Docstoc

National Defense

Document Sample
National Defense Powered By Docstoc
					                                                                   32
                                                                   Parts 630 to 699
                                                                   Revised as of July 1, 2000



                                                                   National Defense

                                                                   Containing a Codification of documents
                                                                   of general applicability and future effect

                                                                   As of July 1, 2000

                                                                   With Ancillaries

                                                                   Published by
                                                                   the Office of the Federal Register
                                                                   National Archives and Records
                                                                   Administration


                                                                   As a Special Edition of the Federal Register




VerDate 11<MAY>2000   12:41 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00001   Fmt 8091   Sfmt 8091   Y:\SGML\190119F.XXX   pfrm08   PsN: 190119F
                                                        U.S. GOVERNMENT PRINTING OFFICE
                                                               WASHINGTON : 2000




                                                    For sale by U.S. Government Printing Office
                                      Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402–9328




VerDate 11<MAY>2000   12:41 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00002   Fmt 8092   Sfmt 8092   Y:\SGML\190119F.XXX   pfrm08   PsN: 190119F
                                            Table of Contents
                                                                                                                                     Page
                      Explanation ................................................................................................       v



                      Title 32:


                            Subtitle A—Department of Defense (Continued):


                                Chapter V—Department of the Army (Continued) ..........................                                  5


                      Finding Aids:

                            Table of CFR Titles and Chapters .......................................................                   433


                            Alphabetical List of Agencies Appearing in the CFR .........................                               451


                            List of CFR Sections Affected .............................................................                461




                                                                                iii



VerDate 11<MAY>2000    12:41 Aug 17, 2000    Jkt 190119   PO 00000     Frm 00003      Fmt 8092   Sfmt 8092   Y:\SGML\190119F.XXX     pfrm08   PsN: 190119F
                                                   Cite this Code:                CFR

                                                   To cite the regulations in
                                                    this volume use title,
                                                    part and section num-
                                                    ber. Thus, 32 CFR
                                                    630.1 refers to title 32,
                                                    part 630, section 1.




                                                                          iv



VerDate 11<MAY>2000   12:41 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00004   Fmt 8092   Sfmt 8092   Y:\SGML\190119F.XXX   pfrm08   PsN: 190119F
                                                                    Explanation
                         The Code of Federal Regulations is a codification of the general and permanent
                      rules published in the Federal Register by the Executive departments and agen-
                      cies of the Federal Government. The Code is divided into 50 titles which represent
                      broad areas subject to Federal regulation. Each title is divided into chapters
                      which usually bear the name of the issuing agency. Each chapter is further sub-
                      divided into parts covering specific regulatory areas.
                         Each volume of the Code is revised at least once each calendar year and issued
                      on a quarterly basis approximately as follows:
                           Title 1 through Title 16..............................................................as of January 1
                           Title 17 through Title 27 .................................................................as of April 1
                           Title 28 through Title 41 ..................................................................as of July 1
                           Title 42 through Title 50 .............................................................as of October 1
                         The appropriate revision date is printed on the cover of each volume.
                      LEGAL STATUS
                         The contents of the Federal Register are required to be judicially noticed (44
                      U.S.C. 1507). The Code of Federal Regulations is prima facie evidence of the text
                      of the original documents (44 U.S.C. 1510).
                      HOW TO USE THE CODE OF FEDERAL REGULATIONS
                         The Code of Federal Regulations is kept up to date by the individual issues
                      of the Federal Register. These two publications must be used together to deter-
                      mine the latest version of any given rule.
                         To determine whether a Code volume has been amended since its revision date
                      (in this case, July 1, 2000, consult the ‘‘List of CFR Sections Affected (LSA),’’
                      which is issued monthly, and the ‘‘Cumulative List of Parts Affected,’’ which
                      appears in the Reader Aids section of the daily Federal Register. These two lists
                      will identify the Federal Register page number of the latest amendment of any
                      given rule.
                      EFFECTIVE AND EXPIRATION DATES
                         Each volume of the Code contains amendments published in the Federal Reg-
                      ister since the last revision of that volume of the Code. Source citations for
                      the regulations are referred to by volume number and page number of the Federal
                      Register and date of publication. Publication dates and effective dates are usu-
                      ally not the same and care must be exercised by the user in determining the
                      actual effective date. In instances where the effective date is beyond the cut-
                      off date for the Code a note has been inserted to reflect the future effective
                      date. In those instances where a regulation published in the Federal Register
                      states a date certain for expiration, an appropriate note will be inserted following
                      the text.
                      OMB CONTROL NUMBERS
                        The Paperwork Reduction Act of 1980 (Pub. L. 96–511) requires Federal agencies
                      to display an OMB control number with their information collection request.

                                                                            v



VerDate 11<MAY>2000    12:41 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00005   Fmt 8008   Sfmt 8092   Y:\SGML\190119F.XXX   pfrm08   PsN: 190119F
                      Many agencies have begun publishing numerous OMB control numbers as amend-
                      ments to existing regulations in the CFR. These OMB numbers are placed as
                      close as possible to the applicable recordkeeping or reporting requirements.
                      OBSOLETE PROVISIONS
                         Provisions that become obsolete before the revision date stated on the cover
                      of each volume are not carried. Code users may find the text of provisions in
                      effect on a given date in the past by using the appropriate numerical list of
                      sections affected. For the period before January 1, 1986, consult either the List
                      of CFR Sections Affected, 1949–1963, 1964–1972, or 1973–1985, published in seven sep-
                      arate volumes. For the period beginning January 1, 1986, a ‘‘List of CFR Sections
                      Affected’’ is published at the end of each CFR volume.
                      CFR INDEXES AND TABULAR GUIDES
                         A subject index to the Code of Federal Regulations is contained in a separate
                      volume, revised annually as of January 1, entitled CFR INDEX AND FINDING AIDS.
                      This volume contains the Parallel Table of Statutory Authorities and Agency
                      Rules (Table I). A list of CFR titles, chapters, and parts and an alphabetical
                      list of agencies publishing in the CFR are also included in this volume.
                         An index to the text of ‘‘Title 3—The President’’ is carried within that volume.
                         The Federal Register Index is issued monthly in cumulative form. This index
                      is based on a consolidation of the ‘‘Contents’’ entries in the daily Federal Reg-
                      ister.
                         A List of CFR Sections Affected (LSA) is published monthly, keyed to the
                      revision dates of the 50 CFR titles.
                      REPUBLICATION OF MATERIAL
                        There are no restrictions on the republication of material appearing in the
                      Code of Federal Regulations.
                      INQUIRIES
                        For a legal interpretation or explanation of any regulation in this volume,
                      contact the issuing agency. The issuing agency’s name appears at the top of
                      odd–numbered pages.
                        For inquiries concerning CFR reference assistance, call 202–523–5227 or write
                      to the Director, Office of the Federal Register, National Archives and Records
                      Administration, Washington, DC 20408 or e-mail info@fedreg.nara.gov.
                      SALES
                         The Government Printing Office (GPO) processes all sales and distribution of
                      the CFR. For payment by credit card, call 202–512–1800, M–F 8 a.m. to 4 p.m.
                      e.s.t. or fax your order to 202–512–2233, 24 hours a day. For payment by check,
                      write to the Superintendent of Documents, Attn: New Orders, P.O. Box 371954,
                      Pittsburgh, PA 15250–7954. For GPO Customer Service call 202–512–1803.
                      ELECTRONIC SERVICES
                         The full text of the Code of Federal Regulations, the LSA (List of CFR Sections
                      Affected), The United States Government Manual, the Federal Register, Public
                      Laws, Public Papers, Weekly Compilation of Presidential Documents and the Pri-
                      vacy Act Compilation are available in electronic format at www.access.gpo.gov/
                      nara (‘‘GPO Access’’). For more information, contact Electronic Information Dis-
                      semination Services, U.S. Government Printing Office. Phone 202–512–1530, or 888–
                      293–6498 (toll–free). E–mail, gpoaccess@gpo.gov.

                                                                          vi



VerDate 11<MAY>2000   12:41 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00006   Fmt 8008   Sfmt 8092   Y:\SGML\190119F.XXX   pfrm08   PsN: 190119F
                        The Office of the Federal Register also offers a free service on the National
                      Archives and Records Administration’s (NARA) World Wide Web site for public
                      law numbers, Federal Register finding aids, and related information. Connect
                      to NARA’s web site at www.nara.gov/fedreg. The NARA site also contains links
                      to GPO Access.

                                                                                             RAYMOND A. MOSLEY,
                                                                                                              Director,
                                                                                           Office of the Federal Register.
                        July 1, 2000.




                                                                         vii



VerDate 11<MAY>2000   12:41 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00007   Fmt 8008   Sfmt 8092   Y:\SGML\190119F.XXX   pfrm08   PsN: 190119F
VerDate 11<MAY>2000   12:41 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00008   Fmt 8008   Sfmt 8092   Y:\SGML\190119F.XXX   pfrm08   PsN: 190119F
                                                                    THIS TITLE

                         Title 32—NATIONAL DEFENSE is composed of six volumes. The parts in these
                      volumes are arranged in the following order: parts 1–190, parts 191–399, parts 400–
                      629, parts 630–699, parts 700–799, and part 800 to End. The contents of these volumes
                      represent all current regulations codified under this title of the CFR as of July
                      1, 2000.

                         The current regulations issued by the Department of Defense appear in the
                      volumes containing parts 1–189 and parts 190–399; those issued by the Department
                      of the Army appear in the volumes containing parts 400–629 and parts 630–699;
                      those issued by the Department of the Navy appear in the volume containing
                      parts 700–799, and those issued by the Department of the Air Force, Defense Logis-
                      tics Agency, Selective Service System, National Counterintelligence Center, Cen-
                      tral Intelligence Agency, Information Security Oversight Office, National Secu-
                      rity Council, Office of Science and Technology Policy, Office for Micronesian
                      Status Negotiations, and Office of the Vice President of the United States appear
                      in the volume containing parts 800 to end.

                        For this volume, Bonnie J. Fritts was Chief Editor. The Code of Federal Regu-
                      lations is published under the direction of Frances D. McDonald, assisted by
                      Alomha S. Morris.




                                                                          ix



VerDate 11<MAY>2000   12:41 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00009   Fmt 8092   Sfmt 8092   Y:\SGML\190119F.XXX   pfrm08   PsN: 190119F
                                                                           x



VerDate 11<MAY>2000   12:41 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00010   Fmt 8092   Sfmt 8092   Y:\SGML\190119F.XXX   pfrm08   PsN: 190119F
                                     Title 32—National
                                           Defense
                                                     (This book contains parts 630 to 699)




                                                                                                                             Part


                               SUBTITLE A—DEPARTMENT OF DEFENSE (CONTINUED):

                      CHAPTER V—Department                     of the Army (Continued) ................                       630


                      CROSS REFERENCES: American Battle Monuments Commission: See Parks, Forests, and Public
                        Property, 36 CFR, chapter IV.
                        Department of Veterans Affairs: See Pensions, Bonuses, and Veterans’ Relief, 38 CFR, chap-
                      ter I.
                        Federal Acquisition Regulations System, 48 CFR.




                                                                            1



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00001   Fmt 8008   Sfmt 8008   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00002   Fmt 8008   Sfmt 8008   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                         Subtitle A—Department of
                           Defense (Continued)




                                                                           3



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00003   Fmt 8008   Sfmt 8008   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00004   Fmt 8008   Sfmt 8008   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                             CHAPTER V—DEPARTMENT OF THE ARMY
                                                            (CONTINUED)


                       SUBCHAPTER I—LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS

                      Part                                                                                                  Page
                      630          Absentee Deserter Apprehension Program and sur-
                                     render of military personnel to civilian law en-
                                     forcement agencies ...............................................                         7
                      631          Armed Forces Disciplinary Control Boards and off-
                                     installation military enforcement services .........                                     20
                      632          Use of force by personnel engaged in law enforce-
                                     ment and security duties .....................................                           31
                      633          Individual requests for access or amendment of
                                     CID reports of investigation .................................                           33
                      634          Motor vehicle traffic supervision ............................                             34
                      636          Motor vehicle traffic supervision (specific installa-
                                     tions) ....................................................................              71
                                                   SUBCHAPTER J—REAL PROPERTY

                      641–642      [Reserved]
                      643          Real estate ..............................................................                 87
                      644          Real estate handbook ..............................................                       102
                      645–649      [Reserved]
                                           SUBCHAPTER K—ENVIRONMENTAL QUALITY

                      650          Environmental protection and enhancement (AR
                                     200–1) ....................................................................             298
                      651          Environmental effects of Army actions (AR 200–2)                                          379
                      652–654      [Reserved]
                      655          Radiation sources on Army land .............................                              423
                      656          Installations, use of off-road vehicles on Army land                                      424
                      657–667      [Reserved]
                                               SUBCHAPTER L—ARMY CONTRACTING

                      668          Contractor manhour reporting requirement ...........                                      429
                      669–699      [Reserved]

                                                                           5



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00005   Fmt 8008   Sfmt 8008   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                                                                                            32 CFR Ch. V (7–1–00 Edition)

                        EDITORIAL NOTE: Other regulations issued by the Department of the Army appear in title
                      33, chapter II; and title 36, chapter III.



                      ABBREVIATIONS:
                         The following abbreviations are used in this chapter: AGCT=Army General
                       Classification Test. AGO=Adjutant General’s Office. APP=Army Procurement Proce-
                       dure. AR=Army Regulations. ASPR=Armed Services Procurement Regulations.
                       ATC=Air Transport Command. A. W.=Articles of War. AWOL=Absent Without
                       Leave. Comp. Gen.=Comptroller General. OCF=Office, Chief of Finance.
                       ROTC=Reserve Officer’s Training Corps. ZI=Zone of Interior.




                                                                            6



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00006   Fmt 8008   Sfmt 8008   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                               SUBCHAPTER I—LAW ENFORCEMENT AND CRIMINAL
                                              INVESTIGATIONS

                      PART 630—ABSENTEE DESERTER AP-                             630.29   Documentation.
                        PREHENSION PROGRAM AND                                   Subpart G—Surrender of Military Members
                        SURRENDER OF MILITARY PER-                                 to Civilian Law Enforcement Officials
                        SONNEL TO CIVILIAN LAW EN-
                                                                                 630.30   Overview.
                        FORCEMENT AGENCIES                                       630.31   CONUS.
                                                                                 630.32   Responsibilities.
                      Sec.
                                                                                 FIGURE 630.1 OF PART 630—SAMPLE MILITARY
                                    Subpart A—Purpose                                             DETAINER

                      630.1 Purpose.                                             APPENDIX A TO PART 630—REFERENCES
                      630.2 References.                                          APPENDIX B TO PART 630—GLOSSARY
                      630.3 Explanation of          abbreviations      and         AUTHORITY: 10 U.S.C. 801 through 940; Man-
                          terms.                                                 ual for courts-martial, U.S. 1995 revised addi-
                      630.4 Responsibilities.                                    tion as amended; sec 709, Pub L. 96–154, De-
                                                                                 fense Appropriation Act. 93 Stat. 1153.
                             Subpart B—Absent Without Leave
                                                                                   SOURCE: 61 FR 39073, July 26, 1996, unless
                      630.5 Notification.                                        otherwise noted.
                      630.6 Surrender to unit commander.
                      630.7 Surrender or apprehension at other in-
                          stallations.                                                      Subpart A—Purpose
                                   Subpart C—Desertion                           § 630.1 Purpose.
                                                                                    This part provides policies and proce-
                      630.8 Administrative report.
                      630.9 Processing deserter reports.
                                                                                 dures for—
                      630.10 Special category absentees.                            (a) Reporting absentees and desert-
                      630.11 Escaped prisoner.                                   ers.
                      630.12 USADIP procedures.                                     (b) Reporting special category absen-
                                                                                 tees.
                         Subpart D—Return to Military Control                       (c) Reporting political defectors.
                      630.13 AWOL/deserter apprehension efforts.                    (d) Use of automated law enforce-
                      630.14 Use of escorts.                                     ment telecommunications.
                      630.15 Verification of deserter status.                       (e) Apprehension and processing of
                      630.16 Surrender or apprehension on parent                 absentees and deserters.
                          installation.                                             (f) Surrender of military personnel to
                      630.17 Surrender or apprehension at another                civilian law enforcement authorities.
                          installation.
                      630.18 Surrender or apprehension off an                    § 630.2 References.
                          Army installation.
                      630.19 Deserters and defectors in foreign                     Required and related publications
                          countries.                                             and referenced forms are listed in ap-
                      630.20 Escaped military prisoner.                          pendix A to this part.
                      633.21 Other armed services deserters.
                      633.22 Transportation.                                     § 630.3 Explanation of abbreviations
                                                                                     and terms.
                             Subpart E—Civilian Correctional or                     Abbreviations and special terms used
                                     Medical Facilities                          in this regulation are explained in the
                      630.23 Military detainer.                                  glossary.
                      630.24 Action on return to military control.
                      630.25 Civilian detention facilities.                      § 630.4 Responsibilities.
                      630.26 Costs of civilian detention facilities.                (a) The Deputy Chief of Staff for Op-
                                                                                 erations and Plans (DCSOPS) is respon-
                         Subpart F—Payment of Rewards and                        sible for establishing law enforcement
                                  Reimbursements                                 policy and procedures for the military
                      630.27   Rewards.                                          absentee and deserter apprehension
                      630.28   Reimbursement payments.                           programs. The DCSOPS will—

