteristics of the
installation, that the installation may be suitable for some
specific Federal, State, or local use potentially beneficial to the
Nation, the Secretary of Defense may conduct such studies,
including the preparation of an environmental impact statement in
accordance with the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), in connection with such installation and such
potential use as may be necessary to provide information sufficient
to make sound conclusions and recommendations regarding the
possible use of the installation.
(b) Adjustment and Diversification Assistance. - (1) The
Secretary of Defense may make grants, conclude cooperative
agreements, and supplement funds available under Federal programs
administered by agencies other than the Department of Defense in
order to assist State and local governments in planning community
adjustments and economic diversification required (A) by the
proposed or actual establishment, realignment, or closure of a
military installation, (B) by the cancellation or termination of a
Department of Defense contract or the failure to proceed with an
approved major weapon system program, (C) by a publicly announced
planned major reduction in Department of Defense spending that
would directly and adversely affect a community, (D) by the
encroachment of a civilian community on a military installation, or
(E) by the closure or the significantly reduced operations of a
defense facility as the result of the merger, acquisition, or
consolidation of the defense contractor operating the defense
facility, if the Secretary determines that an action described in
clause (A), (B), (C), or (E) is likely to have a direct and
significantly adverse consequence on the affected community or, in
the case of an action described in clause (D), if the Secretary
determines that the encroachment of the civilian community is
likely to impair the continued operational utility of the military
installation.
(2) In the case of the establishment or expansion of a military
installation, assistance may be made under paragraph (1) only if
(A) community impact assistance or special impact assistance is not
otherwise available, and (B) the establishment or expansion
involves the assignment to the installation of (i) more than 2,000
military, civilian, and contractor Department of Defense personnel,
or (ii) more military, civilian, and contractor Department of
Defense personnel than the number equal to 10 percent of the number
of persons employed in counties or independent municipalities
within fifteen miles of the installation, whichever is lesser.
(3) In the case of a publicly announced planned reduction in
Department of Defense spending, the closure or realignment of a
military installation, the cancellation or termination of a
Department of Defense contract, or the failure to proceed with a
previously approved major defense acquisition program, assistance
may be made under paragraph (1) only if the reduction, closure or
realignment, cancellation or termination, or failure will have a
direct and significant adverse impact on a community or its
residents.
(4)(A) In the case of a State or local government eligible for
assistance under paragraph (1), the Secretary of Defense may also
make grants, conclude cooperative agreements, and supplement other
Federal funds in order to assist the State or local government to
carry out a community adjustment and economic diversification
program (including State industrial extension or modernization
efforts to facilitate the economic diversification of defense
contractors and subcontractors) in addition to planning such a
program.
(B) The Secretary shall establish criteria for the selection of
community adjustment and economic diversification programs to
receive assistance under subparagraph (A). Such criteria shall
include a requirement that the State or local government agree -
(i) to provide not less than 10 percent of the funding for the
program from non-Federal sources;
(ii) to provide business planning and market exploration
services under the program to defense contractors and
subcontractors that seek modernization or diversification
assistance; and
(iii) to provide training, counseling, and placement services
for members of the armed forces and dislocated defense workers.
(C) The Secretary shall carry out this paragraph in coordination
with the Secretary of Commerce.
(5)(A) The Secretary of Defense may also make grants, conclude
cooperative agreements, and supplement other Federal funds in order
to assist a State or local government in planning community
adjustments and economic diversification even though the State or
local government is not currently eligible for assistance under
paragraph (1) if the Secretary determines that a substantial
portion of the economic activity or population of the geographic
area to be subject to the advance planning is dependent on defense
expenditures.
(B) The Secretary of Defense may also make grants, conclude
cooperative agreements, and supplement other Federal funds in order
to assist a State in enhancing its capacities -
(i) to assist communities, businesses, and workers adversely
affected by an action described in paragraph (1);
(ii) to support local adjustment and diversification
initiatives; and
(iii) to stimulate cooperation between statewide and local
adjustment and diversification efforts.
(C) The Secretary of Defense may also make grants, conclude
cooperative agreements, and supplement other Federal funds in order
to assist a State or local government in enhancing the capabilities
of the government to support efforts of the Department of Defense
to privatize, contract for, or diversify the performance of
military family support services in cases in which the capability
of the Department to provide such services is adversely affected by
an action described in paragraph (1).
(6) Funds provided to State and local governments and regional
organizations under this section may be used as part or all of any
required non-Federal contribution to a Federal grant-in-aid program
for the purposes stated in paragraph (1).
(7) To the extent practicable, the Secretary of Defense shall
inform a State or local government applying for assistance under
this subsection of the approval or rejection by the Secretary of
the application for such assistance as follows:
(A) Before the end of the 7-day period beginning on the date on
which the Secretary receives the application, in the case of an
application for a planning grant.
(B) Before the end of the 30-day period beginning on such date,
in the case of an application for assistance to carry out a
community adjustments and economic diversifications program.
(8)(A) In attempting to complete consideration of applications
within the time period specified in paragraph (7), the Secretary of
Defense shall give priority to those applications requesting
assistance for a community described in subsection (f)(1).
(B) If an application under paragraph (7) is rejected by the
Secretary, the Secretary shall promptly inform the State or local
government of the reasons for the rejection of the application.
(c) Research and Technical Assistance. - The Secretary of Defense
may make grants to, or conclude cooperative agreements or enter
into contracts with, another Federal agency, a State or local
government, or any private entity to conduct research and provide
technical assistance in support of activities under this section or
Executive Order 12788 (57 Fed. Reg. 2213), as amended by section 33
of Executive Order 13286 (68 Fed. Reg. 10625) and Executive Order
13378 (70 Fed. Reg. 28413).
(d) Definitions. - In this section:
(1) The terms "military installation" and "realignment" have
the meanings given those terms in section 2687(e) of this title.
For purposes of subsection (b)(1)(D), the term "military
installation" includes a military facility owned and operated by
any of the several States, the District of Columbia, the
Commonwealth of Puerto Rico, American Samoa, Guam, or the Virgin
Islands, even though the facility is not under the jurisdiction
of the Department of Defense, if the Secretary of Defense
determines that the military facility is subject to significant
use for training by the armed forces.
(2) The term "defense facility" means any private facility
producing goods or services pursuant to a defense contract.
(3) The terms "community adjustment" and "economic
diversification" include the development of feasibility studies
and business plans for market diversification within a community
adversely affected by an action described in clause (A), (B),
(C), or (E) of subsection (b)(1) by adversely affected businesses
and labor organizations located in the community.
(e) Assistance Subject to Appropriations. - The authority of the
Secretary of Defense to make grants under this section in any
fiscal year is subject to the availability of appropriations for
that purpose.