ML19224D540
| ML19224D540 | |
| Person / Time | |
|---|---|
| Site: | New England Power |
| Issue date: | 06/20/1979 |
| From: | Goulding P GENERAL SERVICES ADMINISTRATION |
| To: | |
| Shared Package | |
| ML19224D539 | List: |
| References | |
| ZAR-790620, NUDOCS 7907120565 | |
| Download: ML19224D540 (26) | |
Text
{{#Wiki_filter:, - DECISICN PAPER DISPOSAL CF 'wE NAVAL ALNRY IldIDING FI_LD AT CFAPLES'I',CI, PSO2 ISIA'!D Paul E. Goulding Acting Administratcr of General Services June 20, 1979 7907126%S
I. 'IIE ISSUE
'Ihe decision before m is the detemination of the dispeciticn cf the llaval Auxiliary Rinding Field (IIALF) at Charlestown, Flode Island. A decisien amt be cnde which weig".s the socio-ecencmic and envircrr. ental benefits to be derived fecm any of the potential uses. 'Ihe Firal Envircrr. ental Impact Statement filed cn January 29, 1979 identifies 18 alternative use proposals fcr the subject property. Eleven discrete alternative use proposals w're derived fecm considerations of the general qualities cf the Charlestown site and the unique circumstances surrcunding the transfer of cwnership of Federal lands. Six cf these alterratives relate to issues which are subjects of concem in cur generaticn and will probably remain so for generations to ccee. At least three proposed uses mesh the site with systems ce networks of regional or rational significance. Six proposals reflect cencern ever the exigicus ecencmic conditions in the state cf Flode Island. Five proposals center en the preservation and maragement cf specific historical, archeological, cc ecological features of the site.
Ccebiration of cne or rcre of 10 of these use prepcsals and a required censideraticn cf a "take no actien" ccmprise the 18 alternative uses before m. These proposals are cutlined in detail in Chapter 3 of th6 Final EIS. they are as follows: 348 156
Discrete Alterrative Use Precosals No. 1 Enviremental Protection Acency (EPA) EPA is interested in to acres in cccer to study the effects cf pollutien upcn a salt water pord and marshland ecology system. No. 2 Fish and Wildlife Ser/ ice (?dS) F#3 is requesting tranarer of 367 acres to manage the land in a ratural state for benefit of migratory waterfowl as Inrt cf the Naticnal Wildlife Refuge System. No. 3 State of Ehede Island State requests entire site; 500-575 acres for possible constructica cf nuclear plant and 25-50 acres for the town of Charlestcwn municipal centet . No. 4 'Ihe Narm".sett Electric ana New Enzland ?cwer Cemeanies Requesting entire site for mixed use; 349 acres for nuclear pcwer plant; 200 acres conservaticn; and 55 acres for town of Charlestown. No. 5 Tcwn of charlestewn Mixed use or 55 acres for :ainicipal administration and sertices,182 acres for passive recreation, 367 acres for research/prescriation. No. 6 Narraransett Tribe 300 to 604 acres as a full-service health and education center, a :niseum, a historical village. No. 7 The Arr.old Family 160 acres (ronnerly cuned by the Arnold Family) for faming and large lot su::Iner residences. No. 8 D'CA cf Westerly - Pawaltuck DICA requests 100 acres rce use as a campground and recreaticn area. No. 9 Rhode Island Cemittee en Ene" 7 Desires the entire site for mixed use: 14 acres for Irdian reserve; 350 acres for preservaticn; 60 acres for research; 20 acres for 1cw cost residential development; 50 acres municipal use; 55 acres retail-cor.cercial; 55 acres for light industrial. 348 157
!!o. 10 Mixed Uce Develc rent A private . investor, batte:",; Associates, rTuesta entire site:
434 acres residential; 100 acren recreaticn; 20 acres for ccm.ercial developnent; and 50 acras for nunicipal admini-strative. Certination Use Preoccals flo . 1.'. Combinaticn of U.S. Envirc:: ental Protection Agency; U.S. Department of Interior, Fish and 'dildlife Service; Tcwn cf Charlestcwn; and RICE. No. 12 Cer31naticn cf U.S. Fnvirc= ental Protection Agency; U.S. Depart =ent of Interice, Fish and 'dildlife Ser/ ice; Narragansett Tribe cf Indians, Inc. No. 13 Ccc31natien of U.S. Envirc= ental Protecticn Agency; Narragansett Tribe of Indians, Inc.; and the Arnold Far.ily. No. 14 Ccetinatien of F.ixed Residential (Pattery Acsociates) ard the Arnold Family. flo. 15 Ccetinaticn of U.S. &wirc= ental Protecticn Agency and the New England Pcwer Cct pry' or State of Rhede Island. No. 16 Ccastal Rescurces M r r ec.ent Ccuncil - Recreaticn Entire site witn 277 acres accive recreaticn, 277 acres passive recreaticn, and tcwn cf Charlestown a6:.inistrative center 50 acres. No. 17 Ccatal Rescurces Manarer.ent Ccuncil - Industrial 20facres rce researen ana recreatica,154 acres for warehousing, 200 acres for light industrial, and 50 acres for town center. No. 18 I'O ACTICII. 3-348 158
es II. BACKGRCU'ID _ The history of the proposed disposal cf the Charlestown Naval Aux 1.11ary Landing Field (NALF) dates back to April 1973 when the Navy infomcd the House and Senate A=ed Services Cc:mittee that it planned a nnjor realisment of Navy bases in Phode Island and that it would no longer need sc:ne 2,595 acres then owned by the Navy in Rhode Island. Included in this 2,595 acres was the Charlestown NALF totalling 604 acres. Ee dispcsal action was to be subject to the preservation and recapture cf runways and adjoinirg parkirs areas in case cf a national cergency. In October 1973, the Navy publicly anncunced its reoug=ent decisica triggerirs the excess pecperty transfer / disposal process for Federal croperties as set forth in the Federal Property and Ad-1.dstrative Services Act of 1949 In November 1973, GSA used the basic infomation in this anncunc=ent, and the descripticn of the pecperty to screen the property against the needs of other Federal agencies. Federal agencies were notified ci the availability of the pecperty through a " Fourteen Eny Screening Letter." Eereafter, the Navy fon11y raported the property to GSA as being excess to Navy needs in February 1974. At that ti:ne, tra property was , described as being composed of three parcels: (1) the Naval Air Station at Quonset Point, (1,900 acres) (2) Ecpe Island, located just off Quenset Point, (90 acres), and (3) the landing field at Charlestown, located south of Quenset Point, (604 acres). On April 18, 1974, GSA accepted the excess pecperty for disposal and cn April 26, 1974 declared 348 159
it to be surplus. Cn Ihy 1, 1974, a notice cf availability was there-upcn circulated to ncn-federal public agencies as prescribed by the Federal Prcperty and Ad=histrative Services Act of 1949 and implementing regulations. In mspense to the notice, GSA received formal expressions cf interest to acquire the !IALF by the State cf Rhode Island, the Tcwn of Charlestown, Providence College, and the !!arragansett Tribe cf Indians. L1 addition, two Federal agencies, the Cepart: ant of Interior's Fish and "dildlie Service and the Environmental Protection Agency, expressed interest in the fiALF land in respcnse to such notice as did the liarragensett Electric Ccmpany. 'Ibe IIarragensett Electric Company request, dated :'ay 6,1974, stated the cegany's desire to nesctiate for the sale cf the landing field as a site for a nuclear-power electrical
, generating plant. 'Ihe request recited a Presidential =cmcrandum which directed that, to the extent practicable, Federal surplus real property was to be made available for energy producing facilities. GSA officials subsaquently met with the elevtric ccmpany to discuss the sale of the landing field.