                                                                             7



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00007    Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 630.4                                                              32 CFR Ch. V (7–1–00 Edition)

                        (1) Exercise staff supervision over                    fense Investigative Service (DIS) for
                      Army law enforcement activities.                         special category absentees.
                        (2) Integrate operational control of                     (e) Commander, U.S. Army Enlisted
                      the National Crime Information Center                    Records      and    Evaluation     Center
                      (NCIC) elements at the U.S. Army De-                     (USAEREC) will—
                      serter Information Point (USADIP).                         (1) Receive documentation and pro-
                        (3) Provide operational control of the                 vide verification of reports of desertion
                      NCIC elements at the USADIP.                             and return to military control.
                        (4) Be the Department of the Army                        (2) Maintain a centralized deserter
                      point of contact for the Federal Bureau                  data base for deserter statistical re-
                      of Investigation (FBI) on absentee and                   porting requirements from the Auto-
                      deserter apprehension policy matters.                    mated Personnel Accounting System.
                        (b) The Deputy Chief of Staff for Per-                   (3) Maintain management data re-
                      sonnel (DCSPER) is responsible for es-                   ceived on DD Form 616 (Report of Re-
                      tablishing personnel policy on absen-                    turn of Absentee) to identify—
                      tees and deserters and will—                               (i) The number of deserters returned
                        (1) Exercise staff supervision over the                to military control monthly.
                      USADIP.                                                    (ii) The mode of return (surrender to
                        (2) Develop programs to assist com-                    or apprehended by military authori-
                      manders in deterring absenteeism.                        ties, Department of Defense civilian
                        (3) Evaluate statistical profile data                  police, civilian authorities, or FBI).
                      furnished by the Commanding General                        (iii) Cases administratively closed
                      (CG), U.S. Total Army Personnel Com-                     (death, discharge, erroneous entry, and
                      mand (PERSCOM) and CG, U.S. Army                         so forth). Date should be recorded in
                      Personnel Information Systems Com-                       the processing month to hasten report
                      mand (PERSINSCOM).                                       compilation.
                        (c) Commanders of major Army com-                        (f) Chief, U.S. Army Deserter Infor-
                      mands (MACOMs) will—                                     mation Point will—
                        (1) Supervise reporting and coordi-                      (1) Verify and document reports of
                      nate Army programs for the return to                     desertion and return to military con-
                      military control (RMC) of absentees,                     trol.
                      deserters, defectors, and special cat-                     (2) Maintain a central deserter data
                      egory absentees.                                         base.
                        (2) Ensure deserters returned to mili-                   (3)   Provide    data    to    DCSOPS,
                      tary control are reported IAW this part                  DCSPER, CG, PERSCOM and CG,
                      to end apprehension actions.                             PERSINSCOM, as required.
                        (3) Provide military police support                      (4) Complete cross checks against the
                      for the return of special category ab-                   Army Enlisted Master File (EMF),
                      sentees and deserters from foreign                       Joint Service Software, and other data
                      countries to the Continental United                      systems to prevent false apprehension.
                      States (CONUS) when required.                              (5) Query other Army automated per-
                        (4) Assist in the return of soldiers to                sonnel files to prevent mistaken re-
                      overseas commands under status of                        ports of desertion.
                      forces agreement.                                          (6) Provide DD Form 553 (Deserter/
                        (5) Assure that recommended changes                    Absentee Wanted by the Armed Forces)
                      to Army Regulation 5–9 are proposed                      and DD Form 616 (Report of Return of
                      and coordinated with other MACOMs.                       Absentee) to military and civilian law
                        (d) Commanding General, U.S. Army                      enforcement authorities, to include the
                      Criminal      Investigation    Command                   FBI when appropriate.
                      (USACIDC) is responsible for—                              (7) Advise U.S. Department of State,
                        (1) Entering and clearing subjects of                  Deputy Assistant Secretary for Pass-
                      USACIDC investigations and special                       port Services, of U.S. Army alien de-
                      category absentees reported by over-                     serters who are known or suspected to
                      seas commanders in the NCIC wanted                       have entered a foreign country, return
                      person file.                                             to military control, or are discharged
                        (2) Coordinating retrieval of records                  in absentia.
                      through the Director, U.S. Army Crime                      (8) Enter wanted information into
                      Records Center (USACRC) from the De-                     the NCIC.

                                                                           8



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00008   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                        § 630.8

                        (g) All Army installation com-                          § 630.7 Surrender or apprehension at
                      manders with active Army manpower                             other installations.
                      assets have responsibilities for report-                    (a) If an AWOL soldier surrenders to
                      ing and returning deserters to military                   or is apprehended by a provost marshal
                      control.                                                  other than the parent installation, the
                        (1) Coordinating installation com-                      apprehending provost marshall
                      manders return of deserters to military                     (1) Issues DD Form 460 (Provisional
                      control within their designated areas                     Pass) IAW AR 190–45, paragraph 5–2,
                      of responsibility.                                        and verbal orders to the solider to re-
                        (2) Supporting installation com-                        turn to their proper station. The DD
                      manders have responsibility for all lo-                   Form 460 and transportation requests
                      cations within 50 miles of their respec-                  are used instead of an escort if there is
                      tive installations. When efficiency and                   a reasonable expectation that the sol-
                      economy demand, these distances can                       dier will comply. Express mail may be
                      be increased or diminished as deter-                      used to forward the DD Form 460 to the
                      mined between the coordinating instal-                    absentee. DD Form 460 will not be re-
                      lation and the supporting installation.                   quired if the provost marshal elects to
                        (h) Installation provost marshals will                  return the soldier through different
                      endeavor or resolve procedural ar-                        means.
                      rangements at the lowest command                            (2) Prepares and forwards DA Forms
                      level IAW AR 5–9.                                         3975 and 4833, along with a copy of DD
                                                                                Form 460 to the parent installation
                      Subpart B—Absent Without Leave                            provost marshal.
                                                                                  (b) The parent installation provost
                      § 630.5   Notification.                                   marshal—
                                                                                  (1) Completes a reference blotter
                        (a) The unit commander notifies the                     entry reflecting the AWOL soldier’s
                      local provost marshal within 24 hours                     RMC.
                      after a soldier has been reported absent                    (2) Forwards DA Form 3975 and DA
                      without leave (AWOL). Special cat-                        Form 4833, with an appropriate sus-
                      egory absentees are reported as desert-                   pense, through the field grade com-
                      ers IAW § 630.10 of this part.                            mander to the unit commander.
                        (b) On receipt of an AWOL report, the                     (3) On return of the completed DA
                      provost marshal initiates a DA Form                       Form 4833 from the unit commander,
                      3975 (Military Police Report) and a cor-                  forwards the original and one copy of
                      responding blotter entry on DA Form                       the form to the apprehending provost
                      3997 (Military Police Desk Blotter).                      marshal. The parent installation Pro-
                                                                                vost Marshal may retain a copy of DA
                      § 630.6   Surrender to unit commander.                    Form 3975 and DA Form 4833 pertaining
                        If an AWOL soldier surrenders to the                    to the case.
                      parent unit the following procedures
                      apply:                                                               Subpart C—Desertion
                        (a) The unit commander immediately
                      notifies the Provost Marshal that the                     § 630.8    Administrative report.
                      soldier has returned.                                       (a) The unit commander administra-
                        (b) The provost marshal finalizes the                   tively classifies an absentee as a de-
                      DA Form 3975 and makes a reference                        serter and completes DD Form 553
                      blotter entry. The provost marshal for-                   when one or more of the following ap-
                      wards DA Form 3975 and 4833 (Com-                         plies:
                      mander’s Report of Disciplinary or Ad-                      (1) The facts and circumstances of
                      ministration Action) with an appro-                       the absence, without regard to the
                      priate suspense date through the ap-                      length of absence, indicates that the
                      propriate field grade commander to the                    soldier may have committed the of-
                      unit commander for action.                                fense of desertion, as defined in articles
                        (c) The unit commander reports ac-                      85 and 86 of the Uniform Code of Mili-
                      tion taken to the provost marshal on                      tary Justice (UCMJ).
                      DA Form 4833 not later than the as-                         (2) The soldier has been AWOL for 30
                      signed suspense date.                                     consecutive days.

                                                                            9



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00009   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 630.9                                                              32 CFR Ch. V (7–1–00 Edition)

                         (3) The soldier, without authority,                     (6) Follows the procedures in section
                      has gone to or remains in a foreign                      630.8 of this part for special category
                      country and while in the foreign coun-                   absentees.
                      try has requested, applied for, or ac-                     (c) Within 48 hours of the soldier
                      cepted any type of asylum or resident                    being dropped from the rolls (DFR) of
                      permit from the country, or any gov-                     the unit, the unit commander forwards
                      ernmental agency.                                        the DD Form 553, with associated docu-
                         (4) The soldier has returned to mili-                 ments, through the Personnel Service
                      tary control and departs absent prior                    Battalion to Commander, U.S. Army
                      to completion of any administrative or                   Enlisted Records Center, ATTN: PCRE–
                      judicial action for a previous absence.                  RD, Indianapolis, Indiana 46249–5300.
                         (5) The soldier escapes from confine-
                      ment.                                                    § 630.10 Special category absentees.
                         (6) The soldier is a special category                    Commanders of absent soldiers as-
                      absentee.                                                signed to special mission units and sol-
                         (b) The unit commander promptly re-                   diers who have had access to top secret
                      ports deserters to the provost marshal                   information during the 12 months pre-
                      via DD Form 553 per AR 630–10, chapter                   ceding the absence immediately report
                      3.                                                       the soldier as a deserter regardless of
                                                                               the length of absence. On receipt of a
                      § 630.9 Processing deserter reports.                     special category absentee the provost
                         (a) On receipt of reports of desertion                marshal—
                      or defectors, the Provost Marshall                          (a) Immediately completes the proce-
                      completes a blotter entry per AR 190–                    dures in § 630.6 of this part.
                      45, paragraph 4–6b. This is an initial                      (b) Queries the NCIC missing person,
                      blotter entry if a previous absentee                     interstate identification, and unidenti-
                      entry had not been made.                                 fied person files for a possible match
                         (b) The Provost Marshal then—                         using the absentee’s identifying infor-
                         (1) Ensures that the unit commander                   mation (Social Security Number, date
                      has accurately completed DD Form 553.                    and place of birth, and physical de-
                         (2) Screens installation and state ve-                scription) to determine if he or she has
                      hicle registration and completes iden-                   been previously entered into the NCIC.
                      tification portions of the DD Form 553.                     (c) Enters the soldier into the NCIC
                         (3) In the remarks section of DD                      wanted file after determining the sol-
                      Form 553 adds other known informa-                       dier has not been entered previously.
                      tion about the soldier such as:                          Outside continental United States
                         (i) Confirmed or suspected drug                       (OCONUS) Provost Marshal NCIC en-
                      abuse.                                                   tries are completed by sending a copy
                         (ii) History of violence.                             of the DD Form 553 to the USACRC fac-
                         (iii) History of escapes or attempted                 simile machine Defense System Net-
                      escapes from custody.                                    work (DSN) 656–0395 or commercial
                         (iv) Suicidal tendencies.                             (301) 806–0395. OCONUS Provost Mar-
                         (v) Suspicion of involvement in vio-                  shals who do not have facsimile equip-
                      lent crimes for which there is a record                  ment express mail the DD Form 553 to
                      of an active military police investiga-                  Director, USCRC, ATTN: CICR–ZA, 6010
                      tion being prepared and forwarded.                       6th Street, Fort Belvoir, VA 22060–5585.
                         (vi) History of other unauthorized ab-                   (d) Requests the assistance of the Di-
                      sence.                                                   rector, USACRC, in obtaining perti-
                         (vii) Any other information in the ap-                nent information from security records
                      prehension process or to protect the de-                 maintained by the DIS.
                      serter or apprehending authorities.                         (e) Requests assistance of the U.S.
                         (4) Initiates a DA Form 3975, if not                  State Department, in identifying and
                      previously completed as an AWOL re-                      suspending existing passports and
                      port, and assigns a USACRC Crime                         pending applications pertaining to the
                      Control Number to the case.                              deserter. This includes transmitting a
                         (5) Returns the completed DD Form                     copy of the DD Form 553 by facsimile
                      553 to the unit commander within 24                      or express mail to the U.S. State De-
                      hours. The provost marshal retains a                     partment, Deputy Assistant Secretary
                      copy of the DD Form 553.                                 for Passport Services, ATTN: CA–PPT–

                                                                          10



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00010   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                      § 630.13

                      C, McPherson Building, 1425 K Street                        (1) Requests assistance from civilian
                      NW., Washington DC 20524. A point of                      law enforcement agencies including the
                      contact in the provost marshal office                     FBI.
                      must be provided for the U.S. State De-                     (2) Forwards copies of DD Form 553
                      partment. The facsimile commercial                        to Chief, USADIP, showing distribution
                      telephone number is (202) 326–6271.                       with Item 10 marked ‘‘N/A.’’
                        (f) Notifies USACIDC, local FBI of-                       (3) Enters a temporary warrant into
                      fice, and local and State law enforce-                    the NCIC.
                      ment agencies of the soldier’s absence                      (b) An escaped military prisoner
                      to establish an investigative task                        whose discharge has been executed and
                      force. The task force acts as the focal                   who is not under the custody of the
                      point in collecting and disseminating                     U.S. Attorney General is reported as an
                      information obtained through inves-                       escaped military prisoner, not a de-
                      tigative activity.                                        serter. The custodian of an escaped
                                                                                military prisoner’s personnel records
                        (g) Requests assistance from the
                                                                                prepares DD Form 553 clearly stating
                      nearest Air Force Office of Special In-
                                                                                in items 12 and 19 that the individual is
                      vestigation (OSI) to determine if the
                                                                                an escaped military prisoner. The DD
                      absentee has been granted passage on a
                                                                                Form 553 is sent to the installation
                      Military Airlift Command (MAC)                            provost marshal. A temporary warrant
                      Flight. Notification is also made to                      is entered into the NCIC by the instal-
                      Headquarters, MAC, to deny passage on                     lation provost marshal.
                      a MAC, flight by calling Office of Spe-
                      cial Investigations, Scott Air Force                      § 630.12   USADIP procedures.
                      Base, Illinois, DSN 576–5413 or commer-
                                                                                  (a) The Chief, USADIP—
                      cial 618–256–5413.
                                                                                  (1) Verifies information on the DD
                        (h) Transmits an electronic alert                       Form 553 with permanent personal
                      through the National Law Enforcement                      records at the USAEREC.
                      Telecommunications Systems (NLETS)                          (2) Enters the soldier’s name into the
                      to broadcast within the State, a spe-                     NCIC.
                      cific State, and or regional broadcast                      (3) Forwards a copy of the DD Form
                      (contiguous five States). NLETS mes-                      553 to all Federal, State and local law
                      sages must include the deserter’s com-                    enforcement agencies who may be in-
                      plete name, social security number,                       volved in the apprehension process.
                      date and place of birth, physical de-                       (4) Forwards a copy of DD Form 553
                      scription, and a statement that an                        to the provost marshall nearest the de-
                      entry has been made into the NCIC.                        serter’s home of record.
                        (i) Coordinates with the Office of the                    (5) Forwards a copy of the DD Form
                      Staff Judge Advocate to obtain search                     553 to the USACRC, ensuring the
                      warrants, court orders, or subpoenas                      USACRC control number is legible.
                      for searches of the deserter’s residence,                   (b) The Army entry into the NCIC
                      financial, credit card, postal, tele-                     wanted person file normally is gen-
                      phone, insurance, housing utilities, ci-                  erally sufficient to support civilian po-
                      vilian medical records, and access to                     lice apprehension assistance.
                      commercial land, air and sea transpor-
                      tation records.                                              Subpart D—Return to Military
                        (j) Cancels the NCIC entry when noti-                               Control
                      fied by Chief, USADIP that the de-
                      serter packet has been received and the                   § 630.13 AWOL/deserter           apprehension
                      Chief, USADIP, is prepared to assume                          efforts.
                      responsibility as the point of contact                      The return of absentees to military
                      for verification of deserters.                            control is a command responsibility.
                                                                                Military police will generally not be
                      § 630.11   Escaped prisoner.
                                                                                committed to proactive efforts to ap-
                        (a) An escaped prisoner whose dis-                      prehend AWOL soldiers or deserters ex-
                      charge has not been executed is admin-                    cept when the provost marshal deter-
                      istratively classified as a deserter. The                 mines that such efforts are warranted
                      installation Provost Marshal—                             by specific circumstances. Examples of

