Another frequently used authority, Section 2681 of Title 10, authorizes the  Secretary of Defense to enter into contracts with commercial entities that  desire to conduct commercial test and evaluation activities at a major  range and test facility installation. Many Land Use Planning Authorities Are Available, but Section 2667 and Section 2681 of Title 10 Are Predominantly Used

Although many land use planning authorities currently exist that permit  the Secretary of Defense, the secretaries of the military departments, or  both to help make more efficient use of real property under their  jurisdiction or control under various circumstances, our analysis of  service data showed that Section 2667 of Title 10 is most frequently used  for both traditional leases as well as longer-term, more financially complex  enhanced use leases. Our analysis indicates that there are more than 30 available authorities of  general and permanent applicability in the U.S. Code available to the  Secretary of Defense, the secretaries of the military departments, or both  pertaining to the utilization of existing real property controlled by DOD. Service officials indicated that while some  of these other authorities were utilized with regard to their respective real  property during fiscal years 2005 through 2007, they have been used much  less often than Section 2667 and Section 2681 of Title 10. The services reported that Section 2869 of Title 10 was used only two  times during fiscal years 2005 through 2007. Land, Buildings, and Facilities on DOD Installations May Appear Underutilized or Not Utilized for Several Reasons

Land, buildings, and facilities on DOD installations may appear  underutilized or not utilized but are nonetheless unavailable for other uses  for several reasons. Restrictions and constraints on DOD’s use of lands  under its control include setbacks for antiterrorism protection, mission  requirements, necessary safety zones, and environmental considerations. 3.) The Services Use Similar Policies and Procedures for Responding to Requests for Space at an Installation

The services use similar policies and procedures for responding to  requests for space on an installation by other federal agencies and by  organizations within DOD. In general, department officials told us that requests are received  at the installation level and must include information on the requester’s  facilities and land requirements, justification for selecting the proposed  installation, and a statement of environmental impact. After a request is  received, it is reviewed by the installation. The facilities directorate and  affected activities make a presentation to the base commander with their  recommendations on the request. We visited installations from each service and found that each installation  we visited had multiple DOD and non-DOD federal tenants. Specifically, in our count of the number of pieces of special  legislation pertaining to land use planning in the National Defense  Authorization Acts for Fiscal Years 2005, 2006 and 2007, we included both  new and modified authorities available to the Secretary of Defense or  secretaries of the military departments pertaining to the utilization of a  specific piece of real property, such as the authority to outlease, convey,  or transfer that property, as well as requirements that the applicable  secretary use a specific piece of real property in a particular manner. We interviewed service  officials to identify the available uses for land, buildings, and facilities that  may be underutilized or not utilized yet still be unavailable for  development or other use. To determine the policies and procedures used by the services to respond  to requests by other federal agencies for space at a DOD installation, we  reviewed relevant DOD and service guidance.
Why GAO Did This Study

The Department of Defense (DOD) is one of the largest landholding agencies in the federal government with more than 577,500 facilities at 5,300 sites on over 32 million acres. GAO has previously reported that the management of DOD-held real property is a high-risk area, in part because of deteriorating facilities and problems with excess and underutilized property. To address these problems, DOD has developed a multipart strategy involving base realignment and closure, housing privatization, and demolition of facilities that are no longer needed. DOD is also leasing out underutilized real property to gain resources to repair or construct facilities. The House Armed Services Committee Report on the National Defense Authorization Act for Fiscal Year 2008 directed the Comptroller General to provide an analysis of DOD's use of its land use planning authorities. Specifically, GAO examined (1) how DOD has used its authorities; (2) the reasons why land, buildings, and facilities on DOD installations may appear to be underutilized or not utilized; and (3) the policies and procedures used by the services to respond to requests by other federal agencies for space at a DOD installation. GAO reviewed pertinent legislation and DOD and service policies, interviewed officials from DOD and all four services, and visited 10 installations from all four services.

What GAO Found

Although many land use planning authorities currently exist that permit the Secretary of Defense, the secretaries of the military departments, or both to help make more efficient use of real property under their control, Section 2667 of Title 10, U.S. Code, leasing of nonexcess property of military departments, was used the most frequently--744 times from fiscal years 2005 through 2007. Under Section 2667 of Title 10, traditional short-term lease agreements are typically executed, but more financially complex, longer-term enhanced use leases are also executed. Section 2681 of Title 10, the authority to enter into contracts with commercial entities that desire to conduct commercial test and evaluation activities at a major range and test facility installation, was also used frequently, with 601 uses during fiscal years 2005 through 2007. GAO's analysis indicates that there are more than 30 authorities in the U.S. Code pertaining to DOD's utilization of real property. Service officials indicated that they have used these other authorities much less often and only for a limited number of leases or other transactions. Land, buildings, and facilities on DOD installations may appear to be underutilized or not utilized for several reasons. For example, land that appears empty or underutilized often has a variety of restrictions and constraints placed upon its use, including setbacks for antiterrorism protection, mission requirements, safety zones, and environmental concerns. The services identified several reasons why buildings and facilities might be classified as underutilized or not utilized but still remain unavailable for other uses, including historical considerations. Each of the military departments has similar policies and procedures in place for responding to requests for space on an installation from other federal agencies. Service officials told us that requests for space are submitted directly to the installation and should include information on facilities and land requirements, justification for selecting the proposed installation, and a statement of environmental impact. An official request for space is reviewed at the installation level, and the installation commander makes a recommendation to the approving official, although the approving official differs depending on the service and the nature of the request.