On Lhy 23,1974, GSA received a request frra the Fish and Wildlife Scr';.ce of the Cepartment cf the Interice for 367 acres cf the landirs field which was dete rined to be of high value for migratory waterfewl and other wildlife. The mquest was submitted late because the Federal screening notice circulated in Ilovember 1973 had rot identified the landing field as being part of the property at Qucnset Point, as had the surplus notice cf availability circulated in Shy 1974 348 160
Another request for the property, dated June 17, 1974, as received recm the Department of Health, Educaticn, and Welfam en behalf cf the !!arragansett Indian Tribe which raquested the use of the land for health and educaticn purposes. The request noted that a plan fcr future use would not be ready for submission until July 31, 1974. This plan was never submitted, and the Department of 15 withdrew its request en February 27, 1975 During the su=er and early fall cf 1.974, GSA officials explored pcssible sale of the liAIF to the State cf Rhode Island, the Tcwn of Charlestown, and/or !!arr4".sett Electric for use as a nuclear power plant and other compatible uses. Agraement in principle was reached whereby the tcwn would ;nrchase approx 1.-:ately 50 acres of the 12.d for its use and the !!arragansett Electric Comrarg/ would purchase the remainder of the tract. On October 30, :arrapnsett Electric Cccr2ny submitted an offer to purchase the IIAIF at $6,C00 per acre. Pursuant to the tenna cf the contractual effer, !!arre.sett was obligated to obtain the varicus constructicn and envircnmental clearances. If unsuccessful in keeping a specific timetable established in the agreement, the pecperty was to revert autccaticwi'y to GSA and the agreement to terminate. The Goverr: ent Activities Subcccmittee of the House Cccmittee en Goverment Operations opposed the proposed sale and notified GSA cf its cpposition. Certain private citisens cojected to the proposed s. ale of the landing field for use as a nuclear power plant and filed suit in the 348 161
U.S. District Court for the District cf Ehode Island to enjoin the sale allegirs violations cf the Feder51 Property and Administrative Services Act of 1949 and the National Environmental Policy Act (IEPA). In July 1973, the court dismissed the suit insofar as it pertained to issues involvirs alleged violaticns cf me Federal Property and Administrative Services Act of 1949, but directed GSA to prepam an enviren= ental impact statement that wculd consider all reasonable alternative uses cf - the pecperty pursuant to Secticn 102(2)(C) of ! EPA. 'Ibe ccur; extended the restrainirs ceder barring GSA from takirs any further action to dispose of the NALF until the Final EIS could be filed. Follcwing the court's dec*sien GSA circulated a new dispcsal notice describirs the NALF pecperty and solicitirg expressiens cf interest. Responses were received recm 20 cesanizations and individuals. GSA repeated the notice process approxir:ntely cne year later to verify the centinued interest cf parties which had earlier expressed interest in the properties and to deternine whether there were any additional organizatiens cc individuals interested in acquirLag a portion or all cf the NALF property. Eleven organizations and individuals responded to this seccnd notice. 'Ihe list of the neganizations and individuals are contained in Volume II, Chapter III, cf the Final Environmental Impact . Statement filed by GSA. Based en the expressions of interest and potential use of the prcperty, GSA's EIS study team underteck an in-depth review of the proposals that had been received by GSA. 'Ihe ultimate result us the 348 162
production and consideration of the 18 alternative use propcsals. Public hearings wem held by OSA cn the propccals ard mterials ccntained in the Craft EIS. Public hearings were held June 7 and June 8,1978, in Provider.ce, Rhode Islard at the University of Rhode Island, Extensien School-Providence, and in Charlestown, & ode Island at the Charlestown Elementary School to solicit publje test!=cny relative to the 18 proposals and the m terial contained in the Envircreental Impact State:aint. Respcnses to the substantive coments raised ducirs the comr.entirs period and at tha public hearings were wr'iteen and includud in the text of the firal EIS which was published and issued January 29, 1979. III. CECISICN PECCF.2S In final preparation to develop this decisien, I have read the entire 3-volume Final Envircr= ental Impact Statement, reviewed all of the correspcndence which has been received since the printirs of the firal EIS, perscrally inspected the site, requested ard received answers to my questicns, both substantive and legal, frcm GSA staff, and censidered reccmendatcra and other backgrcund papers fran the Federal Property Resources Service. The doct:nents which comprice the full record are available for public scrutirif. In additien, I am a lifelcrg resident cf the state of Rhcde Island. I am familiar with the Charlestown area and am sensitive to the sentiments cf the citinera. 348 163
