Alternative Authorities for Compatibility and/or Resilience Recommendation Implementation

Congress has authorized alternative acquisition authorities outside of Federal Acquisition Regulations. Over the last 20 years this has helped facilitate public-public and public-private partnering to the benefit of both military installations and surrounding communities. While compatibility and resilience aren't always the primary driver for using these tools, they have and continue to be used to help implement Compatible Use Study and/or Military Installation Resilience Review recommendations.

Alternative authority titles are listed below in addition to the United States Code reference, a short summary of the tool, and an example of how it could be used to support compatibility or resiliency. Use of these authorities, while provided to the federal government, can be initiated by local and state jurisdictions as part of the collaborative process of implementing compatibility solutions if the military installation and community agree to terms and conditions for their use. In addition to these authorities, refer to Military Installation Public-to-Public Relationships for additional details on partnerships.

  • Intergovernmental Support Agreements (IGSAs) (10 USC § 2679): IGSAs allow military installations to enter partnerships with state and local governments for providing, receiving, or sharing support services. From a compatibility standpoint, IGSAs that involve training opportunities, children and youth services, spousal employment, and other Morale, Welfare and Recreation (MWR) provide the greatest benefits to both military and community families. However, other services, such as base operations and management, utilities sharing, and infrastructure improvements, can address compatibility and resilience issues.
  • Enhanced Use Leases (EULs) (10 U.S.C. § 2667): This authority allows military installations to lease property it owns, so long as it is not needed for public use at the given time and is not considered excess. One example of how EULs can be used to address compatibility and/or resilience (or both) is constructing photovoltaic (solar) or renewable wind energy infrastructure and microgrids that supply the community and the installation with clean energy. Such facilities can also provide a backup source of power that improves the energy resilience and assurance should the main grid go down.
  • Real Estate Exchange (10 USC § 2869): This authority allows military installations to convey real property to state or local governments in exchange for other real property, installation support services (e.g., grounds maintenance, janitorial services, facilities operations & management services, etc.), a newly constructed facility, or improvements to an existing facility. The primary goal of real estate exchanges is to limit incompatible uses that may constrain military training, testing, and operations. However, several states have collaborated with military installations to provide community benefits as well. An example of how a real estate exchange could support compatible community development is the exchange of undeveloped real estate from the installation to a jurisdiction who could use the land for new housing. This in turn generates property taxes, a portion of which will be sent to the installation to fund facility improvements and morale, welfare, and recreation programs.
  • Facilities Lease-Purchase (10 USC § 2812): Lease-Purchase authority allows a military installation to have a private contractor construct various types of facilities on installation land and enter into an agreement to lease the facilities back to the installation for up to 32 years. At the end of the lease period, the facilities revert and become federal property. This type of agreement can provide compatibility or resilience solutions by shortening the time it takes to construct critically needed facilities that support the military mission, the community, or both. The military construction (Milcon) program can take 5-10 years before a project is approved. On the other hand, a private company, given the guaranteed funding stream from lease payments, can begin construction as soon as the agreement is in place and permits are secured. If there is a lack of medical services for active military, their families, and veterans in the community and the existing community hospitals do not have the capacity, a private contractor can construct a new hospital on the installation that provides a solution for both the community and the military/veterans.

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