                                 CODE OF VIRGINIA

SHORT TITLE; DECLARATION OF PUBLIC PURPOSE; FORT MONROE AUTHORITY CREATED;
SUCCESSOR IN INTEREST TO FORT MONROE FEDERAL AREA DEVELOPMENT AUTHORITY (§
2.2-2336)

A. This article shall be known and may be cited as the Fort Monroe Authority
Act.

B. The General Assembly finds and declares that:

   1. Fort Monroe, located on a barrier spit at Hampton Roads Harbor and the
   southern end of Chesapeake Bay where the Old Point Comfort lighthouse has been
   welcoming ships since 1802, is one of the Commonwealth&#8217;s most important
   cultural treasures. Strategically located near Virginia&#8217;s Historic
   Triangle of Williamsburg, Yorktown, and Jamestown, the 565-acre site has been
   designated a National Historic Landmark District;

   2. As a result of decisions made by the federal Defense Base Closure and
   Realignment Commission (known as the BRAC Commission), Fort Monroe will cease
   to be an army base in 2011, and at that time most of the site will revert to
   the Commonwealth;

   3. The planning phase of Fort Monroe&#8217;s transition from use as a United
   States Army base was managed by the Fort Monroe Federal Area Development
   Authority (FMFADA), originally established by the City of Hampton pursuant to
   legislation enacted by the General Assembly in 2007. The Fort Monroe Federal
   Area Development Authority, a partnership between the City and the
   Commonwealth, has fulfilled its primary purpose of formulating a reuse plan
   for Fort Monroe;

   4. It is the policy of the Commonwealth to protect the historic resources at
   Fort Monroe, provide public access to the Fort&#8217;s historic resources and
   recreational opportunities, exercise exemplary stewardship of the Fort&#8217;s
   natural resources, and maintain Fort Monroe in perpetuity as a place that is a
   desirable one in which to reside, do business, and visit, all in a way that is
   economically sustainable;

   5. Fort Monroe&#8217;s status is unique. Municipal services will need to be
   provided to Fort Monroe&#8217;s visitors, residents, and businesses. Both the
   Commonwealth and the FMFADA are signatories to a Programmatic Agreement under
   Section 106 of the National Historic Preservation Act that requires several
   specific actions be taken, including the enforcement of design standards to be
   adopted by the FMFADA or its successor to govern any new development or
   building restoration or renovation at Fort Monroe. There exists a need for an
   entity that can manage the property for the Commonwealth and ensure adherence
   to the findings, declarations, and policies set forth in this section; and

   6. The creation of an authority for this purpose is in the public interest,
   serves a public purpose, and will promote the health, safety, welfare,
   convenience, and prosperity of the people of the Commonwealth.

C. The Fort Monroe Authority is created, with the duties and powers set forth in
this article, as a public body corporate and as a political subdivision of the
Commonwealth. The Authority is constituted as a public instrumentality
exercising public functions, and the exercise by the Authority of the duties and
powers conferred by this article shall be deemed and held to be the performance
of an essential governmental function of the Commonwealth. The exercise of the
powers granted by this article and its public purpose shall be in all respects
for the benefit of the inhabitants of the Commonwealth.

D. The Fort Monroe Authority is the successor in interest to that political
subdivision formerly known as the Fort Monroe Federal Area Development
Authority. As such, the Authority stands in the place and stead of, and assumes
all rights and duties formerly of, the Fort Monroe Federal Area Development
Authority, including but not limited to all leases, contracts, grants-in-aid,
and all other agreements of whatsoever nature; holds title to all realty and
personalty formerly held by the Fort Monroe Federal Area Development Authority;
and may exercise all powers that might at any time past have been exercised by
the Fort Monroe Federal Area Development Authority, including the powers and
authorities of a Local Redevelopment Authority under the provisions of any and
all applicable federal laws, including the Defense Base Closure and Realignment
Act of 2005.

E. The Fort Monroe Authority shall be subject to the Virginia Public Procurement
Act (&#xA7; 2.2-4300 et seq.) and the Board shall adopt procedures consistent
with that Act to govern its procurement processes.

F. Employees of the Fort Monroe Authority shall be eligible for membership in
the Virginia Retirement System and all of the health and related insurance and
other benefits, including premium conversion and flexible benefits, available to
state employees as provided by law.

G. The provisions of the Virginia Personnel Act (&#xA7; 2.2-2900 et seq.) shall
not apply to the Fort Monroe Authority.

HISTORY: 2011, c. 716; 2020, cc. 269, 800.