IV. CSCISICN I have excraned each of the' 18 alternatives in light of GSA's statutcry authority, the impacts cf each proposed altermtive, both adverte and beneficial, the umveidable adverse ir: pacts which cculd mault, and cuasures available to neutralice ce mitigate adverse impacts. I have attempted to assess accurately p1blic sentiment relative to the propcsed alternativss. 'Ihis has been done in a thorough examinaticn by myser and by staff review and recccrendaticns. All decisiens, cf ccurse, must be made against a backdecp of the naticnal policies influencirg gover=enml choice. The Feceral Property rnd Administrative Services Act cf 1949 charges the Administratcr of General Services with precotirs mximun utilization of excess pecperty by e'.:cutive agencies and disposi.g of property no lenger required to meet the program needs cf Federal agencies. Real property my be transferred frca cne agency to another when it is no lenger required by the holding agency. Under normal precedures, the General Services Ad :inistration (GSA) screens excess property against the progran needs cf other Federal agencies and, if the property is needed by an agency, transfers it to that agency. Property excess to the needs of all Federal agencies is censidered surplus. Surplus real property is effered to State and local gover=ents and to eligible ncnprofit organizations for a wide variety cf public purpcses including health, educaticn, park and mcreation, historic nenuments, airports and other uses at a public benefit discount allcwance. Surplus real proper y is also mde available to State end local gover :nents by ragctiated cale 348 164
based cn the fair mrket value. If none of there entities has a requirement for the pecperty, it is off- ed to the public thrcugh the sealed bid mthod cf sale. In any case, such ccapetiticn as is feasible is required by statute for the sule of surplus property. If, at any time before disposal, a Federal agency has a valid preg:1m requirement for all er part cf the prcperty, such pecperty can be removed ftm the surplus classification and transferred to that agency. The Federal Property and Ad .inistt tive Services Act cf 1949, which authorizes me to rake this decision, contains a preference for i.canoting the maximum utilizaticn cf Federal prcperty by executive agencies of the Federal gover=ent. While recer. icing that the Act gives me full authority to chocse any of the alternatives described in the FlS, as well as any others, I have not found evidence which convinces ce that any cf the non-Fedemi alternatives mnticned should overccme this - preference. Ac.ccedingly, I hve decided that the property should be utilized by the Fish and Wildlife Service (Alter .ative No. 2) and the Envircr;mntal Frctection Agency (Alternative No.1) It is my decisicn to transfer 307 acres requested by the Fich and Wildlife Service cf the Depart:.ent of Interice pursuant to the Fish and Wildlife Cccedinatien Act (16 U.S.C. 667b), for the tenefit of wildlife and waterfcwl to be managed in its natural state and to be administered as a portien of the Naricnal Wildiffe Refuge System. The Charlestown Naval Auxiliary IandL"g Field is situated in a unique ecological araa with a 1cng histcry of migratory waterfcwl use en the East Ccast flyway. 348 165
It is a resource with acepticnally high value for shellfisa and other wildlife. The southerly portien cf the property to be transferrel contains nearly 2 m.iles of shoreline cn Ninigret Pcnd, as well as wetlands along the shore. Included in the property am lands censidered as waterfewl nesting cover and buffer to protect the nesting. I believe this decision is conscnant with the basic provisions cf the Federal Frenerty and Administrative Services Act of 1949 in its preco-tien of the cnxiram utilication of excess property by executive agencies ani with the purposes cf the rational rlgratcry bird management pecgram. It protects and rnintains valuable and irreplaceable wetland ecological syste a in acccedance with the policies set forth in Executive Orders 11983 and 11990, which were part cf President Carter's Environmental message of I'ay 23, 1977, ard aids in the fulfill ent of United Sr.ates Treaty cbligations with Carada for tne protection and enhancement of migrator / waterfew1. The decisien will enhance the wildlife canagement network so important to present and future generations cf cur citizens. Within a five mile radius cf the NAIS cite are state ard privately cwned wildlife caragement areas which include the Indian Cedar Swamp Wildlife l'anagement Area, Burlingame State Park, Rhode Island Audubon Society's Kimball Wildlife Refuge, U.S. Fish I i Wildlife Service land around Trustom Fond, the Ninigret National Wildlife Refuge, the Ninigret Ccnservation Area, and the I?.censtone Waterfowl Refuge. Ccncurrently, I am approving the transfer cf the sixty acres cf property requested by the United States Enviren= ental 'rotecticn Agency 348 166