                                                                           11



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00011   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 630.14                                                             32 CFR Ch. V (7–1–00 Edition)

                      instances when such effort is war-                         (3) Date of birth.
                      ranted include when the AWOL soldier                       (4) Place of birth.
                      or deserter is wanted as the subject of                    (5) Military service number if dif-
                      additional more serious charges or is a                  ferent from the social security number.
                      special category absentee as defined in                    (c) When necessary to establish iden-
                      § 630.8 of this part.                                    tity at the request of the Chief,
                                                                               USADIP, the installation provost mar-
                      § 630.14 Use of escorts.                                 shal forwards DD Form 369 (Police
                         (a) Commanders and provost mar-                       Record Check) with a complete set of
                      shals must ensure that the most eco-                     fingerprints to the Commander, U.S.
                      nomical and efficient means are used                     Army Enlisted Records Center, ATTN:
                      to return surrendered or captured ab-                    PCRE–RD, Indianapolis, IN 46249–5301.
                      sentees to their parent unit or per-                     The fingerprints must also be accom-
                      sonnel control facility as appropriate.                  panied by DD Form 616 in quadru-
                      For example, alternatives such as ex-                    plicate. In Item 9 of the DD Form 616
                      press mailing of DD Form 460 and a                       note: ‘‘For Information Only—Finger-
                      transportation request may be used in-                   prints attached.’’ The Chief, USADIP
                      stead of an escort if there is a reason-                 forwards the fingerprint record to the
                      able expectation that the absentee will                  FBI Identification Division, Wash-
                      comply.                                                  ington, DC 20537–8700 for fingerprint
                         (b) The use of escorts should be con-                 comparison and identification.
                      sidered if—                                                (d) In the event the status of the in-
                         (1) There is not a reasonable expecta-                dividual can not be immediately deter-
                      tion that the absentee will not comply.                  mined, the individual will not be de-
                         (2) The absentee is a special category                tained. The Provost Marshal obtains
                      absentee IAW § 630.8 of this part.                       information on how to contact the per-
                         (3) The absentee is pending serious                   son once their status has been deter-
                      criminal charges.                                        mined. On verification of status as ab-
                         (4) The absentee is in the custody of                 sent or desertion, Chief, USADIP, pro-
                      a civilian law enforcement agency that                   vides instructions to the provost mar-
                      is not willing to assist in processing                   shal returning the individual to mili-
                      the absentee by mail or similar means.                   tary control.
                         (c) When escorts are deemed nec-
                      essary, consideration should be given                    § 630.16 Surrender or apprehension on
                      to using noncommissioned officers                             parent installation.
                      from the parent unit before commit-                         (a) The parent installation provost
                      ting military police manpower.                           marshal—
                                                                                  (1) Verifies the deserter’s military
                      § 630.15 Verification of deserter status.                status IAW § 630.13 of this part.
                         (a) When a person claims to be a de-                     (2) Coordinate between appropriate
                      serter from the U.S. Army, the first re-                 levels of command on RMC (time, date,
                      ceiving military authority must advise                   and location).
                      the person of his or her right per arti-                    (3) Initiates a reference blotter entry
                      cle 31 UCMJ and provide as much of the                   changing the absentee’s status from de-
                      following data as possible to the pro-                   serter to return to military control.
                      vost marshal:                                               (4) Prepares and submits DD Form
                         (1) Name.                                             616 to Chief, USADIP. The USACRC
                         (2) Social security number.                           control number assigned to the DD
                         (3) Date and place of birth.                          Form 553 is included in the remarks
                         (4) Home of record.                                   section of DD Form 616.
                         (5) Date and place of enlistment, date                   (5) Prepares DA Form 3975, 2804
                      of alleged absence, and unit of assign-                  (Crime Records Data Reference) and
                      ment.                                                    4833. The USACRC control number as-
                         (b) The provost marshal immediately                   signed to the DD Form 553 is also used
                      completes a check of the NCIC and                        on these forms.
                      USADIP to confirm the deserter sta-                         (6) Forwards the original DA Form
                      tus. Deserter felon checks require:                      3975 and 2804 to the Director, USACRC.
                         (1) The full name of the person.                         (7) Forwards three copies of DA Form
                         (2) Social security number.                           4833, with an appropriate suspense

                                                                          12



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00012   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                     § 630.19

                      date, and one copy of DA Form 3975 to                    Forces or other station agreements,
                      the PCF commander or installation                        AR 27–50, U.S. and host country law,
                      commander processing the deserter.                       and the directives of the overseas com-
                        (8) On receipt of the completed DA                     mand.
                      Form 4833 forwards the original to Di-                     (b) Direct coordination between all
                      rector, USACRC.                                          major overseas commanders, U.S. Air
                        (b) Should the deserter surrender to                   Force, U.S. Navy, U.S. Marine Corps
                      the original unit of assignment, the                     and CONUS installations is conducted
                      unit commander immediately notifies                      to coordinate information for return of
                      the provost marshal of the deserter’s                    deserters or defectors to military con-
                      return. The provost marshal completes
                                                                               trol. Defectors and special category ab-
                      the processing in paragraph (a) of this
                                                                               sentees must be escorted from the time
                      section.
                                                                               of their return to military control to
                      § 630.17 Surrender or apprehension at                    the installation or PCF with area of re-
                           another installation.                               sponsibility for processing deserters.
                         (a) The provost marshal follows the                   Deserters returned to military control
                      procedures in § 630.17 and obtains the                   are processed under procedures set by
                      USACRC control number from Chief,                        the major overseas commander.
                      USADIP for use in completing the DD                        (c) When a deserter or defector is re-
                      Form 616 and DA Form 2804, 3975, and                     ported to have been returned to mili-
                      4833.                                                    tary control at another service instal-
                         (b) The unit commander requesting                     lation, the Army area provost marshal
                      return of the absentee completes ar-                     arranges for return of the deserter to
                      rangements for escorting the absentee,                   U.S. Army custody. Maximum use of
                      if required. Other absentees are sent to                 the DD Form 460 should be made.
                      a PCF.                                                     (d) When absentees and deserters in
                                                                               foreign countries are scheduled to de-
                      § 630.18 Surrender or apprehension off
                           an Army installation.                               part or are to be deported from foreign
                                                                               countries, the Military Assistance Ad-
                         Commanders located off an Army in-                    visory Group (MAAG) mission or atta-
                      stallation—
                                                                               che notifies Chief, USADIP, and if
                         (a) Notify the major Army command
                                                                               known the appropriate major com-
                      or coordinating installation provost
                                                                               mander, ATTN: Provost Marshal. Noti-
                      marshal, within whose area of responsi-
                      bility the activity is located.                          fication should be completed in ad-
                         (b) Furnish the coordinating installa-                vance for coordination of operational
                      tion provost marshal all available in-                   military police actions. The notice in-
                      formation on the absentee or deserter.                   cludes the—
                         (c) Issue a DD Form 460 and direct                      (1) Name, grade, and social security
                      the person to proceed to the nearest                     number of the absentee.
                      Army installation with facilities for                      (2) Date, time (local), and place of de-
                      processing deserters. If appropriate, ex-                parture from the foreign country.
                      press mailing of DD Form 460 and a                         (3) Mode of transportation and des-
                      transportation request may be used.                      ignation of the carrier.
                         (d) Forward a copy of the DD Form                       (4) Date, time and place of arrival in
                      460 to Commander, U.S. Army Enlisted                     CONUS or where U.S. Authorities have
                      Records and Evaluation Center, ATTN:                     jurisdiction to apprehend the absentee
                      PCRE–RD, 8899 East 56th Street, Indi-                    or deserter.
                      anapolis, IN 46249.                                        (5) Unit in which the individual is or
                         (e) Follow up to ensure that all ab-
                                                                               was last assigned.
                      sentees and deserters are returned to
                      military control.                                          (6) Length of time in foreign country.
                                                                                 (7) Physical and mental condition
                      § 630.19 Deserters and defectors in for-                 and attitude of the absentee or de-
                           eign countries.                                     serter.
                         (a) Army deserters and defectors in                     (8) Charges by military or civil au-
                      foreign countries are apprehended only                   thorities.
                      in accordance with applicable Status of                    (9) Intelligence interest.

                                                                          13



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00013   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 630.20                                                             32 CFR Ch. V (7–1–00 Edition)

                      § 630.20 Escaped military prisoner.                      following applies when Army personnel
                         (a) When an escaped military pris-                    take custody of absentees or deserters
                      oner is returned to military control,                    from civil authorities in CONUS:
                      the provost marshal—                                       (1) Notify the other military authori-
                         (1) Notifies the commander of the                     ties in advance that the individual will
                      confinement or correctional facility                     be taken into custody and delivered to
                      from which the prisoner escaped.                         the nearest military installation hav-
                         (2) Completes and forwards DD Form                    ing facilities to process absentees or
                      616 to Chief, USADIP.                                    deserters.
                         (b) Unless otherwise directed by                        (2) When custody cannot be affected,
                      HQDA (DAMO–ODL), or the Com-                             notify the nearest installation of the
                      mander, U.S. Army Disciplinary Bar-                      service concerned that the person will
                      racks (USDB), prisoners who escape                       remain in civilian custody.
                      from the USDB are returned to the                          (d) Absentees and deserters from the
                      USDB. The commander of the installa-                     other services and the Coast Guard
                      tion to which the prisoner is returned                   may be received at any U.S. Army in-
                      provides guards and transportation to                    stallation which has facilities for re-
                      the nearest supporting confinement fa-                   ception and custody. They are trans-
                      cility to return the prisoner to the                     ferred immediately to the nearest ap-
                      USDB.                                                    propriate installation of the Service.
                         (c) Escapees from other U.S. Army
                                                                               Commanders of troops on maneuvers or
                      correctional activities are returned to
                                                                               on the march are exempt from the re-
                      the confinement or correctional facil-
                                                                               sponsibility for taking custody of ab-
                      ity from which the prisoner escaped
                                                                               sentees and deserters. They may, how-
                      unless otherwise directed by HQDA
                                                                               ever, accept absentees or deserters if
                      (DAMO–ODL).
                         (d) The chief, USADIP forwards DD                     necessary and return them to the cus-
                      Form 616 to recipients of DD Form 553.                   tody of their Service.

                      § 630.21 Other armed services desert-                    § 630.22   Transportation.
                           ers.                                                  (a) If commercial transportation is
                         (a) Requests for status of alleged de-                necessary:
                      serters from other Armed Services may                      (1) The responsible transportation of-
                      be made through an inquiry in the                        fice arranges for movement per AR 55–
                      NCIC. When the response from the                         355.
                      NCIC is negative, the following appro-                     (2) Cost and speed of transportation
                      priate Service may be contacted:                         are considered.
                         (1) U.S. Air Force. Commander, U.S.                     (3) International and CONUS travel is
                      Air Force Military Personnel Center,                     arranged only on U.S. commercial air
                      Randolph Air Force Base, TX 78150–                       carriers flying regularly scheduled
                      6001, DSN 487–5118.                                      routes, certified route carriers, supple-
                         (2) U.S. Navy. Commander, Naval                       mental air carriers, or charter air taxi
                      Military Personnel Command, Code
                                                                               operations.
                      NMPC–843, Washington, DC. 20370–5643,
                                                                                 (4) Military personnel escorting ab-
                      DSN 224–2551 or commercial, toll free 1–
                      800–336–4974.                                            sentees or deserters must comply with
                         (3) U.S. Marine Corps. Commandant                     commercial air carrier rules and with
                      of the Marine Corps, Corrections                         AR 190–47.
                      Branch (MHC), Headquarters, U.S. Ma-                       (5) Expenses (transportation, reward
                      rine Corps, Building 2008, MCCDC,                        payment, reimbursement to civilian
                      Quantico, VA 22130–5000, DSN 278–3976.                   law enforcement authorities) associ-
                         (b) When Army absentees or deserters                  ated with the return of absentees or de-
                      are received from civil authorities in                   serters to their proper station are
                      CONUS, all military absentees, and de-                   chargeable to the Military Personnel,
                      serters, regardless of the military serv-                Army Appropriation. Commanders are
                      ice to which they belong, are trans-                     authorized to make charges against
                      ported at the same time.                                 these accounts for the transportation
                         (c) Unless there are specific arrange-                of escorts and the deserter and for pay-
                      ments among the military services, the                   ment of required or reimbursement

                                                                          14



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00014   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                      § 630.24

                      when the returnee is delivered to an in-                  § 630.24 Action on return to military
                      stallation or detained for military au-                        control.
                      thorities.                                                   (a) The military authority first re-
                        (6) The approving authority reviews                     ceiving or apprehending the absentee
                      paid travel and per diem vouchers for                     or deserter, or receiving word of their
                      efficiency, economy, and accuracy in                      detention by civilian authorities, im-
                      statements of travel performed. When                      mediately contacts the installation or
                      feasible, one-day return travel should                    area provost marshal and provides the
                      be used to reduce costs.                                  following data.
                        (b) Transportation expenses for use of                     (1) Name, grade, and social security
                      guards to return absentees or deserters                   number of the absentee.
                      to their proper station or to military                       (2) Date absence began and unit from
                      authorities are charged to the budget                     which absent.
                      activity account ‘‘Other Military Per-                       (3) Absentee, deserter, or escaped
                      sonnel Costs.’’                                           prisoner status.
                                                                                   (4) Date, place, and military unit or
                      Subpart E—Civilian Correctional or                        civilian agency where the person was
                              Medical Facilities                                apprehended, surrendered, or detained.
                                                                                   (5) Unit to which the absentee or de-
                      § 630.23   Military detainer.                             serter will be assigned or attached on
                                                                                return.
                        (a) Military detainer (see sample de-                      (b) When military law enforcement
                      tainer at Figure 630.1 of this part) must                 personnel are the first military author-
                      be placed when a soldier is being held                    ity receiving a report of an AWOL or
                      by civilian authorities and release of                    DFR person’s apprehension or sur-
                      the soldier is not imminent. The instal-                  render the following actions are also
                      lation commander or provost marshal                       taken:
                      may initiate a detainer. The purposes                        (1) Initiate an inquiry with the NCIC.
                      for filing a detainer are to—                             When the NCIC inquiry shows the indi-
                        (1) Officially inform civilian authori-                 vidual is wanted by civilian law au-
                      ties that any Army soldier is in their                    thorities for a criminal offense, imme-
                      custody and military authorities want                     diately contact the civilian agency.
                      to assume custody at release.                             Advise the civilian agency of the indi-
                        (2) Request military authorities be                     vidual’s location and where the return
                      kept advised on the status of actions                     to military control will be made. Place
                      taken by civilian authorities.                            the results in item 9 of DD Form 616
                        (3) Permit military authorities to                      and send it to the commander receiving
                      monitor the person’s military status                      the returnee. All Army returnees want-
                      while in civilian custody.                                ed for a criminal offense other than
                        (b) A detainer is canceled when the                     AWOL or desertion are reported to
                      person is released to military custody.                   Commander, U.S. Army Criminal In-
                        (c) If an AWOL or DFR individual is                     vestigation Command, ATTN: CICR–
                      being detained by civilian authorities                    ZA, 6010 6th Street, Fort Belvoir, VA
                      the military police                                       22060–5585 to ensure that military law
                        (1) Notify the proper installation                      enforcement investigations or criminal
                      commander or coordination authority                       charges are not pending.
                      at once that the individual—                                 (2) When the individual is not wanted
                        (i) Is being detained by civilian au-                   for a criminal offense, coordinate RMC
                      thorities on civil or criminal charges.                   with the appropriate military per-
                        (ii) Is committed to a civilian med-                    sonnel office and take action in para-
                      ical facility.                                            graph (c) of this section.
                        (2) Place a military detainer with the                     (c) Absentees and deserters being
                      civilian law enforcement agency and                       held temporarily by civilian authori-
                      inform the installation commander or                      ties are returned to military control as
                      coordinating authority of—                                soon as possible. Military authorities
                        (i) Changes or medical problems con-                    should strive to return absentees or de-
                      cerning the absentee.                                     serters to military control within 48
                        (ii) Probable length of detention by                    hours after being notified of their
                      civilian authorities.                                     whereabouts and impending release.

