Alternative Authorities for Compatibility and/or Resilience Recommendation Implementation
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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.