Finding of Suitability to Transfer (FOST), Parcel 1A
Adak Naval Complex, Adak Island, Alaska - February 2002

INTRODUCTION AND PURPOSE

1.1 INTRODUCTION

The former Naval Air Facility Adak, Alaska (hereinafter called the Adak Naval Complex) operationally closed on March 31, 1997. The Adak Naval Complex comprises approximately 76,800 acres of the northern portion of Adak Island, and is used by the Navy for military purposes, as authorized by Public Land Offer (PLO) 1949. Now that its need for military use of the property has ended, the Navy plans to relinquish its public land withdrawal on Adak Island.

Adak Island was first identified as federal property in 1867 when the United States acquired Alaska from Russia. Since 1913, Adak Island has been a federal wildlife refuge. In 1980, Adak Island was designated as a part of the Alaska Maritime National Wildlife Refuge. The Adak Naval Complex still remains a part of the the wildlife refuge.

The United States, acting by and through the Department of the Interior (DOI) and the Department of the Navy, has entered into an land exchange agreement with The Aleut Corporation (TAC), a Native Regional Corporation and authorized pursuant to the Alaska Native Claims Settlement Act (ANCSA), that would result in conveyance of approximately 47,150 acres of the former Adak Naval Complex property to TAC. This Finding of Suitability (FOST) applies to Parcel 1A, comprising approximately 31,590 acres, which is a portion of the property to be conveyed to TAC under the agreement.

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) requires that each deed for property transferred by the United States include a covenant warranting that all remedial actions necessary to protect human health and the environment with respect to any hazardous substance remaining on the property were taken before the date of transfer and any additional remedial action found necessary after the date of such transfer (as a result of Department of Defense (DoD) activities) shall be conducted by the United States (CERCLA ¦ 120(h)(3)). The Community Environmental Response Facilitation Act (CERFA) was enacted in 1992 as Public Law (PL) 102-426. This statute amends ¦ 120 of CERCLA to direct federal agencies to evaluate all Base Realignment and Closure Act (BRAC) properties, identify uncontaminated buildings and properties, and facilitate the lease or transfer of remediated properties upon construction of the approved remedy and demonstration to U.S. Environmental Protection Agency (EPA) that the remedy is "operating properly and successfully" (OPS).

1.2 PURPOSE

DoD policy states that the Head of the DoD Component with accountability over the property, or his/her designated representative, shall assess, determine, and document when properties where release or disposal of hazardous substances or petroleum products has occurred are suitable for transfer by deed. This assessment and determination will be based on an Environmental Baseline Survey (EBS) and will be documented in a FOST. In accordance with DoD guidance pertaining to FOST documentation, this FOST also includes:

1. a declaration that the property is suitable for transfer (Section 9)
2. any restrictions on future use (Section 6)
3. results of the analysis of the intended future use (Section 5), and
4. a statement of the notice, covenant, and access clauses (Section 9 and Exhibit 1).

1.3 REFERENCES

This FOST incorporates (by reference) information contained in the documents described in Section 10, including DoD and EPA guidance specifically addressing transfer of BRAC property subject to CERCLA.

1.4 DOCUMENT OUTLINE

The FOST is organized in the following manner:

• Section 1, Introduction -- provides the background information related to the site, and defines the scope, purpose, and organization of the FOST.
• Section 2, Description of Parcel 1A -- identifies the||||and size of the real property being transferred.
• Section 3, Property Disposition -- describes the manner in which the real property will be conveyed and how provisions of the National Environmental Policy Act (NEPA) have been met.
• Section 4, Environmental Condition of the Property -- defines the environmental condition of the property (by reference) of each site encompassed by the property transfer.
• Section 5, Remediation of FOST Parcel -- addresses the nature and extent of contamination, analysis of intended future use, and presents a risk analysis for the property being transferred.
• Section 6, Use Restrictions and Notifications -- provides notifications required under CERCLA and Housing and Urban Development (HUD) Title X, as well as language suitable for incorporation in the deed conveyance documents regarding any land use restrictions and institutional controls.
• Section 7, Public Comment -- documents the date and venue of public notice of availability of the FOST and references comments and responses generated during the public comment period.
• Section 8, Coordination with Regulators -- documents notification of EPA Region 10 and Alaska Department of Environmental Conservation (ADEC) of the Intent to Transfer the Property and Issue the FOST.
• Section 9, Finding of Suitability to Transfer -- documents the basis for execution of the covenant under CERCLA 120 (h)(3)(A)(ii)(I).
• Section 10, References -- lists the CERCLA decision documents, BRAC technical support documents, and DoD and EPA guidance documents that provide the foundation for supporting the transfer of real property at the Adak Naval Complex.