                                                                           15



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00015   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 630.25                                                              32 CFR Ch. V (7–1–00 Edition)

                      § 630.25   Civilian detention facilities.                   (b) A reward can be paid to an eligi-
                                                                                ble person or agency who apprehends
                        (a) When necessary, civilian deten-
                      tion facilities may be used to tempo-                     and detains an absentee or deserter
                      rarily detain absentees, deserters or es-                 until military authorities assume con-
                      caped military prisoners. Contracts                       trol. The finance and accounting offi-
                      providing for payment of actual costs                     cer designated by the MACOM com-
                      for detention may be made with state                      mander pays the claimant. If two or
                      or county jails that have been approved                   more eligible persons or agencies are
                      by the Bureau of Prisons. U.S. Depart-                    entitled to a reward, the payee may di-
                      ment of Justice information about ap-                     vide the payment among the partici-
                      proved facilities is available from the                   pants. Payment for an apprehension ef-
                      nearest U.S. Marshal’s office.                            fected jointly by an eligible and ineli-
                        (b) Contracts must contain standards                    gible person or agency may be claimed
                      of treatment of military prisoners per                    by the eligible person or agency. Ineli-
                      AR 190–47. The Federal Acquisition                        gible persons may not share in pay-
                      Regulation (FAR), The Federal Acqui-                      ments.
                      sition Supplement (FAS), and the                            (c) Payment of a reward to persons or
                      Army Procurement Procedure Supple-                        agencies is authorized as indicated
                      ment (APPS) govern these contracts.                       below:
                                                                                  (1) A reward for apprehension and de-
                      § 630.26 Costs of civilian detention fa-                  tention of an absentee or deserter until
                          cilities.                                             military authorities assume custody.
                        (a) Civilian authorities may be reim-                     (2) A reward for apprehension of an
                      bursed according to contracts for tem-                    absentee or deserter and subsequent de-
                      porary detention after military au-                       livery to a military installation with
                      thorities have assumed custody. It does                   facilities to receive and process absen-
                      authorize payment from the date fur-                      tees and deserters.
                      ther detention was requested. This does                     (d) The reward may not exceed the
                      not authorize payment for subsistence                     amount specified in the current defense
                      and detention for the same period for                     appropriation account for—
                      which a reward was authorized. This
                                                                                  (1) The apprehension and detention of
                      does not preclude payment of reward or
                                                                                absentees or deserters until military
                      reimbursement for reasonable expenses
                                                                                authorities take custody.
                      for periods before delivery to military
                      custody. Detained officers receiving                        (2) The apprehension and delivery to
                      basic allowance for substance (BAS)                       military authorities of absentees or de-
                      are charged the cost of substance.                        serters.
                        (b) Costs incurred by the Army for                        (e) A reward or reimbursement for
                      detention under an Army contract are                      expenses is not authorized for an
                      paid to the civilian facility. Any pay-                   Armed Service member. Federal gov-
                      ment to the Army by another Armed                         ernment employees, a lawyer on whose
                      Service must be by prior agreement be-                    advice an absentee or deserter surren-
                      tween the commanders concerned.                           ders, or when payment would violate
                                                                                public policy.
                       Subpart F—Payment of Rewards                             § 630.28   Reimbursement payments.
                           and Reimbursements
                                                                                  (a) Reimbursement payments to offi-
                      § 630.27   Rewards.                                       cial agencies is authorized when—
                        (a) Receipt of an authorized commu-                       (1) A reward has been offered.
                      nication, oral or written (for example                      (2) Reimbursement is requested in
                      DD Form 553 and entry into the NCIC)                      place of a reward.
                      from a military or Federal law enforce-                     (b) Reimbursement for reasonable
                      ment official or agency, requesting co-                   and actual expenses may be made to
                      operation in the apprehension or deliv-                   more than one eligible person or agen-
                      ery to military control of an absentee                    cy. However, total reimbursement for
                      or deserter wanted by the Armed                           the return of an absentee or deserter
                      Forces constitutes the basis for a re-                    may not exceed the amount authorized
                      ward.                                                     for reward.

                                                                           16



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00016   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                      § 630.32

                        (c) Dual payment (reward and reim-                        (b) Provost marshals assist in the de-
                      bursement) relating to one absentee or                    livery of a soldier to civilian authori-
                      deserter is prohibited.                                   ties per this regulation and applicable
                        (d) Official transportation and per-                    personnel management regulations. AR
                      sonal services payment are not made                       630–10, Chapter 7, provides personnel
                      for—                                                      management policies and procedures
                        (1) Transportation by official vehicle.                 on the surrender of soldiers to civilian
                        (2) Personal services of the claimant.                  authorities.
                        (3) Apprehension and detention not
                      followed by return to military custody.                   § 630.31   CONUS.
                                                                                  (a) Generally, provost marshal activ-
                      § 630.29   Documentation.
                                                                                ity is limited to ensuring that a mili-
                        (a) Payment of reward or reimburse-                     tary detainer is prepared and signed
                      ment for expenses is documented by                        when surrendering a soldier to civilian
                      processing Standard Form 1034 (Public                     law enforcement officials (see figure
                      Voucher for Purchase and Services                         630.1 of this part).
                      Other Than Personal). The following                         (b) There is no statutory authority
                      information must be provided on SF                        for a commander to deliver a soldier to
                      1034 or supporting documents:                             a bail bondsman or surety. The surety
                        (1) Name, social security number, and                   must coordinate with the installation
                      last duty station (DD Form 553 or DD                      Staff Judge Advocate and the Com-
                      Form 616) of the absentee.                                mander of the soldier prior to attempt-
                        (2) Date, place of arrest, and place of                 ing to apprehend the soldier. To pre-
                      return to military custody (DD Form                       serve peace and order on the installa-
                      616).                                                     tion, military police will accompany
                        (3) Signed statement by claimant                        the surety to observe the surety taking
                      that the agency qualifies for a reward                    custody of the soldier.
                      under paragraph (a), (b), or (c) of this
                      section.                                                  § 630.32   Responsibilities.
                        (4) Statement signed by military rep-                     (a) In foreign countries, the author-
                      resentative documenting either of the                     ity of U.S. military personnel to appre-
                      following:                                                hend, detain and deliver U.S. personal
                        (i) Delivery to a military installation                 to civil authorities of foreign countries
                      with facilities to receive and process                    is governed by the provisions of inter-
                      absentees and deserters.                                  national agreements. AR 27–50, and the
                        (ii) Military custody assumed at a                      laws of the host nation. The extent of
                      site other than a military installation                   the authority in a particular country is
                      or facility.                                              determined from directives published
                        (5) Army forms provided to claimants                    by the OCONUS MACOM Commander.
                      to support payment request.                                 (b) Chief, DAMO–ODL—(1) Coordi-
                        (b) When required, military pay                         nates approved requests for surrender
                      vouchers are prepared for absentees                       of the soldier with the civilian law en-
                      and deserters per AR 37–104–3, para-                      forcement agency or prosecuting attor-
                      graphs 80310, 80311, and 80313.                           ney’s office requesting surrender of the
                                                                                soldier. Transportation costs of the sol-
                      Subpart G—Surrender of Military                           dier from the point of debarkation are
                         Members to Civilian Law En-                            the responsibility of the requesting
                         forcement Officials                                    agency.
                                                                                  (2) Coordinates surrender of the sol-
                      § 630.30   Overview.                                      dier with the felony warrant or extra-
                        (a) This chapter establishes provost                    dition division of the civilian law en-
                      marshal procedures and responsibil-                       forcement agency or Federal law en-
                      ities for the surrender of soldiers to ci-                forcement agency at the point of debar-
                      vilian law enforcement authorities. It                    kation.
                      is the policy of the Department of the                      (3) Contacts the CONUS installation
                      Army to cooperate with civilian au-                       provost marshal with area of responsi-
                      thorities unless the best interest of the                 bility for assistance in the surrender of
                      Army will be prejudiced.                                  the soldier.

                                                                           17



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00017   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Pt. 630, App. A                                                       32 CFR Ch. V (7–1–00 Edition)

                        (c) MACOM Provost Marshal—(1) If                        ment of Defense publications are also avail-
                      requested by the General Court-Martial                    able from the National Technical Informa-
                      convening authority or designee, ar-                      tion Service, U.S. Department of Commerce,
                                                                                5285 Port Royal Road, Springfield, VA 21161;
                      ranges escort of the soldier to the point
                                                                                telephone (703) 487–4684.
                      of embarkation or debarkation in
                      CONUS.                                                                  Required Publications
                        (2) Notifies Chief, DAMO–ODL, of the                    AR 5–9—Intraservice Support Installation
                      departure date, time, flight number,                         Area Support Coordination (cited in
                      and the name of the individual(s) who                        § 630.4)
                      will escort the soldier, if applicable.                   AR 27–50—Status of Forces Policies Proce-
                        (d) CONUS Provost Marshal with                             dures and Information (Cited in § 630.19
                      area of responsibility—(1) Prepares a                        and § 630.30)
                      military detainer for the soldier to be                   AR 190–45—Military Police Law Enforcement
                                                                                   Reporting (Cited in § 630.7 and § 630.9)
                      surrendered.                                              AR 190–47—The United States Army Correc-
                        (2) Meets the aircraft, assists in the                     tional System (Cited in § 630.22 and
                      surrender of the soldier, and presents                       § 630.25)
                      the military detainer.                                    AR 630–10—Absence Without Leave, Deser-
                        (3) Provides a copy of the detainer                        tion, and Administration of Personnel in-
                      and attachment order to the com-                             volved in Civilian Court Proceedings
                      mander of the PCF or the unit to which                       (Cited in § 630.8 and § 630.30)
                                                                                Manual for Court-martial, United States
                      the solider will be attached.
                                                                                   (Cited in § 630.8)
                      FIGURE 630.1 OF PART 630—SAMPLE MILITARY                               Related Publications
                                       DETAINER
                                                                                  A related publication is merely a source of
                        I, (name of civilian representative) an offi-           additional information. The user does not
                      cial agent representing (name and address of              have to read it to understand this publica-
                      civilian jurisdiction), accept custody and                tion.
                      control of (grade, name, social security num-             AR 37–104–3—Military Pay and Allowance
                      ber), a U.S. Soldier, for trail on a charge                   Procedures: Joint Uniform Military Pay
                      (state offense(s)), I agree, on behalf of the ju-             System Army (JUMPS-A1RR)
                      risdiction named above, to inform the Com-                AR 55–355—Defense Traffic Management Reg-
                      mander, (installation address), of results of                 ulation
                      the judicial process and to return the solider
                      at no expense to the Army or the soldier to                              Prescribed Forms
                      said Army installation unless a place nearer
                                                                                DD Form 616—Report of Return of Absentee
                      the civilian jurisdiction is designed by De-
                                                                                   (Prescribed in § 630.4, § 630.14, § 630.15,
                      partment of the Army. The soldier will be re-
                                                                                   § 630.16, § 630.20, § 630.24 and § 630.29)
                      turned immediately on dismissal or other
                      disposition of charges facilitating return of                            Referenced Forms
                      the soldier. When disposition precludes im-
                      mediate return of the soldier following liti-             DA Form 2804—Crime Records Data Ref-
                      gation, I will furnish results of the judicial               erence
                      process and information concerning the ear-               DA Form 3975—Military Police Report
                      liest possible date the soldier might be re-              DA Form 3997—Military Police Desk Ref-
                      turned to Army control. I will also advise                   erence
                      the designated commander whenever the lo-                 DA Form 4833—Commander’s Report of Dis-
                      cation of incarceration of the soldier                       ciplinary or Administrative Action
                      changes or whether soldier is released on bail            DA Form 369—Police Record Check
                      or bond. I understand the above commander                 DA Form 460—Provisional Pass
                      will advise the civilian jurisdiction which I             DD Form 553—Deserter/Absentee Wanted by
                      represent if the soldier’s return to military                the Armed Forces
                      custody is no longer desired. I was furnished             SF 1034—Public Voucher for Purchases and
                      a copy of this agreement on (date).                          Services Other than Personal
                      (signature)
                                                                                  APPENDIX B TO PART 630—GLOSSARY
                      (position)
                      (name of jurisdiction)                                                      Abbreviations
                      (Address of jurisdiction)
                                                                                AAPS—Army Procurement Procedure Sup-
                      APPENDIX A TO PART 630—REFERENCES                            plement
                                                                                ARNG—Army National Guard
                        Publications and forms referenced in this               AWOL—absent without leave
                      part may be viewed at the Office of Provost               BAS—basic allowance for substance
                      Marshal at any Army installation. Depart-                 CG—commanding general

                                                                           18



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00018   Fmt 8010   Sfmt 8002   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                               Pt. 630, App. B
                      CONUS—Continental United States                           quits his or her post or proper duties without
                      DCSPER—Deputy Chief of Staff for Per-                     leave and with intent to remain away there-
                         sonnel                                                 from permanently is guilty of desertion.
                      DCSOPS—Deputy Chief of Staff for Oper-                      (b) Deserters are classified as defectors
                         ations and Plans                                       when they commit any of the following:
                      DFR—dropped from the rolls                                  (1) Have escaped to another country and
                      DIS—Defense Investigative Service                         are outside the jurisdiction and control of
                      DSN—Defense Systems Network                               the United States.
                      EMF—enlisted master file                                    (2) Are unwilling to return to the United
                      FAR—Federal Acquisition Regulation
                                                                                States.
                      FAS—Federal Acquisition Supplement
                      FBI—Federal Bureau of Investigation                         (3) Are of special value to another country.
                      MAC—Military Airlift Command                                (4) Have repudiated the United States when
                      MACOM—major Army command                                  beyond its jurisdiction or control.
                      NCIC—National Crime Information Center                      Deserter control officer—A commissioned of-
                      NLETS—National Law Enforcement Tele-                      ficer (normally a battalion or unit adjutant)
                         communication System                                   appointed in desertion cases to ensure that
                      OCONUS—outside Continental United States                  documentation on deserters dropped from
                      PCF—Personnel Control Facility                            the rolls is provided in a timely manner.
                      PERSCOM—U.S. Army Total Personnel                           Detainer—A written notice to civil authori-
                         Command                                                ties that a person in their custody is an ab-
                      PERSINSCOM—U.S. Army Personnel Infor-                     sentee of the Army or serving on active duty
                         mation Systems Command                                 with the Army and that military authorities
                      RMC—return to military control                            desire to take custody on release.
                      ROTC—Reserve Officer Training Course                        Dropped from the rolls of a unit—An admin-
                      TR—Transportation request                                 istrative action that drops an absentee from
                      UCMJ—Uniform Code of Military Justice                     the strength accountability of a unit.
                      USACIDC—U.S. Army Criminal Investiga-                       Dropped from strength—A strength account-
                         tion Command                                           ing procedure used to exclude personnel from
                      USACRC—U.S. Army Crime Records Center                     the operating strength of the Army.
                      USADIP—U.S. Army Deserter Information                       National Crime Information Center—A com-
                         Point                                                  puterized police information system estab-
                      USAEREC—U.S. Army Enlisted Records and                    lished by the Federal Bureau of Investiga-
                         Evaluation Center                                      tion to serve participating law enforcement
                      USAR—U.S. Army Reserve
                                                                                agencies.
                                             Terms                                Personal Assistance Point—Agencies of the
                                                                                U.S. Army Total Personnel Command lo-
                        Coordinating agent—A person within a staff              cated at aerial ports of embarkation or de-
                      agency of CONUS command or CONUS in-                      barkation to assist Army transient per-
                      stallation who is responsible for coordi-                 sonnel enroute to or returning from over-
                      nating and monitoring the absentee and de-                seas.
                      serter program.                                             Personnel Control Facility—An organization
                        Desertion—A violation of Article 85, UCMJ.              that processes absentees returned to mili-
                      It applies to any member of the Armed                     tary control from an unauthorized absence.
                      Forces who commits any of the following:                  These facilities ensure proper disposition of
                        (a) Not used.
                                                                                returnees.
                        (1) Without authority goes or remains ab-
                                                                                  Special category absentee—A soldier re-
                      sent from his or her unit, organization, or
                                                                                ported AWOL who had access to top secret
                      place of duty with intent to remain away
                                                                                information during the last 12 months or is
                      therefrom permanently.
                        (2) Quits his or her unit, organization, or             currently assigned to a special mission unit.
                      place of duty with intent to remain away                    Special mission unit—A unit assigned a mis-
                      therefrom permanently.                                    sion of such extraordinary sensitivity as to
                        (3) Without being regularly separated from              require specific management, oversight, and
                      one of the Armed Forces enlists or accepts                employment consideration.
                      an appointment in the same or another one                   Unavoidable absence—An unauthorized ab-
                      of the Armed Forces without fully disclosing              sence that happened through no fault of the
                      the fact that he or she has not been regularly            absentee and no fault of the Government.
                      separated, or enters any foreign Armed Serv-                Unit—An organization, agency, or activity.
                      ice except when authorized by the United                    Unit commander—The commander of an ab-
                      States. (This provision has been held not to              sentee’s or deserter’s unit of assignment or
                      state a separate offense by the United States             attachment.
                      Court of Military Appeals in United States v.               U.S. Army Deserter Information Point—The
                      Huff, 7 U.S.C.M.A. 247.22 C.M.R. 37 (1956).               focal point with the Army for controlling,
                        (4) Any commissioned officer of the Armed               verifying, accounting, and disseminating
                      Forces who, after tender of his or her res-               data on individuals administratively classi-
                      ignation and before notice of its acceptance,             fied as deserters.