for its Envircnmental Research Laboratory located in Narragansett, Ehode Island (ERIAI) in interest of furthering research related to the waters of Foster Cove and the Ninigret Pend. My approval would ccncentrate the ERL-N's lard holdirs alecg the shorefecnt areas of Focter Cove ard the southwesterly corner of the site between Foster Cove and ocn Cove. This area, which is protected f"cra oceanic physical str=sses, will. reportedly per nit a rnre opportunity to carry cut research in a ecnfined area. The site has previcusly been utilized fer investigaticn and research by u-Aversities an;l private research groups. Th's investi-gation and research will dovetail with the proposed ESAT studies. Moreover, land ownership currounding the Nirdr~t Pcnd area is an additicral factcr in this prepcsal. Government control ove:' portions of the barrier teach between Minigret Pond and Block Is1rnd Scund and the Charlestcwn NALF will serve to limit interferences with the gathering of accurate baseline ecological data. EP141's use cf the site will not involve any const:ucticn cc modificaticn cf existing terrain, and therefore, will be entirely ccmpatible with the Fish and Wildlife Service use. PdS use and the EPA living laboratory use will te subject to their nutual convenience and agreement. Tnis decisien has been ene of the nest difficult I have ever had to make. 'Ihe sheer vclure cf documentation is sufficient to make the decisica difficult. The cceplexity of the environmental, econcaic, social and legal aspects involved in this decisicn is illustrated by the fact that the EIS censiders no less than 18 alternatives and analyzes each one of them. The decision involves a lengstanding, centroversial, 348 167
and emotionally intense situatien, the genesis of which predates the initial court hearirg in December 1974. I realize that the decisien cannot be cade withcut alienaths or disappointir6 cne er more interests. Sincere and interestcd private persons and Govertnent officials are in disagreement as to the best use of the pecperty. Perhaps the most gratifyirs aspect of the this pmcess is the knowledge that whichever cf the alternatives had been select ed, it would in scme way be construed as a positive er .ributicn to our society. After this use there remain 237 acres of the pecperty. t e dispcsal cf te ' remainder cf the pecperty must be ccncistent with r;y decision that the property be s ea as a wildlife preserve. I am, therefcre, directirs the Connissioner cf the Federal Property Resources Ser/ ice (FPES) to enter into discussions with ',ne town cf Charlestown for the purpose cf disposirg cf the re aining orcperty to the tcwn for use in accordance with its prvposal set forth y the FEIS as Alternative 5 There is little substantive differanca ce : ween the town's plan cf use for general cpen space p2rposes and this decisicn; the tcwn desires to hold approxhately the same 367 acres for wildlife presertaticn. The tcwn plan proposes 182 acres for recreation v/nich ';culd serie as a further buffer scne fer the wildlife preserie, since the tcwn's plan calls for passive fctra cf racreatien as well as active fer;c.s not requirirg extensive facilities in this acreage. 2e t.lans developed by the town have been subject to cMnge over the years. It is the plan set forth in the FEIS which I am choosing because of its compatibilit/ with the transfer cf the major portiens of 348 168
the acea to the PdS. By this decision, it is my intent to specifically precluding disposal cf this re.naining 237 acres for the construction of any large facility such as the proposed nuclear power plant. V. CC!ISIDERATIC!! CF O'UER ALTiRt!ATIVES
'Ihe Fedeml Property and Administmtive Services Act of 1949 requires that sales of surplus : cal property be made by publicly advertisirg for bids, except for specified exceptiens (40 U.S.C. 484(e)(3). 'Ihe specific excepticra which would petuit the Administrator to negotiate the disposal of real pecperty with private parties are: (1) the value of the preperty is ~: der $1,000; (2) bid prices, after advertising therefor, are not reascnable or have not been independently arrived at in cpen competiticn; or (3) the character or ccnditicn cf the property or unusual circu . stances r:nkes it irgmctical to advertise publicly for competitive bids and the fair market value cf the property and other satisfactory terms of disposal can be cbtained by negotiation, lione of these exceptiicns exists here. 'Ihe property is valued greater than $1,000; the property has not been publicly advertised fcr sale; and, neither the chamcter, nor the ccndition cf the property, er any unusual circumstances exist that wculd make it impractical to advertise .
publicly for bids. Ccnsequently, there is no anthority to permit a negotiated sale of the property to liarmgensett Electric Ccm.
