Normalizing federal land transfers: A new tool for base reuse

This article continues a dialogue on early transfers of title under authority of Section 334 of the National Defense Authorization Act for Fiscal Year 1997, which was analyzed in the Spring 1997 issue of the Journal by Barry P. Steinberg and Jennifer L. Peper. Colonel Swenson represents the Redevelopment Agency (RDA) of Tooele City, Utah, which is currently negotiating an Economic Development Conveyance of 1700 acres from Tooele Army Depot, the first use of Section 334 in the United States. Section 334 amended Section 120 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S. Code §9620, which governs federal agency compliance with CERCLA and federal land transfers. The article places Section 334 in the context of Section 120 development, examines the benefits Section 334 is hoped to produce for the Tooele RDA, and responds to concerns that have been raised about the use of Section 334 by environmental regulatory agencies and the authors of the previous article.