                                                                           19



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00019   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Pt. 631                                                               32 CFR Ch. V (7–1–00 Edition)

                      PART 631—ARMED FORCES DIS-                                § 631.2 Applicability.
                        CIPLINARY CONTROL BOARDS                                   This regulation applies to the fol-
                        AND OFF-INSTALLATION MILI-                              lowing:
                        TARY ENFORCEMENT SERVICES                                  (a) Active US Armed Forces per-
                                                                                sonnel wherever they are stationed.
                                     Subpart A—General                          Commanders in oversea areas are au-
                                                                                thorized to deviate from the policy in
                      Sec.                                                      this regulation if required by local con-
                      631.1    Purpose.                                         ditions, treaties, agreements, and other
                      631.2    Applicability.                                   arrangements with foreign govern-
                      631.3    Supervision.
                                                                                ments and allied forces. Subparts C and
                      631.4    Exceptions.
                                                                                D are not applicable to the US Navy.
                         Subpart B—Armed Forces Disciplinary                       (b) Reserve personnel only when they
                                   Control Boards                               are performing Federal duties or en-
                                                                                gaging in any activity directly related
                      631.5    General.                                         to the performance of a Federal duty or
                      631.6    Responsibilities.                                function.
                      631.7    Composition of boards.                              (c) National Guard personnel only
                      631.8    Civil agencies.                                  when called or ordered to active duty
                      631.9    Duties and functions of boards.
                                                                                in Federal status.
                      631.10    Administration.
                      631.11    Off-limits establishments and areas.            § 631.3 Supervision.
                              Subpart C—Off-Installation Military                  (a) The following will jointly develop
                                   Enforcement Services                         and have staff supervision over AFDCB
                                                                                policies and the conduct of off-installa-
                      631.12 Objectives.                                        tion military enforcement activities:
                      631.13 Applicability.                                        (1) The Deputy Chief of Staff for Per-
                      631.14 Responsibilities.
                                                                                sonnel, Headquarters, Department of
                      631.15 Policy (for Army only).
                      631.16 Policy (for Navy only).
                                                                                the Army.
                      631.17 Policy (for Marine Corps only).                       (2) Chief of Naval Personnel (PERS–
                      631.18 Policy (for Air Force only).                       84).
                      631.19 Operations.                                           (3) Commandant of the Marine Corps.
                                                                                   (4) Chief of Security Police, Air
                      Subpart D—Joint Service Law Enforcement                   Force Office of Security Police, De-
                       Operations (Not Applicable to U.S. Navy)                 partment of the Air Force.
                                                                                   (5) Commandant of the Coast Guard.
                      631.20 Organization.                                         (b) The above will also be responsible
                      631.21 Joint law enforcement operations.
                                                                                to standardize AFDCB policies and pro-
                      APPENDIX A TO PART 631—CIVIL AGENCIES                     cedures as well as to coordinate and
                      APPENDIX B TO PART 631—ARMED FORCES DIS-                  maintain liaison with interested staff
                          CIPLINARY CONTROL BOARD PROCEDURES
                          GUIDE
                                                                                agencies and other military and civil
                                                                                agencies.
                        AUTHORITY: 10 U.S.C. 3012(b)(1)(g).
                        SOURCE: 47 FR 8350, Feb. 26, 1982, unless               § 631.4 Exceptions.
                      otherwise noted.                                             Requests for exceptions to policies
                                                                                contained in this regulation will be for-
                                  Subpart A—General                             warded     to   HQDA(DAPE–HRE–PO),
                                                                                WASH, DC 20310.
                      § 631.1     Purpose.
                        This regulation prescribes uniform                           Subpart B—Armed Forces
                      policies and procedures for the estab-                         Disciplinary Control Boards
                      lishment, operation, and coordination
                      of the following:                                         § 631.5 General.
                        (a) Armed Forces Disciplinary Con-                         (a) Armed Forces Disciplinary Con-
                      trol Boards (AFDCB).                                      trol Boards (AFDCBs) may be estab-
                        (b) Off-installation military enforce-                  lished by installation, base, or station
                      ment activities.                                          commanders. The mission of AFDCBs
                        (c) Joint law enforcement operations.                   is as follows:

                                                                           20



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00020   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                       § 631.6

                        (1) Advise and make recommenda-                        insure that off-limits restrictions are
                      tions to commanders on matters con-                      made known and applicable to all
                      cerning the elimination of crime or                      Armed Forces personnel who may fre-
                      other conditions which may negatively                    quent the area in question. These
                      affect the health, safety, morals, wel-                  would be off-limits restrictions ap-
                      fare, morale, or discipline of Armed                     proved and so declared by subordinate
                      Forces personnel.                                        sponsoring commanders.
                        (2) Insure the establishment and                         (7) Insure that subordinate com-
                      maintenance of the highest degree of                     manders assess the availability of drug
                      liaison and coordination between mili-                   abuse paraphernalia in the vicinity of
                      tary commands and appropriate civil                      DOD      installations    through      their
                      authorities.                                             AFDCBs in accordance with DOD Di-
                        (b) Where installations of two or                      rective 1010.4, Alcohol and Drug Abuse
                      more military Services are located or                    by DOD Personnel. Drug abuse para-
                      which are frequented by personnel of                     phernalia is defined as all equipment,
                      two or more Services, there will be                      products, and materials of any kind
                      joint Service participation in any                       that are used, intended for use, or de-
                      AFDCB. In such cases, the commander                      signed for use, in planting, propa-
                      of the Service with the greatest num-                    gating, cultivating, growing, har-
                      ber of troops will serve as the ‘‘spon-                  vesting, manufacturing, compounding,
                      soring commander’’ of the board. When                    converting, producing, processing, pre-
                      there is joint participation in AFDCBs,                  paring, testing, analyzing, packaging,
                      written agreements will be executed by                   repackaging, storing, containing, con-
                      the respective Service installation                      cealing, injecting, ingesting, inhaling,
                      commanders. These agreements will                        or otherwise introducing into the
                      designate the sponsoring commander                       human body a controlled substance in
                      and delineate the joint Service partici-                 violation of the Controlled Substances
                      pation.                                                  Act.
                                                                                 (b) In each AFDCB area, the com-
                      § 631.6 Responsibilities.                                mander of the installation with the
                         (a) Major Army commanders, Navy                       largest base population will be des-
                      commanders,       Marine    Corps   com-                 ignated the AFDCB sponsoring com-
                      manders, Air Force commanders, and                       manders. Sponsoring commanders will
                      Coast Guard commanders will—                             provide administrative support, as
                         (1) Monitor the establishment of and                  shown below, for the AFDCB programs.
                      participation in AFDCBs by subordi-                        (1) Promulgate implementing direc-
                      nate commands.                                           tives and call meetings of the board.
                         (2) Encourage subordinate com-                          (2) Provide a recorder for the board.
                      manders to participate in joint Service                    (3) Provide copies of the minutes of
                      boards where appropriate.                                the meetings of the board to—
                         (3) Resolve differences among subor-                    (i) Other Service commanders who
                      dinate commanders in regard to board                     provide board representatives.
                      areas of responsibility and the designa-                   (ii) BUPERS (for Navy only).
                      tion of sponsoring commanders.                             (iii) Other AFDCBs as appropriate.
                         (4) Evaluate board recommendations                      (4) Approve or disapprove the min-
                      and actions from subordinate spon-                       utes and recommendations of the board
                      soring commanders.                                       and make appropriate distribution, as
                         (5) Forward to HQDA (DAPE–HRE),                       required.
                      WASH, DC 20310, reports that require                       (5) Publish lists of ‘‘off-limits’’ estab-
                      Service headquarters action to accom-                    lishments and areas.
                      plish the following:                                       (6) Insure notification to the respon-
                         (i) Correct situations which would                    sible individuals of any unfavorable ac-
                      adversely affect the health, safety,                     tions being contemplated or taken re-
                      morals, welfare, morale, or discipline                   garding their establishments in accord-
                      of Armed Forces personnel.                               ance with appendix B.
                         (ii) Surface positive programs having                   (7) Distribute all pertinent informa-
                      widespread applicability.                                tion to the following:
                         (6) Insure procedures are established                   (i) All units within their jurisdic-
                      to notify the responsible individuals to                 tional area.

                                                                          21



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00021   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 631.7                                                               32 CFR Ch. V (7–1–00 Edition)

                        (ii) Units stationed in other areas                     cluded in the written agreements es-
                      whose personnel frequently visit their                    tablishing the boards.
                      jurisdictional area.                                        (c) Normally the sponsoring com-
                        (c) (For Army only). Commanders of                      mander will designate a member of his
                      Army installations depicted in Map 18,                    staff as the board President.
                      AR 5–9, are responsible for coordi-
                      nating activities of AFDCB in their                       § 631.8    Civil agencies.
                      areas. They may serve as sponsoring                         (a) Civil agencies or individuals may
                      commanders or participate as members                      be invited to board meetings as observ-
                      of Joint Service Boards. They may ap-                     ers or witnesses in jurisdictions where
                      prove the establishment of separate                       they have knowledge of problems in
                      AFDCB for Army installations within                       the board’s area of interest. These
                      their area when it is in the best inter-                  would be civil agencies or individuals
                      est of the Army to do so. Changes in                      concerned with law enforcement, pub-
                      AFDCB areas of responsibility may be                      lic health, welfare, consumer affairs,
                      approved by MACOMs of installations                       and the safeguarding of morals.
                      concerned.                                                  (b) Boards should be used to establish
                        (d) (For Army only). The Com-                           and maintain liaison between installa-
                      mander, US Army Health Services                           tions and civil agencies. A rec-
                      Command will—                                             ommended method is to mail an-
                        (1) Assure that subordinate com-                        nouncements and summaries of the re-
                      manders provide one of the following to                   sults of board meetings to appropriate
                      sit as a member of each established                       civil agencies. These agencies include,
                      board—                                                    but are not limited to, those found in
                        (i) A Medical Corps officer.                            appendix A.
                        (ii) A health and environment ori-
                      ented Medical Service Corps (MSC) of-                     § 631.9    Duties and functions of boards.
                      ficer of the Army Medical Department                        The AFDCBs will—
                      (AMEDD).                                                    (a) Meet in session as prescribed by
                        (2) Encourage subordinate com-                          the AFDCB Procedures Guide in appen-
                      manders to—                                               dix B.
                        (i) Maintain liaison with other gov-                      (b) Receive and take appropriate ac-
                      ernmental and civilian health agencies                    tion on reports of conditions in their
                      to detect unsafe or unhealthy condi-                      jurisdictional areas relating to any of
                      tions within the geographic area of                       the following:
                      each supported board.                                       (1) Lack of discipline.
                        (ii) Advise the board of conditions                       (2) Prostitution.
                      which adversely affect Armed Forces                         (3) Venereal disease.
                      personnel.                                                  (4) Liquor violations.
                                                                                  (5) Racial and other discriminatory
                      § 631.7   Composition of boards.
                                                                                practices.
                        (a) Each board shall, as a minimum,                       (6) Alcohol and drug abuse.
                      consist of representatives from the fol-                    (7) Drug abuse paraphernalia.
                      lowing functional areas:                                    (8) Disorder.
                        (1) Law enforcement.                                      (9) Illicit gambling.
                        (2) Legal.                                                (10) Unfair commercial or consumer
                        (3) Health and environment.                             practices.
                        (4) Public affairs.                                       (11) Other undesirable conditions
                        (5) Equal opportunity.                                  that may adversely affect members of
                        (6) Safety.                                             the military or their families.
                        (7) Chaplains.                                            (c) Report the following to all major
                        (8) Alcohol and drug abuse.                             commanders in the board’s area of ju-
                        (9) Personnel and community activi-                     risdiction:
                      ties.                                                       (1) Any conditions cited in paragraph
                        (b) Sponsoring commanders will de-                      (b) of this section.
                      termine, by position, which board                           (2) The board’s recommended action
                      members will be designated as voting                      as approved by the board’s sponsoring
                      members. Such designations will be in-                    commander.

                                                                           22



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00022   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                      § 631.11

                        (d) Conduct active liaison with appro-                  personnel to use, ride, visit, or enter
                      priate civil authorities on problems or                   during the period in which it may be
                      adverse conditions existing in the                        declared off-limits. As a matter of pol-
                      board’s area of interest.                                 icy, the change in ownership, manage-
                        (e) Make recommendations to com-                        ment, or name of any off-limits estab-
                      manders in the board’s area of jurisdic-                  lishment does not, in and of itself, re-
                      tion concerning off-installation proce-                   voke the off-limits restriction.
                      dures to prevent or control undesirable                     (b) The establishment of off-limits
                      conditions.                                               areas is a function of command. It may
                                                                                be used by commanders to help main-
                      § 631.10 Administration.                                  tain good discipline and an appropriate
                         (a) Commanders are authorized to ac-                   level of good health, morale, safety,
                      quire, report, process, and store infor-                  morals, and welfare of Armed Forces
                      mation concerning persons and organi-                     personnel. Off-limits action is also used
                      zations, whether or not affiliated with                   to preclude Armed Forces personnel
                      the Department of Defense (DOD) (AR                       from being exposed to crime conducive
                      380–13), which:                                           conditions or from becoming the vic-
                         (1) Adversely affects the health, mor-                 tims of crimes. Where sufficient cause
                      als, welfare, morale, or discipline of                    exists, commanders retain substantial
                      Armed Forces personnel regardless of                      discretion to declare establishments or
                      status.                                                   areas temporarily off-limits to per-
                         (2) Describes crime conducive condi-                   sonnel or their respective command in
                      tions of which Armed Forces personnel                     emergency situations. Temporary off-
                      may become victims.                                       limits restrictions issued by com-
                         (b) Information described in para-                     manders in an emergency situation
                      graph (a) of this section may be filed                    will be acted upon by the AFDCB on a
                      by organization; however, it will not be                  priority basis.
                      retrievable on the basis of individual                      (c) Armed Forces personnel are pro-
                      personal identification date, e.g., SSN,                  hibited from entering establishments
                      name, or address. The information                         or areas declared off-limits in accord-
                      should be retained only as long as the                    ance with this regulation. Violations
                      described conditions or threat to the                     may subject the individual to discipli-
                      welfare of Armed Forces personnel con-                    nary action under the Uniform Code of
                      tinues to exist.                                          Military Justice (UCMJ). As general
                         (c) Boards will function under the su-                 policy, these establishments will not be
                      pervision of a president.                                 visited by military law enforcement
                         (d) Certain expenses incurred by                       personnel unless circumstances war-
                      Service members in the course of an                       rant.
                      offical board investigation or inspec-                      (d) Prior to initiating routine off-
                      tion may be reimbursable. This would                      limits action, installation commanders
                      be done in accordance with appropriate                    will attempt to correct, through con-
                      Service finance regulations or instruc-                   tact with local civilian leaders, any ad-
                      tions. These requests should be sub-                      verse condition or situation. If these
                      mitted to the sponsoring Service fi-                      actions are unsuccessful, commanders
                      nance office and charged to the appro-                    will submit reports, requesting off-lim-
                      priate law enforcement account. (For                      its action, to the AFDCB serving their
                      the Army, this account is the T6 ac-                      area.
                      count.)                                                     (e) The AFDCB, prior to recom-
                         (e) Records of board proceedings will                  mending off-limits restriction, will
                      be maintained as prescribed by records                    send written notice of the alleged ad-
                      management policies and procedures                        verse condition or situation, by cer-
                      for the Service of the sponsoring com-                    tified mail with return receipt re-
                      mander.                                                   quested, to the individual or firm re-
                                                                                sponsible for the alleged condition or
                      § 631.11 Off-limits establishments and                    situation. In this notice, the AFDCB
                           areas.                                               will offer a reasonable time to correct
                         (a) An off-limits area is defined as any               the condition or situation and provide
                      vehicle, conveyance, place, structure,                    the individual or a designated rep-
                      building, or area prohibited to military                  resentative with the opportunity to

                                                                           23



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00023   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 631.12                                                              32 CFR Ch. V (7–1–00 Edition)

                      present any relevant information to                       and deserters wanted by the Armed
                      the board. (See sample letter at annex                    Forces.
                      A to App B.) If subsequent investiga-                       (f) Maintain good community rela-
                      tion reveals a failure by the responsible                 tions.
                      person to take corrective action, the                       (g) Assist in the return of military
                      board should recommend the imposi-                        members detained by civil authorities
                      tion of the off-limits restriction.                       to military control.
                        (f) A specified time limit will not be
                      established when an off-limits restric-                   § 631.13 Applicability.
                      tion is invoked. The adequacy of the                         This chapter applies to off-installa-
                      corrective action taken by the propri-                    tion enforcement activities. It does not
                      etor of the establishment will be the                     apply to the activities of AFDCBs
                      determining factor in removing an off-                    which were discussed in subpart B. It is
                      limits restriction.                                       not applicable to the U.S. Navy.
                        (g) A person whose establishment or
                      area has been declared off-limits may,                    § 631.14 Responsibilities.
                      at any time, petition the president of                       (a) Commanders of military installa-
                      the board for removal of the off-limits                   tions will recognize the responsibility
                      restriction. The petition will be in                      of civil authorities for the mainte-
                      writing. It should state, in detail, the                  nance of peace and order in those areas
                      action taken to eliminate the adverse                     not under military jurisdiction or con-
                      conditions or situations that caused                      trol. They should—
                      the imposition of the restriction. In re-                    (1) Conduct off-installation law en-
                      sponse to the petition, the President of                  forcement in accordance with applica-
                      the AFDCB may cause a thorough in-                        ble Service policies and procedures.
                      vestigation to be made of the status of                      (2) Coordinate the liaison functions
                      these adverse conditions or situations.                   to accomplish the objectives outlined
                      A report of the results of the investiga-                 in paragraph 3–1.
                      tion would be presented to the board.
                      The board then will either recommend                      § 631.15 Policy (for Army only).
                      removal or continuation of the off-lim-                      (a) Within CONUS. (1) Normally, off-
                      its restriction to the local sponsoring                   post patrols will not be established in
                      commander.                                                CONUS.       However,    MACOM      com-
                        (h) Off-limits procedures to be fol-                    manders may authorize military police
                      lowed by the boards are in appendix B.                    to establish off-installation patrols if
                      In the United States, off-limits signs                    needed—
                      will not be posted on civilian establish-                    (i) In conjunction with military oper-
                      ments by US military authorities.                         ations.
                                                                                   (ii) To safeguard the health and wel-
                      Subpart C—Off-Installation Military                       fare of Army personnel.
                           Enforcement Services                                    (iii) When the type of offenses or the
                                                                                number of military personnel fre-
                      § 631.12 Objectives.                                      quenting an area is large enough to
                         The primary objectives of off-instal-                  warrant such patrols.
                      lation enforcement are to—                                   (2) In view of the important legal im-
                         (a) Render assistance and informa-                     plications involved (see 18 U.S.C. 1385,
                      tion to Armed Forces personnel.                           the Posse Comitatus Act), the advice of
                         (b) Reduce the incidence of off-instal-                the local Staff Judge Advocate should
                      lation military offenses committed by                     be sought prior to the implementation
                      Armed Forces personnel.                                   of such an authorization. When pos-
                         (c) Enforce the UCMJ and other per-                    sible, MACOM commanders will exe-
                      tinent regulations, directives, and or-                   cute a mutually acceptable written
                      ders among persons subject to the                         agreement with the civil police au-
                      UCMJ.                                                     thorities.
                         (d) Maintain effective liaison and co-                    (b) OCONUS. Off-post patrols will be
                      operation with civil law enforcement                      kept at a minimum for mission accom-
                      and judicial agencies.                                    plishment. Commanders of MACOMs
                         (e) Enhance apprehension efforts and                   may authorize off-post patrols as re-
                      return to military control absentees                      quired by local conditions and customs