'Ihe identical reascn would preclude mgotiaticn wir' ;ce VMCA, the Rhode Island Cc=lttee en Energy, BatterJ Asre 'e ;- the Arnold 348 169
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genemting facility which would require the acquisition cf all 604 acres. In reviewirs facters in the Narr36ansett Electric Ccepany proposal, in tents of the energy mquirements cf the State and the Southern New England region, it is a propccal which prcmotes the develop:ent of regicnal energy self-sufficiency. We are ccgnicant of the fact that today, approxi ately 90", of all electric power cencumed in Rhode Island is gene mted cutside the state. I do rot, however, see the rejecticn of this alternative as precluding alternative solutions to this problem. I am not naking a decision for cc against nuclear power but rather, rejecting the proposal as a use for this particular site which is rich in ratuml beauty and unique values as precious as energy. Secondly, I an aware of the referendum in which a nnjcrity of the local residents voted e. gainst the prcpened facility. Except in cases Of public health and raticnal defense, I would te most reluctant to 1."pese a project of this nng-J.tude en a cot:::nity against the wishes expressed by the electorate. The Final Envircnmental I.;act Statement notes the eften-stated uncertainties as to the future of nuclear power itself, the problems involved in dispcsal cf genemted radicactive waste, the adequacy cf erergency plans and the attendant problems of decom:iscicnirs the facility cnce the nor al plant cperaticn period has transpired. 'Ihe issues are serious enes which seek technolcgical and raticnal energy 348 171
policy solutiens, I would not presume to use this particular decisicn as a statement of confidence or showirs cf a lack of faith that solutions will not be available for any cc all of these problems which may or may not exist in the future. The Piral Envircnmental Impact Statement contains projections which demenstrate a negative effect en the envircreental values of this unique ecological resource which could perhaps not be sustained by this prcperty without permanent damage. Tne increase in total envircrrental burden during the constructicn and cperatien will not te positive. R1rther, a protracted ccnstructica pericd will have a negative effect en the town cf Charlestown which dces not have the municipal services to handle such an influx cf people and machines. It is incontrovertible that large scale construction of any plant will add population to the town which it is not cnly not equipped to P2ndle, but which will forever adversely change that quality cf life in this smil rural ecmmity. It would also adversely i=act a resource which is rapidly teccming very scarce, a refuge of ratural beauty, barreny and quiet. 'Ihe propcsal relatirs to the request cf the Narragansett Tribe of Indians would require a mini =m of 300 acres. After the conveyance of 367 acres to the Fish and Wildlife Service and the Envircnmental Protection Agency, there wculd appear to be insufficient land remaining to satisfy this t suest. 'Ihis mquest for transfer, wbale for a ncn-federal use, has the colce of Federal use. 'Ihe applicaticn for the property would have to be approved by the Department of Health, 348 172
Education and Welfare prior to its submissien to GSA. Moreover, the project would have to have actual and not prospective fundirs,.and, in tems of the requested parcels, the request wculd have to be revised downwarxi in tems cf the acreage requirements. Frankly, I doubt that the procedural hurdles, which might have been overccme in 1975, can be satisfied today. But, in the event they can, m am directing that this proposal is the cne to be considered in the event the town of Charlestcwn beccmes unable cc urzd1111r6 to take all cc a portice of the remaining 237 acres. No. 3 'Ibe state cf Rhode Island. 'Ihe State earlier expressed interest in acquiring the entire site using 500-575 acres to explore the feasibility of nuclear power plant constructica and 25-50 acres for the town cf Charlestcwn nunicipal center. Tne botten lire of this pecposal is that it is speculative. The state pmsently has no definitive plans for acquisiticn and development cf the pecperty. It might put a nuclear pcwer plant en the land in a couple of years; but if it should chocse not to do this, it aculd have free rein to utilize the pecperty in a manner which is unkncwn at this tLne. 'Ihere are other writorious croposals which are not speculative. To decide in favcr of this plan would in the particular circu . stances cf this case be abdicatirs the responsibilty placed in me by the Property Act to direct the disposition of this Federal property. 348 173
