Attachment F Bliss.pdf

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Enhanced use lease for commercial data centers
Solicitation number
W912-QR-DACA27-1-26-102
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About this file

This document is an Attachment F for a Request for Proposals (RFP) No. DACA27-1-26-102 for a property located at Fort Bliss in El Paso County, Texas. The property consists of 1,384 acres of undeveloped land, previously potentially used for weapons firing before the 1970s. The property has multiple utility encumbrances from entities like El Paso Electric, El Paso Natural Gas, Magellan Pipeline, and others. Environmental considerations include wind-driven sand dunes, absence of wetlands, potential for sporadic hazardous materials, and the presence of sensitive species like the Burrowing Owl and Texas horned lizard.

The document details Fort Bliss's utilities, including 115kV electricity transmission from El Paso Electric, natural gas pipelines from El Paso Natural Gas and ONEOK, and water services from El Paso Water with an "Extremely High" water risk rating. The property's legislative jurisdiction is a combination of proprietorial, concurrent, and exclusive, with complex implications for state and federal law enforcement. The Texas Commission on Environmental Quality will require the selected offeror to obtain a standalone air quality permit and adhere to their guidelines. Archaeological inventories have been conducted, with multiple sites identified but deemed not eligible for the National Register of Historic Places.

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Attachment F Request for Proposals No. DACA27-1-26-102

FORT BLISS, EL PASO COUNTY, TEXAS

Installation Summary:

Fort Bliss was founded in 1848 and is the second-largest U.S. Army installation in land area with 1.12 million acres stretching from the western tip of Texas north into New Mexico. The main cantonment area is in El Paso, Texas. Fort Bliss is home to 37,000 military personnel and another 42,500 family members and employs 11,600 civilians. As a Strategic Deployment Platform, the Fort Bliss mission is to enable rapid and efficient unit deployment and re-deployment operations. Serving as both a MFGI and power projection platform, the garrison's top priority is to provide facilities and services that enable unit readiness and maintenance of the airport for combat brigade deployment.

Available Property:

A total of 1,384 acres of land comprised as one parcel.

Parcel Identifier Acreage

Parcel 1 1,384

Total 1,384

Map Identifying the Property:

Land Usage of the Property:

The Property is undeveloped and not currently utilized for any mission critical operations or training. Prior to the 1970s, there could have been weapons firing on the Property.

Adjacent land to the south of the Property is owned by the City of El Paso and private developers. City and private unpaved roads are located to the south of the Property with Army roads to the north. US 62/180 is approximately 1-2 miles from the Property. The Property has the potential for direct access without requiring access through the Installation. The following are the known encumbrances on the Property:

El Paso Natural Gas DACA63-2-14-0519 El Paso Electric DACA63-2-98-0568 Magellan Pipeline DACA63-2-01-0563 Oneok WesTex Transmission DACA63-2-19-0524 El Paso Electric DACA47-2-84-30

TXDOT DACA63-2-97-0601

El Paso Electric DACA63-2-21-0507 El Paso Water DACA63-2-09-0524

NuStar Logistics DACA63-2-97-0507 Oneok WesTex Transmission DACA63-2-19-0524 (line going north-south)

Utilities at Fort Bliss:

Electricity: Transmission service is provided by El Paso Electric (EPE). 115kV serves Fort Bliss, and 345kV transmission is on the range at East Bliss.

Information on interconnection with EPE can be found at:

https://www.epelectric.com/company/generator-interconnection

Natural Gas: El Paso Natural Gas Co (Kinder Morgan) has an interstate natural gas transmission pipeline located on the Installation. ONEOK has an intrastate natural gas transmission pipeline located on the Installation. Natural gas capacity is anticipated but is unverified. Connection to natural gas is available from Texas Gas Services.

Water: Water risk for the El Paso area is ‘Extremely High (4-5)’ (Source: WRI AQUEDUCT). Water on Fort Bliss is primarily collected through wells on Fort Bliss but includes El Paso Water as a backup. The closest water utility is El Paso Water.