                                                                           24



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00024   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                       § 631.17

                      as long as these patrols are in accord-                   not directly from police officers on the
                      ance with applicable treaties and Sta-                    scene of an incident.
                      tus of Forces Agreements.
                        (c) Military police personnel selected                  § 631.17 Policy        (for    Marine        Corps
                      for off-post patrols must be experi-                          only).
                      enced in law enforcement and have ma-                       (a) Within CONUS. (1) Normally, off-
                      ture judgment. They must be thor-                         installation patrols will not be estab-
                      oughly familiar with all applicable                       lished in CONUS. However, installation
                      agreements and implementing stand-                        commanders may request authority
                      ard operating procedures. They must                       from HQMC (Code MPH) to establish
                      understand the implications of the                        off-installation patrols if needed.
                      Posse Comitatus Act as it pertains to                       (i) In conjunction with military oper-
                      military law enforcement personnel as-                    ations.
                      sisting local law enforcement agencies.
                                                                                  (ii) To safeguard the health and wel-
                        (d) At a minimum, instructions to
                                                                                fare of Marine personnel.
                      military police assigned to off-post pa-
                      trols will specifically state that if they                  (iii) When the type of offenses or the
                      accompany civil police, they will do so                   number of military personnel fre-
                      for the sole purpose of enforcing the                     quenting an area is large enough to
                      UCMJ among persons subject to the                         warrant such patrols.
                      code. Their instructions will also spe-                     (2) In view of the important legal im-
                      cifically state that they are under the                   plications involved (see 18 U.S.C. 1382,
                      command and directly responsible to                       the Posse Comitatus Act as made ap-
                      their military superiors and that they                    plicable to DoN) the advice of the local
                      exercise no authority over the civil po-                  staff    judge    advocate/legal    officer
                      lice or the civil populace. Accordingly,                  should be sought prior to the imple-
                      military police should be instructed                      mentation of such an authorization.
                      that they are not to exercise any au-                     When      possible,   installation    com-
                      thority in a case of misconduct or ap-                    manders will execute a mutually ac-
                      parent law violation unless the person                    ceptable written agreement with the
                      concerned has been identified as a                        civil police authorities.
                      member of the military service. How-                        (b) Overseas Areas. Off-installation
                      ever, military law enforcement per-                       patrols will be kept at minimum for
                      sonnel may come to the aid of civil po-                   mission accomplishment. Commanders
                      lice in order to prevent the commission                   of installations may authorize off-in-
                      of a felony or injury to a civilian police                stallation patrols as required by local
                      officer.                                                  conditions and customs as long as
                                                                                these patrols are in accordance with
                      § 631.16 Policy (for Navy only).                          applicable treaties and Status of
                         (a) Off-base law enforcement activi-                   Forces Agreements.
                      ties by naval personnel (CONUS and                          (c) Personnel selected for off-installa-
                      Hawaii) shall be limited to liaison                       tion patrols must be experienced in law
                      functions with civilian law enforce-                      enforcement and have mature judg-
                      ment agencies and courts and to the                       ment. They must be thoroughly famil-
                      acceptance of ‘‘courtesy turnovers.’’                     iar with all applicable agreements and
                         (b) The court liaison function is lim-                 implementing standard operating pro-
                      ited to the provision of an official Navy                 cedures. They must understand the im-
                      point of contact for the courts, to the                   plications of the Posse Comitatus Act
                      provision of advice for individuals and                   as it pertains to military law enforce-
                      local commands, and to court appear-                      ment personnel assisting local law en-
                      ance with individuals from deployed                       forcement agencies.
                      commands.                                                   (d) At a minimum, instructions to
                         (c) Courtesy turnovers will be limited                 military police assigned to off-installa-
                      to those persons whose behavior and                       tion patrols will specifically state that
                      attitude are acceptable and who desire                    if they accompany civil police, they
                      to be returned to the custody of their                    will do so for the sole purpose of en-
                      parent command.                                           forcing the UCMJ among persons sub-
                         (d) Courtesy turnovers will be accept-                 ject to the code. Their instructions will
                      ed from jails, police stations, etc., but                 also specifically state that they are

                                                                           25



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00025   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 631.18                                                              32 CFR Ch. V (7–1–00 Edition)

                      under the command and directly re-                          (c) Off-installation enforcement oper-
                      sponsible to their military superiors                     ations may include the following ac-
                      and that they exercise no authority                       tivities:
                      over the civil police or the civil popu-                    (1) Town patrol.
                      lace.                                                       (2) Town military police.
                      Accordingly, military police should be                      (3) Air Force Security Police patrols
                      instructed that they are not to exercise                  and stations.
                      any authority in a case of misconduct                       (4) Civil police and civil court liaison.
                      or apparent law violation unless the                        (5) Public carrier and civilian trans-
                      person concerned has been identified as                   portation terminal patrols.
                      a member of the military service. How-                      (6) Acceptance of active duty absen-
                      ever, military law enforcement per-                       tee or deserter military personnel
                      sonnel may come to the aid of civil po-                   turned over to Service police by civil-
                      lice in order to prevent the commission                   ian authorities.
                      of a felony or injury to a civilian police                  (7) Other activities deemed nec-
                      officer.                                                  essary, provided each activity is within
                        (e) Absentee and deserter collection                    the scope of military purpose and au-
                      units to accept active duty absentee or                   thority.
                      deserter military personnel from civil-                     (d) Activities in c above will be per-
                      ian authorities may be established.                       formed according to the Service poli-
                        (f) Civil police and civil court liaison                cies in §§ 631.15 through 631.17. They
                      may be established.                                       will be based on the need and the fiscal
                        (g) Installation commanders are au-                     and manpower restraints imposed by
                      thorized to establish other activities                    each Service. If practical, mutual
                      deemed necessary, provided each activ-                    agreements between two or more Serv-
                      ity is within the scope of military pur-                  ices may be made to facilitate the con-
                      pose and authority, i.e., apprehensions                   duct of joint Service off-installation
                      where authorized by UCMJ, courtesy                        enforcement services and absentee ap-
                      patrols, etc.                                             prehension functions.
                                                                                  (e) Armed Forces law enforcement
                      § 631.18   Policy (for Air Force only).                   personnel will—
                        See section B, AFR 125–19, for Air                        (1) Act under the command of, and be
                      Force policy on off-installation pa-                      responsible to, military superiors and
                      trols.                                                    will not be placed under the control of
                                                                                civil authorities.
                      § 631.19   Operations.                                      (2) Exercise authority over civil law
                        (a) In CONUS, incidents occurring                       enforcement agencies or persons not
                      off-installation normally are inves-                      subject to the UCMJ only when they
                      tigated by civil law enforcement agen-                    are on a military installation.
                      cies. These include State, county, or                       (3) Be authorized to apprehend per-
                      municipal authorities or a Federal in-                    sons subject to the UCMJ when there
                      vestigative agency. When an incident                      exists a reasonable belief that an of-
                      of substantial interest to the U.S.                       fense under the code has been com-
                      Army occurs off-installation, the                         mitted and that the person to be appre-
                      Armed Forces law enforcement organi-                      hended committed the offense. Civil-
                      zation exercising area responsibility                     ians committing offenses on US mili-
                      will obtain copies of the civil law en-                   tary installations may be detained for
                      forcement report. These are incidents                     the appropriate Federal, State, or local
                      that involve Army property or per-                        law enforcement agency.
                      sonnel. The civil law enforcement re-                       (4) Return apprehended persons to
                      port would be processed according to                      representatives of their respective
                      applicable Service regulations.                           Services as soon as practicable.
                        (b) In oversea areas, off-installation                    (5) Process all reports received from
                      incidents will be investigated in ac-                     other law enforcement agencies con-
                      cordance with Status of Forces agree-                     cerning crimes committed by military
                      ments and other appropriate U.S.-host                     personnel, involving military property,
                      country agreements.                                       or in which DOD has an interest.

                                                                           26



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00026   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                             Pt. 631, App. A

                      Subpart D—Joint Service Law En-                            (2) Maintain liaison with civilian en-
                         forcement Operations (Not                             forcement and judicial agencies.
                         Applicable to U.S. Navy)                                (3) Have the capability to receive
                                                                               military personnel apprehended by ci-
                      § 631.20 Organization.                                   vilian authorities.
                         In localities frequented by personnel                   (d) Duty assignments. Personnel as-
                      of more than one Service, installation                   signed to perform joint operations may
                      commanders may consider the estab-                       be further assigned to perform duties
                      lishment of joint law enforcement op-                    in any of the following functional
                      erations. Such operations may provide                    areas:
                      a more effective and economical ac-                        (1) Police station operation (desk ser-
                      complishment of off-installation law                     geants, desk clerks, radio operators,
                      enforcement. When such operations are                    etc.).
                      established, participating installation                    (2) Motor patrols necessary to con-
                      commanders will—                                         duct police and court liaison and to
                         (a) Execute written agreements con-                   transport military personnel from the
                      cerning the operations.                                  local civilian police.
                         (b) Insure that each participating or-                  (3) Operations.
                      ganization contributes its propor-                         (4) Administration.
                      tionate share of personnel, equipment,
                      and supporting facilities.                                    APPENDIX A TO PART 631—CIVIL
                                                                                             AGENCIES
                      § 631.21 Joint law enforcement oper-
                           ations.                                               A–1. American Social Health Association.
                                                                                 The American Social Health Association,
                         The following procedures will apply                   upon request, provides information and con-
                      when establishing joint law enforce-                     sultation in the fields of venereal disease and
                      ment operations:                                         drug abuse. Local AFDCBs desiring informa-
                         (a) Personnel. Enlisted personnel se-                 tion should apply through one of the fol-
                      lected for joint law enforcement duty                    lowing regional offices of the association:
                      should meet the following qualifica-                     Eastern Regional Director, 86 Farmington
                      tions:                                                     Ave., Hartford, CT 06105
                         (1) Be temperamentally suited for po-                 Middle America Regional Director, 110 North
                      lice duty and received training or have                    High Street, Gahanna, OH 43230
                                                                               Southern Regional Director, 173 Walton
                      experience in law enforcement.                             Street, NW., Atlanta, GA 30303
                         (2) Be 19 years of age or older.                      Western Regional Director, 785 Market
                         (3) Have no record of court-martial                     Street, Rm. 1010, San Francisco, CA 94103
                      convictions or civilian offenses other                     A–2. United States Brewers Association.
                      than minor traffic violations.                             a. The United States Brewers Association
                         (4) Be at least 5 feet 4 inches tall.                 is the trade and public relations agency of
                         (5) Meet General Classification Test                  the organized brewing industry in the United
                      (GCT) (or equivalent test) score re-                     States. Upon request, it will assist military
                      quirements of the parent Service for                     authorities within CONUS to eliminate con-
                      assignment to police duty.                               ditions detrimental to the health, morals,
                         (6) Possess a military motor vehicle                  and welfare of members of the Armed Forces
                      operators license.                                       in the cities and communities adjacent to
                                                                               military installations.
                         (7) Have at least 12 months remaining
                                                                                 b. This association conducts an Armed
                      on current enlistment.                                   Forces cooperation program to further ‘‘self-
                         (b) Logistics. Personnel assigned to                  regulation’’ activities among beer dealers. It
                      joint patrols will be equipped as pre-                   cooperates with State and local law enforce-
                      scribed by their respective Service reg-                 ment officials in the promotion and mainte-
                      ulations or directives to include the                    nance of proper conditions in retail beer out-
                      symbol of their law enforcement au-                      lets throughout the country. Its services are
                      thority (badge or brassard).                             available to AFDCBs for furthering joint ac-
                         (c) Functions. Joint law enforcement                  tion in the promotion of law observance and
                                                                               the maintenance of conditions of cleanliness
                      operations will perform, at a min-                       and decency in retail beer outlets patronized
                      imum, the following functions:                           by members of the Armed Forces.
                         (1) Provide assistance to all Armed                     c. Local sponsoring commanders request-
                      Forces personnel who are charged with                    ing the assistance of the Brewers Association
                      civil violations.                                        may apply to the Director of Field Services,

                                                                          27



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00027   Fmt 8010   Sfmt 8002   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Pt. 631, App. B                                                       32 CFR Ch. V (7–1–00 Edition)
                      US Brewers Association, Inc., 1750 K Street                 B–4. Attendance of observers or witnesses.
                      NW., Washington DC 20006.                                   a. Representatives of the agencies listed
                        A–3. The National Environmental Health As-              below may be invited to attend as observers
                      sociation.                                                or witnesses.
                        The National Environmental Health Asso-                   (1) American Social Health Association.
                      ciation is a professional organization rep-                 (2) United States Brewers Association.
                      resenting various sanitary and environ-                     (3) Federal Bureau of Investigation.
                      mental control groups. It provides informa-                 (4) United States Attorneys.
                      tion and consultation on solid waste man-                   (5) State and local police.
                      agement, air and water pollution, and other                 (6) State and local departments of health.
                      environmental health matters. Military                      (7) State and local VD control officers.
                      members of the association belong to the                    (8) State alcoholic beverage control au-
                      Uniform Services Association of Sanitarians.              thorities.
                      All requests for assistance should be directed              (9) State and local prosecutors.
                      to the military association at the national                 (10) Consumer affairs personnel.
                      association headquarters, 1600 Pennsylvania                 (11) State and local narcotics investigative
                      Ave., Denver, Colorado 80293.                             agencies.
                        A–4. The Federal Trade Commission.                        (12) Immigration and Naturalization Serv-
                        The Federal Trade Commission was estab-                 ice.
                      lished in 1914 and is the principal agency of               (13) Members of Judiciary directly con-
                      the Government responsible for preventing                 cerned with law enforcement.
                      deceptive acts and practices in commerce.                   (14) Drug Enforcement Administration.
                      The Commission strives to keep competition                  (15) Bureau of Alcohol, Tobacco, and Fire-
                      fair and free from deceptive advertisement of             arms.
                      food, drugs, cosmetics, therapeutic devices,                (16) US Customs Service.
                      catalog sales, and credit card purchases. It                (17) Chamber of Commerce.
                      strives to protect consumers against the cir-               (18) Better Business Bureau.
                      culation of inaccurate or obsolete credit re-               (19) State license beverage association.
                      ports. Consumer Protection Specialists are                  (20) National Institute of Drug Abuse and
                      located at the national and regional offices              National Institute on Alcohol Abuse and Al-
                      to render assistance. Regional offices are lo-            coholism.
                      cated in major metropolitan areas and fre-                  (21) Adult probation department/social
                      quently conduct investigations of acts pecu-              services.
                      liar to local communities. Inquiries should                 (22) Any other representation deemed ap-
                      be made to the regional offices.                          propriate by the sponsoring command, i.e.,
                                                                                news media, union representatives, and so
                      APPENDIX B TO PART 631—ARMED                              forth.
                         FORCES   DISCIPLINARY  CONTROL                           b. Witnesses and observers will be listed in
                         BOARD PROCEDURES GUIDE                                 the minutes of the meeting if invited by the
                                                                                board to participate in that capacity.
                        B–1. General. This guide prescribes proce-                c. Board action may be recommended by a
                      dures for the establishment, operation, and               majority vote of the voting members present
                      coordination of Armed Forces Disciplinary                 at a regular or special board meeting.
                      Control Boards (AFDCBs). It is intended to                  B–5. Appropriate areas for board consider-
                      insure uniformity of operation. AFDCB pro-                ation.
                      ceedings are not considered to be adversary                 a. Boards will study and take appropriate
                      in nature.                                                action in connection with all conditions det-
                        B–2. Meetings.                                          rimental to the good discipline, health, mor-
                        a. Regular meetings will be held once each              als, welfare, safety, and morale of Armed
                      quarter or as designated by the president.                Forces personnel. This will include, but not
                      The sponsoring commander may specify                      be limited to, the following:
                      whether the meetings, as scheduled, will be                 (1) Crime and misconduct.
                      open or closed. If not specified, the decision              (2) Narcotics, marihuana, dangerous drugs,
                      is within the discretion of the president of              and drug abuse paraphernalia.
                      the board. Normally, proceedings are closed,                (3) Liquor violations.
                      but may be opened to the public when cir-                   (4) Excessive number of unauthorized ab-
                      cumstances warrant.                                       sences.
                        b. Special meetings may be called by the                  (5) Gambling (when in violation of State or
                      president of the board. Except by unanimous               local law).
                      consent of members present, final action will               (6) Military and civilian relationships that
                      be taken only on the business for which the               may be detrimental to service personnel.
                      meeting was called.                                         (7) Unsanitary and other adverse condi-
                        B–3. AFDCB composition.                                 tions in establishments frequented by Armed
                        a. Voting members will be selected accord-              Forces personnel.
                      ing to paragraph 2–3 of this regulation.                    (8) Off-installation/base safety problems.
                        b. A majority of voting members con-                      (9) Unethical or illegal business practices.
                      stitutes a quorum for board proceedings.                    (10) Prostitution and venereal disease.