This proposal includes some 25-50 acres for the town of Charlestown, and rr;y decision provides for the potential disposal of at least that ancunt of land to the town. No. 7. Re Amold Family. The Amold Family is requesting 160 acres (formerly cwned by family) to be used for fannirs c.::d subsequent gradual subdivision and developcent into large-lot su=er residences. Since fomer owners are unable to receive a priority ce price preference, under existing law, in reacquiring former holdings, acquisition of the 160 acres cculd cnly be acccmplished by submitting the high bid at a public sale, an altemative that is far down the list of pricrities cf censideration expressed in the law, especially in view cf the other meriterious pecposals. As mnticned above, there is no authority under the circumstances to pemit a negotiated sale cf the property to a private party. No. 8. The You. Mens' Christian Asscciatien (DICA) of Westnely-Pawcatuck. The DICA wishes to acquire 100 acres for camping and recreaticn use. As with the Arnold Family proposal, the DICA could cnly acquire the desired property by cutmitting the high bid at a ccmpetitive public sale, since there is no authority under the circumstances to pemit a negotiated sale of t.be property to a private party. No. 9 R e Rhode Island Cemittee en Ene mi (?lCE). 'Ihe PICE which becugnt suit against the Government in December 1974 over the proposed sale of the pecperty, is a nonprofit p2blic interest group concemed with the development of altemative energy sources. PlCE has no 348 174
pricrity of consideration pursuant to cur Operating authority sic 11ar to that of Federal or local public bodies in acquiring surplus property. Its proposal contemplates rnaltiuse, including wildlife, education and research, industry, municipal, residential, comercial, and Native American preserte. 'Ihere is substantial local cppcsiticn to this proposal. It is not a viable alternative without appropriate Federal, State, and local sponsorship and support. Also, there is no authority under the circumstances to permit a negotiated sale of the property to a private party. No. 10. Mixed Use Develorrant. Mixed residential propccal is by Battery Associates a private land developcent grcup in Chevy Chc se, Mary. nd, and would only be viable in the event of a public sale. It does not conform with State and city development plans. There is much local cpposition. Also, there is no authcrity under the ciretre.inces to permit a negotiated sale of the preperty to a private party. No. 11. Cemb hat'.cn of Fnvircrr. ental Protecticn Acency (1), Fish, and W11dlife Sectice (2), town er Charlesecwn (5), and FlCE ( 9 ) . The proposed f.isposal of PlCE suffers frca the objections menticned in No. 9 above. Ccmbined usage, while feasible in a broad speculative
- mener, provides no clearly discera.able benefit frca an envircnmental or ecencmical standpoint. Additicrn11y, there are certain procedural steps which GSA must follcw in the disposal of real property that greatly reduce any possibility of ccmbined Federal, State, and private ccmbination.
348 175
No. 12. Cctbiration of EPA, Fish and 'dildlife, and Narrazanse_tji Tribe. Having chosan the EPA and ?d3 portions of this alternative for the reasons mentioned above, I believe that the proposal cf the tchn of Charlestown better coordinates with this choice then the proposal of the Narragansett Tribe. Ecwever, as I have menticned, should the tchn be urable or unwilling to take the remaining land and the tribe be able to overecce the hufdles in its path, consideraticn shall te given to the proposal of the tribe. No. 13. Cctbiratien of EPA, Nar-t ansett Tribe and the Arnold Fa-ily. As mentioned above, neget.iated sales under the circumstances to private parties is precluded. No. 14. Amold Fa-d.lv and Mixed Use Cevelctcent. Negotiated sales to private parties are precluded under the circumstances. No. 15. Cctbination of EPA and State of Rhode Island or Pcwer Ccccany. Having rejected alternatives 3 and 4 above, the decision includes the 60 acres fer EPA. No. 16. Coastal Rescurces 72rar_ement Ccuncil - Recreatien. 'Ihis is a generic prcposal with no specific organizaticn or individual sponsor. No. 17. Ccastal Resources Mana~e ent Council - Industrial. Sis is a generic prcpesal with no specific organizaticn or individual spenscr. 348 170
No. 18. NO ACTICN. I reject this alternative because no action can be mom damaging than a wrcng decicicn. 'Ib postpone this decisicn and let someone else ::nke it would be irresponsible en my part because cf my extensive knowledge'cf the area. The swond of IM:nocles has been held over the town cf Charlestown for a long time. It is time to r:nke a decisien. ACCCRDINGLY, after Eralyzing the record cr. this matter and pursuant to my authority under the circt= stances, for the reascns set forth in this decision doc =ent, I hereby approve the trans'f er of 307 acres to the Department of Interice for the benefit cf wildlife and waterfowl to be managed in its ratural state and to te administered as a portion cf the National Wildlie Refuge System; 60 acres tr the Environmental Pro'ac-tien Agency for its Envircnmental Research Laboratory in the interest cf
- furthering research related to the waters cf Fester Cove and Ninigret Pend, such use not be be inconsistent with the use cf the 307 acres by the Fish ard Wildlife Sectice; ard the remaining 237 acres to be disposed cf, if possible, to the town of Charlestown to be used substantially in accordance with its propcsal as set forth in the FEIS as Alternative $. Such use is not to be inconsistent with the use cf -
the other 367 acres transferred to the Cepartment of the Interier and the Envircnnental Protection Agency.
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, Paul E. Gouldi::g D1ted: June 20, 1979 348 177
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