Local officials from communities near Department of Energy sites are calling on DOE to withdraw a recently released rule governing land transfers and allow for more public comment before any changes are made. At issue is a rule set to go into effect Dec. 13 that adds language to DOE’s land transfer regulations that local communities worry could narrow the applicability of the regulations to only “closed or downsizing” sites. “Despite community efforts to encourage DOE to facilitate land transfer, DOE announced significant changes to 10 CFR 770, which regulates the transfer of land for economic development. We believe this Final Rule, issued with no opportunity for public input, will make it more difficult for DOE to transfer property to communities,” Oak Ridge, Tenn., Mayor Tom Beehan, who also serves as Chair of the Energy Communities Alliance, wrote in a letter sent to Secretary of Energy Ernest Moniz yesterday.
According to Beehan’s letter, DOE officials have said they plan to “issue a letter that clarifies the definition of ‘closed and downsizing sites’ and identifies that the changes in the Final Rule will have no impact on how DOE applies the regulations and that ‘downsizing’ means the action of leasing or conveying property for economic development and does not mean a decrease in mission, funding, site employment, etc.” However, local officials still want to have a say before any final rule goes into effect. “There is no impact to DOE to delay the effective date of the regulation and seek public comment,” Beehan wrote.