                                                                           28



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00028   Fmt 8010   Sfmt 8002   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                               Pt. 631, App. B
                        (11) Discriminatory practices.                          ters directly to the proprietors when any off-
                        (12) Other health hazards.                              limits action is being considered. If a propri-
                        b. The board will immediately forward to                etor takes remedial action to correct unde-
                      the local commander concerned the cir-                    sirable conditions previously noted, the
                      cumstances reported to the board involving                board should send a letter of appreciation
                      discrimination based on race, color, sex, reli-           (annex B). Any correspondence with the indi-
                      gion, age, or national origin.                            viduals responsible for adverse conditions
                        B–6. Off-limits procedures.                             leading to off-limits action will be by cer-
                        a. Off-limits restrictions should be invoked            tified mail.
                      only when there is substantive information                  f. If the undesirable conditions are not cor-
                      indicating that an establishment or area fre-             rected, an invitation (annex C) will be writ-
                      quented by Armed Forces personnel presents                ten to the proprietor. This letter will invite
                      conditions which adversely affect the health,             the proprietor to appear before the board to
                      safety, welfare, morale, or morals of such                explain why the establishment should not be
                      personnel. It is essential that boards do not             placed off-limits. The proprietor may des-
                      act arbitrarily; actions must not be of a pu-             ignate, in writing, individual(s) to represent
                      nitive nature. Boards should work in close                him or her at the board.
                      cooperation with local officials and propri-                g. In cases where proprietors have been in-
                      etors of business establishments and seek to              vited to appear before the board, the presi-
                      accomplish their mission through mutually                 dent of the board will perform the following
                      cooperative efforts. Boards should encourage              actions:
                      personal visits by local military and civilian              (1) Prior to calling the proprietor—
                      enforcement or health officials to establish-               (a) Review the findings and decision of the
                      ments considered below standard. AFDCBs                   previous meeting.
                      should point out unhealthy conditions or un-                (b) Call for inspection reports.
                      desirable practices to establishment owners                 (c) Afford an opportunity to those present
                      or operators in order to produce the desired              to ask questions and discuss the case.
                      corrective action.                                          (2) When the proprietor and/or his or her
                        b. Prior to initiating routine off-limits ac-           counsel is called before the board—
                      tion, the local commander will attempt to                   (a) Present the proprietor with a brief sum-
                      correct any situation which adversely affects             mary of the complaint concerning his or her
                      the welfare of Armed Forces personnel. This               establishment.
                      will be done through contact with commu-                    (b) Afford the proprietor an opportunity to
                      nity leaders.                                             present matters in defense of the allegation.
                        c. Unless emergency conditions exist which                (c) Offer those present an opportunity to
                      are extremely harmful to Armed Forces per-                question the proprietor. After the ques-
                      sonnel, an establishment will not be rec-                 tioning period, provide the proprietor a final
                      ommended for off-limits action until the pro-             opportunity to make an additional state-
                      prietor has been—                                         ment or to make commitments concerning
                        (1) Notified in writing of the adverse condi-           his or her willingness to cooperate.
                      tion/circumstances.                                         (3) After excusing the proprietor from the
                        (2) Given an opportunity to be heard and a              meeting, the president and board will discuss
                      reasonable time in which to correct defi-                 suggestions and recommendations for dis-
                      ciencies.                                                 position of the case in closed session.
                        d. If the board decides to attempt to inves-              h. No member of a board shall reprimand
                      tigate or inspect an establishment, the presi-            or admonish in any degree a person appear-
                      dent or a designee will prepare and submit a              ing before a board. Board members do not
                      report of findings and recommendations at                 have jurisdiction over such individuals. Off-
                      the next meeting. This will insure complete               limits actions are designed solely for the
                      and documented information concerning                     protection of Armed Forces personnel and
                      doubtful adverse conditions.                              are used as a last resort when all other
                        e. When the board concludes that condi-                 means have failed.
                      tions adverse to Armed Forces personnel do                  i. The board should recommend that the of-
                      exist, the owner or manager will be sent a                fending establishment be placed off-limits
                      letter of notification (annex A). This letter             only after the following:
                      will advise him or her to raise standards and               (1) The letter of notification (annex A) has
                      that, if such conditions or practices con-                been sent.
                      tinue, off-limits proceedings will be initi-                (2) An opportunity to appear before the
                      ated. In cases involving discrimination, the              board has been extended.
                      board should not rely solely on letters writ-               (3) Further investigation indicates that
                      ten by the Equal Opportunity Office and                   improvements have not been made.
                      Military Affairs Committee or investigations                j. The minutes will indicate a board’s ac-
                      of alleged racial discrimination. The AFDCB               tion in disposing of each case. When a rec-
                      should send letters to the proprietor, inform-            ommendation is made that an establishment
                      ing him or her that off-limits action is being            be placed off-limits, the minutes will show
                      considered and inviting him or her to the                 the procedural steps followed in reaching the
                      next board meeting. Boards should send let-               decision.

                                                                           29



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00029   Fmt 8010   Sfmt 8002   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Pt. 631, App. B                                                       32 CFR Ch. V (7–1–00 Edition)
                        k. Recommendations of the board will be                   (1) Discuss the matter at the next meeting
                      submitted to the sponsoring commander for                 and make an appropriate recommendation.
                      consideration. The recommendations will                     (2) Forward recommendation for removal
                      then be forwarded to the other installation               of off-limits restriction to the sponsoring
                      commanders who furnish board representa-                  commander. If the recommendation is ap-
                      tion (annex D). If no objection to the rec-               proved, dispatch a letter of removal of off-
                      ommendations is received within 10 days, the              limits (annex G or H).
                      sponsoring commander will either approve or                 (3) Record what action was taken in the
                      disapprove the recommendations. He will                   minutes of the board meeting.
                      then forward this decision to the board presi-              B–8. Duties of the president of the board.
                      dent.                                                       The president of the board will—
                        l. Upon approval of the board’s rec-                      a. Schedule and preside at all meetings of
                      ommendations, the president will dispatch a               the board and sign appropriate correspond-
                      declaration that the off-limits restriction               ence.
                      has been imposed (annex E).                                 b. Prepare an agenda prior to each regular
                        m. No definite time limit should be speci-              meeting and insure its distribution to each
                      fied when an off-limits restriction is in-                voting member at least 7 days prior to the
                      voked. The adequacy of the corrective action              meeting.
                      taken by the proprietor of the establishment                c. Be responsible for the preparation and
                                                                                distribution of the minutes of all meetings
                      must be the determining factor in removing
                                                                                and for maintenance of appropriate records
                      an off-limits restriction.
                                                                                and files pertaining to AFDCB activities.
                        n. Military commanders have no authority
                                                                                (See para. 2–6e.)
                      to post off-limits signs on private property.
                                                                                  d. Inform members of any special meeting
                      Appropriate civil officials may post private              and its purpose as far in advance as possible.
                      property when informed by military authori-                 e. Prepare and distribute to major com-
                      ties that an establishment or area has been               mands a copy of the minutes of each meet-
                      declared off-limits to Armed Forces per-                  ing.
                      sonnel.                                                     f. Supervise the recorder in performance of
                        o. Emergency off-limits action: In emer-                all administrative duties as required.
                      gencies, commanders may temporarily de-                     B–9. Minutes.
                      clare establishments or areas off-limits to                 a. Annex I is a guide for the preparation of
                      Armed Forces personnel subject to their ju-               the minutes of board meetings. Minutes will
                      risdiction. They must then report the cir-                be prepared in accordance with administra-
                      cumstances immediately to the commander                   tive formats for minutes of meetings pre-
                      sponsoring the board. Detailed justification              scribed by the Service of the sponsoring com-
                      for this emergency action will be provided to             mander. The written minutes of board meet-
                      the board for its use.                                    ings will be deemed the official record of
                        B–7. Removal of off-limits restrictions.                board meetings. Verbatim transcripts of
                        a. Removal of an off-limits restriction re-             board meetings are not required. The reasons
                      quires board action. Proprietors of establish-            for approving or removing an off-limits re-
                      ments declared off-limits should be advised               striction, to include a complete address of
                      that they may appeal to the appropriate                   the establishment or area involved, should
                      board at any time. In their appeal, they                  be indicated in the order of business. In addi-
                      should submit the reason why, in their opin-              tion, the board’s action will be shown in
                      ion, the restriction should be removed. A let-            order of sequence, such as dispatch of letter
                      ter of notification of continuance of off-lim-            of notification, appearance before board, rec-
                      its restriction should be sent to the propri-             ommendation to local sponsoring com-
                      etor if the board does not favorably consider             mander, or action taken by local sponsoring
                      removal of an off-limits restriction (annex               commander. Change in the name of an estab-
                      F). If, after exhausting all appeals at the               lishment or areas in an off-limits status will
                      board/local sponsoring commander level, the               also be included.
                      proprietor is not satisfied with those deci-                b. Distribution of the minutes of board
                      sions, his or her case will be forwarded to the           meetings will be limited to the following:
                      next higher commander of the sponsoring                     (1) Each voting member, sponsoring com-
                      commander for review and resolution.                      mand and other commands, and installations
                      Boards should make at least quarterly in-                 represented on or serviced by the board.
                      spections of off-limits establishments. A                   (2) Each civilian and military advisory
                      statement that an inspection has been made                member, if deemed appropriate.
                      should be reflected in their minutes.                       (3) Civilian and Government agencies,
                        b. When it has been determined that ade-                within the State in which member installa-
                      quate corrective measures have been taken                 tions are located, having an interest in the
                      by the owner or manager of an establishment               functions of the board, if appropriate.
                      or area to meet the requirements for good                   c. The minutes of the board meeting, con-
                      discipline, health and welfare of Armed                   taining the board’s recommendations, will be
                      Forces personnel, the appropriate board will              forwarded in writing to the sponsoring com-
                      take the following actions:                               mander. The minutes will be accompanied by

                                                                           30



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00030   Fmt 8010   Sfmt 8002   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                        § 632.1
                      a request that the recommendations be ap-                  (NOTE: When sent by mail, send letter by
                      proved for implementation. The sponsoring                 CERTIFIED MAIL, RETURN RECEIPT RE-
                      commander will, by written indorsement to                 QUESTED.)
                      the president of the board, approve or dis-
                      approve the minutes and recommendations.                       ANNEX B—LETTER OF APPRECIATION
                        d. Board minutes are subject to the release                               (Letterhead)
                      and disclosure provisions of DOD Directive
                      5400.7 and implementing Service regulations.                           (Appropriate AFDCB)
                        B–10. Installation commander and board rela-
                      tionship.                                                 Proprietor
                                                                                —
                        Military installation commanders within a
                                                                                —
                      board’s areas of responsibility must be thor-
                                                                                —
                      oughly acquainted with the mission and
                                                                                  Dear Sir:
                      services provided by AFDCBs. Board mem-                     Reference is made to my letter dated
                      bers should keep their respective com-                    ———— concerning certain undesirable con-
                      manders informed of command responsibility                ditions reported at your establishment which
                      pertaining to board functions and actions.                adversely affect the health and welfare of
                        B–11. Public affairs.                                   personnel in the Armed Forces.
                        a. Because of the sensitive nature of sub-                The board appreciates your action in cor-
                      ject matter discussed, no public announce-                recting the deficiencies previously noted. In
                      ment will be initiated in connection with                 view of this fact, the board contemplates no
                      board meetings. However, any board pro-                   further action with respect to this matter at
                      ceeding which is open to the public will also             the present time.
                      be open to representatives of the news                      The board hopes that you will continue to
                      media. Representatives of the news media                  operate your establishment in the manner
                      will be considered as observers and will not              which will benefit the health and welfare of
                      participate in the discussion of matter con-              Service personnel. Your continued coopera-
                      sidered by the board. Members of the news                 tion is solicited.
                      media may be invited to participate in an                       Sincerely,
                      advisory status in coordination with the                    ——————,
                      Public Affairs Officer.                                     President, AFDCB.
                        b. News media interviews and releases will
                      be handled through the Public Affairs Offices                   ANNEX C—LETTER OF INVITATION
                      in accordance with this regulation and AR
                      360–5.                                                                      (Letterhead)

                           ANNEX A—LETTER OF NOTIFICATION                                    (Appropriate AFDCB)
                                                                                Proprietor
                                        (Letterhead)                            —
                                   (Appropriate AFDCB)                          —
                                                                                —
                      Proprietor
                      —
                      —
                                                                                PART 632—USE OF FORCE BY PER-
                      —                                                           SONNEL ENGAGED IN LAW EN-
                        Dear Sir: As President of the Armed Forces                FORCEMENT AND SECURITY DU-
                      Disciplinary Control Board, it is my duty to                TIES
                      inform you of certain undesirable conditions
                      reported at your establishment which ad-                  Sec.
                      versely affect the health and welfare of per-             632.1 Purpose.
                      sonnel in the Armed Forces. It has come to                632.2 Applicability.
                      the attention of the board that (cite pertinent           632.3 Policy.
                      information). You are advised that it will be             632.4 Deadly force.
                      necessary for this board to initiate action to            632.5 Use of firearms.
                      determine whether your establishment                      632.6 Administrative instructions.
                      should be placed off-limits to personnel of
                      the Armed Forces if the above cited undesir-               AUTHORITY: 10 U.S.C. 3012.
                      able condition(s) is (are) not eliminated.                  SOURCE: 48 FR 17074, Apr. 21, 1983, unless
                      (Include if applicable). Within (cite period), a          otherwise noted.
                      representative of this board will visit your
                      establishment in order to determine if steps              § 632.1 Purpose.
                      have been taken to correct the conditions
                      outlined above.                                              This regulation implements DOD Di-
                            Sincerely,                                          rective 5210.65. It sets uniform policy
                        ——————,                                                 for use of force by DA law enforcement
                        President, AFDCB.                                       and security personnel.

                                                                           31



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00031   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 632.2                                                               32 CFR Ch. V (7–1–00 Edition)

                      § 632.2 Applicability.                                    § 632.4 Deadly force.
                         (a) This regulation applies to all DA                     (a) Deadly force is destructive phys-
                      including Army National Guard and                         ical force directed against a person or
                      Army Reserve and civilian personnel                       persons (e.g., firing a lethal weapon).
                      engaged in law enforcement or security                    Use it only in extreme need, when all
                      duties, and those civilian contract                       lesser means have failed or cannot rea-
                      guard personnel performing security                       sonably be used. Use deadly force for
                      duties. These duties include guarding                     one or more of the following reasons
                      U.S. Military prisoners and interior                      only:
                      guard duties.                                                (1) In self-defense, when in imminent
                         (b) Except for personnel guarding                      danger of death or serious injury.
                      U.S. military prisoners, this regulation                     (2) To protect property related to na-
                      does not apply to persons assigned to—                    tional security, when reasonably nec-
                         (1) A wartime combat zone.                             essary to prevent—
                         (2) A non-wartime hostile fire area.                      (i) Threatened theft, damage, or espi-
                         (3) Duties with the U.S. Secret Serv-                  onage aimed at property or informa-
                      ice.                                                      tion specified by a commander or other
                         (4) Civil disturbance control. (See                    competent authority as vital to na-
                      para 4–12, FM 19–15.)                                     tional security. (See paragraph (b) of
                                                                                this section.)
                      § 632.3 Policy.                                              (ii) Actual theft, damage, or espio-
                         (a) Law enforcement and security                       nage aimed at property or information
                      personnel will use force only when they                   which, though not vital, is substan-
                      cannot fulfill their duties without it.                   tially important to national security.
                      They will use the minimum force need-                     (See paragraph (b) of this section.)
                      ed; only as a last resort will they use                      (iii) Escape of an individual whose
                      deadly force. (See §§ 632.3(c), 632.4, and                unauthorized presence near property or
                      632.5.)                                                   information vital to national security
                         (b) Commanders are encouraged to                       is a reasonable threat of theft, sabo-
                      substitute nonlethal devices (such as                     tage, or espionage.
                      night sticks) for firearms when ade-                         (3) To prevent actual theft or sabo-
                      quate for law enorcement and security                     tage of property (such as operable
                      personnel to safely fulfill their duties.                 weapons or ammunition) which could
                         (c) In evaluating the degree of force                  cause deadly harm to others in the
                      needed for specific law enforcement or                    hands of an unauthorized person.
                      security situations, consider these op-                      (4) To prevent serious offenses
                      tions:                                                    against a person or persons (e.g., armed
                         (1) Verbal persuasion.                                 robbery, rape, or violent destruction of
                         (2) Unarmed defense techniques.                        property by arson, bombing).
                         (3) Chemical aerosol irritant projec-                     (5) To apprehend a suspect believed
                      tors (M36). (May be subject to host na-                   to have committed any of the types of
                      tion or local restrictions.)                              offenses named in paragraphs (a) (2),
                         (4) MP club.                                           (3), and (4) of this section.
                         (5) MP working dogs.                                      (6) To prevent the escape of a pris-
                         (6) Deadly force. (§ 632.4)                            oner (when authorized by a commander
                         (d) Entrapment, i.e., inducing some-                   or other competent authority and rea-
                      one to commit an offense in order to                      sonably necessary).
                      prosecute that person, is not permitted                      (7) To obey lawful orders from higher
                      in law enforcement or security duties.                    authority governed by this regulation.
                         (e) Use MP working dogs in accord-                        (b) A commander or other competent
                      ance with the provisions of AR 190–12.                    authority will specify that property or
                      Release dogs only if a lesser measure of                  information is—
                      force would not be effective.                                (1) Vital to national security only
                         (1) Releasing a sentry dog to appre-                   when its loss, damage, or compromise
                      hend a suspect is a greater measure of                    would seriously harm national security
                      force than releasing a patrol dog.                        or an essential national defense mis-
                         (2) Before releasing a military dog for                sion.
                      attack, give a challenge or order to                         (2) Substantially important to na-
                      halt.                                                     tional security based on the mission

