Violations of the FDRPC Enabling Act

The latest revision of the FDRPC Enabling Act was amended by HB 355 at the end of the last legislative session. There have been three violations of this Act.

Land Inappropriately Transferred

The enabling legislation did not automatically transfer Grassdale or other land to FDRPC. §4737 states as one of the “Initial Duties of Corporation” to be completed by June 30, 2015:

“Perform or have performed such tests, studies, examinations, and evaluations upon the lands of the Fort DuPont Complex as may be desirable or necessary to permit such property to be transferred to the Corporation…”

No documentation has been produced indicating that this “Duty” of FDRPC was ever undertaken or completed. This was an astonishing lapse of due diligence on the part of the FDRPC staff which has resulted in many of the other statutory violations listed below.

Grassdale Must Remain Public

The Enabling Act also required that Grassdale remain public stating in §4731(3)a:

“The Fort DuPont Complex will remain a public destination, with its historic, natural, and recreational resources maintained for public enjoyment.”

Of course, Blue Water campgrounds are private. No one involved in this transaction claims that there would be “public enjoyment” of this RV Campgrounds.

FDRPC Not Exempt from Environmental Laws

HB 355 added new language to §4735(2) stating:

“The power in this paragraph (2) does not exempt development and construction on the Fort DuPont Complex from otherwise applicable environmental law and regulatory requirements. All activity on the Fort DuPont Complex must comply with otherwise applicable permitting processes of the Department.”

No explanation has been provided for adding this provision eight years following passage of the original enabling legislation. This seems to represent a lapse of legislative diligence. In any case, this provision clarifies that the Corporation is not exempt from the law, and any violations which have occurred need to be corrected.