Wastewater. Wastewater service is available from El Paso Water.

Fiber: Multiple providers are located along I-10 that include Cogent Communications, Lumen Technologies, TransTelco, and Windstream.

Environmental Considerations for the Property:

a. The soil composition of the Property consists of wind-driven coppice dunes, shifting sands, and sand sheets. The coppice dunes rise to heights of two to three meters (6.5 to 10 feet) with the spaces between them often lacking perennial vegetation or only sparsely populated by small shrub species such as broom snakeweed and four-winged saltbush. Additionally, the underlying bedrock is described as "very deep," although its exact depth remains undetermined.

b. The Property has no wetlands or waters regulated under Section 404 of the Clean Water Act or falling under the purview of Executive Order 11990, “Protection of Wetlands”. The Property does not include floodplains under the purview of Executive Order 11988.

https://www.epelectric.com/company/generator-interconnection

c. The Texas Commission on Environmental Quality (TCEQ) will require the selected Offeror to acquire a stand-alone air quality permit from the TCEQ and adherence to all TCEQ guidelines, regulations and reporting requirements.

d. The Burrowing Owl is a Texas state sensitive species and a protected migratory bird at the Installation. The Texas horned lizard is known to occur in the area and is state listed in Texas. The invasive plant species, African rue, is known to occur near the Property.

e. The Property may contain a few sporadically dispersed areas with limited amounts of hazardous materials, including household waste and construction debris, primarily due to occasional dumping by nearby residences and businesses. In addition, due to its location on a military reservation, expended munitions may be found in sparse locations on the Property.

f. Several large-scale archaeological inventories have been conducted, and multiple archaeological sites have been identified within the Property. However, the archaeological sites within the Property have been determined not eligible for listing on the National Register of Historic Places. There is low to medium potential for significant inadvertent discoveries, especially those related to the Native American Graves Protection and Repatriation Act (43 CFR Part 10).

Legislative Jurisdiction at Fort Bliss:

Fort Bliss has a combination of proprietorial, concurrent, and exclusive legislative jurisdiction.

Proprietorial: The federal government has only the same rights in the land as does any other landowner. However, there exists a right of the federal government to perform the functions delegated to it by the Constitution and directed by statutory enactment of Congress without interference from any source. Subject to these conditions, the state retains all of the legislative jurisdiction over the area it would have if a private individual rather than the United States owned the land. The state may not impose its regulatory power directly upon the federal government nor may it tax the federal land, but it may tax a lessee’s interest in the land if state law permits. The state may not regulate the actions of residents of the land in any way which might directly interfere with the performance of a federal function.

Concurrent: Both state and federal laws are applicable in a concurrent legislative jurisdiction area. Both federal and state governments may enforce their respective laws and punish an offender for an offense committed in the area. The state, subject to the exemption of the federal government, retains its right to tax. The regulatory powers of the state may be exercised in the area, but not in such a manner as to interfere with federal functions.

Exclusive: Exclusive legislative jurisdiction exists when the federal government acquires all of the state’s judicial, legislative and administrative authority, and the state concerned has not reserved to itself the right to exercise any of the authority concurrently with the federal government, except the right to serve state civil or criminal process for activities that occurred outside of the area. Since there are no federal general municipal laws, the state law in effect at the time such exclusive jurisdiction is acquired generally governs with respect to civil matters. The criminal laws of the state are generally adopted within areas of exclusive federal jurisdiction under 18 U.S.C. § 13 (the Assimilative Crimes Statute). As a result, laws governing both criminal offenses and certain civil matters may be ambiguous or non-existent in some cases. Offerors should therefore familiarize themselves with jurisdictional matters to best determine how to address the enforcement of civil matters on the Property, such as enforcement of contractual obligations, which may be addressed through choice of law provisions.

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