                                                                           32



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00032   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                      § 633.12

                      and the material or information re-                       clude applicable host nation require-
                      quired to perform it.                                     ments.)
                        (c) To comply with local law or inter-                    (2) Require MPs with law enforce-
                      national agreement or arrangements, a                     ment duties to qualify yearly with
                      commander may impose further re-                          their assigned handguns.
                      strictions on using deadly force. (Re-                      (3) Require interior guards to receive
                      strictions should not unduly com-                         instructions regarding use of force.
                      promise U.S. security interests).                         (Give periodic refresher training to en-
                        (d) Security criteria and standards                     sure continued familiarity with regula-
                      for protection of nuclear weapons                         tions.)
                      (paragraph (c) of this section AR 50–5–                     (c) Requirements concerning use of
                      1) and for chemical agents (paragraph                     the MP club and chemical aerosol irri-
                      (c) of this section AR 50–6–1) also apply.                tant projectors apply only when these
                                                                                weapons are issued items or are carried
                      § 632.5   Use of firearms.                                on duty.
                        (a) If it becomes necessary to use a                      (d) FM 19–5 contains procedures and
                      firearm in any of the circumstances de-                   methods for using unarmed defense
                      scribed in § 632.4 of this part, observe                  techniques and the MP club.
                      the following precautions when pos-
                      sible:                                                    PART 633—INDIVIDUAL REQUESTS
                        (1) Give an order to halt before firing.                  FOR ACCESS OR AMENDMENT
                        (2) Do not fire if shots are likely to
                      harm innocent bystanders.
                                                                                  OF CID REPORTS OF INVESTIGA-
                        (3) Since warning shots could harm
                                                                                  TION
                      innocent bystanders, avoid firing them.
                                                                                Sec.
                      However, when lesser degrees of force
                                                                                633.11   Access to CID reports.
                      have failed, the law enforcement or se-
                                                                                633.12   Amendment to CID reports.
                      curity person may judge that warning
                                                                                633.13   Submission of requests.
                      shots would help to control the situa-
                      tion without using deadly force. If able                    AUTHORITY: Sec. 3012, 70A Stat. 157; 10
                      to avoid hazards to innocent persons in                   U.S.C. 3012.
                      these cases, fire warning shots.                            SOURCE: 44 FR 44156, July 27, 1979, unless
                        (4) Aim to disable. At times it may be                  otherwise noted.
                      difficult to fire with enough precision
                      to ensure disabling rather than killing.                  § 633.11   Access to CID reports.
                      If the use of firearms are otherwise au-                    All requests for access to CID reports
                      thorized by this regulation, such cir-                    made under the Privacy or Freedom of
                      cumstances will not rule out their use.                   Information Acts will be processed in
                                                                                accordance with AR 340–21 and AR 340–
                      § 632.6   Administrative instructions.
                                                                                17, respectively.
                        (a) Commanders will ensure that all
                      persons assigned to law enforcement,                      § 633.12   Amendment to CID reports.
                      security, or US military prisoners’                         USACIDC reports of investigation
                      guard duties will, before performing                      (ROI) are exempt from the amendment
                      these duties—                                             provisions of the Privacy Act and AR
                        (1) Receive instructions on regula-                     340–21. Requests for amendment will be
                      tions regarding use of force.                             considered only under the provisions of
                        (2) Show knowledge and skill in the                     this regulation. Requests to amend
                      use of—                                                   USACIDC reports will be granted only
                        (i) Unarmed defense techniques.                         if the individual submits new, relevant
                        (ii) MP club.                                           and material facts that are determined
                        (iii) Individual chemical aerosol irri-                 to warrant their inclusion in or revi-
                      tant projectors.                                          sion of the ROI. The burden of proof is
                        (iv) Their assigned firearms.                           on the individual to substantiate the
                        (b) Commanders will also—                               request. Requests to delete a person’s
                        (1) Provide periodic refresher train-                   name from the title block will be
                      ing to ensure continued proficiency and                   granted only if it is determined that
                      updated knowledge in these skills. (In-                   there is not probable cause to believe

                                                                           33



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00033   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 633.13                                                                32 CFR Ch. V (7–1–00 Edition)

                      that the individual committed the of-                       634.20   Registration requirements.
                      fense for which he or she is listed as a                    634.21   Specifications for DD Form 2220.
                      subject. It is emphasized that the deci-                    634.22   Termination or denial of registration.
                                                                                  634.23   Specified consent to impoundment.
                      sion to list a person’s name in the title
                      block of a USACIDC report of inves-                                  Subpart D—Traffic Supervision
                      tigation is an investigative determina-
                      tion that is independent of whether or                        SECTION I—TRAFFIC PLANNING AND CODES
                      not subsequent judicial, nonjudicial or                     634.24   Traffic planning.
                      administrative action is taken against                      634.25   Installation traffic codes.
                      the individual. Within these param-
                      eters, any changes in the ROI rest                             SECTION II—TRAFFIC LAW ENFORCEMENT
                      within the sole discretion of the Com-                      634.26 Traffic law enforcement principles.
                      manding General. USACIDC, whose de-                         634.27 Speed-measuring devices.
                      cision will constitute final action on                      634.28 Traffic accident investigation.
                      behalf of the Secretary of the Army                         634.29 Traffic accident investigation re-
                                                                                      ports.
                      with respect to this regulation.
                                                                                  634.30 Traffic accident investigation report
                                                                                      data.
                      § 633.13 Submission of requests.
                                                                                  634.31 Parking.
                         Requests for access to or amendment                      634.32 Traffic violation reports.
                      of USACIDC investigative reports will
                      be forwarded to Commander, USACIDC,                           SECTION III—STANDARDS AND PROCEDURES
                                                                                        FOR PROCESSING DRUNK DRIVERS
                      ATTN: CIJA–RI, 5611 Columbia Pike,
                      Falls Church, VA 22041.                                     634.33 Training of law enforcement per-
                                                                                      sonnel.
                                                                                  634.34 Blood alcohol concentration stand-
                           PART 634—MOTOR VEHICLE                                     ards.
                             TRAFFIC SUPERVISION                                  634.35 Chemical testing policies and proce-
                                                                                      dures.
                                 Subpart A—Introduction                           634.36 Detection, apprehension, and testing
                                                                                      of intoxicated drivers.
                      Sec.                                                        634.37 Voluntary breath and bodily fluid
                      634.1 Purpose.                                                  testing based on implied consent.
                      634.2 References.                                           634.38 Involuntary extraction of bodily
                      634.3 Explanation of abbreviations               and            fluids in traffic cases.
                          terms.                                                  634.39 Testing at the request of the appre-
                      634.4 Responsibilities.                                         hended person.
                      634.5 Program objectives.                                   634.40 Preparation of sworn statement.

                               Subpart B—Driving Privileges                          SECTION IV—OFF-INSTALLATION TRAFFIC
                                                                                                 ACTIVITIES
                      634.6 Requirements for driving privileges.
                      634.7 Stopping and inspecting personnel or                  634.41   General.
                          vehicles.                                               634.42   Compliance with State laws.
                      634.8 Implied consent to blood, breath, or                  634.43   Civil-military cooperative programs.
                          urine tests.
                      634.9 Implied consent to impoundment.                       Subpart E—Driving Records and the Traffic
                      634.10 Suspension or revocation of driving                                Point System
                          privileges.
                      634.11 Administrative due process for sus-                  634.44 Driving records.
                          pensions and revocations.                               634.45 The traffic point system.
                      634.12 Army administrative actions against                  634.46 Point system application.
                          intoxicated drivers.                                    634.47 Point system procedures.
                      634.13 Remedial driver training programs.                   634.48 Disposition of driving records.
                      634.14 Alcohol and drug abuse programs.
                      634.15 Restoration of driving privileges on                  Subpart F—Impounding Privately Owned
                          acquittal.                                                             Vehicles
                      634.16 Restricted driving privileges or pro-
                          bation.                                                 634.49 General.
                      634.17 Extensions of suspensions and revoca-                634.50 Standards for impoundment.
                          tions.                                                  634.51 Towing and storage.
                      634.18 Reciprocal State-military action.                    634.52 Procedures for impoundment.
                                                                                  634.53 Search incident to impoundment
                        Subpart C—Motor Vehicle Registration                          based on criminal activity.
                                                                                  634.54 Disposition of vehicles after impound-
                      634.19   Registration policy.                                   ment.

                                                                             34



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00034     Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                        § 634.4
                      APPENDIX A TO PART 634—REFERENCES                         and Investigative Command U.S. Navy
                      APPENDIX B TO PART 634—NOTIFICATION OF                    (USN); Chief of Air Force Office of Se-
                         STATE DRIVER’S LICENSE AGENCIES                        curity Police, Headquarters, U.S. Air
                      APPENDIX C TO PART 634—DOD DIRECTIVE
                         5525.4, ENFORCEMENT OF STATE LAWS ON                   Force (USAF); Deputy Chief of Staff,
                         DOD INSTALLATIONS                                      for Plans, Policies, and Operations,
                      APPENDIX D TO PART 634—GLOSSARY                           Headquarters,     U.S.   Marine    Corps
                       AUTHORITY: 10 U.S.C. 30112(g); 5 U.S.C. 2951;            (USMC); and Staff Director, Office of
                      Pub. L. 89–564; 89–670; 91–605; and 93–87.                Command Security, Headquarters, De-
                                                                                fense Logistics Agency (DLA), will—
                        SOURCE: 56 FR 3930, Jan. 31, 1991, unless
                      otherwise noted.                                            (1) Exercise staff supervision over
                                                                                programs for motor vehicle traffic su-
                                                                                pervision.
                             Subpart A—Introduction
                                                                                  (2) Develop standard policies and pro-
                      § 634.1 Purpose.                                          cedures.
                         (a) This regulation sets policy, re-                     (3) Maintain liaison with interested
                      sponsibilities,     and   procedures     for              staff agencies and other military de-
                      motor vehicle traffic supervision on                      partments on traffic supervision and
                      military installations in the conti-                      establish working groups and commit-
                      nental United States (CONUS) and                          tees.
                      overseas areas. This includes but is not                    (4) Maintain liaison with depart-
                      limited to the following:                                 mental safety personnel on traffic safe-
                         (1) Granting, suspending, or revoking                  ty and accident reporting systems.
                      the privilege to operate a privately                        (5) Coordinate with national, re-
                      owned vehicle (POV).                                      gional, and State traffic officials and
                         (2) Registration of POVs.                              agencies, and actively participate in
                         (3) Administration of vehicle reg-                     conferences and workshops sponsored
                      istration     and    driver    performance                by Government or private groups at
                      records.                                                  the national level.
                         (4) Driver improvement programs.                         (6) Help organize and monitor police
                         (5) Police traffic supervision.                        traffic supervision training.
                         (6) Off-installation traffic activities.                 (7) Maintain liaison with the Depart-
                         (b) Commanders in overseas areas are                   ment of Transportation (DOT) and
                      authorized to modify these policies and                   other Federal departments and agen-
                      procedures in the following instances:                    cies on the National Highway Safety
                         (1) When dictated by host nation re-                   Program Standards (NHSPS) and pro-
                      lationships, treaties, and agreements.                    grams that apply to U.S. military traf-
                         (2) When traffic operations under                      fic supervision.
                      military supervision necessitate meas-
                                                                                  (8) Participate in the national effort
                      ures to safeguard and protect the mo-
                                                                                to reduce intoxicated driving.
                      rale, discipline, and good order in the
                      Services.                                                   (b) All major commanders. Major com-
                                                                                manders of the Army, Navy, Air Force,
                      § 634.2 References.                                       Marine Corps, and DLA will—
                         Required and related publications                        (1) Manage traffic supervision in
                      and prescribed and referenced forms                       their commands.
                      are listed in appendix A.                                   (2) Cooperate with the support pro-
                                                                                grams of State and regional highway
                      § 634.3 Explanation of abbreviations                      traffic safety organizations.
                          and terms.                                              (3) Coordinate regional traffic super-
                         Abbreviations and special terms used                   vision activities with other major mili-
                      in this regulation are explained in ap-                   tary commanders in assigned geo-
                      pendix D.                                                 graphic areas of responsibility.
                                                                                  (4) Monitor agreements between in-
                      § 634.4 Responsibilities.                                 stallations and host State authorities
                         (a) Departmental. The Deputy Chief of                  for reciprocal reporting of suspension
                      Staff for Operations and Plans, Head-                     and revocation of driving privileges.
                      quarters, Department of the Army                            (5) Participate in State and regional
                      (HQDA); Commander, Naval Security                         efforts to reduce intoxicated driving.

                                                                           35



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00035   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 634.4                                                               32 CFR Ch. V (7–1–00 Edition)

                        (6) Establish awards and recognition                    construction, and maintenance of
                      programs to recognize successful in-                      streets, highways, and abutting lands.
                      stallation efforts to eliminate intoxi-                      (2) Select, determine appropriate de-
                      cated driving. Ensure that criteria for                   sign, procure, construct, install, and
                      these awards are positive in nature and                   maintain permanent traffic and park-
                      include more than just apprehensions                      ing control devices in coordination
                      for intoxicated driving.                                  with the law enforcement officer and
                        (7) Modify policies and procedures                      safety officer.
                      when required by host nation treaties                        (3) Ensure that traffic signs, signals,
                      or agreements.
                                                                                and pavement markings conform to the
                        (c) Major Army commanders. Major
                                                                                standards in the current Manual on
                      Army commanders will ensure subordi-
                      nate installations utilizing automated                    Uniform Traffic Control Devices for
                      vehicle registration programs imple-                      Streets and Highways.
                      ment Vehicle Registration System-2                           (4) Ensure that planning, design, con-
                      (VRS–2) when fielded.                                     struction, and maintenance of streets
                        (d) Commanding General, U.S. Army                       and highways conform to the NHSPS
                      Training and Doctrine Command (CG,                        as implemented by the Services.
                      TRADOC). The CG, TRADOC will en-                             (i) Traffic engineer. The traffic engi-
                      sure that VRS–2 technical training for                    neer, in close coordination with the
                      functional users is incorporated into                     law enforcement officer, will—
                      service school instructional programs.                       (1) Conduct formal traffic engineer-
                        (e) Installation or activity commander.                 ing studies.
                      The installation or activity com-                            (2) Apply traffic engineering meas-
                      mander will—                                              ures, including traffic control devices,
                        (1) Establish an effective traffic su-                  to reduce the number and severity of
                      pervision program.                                        traffic accidents. (If there is no instal-
                        (2) Cooperate with civil police agen-                   lation traffic engineer, installation
                      cies and other local government agen-
                                                                                commanders may request these serv-
                      cies or civil traffic organizations con-
                                                                                ices through channels from the Com-
                      cerned with traffic supervision.
                        (3) Ensure that traffic supervision is                  mander, Military Traffic Management
                      properly integrated in the overall in-                    Command, 5611 Columbia Pike, Falls
                      stallation traffic safety program.                        Church, VA 22041–5050.)
                        (4) Actively participate in Alcohol                        (j) Army Alcohol and Drug Control Of-
                      Safety Action Projects (ASAP) in                          ficer (ADCO). The ADCO will provide
                      neighboring communities.                                  treatment and education services to
                        (f) Installation or activity law enforce-               personnel with alcohol or drug abuse
                      ment officer. The installation or activ-                  problems.
                      ity law enforcement officer will—                            (k) Navy Counseling and Assistance
                        (1) Exercise overall staff responsi-                    Center (CAAC) Directors. These directors
                      bility for directing, regulating, and                     will—
                      controlling traffic, and enforcing laws                      (1) Supervise the alcohol/drug reha-
                      pertaining to traffic control.                            bilitation services to personnel with al-
                        (2) Perform traffic engineering func-                   cohol or drug abuse problems.
                      tions at installations by conducting                         (2) Provide remedial/motivational
                      traffic control studies designed to ob-                   education for all persons identified as
                      tain information on traffic problems                      alcohol or drug abusers who are evalu-
                      and usage patterns.
                                                                                ated as not dependent on alcohol or
                        (g) Safety officer. The safety officer
                                                                                drugs and who have been referred to
                      will participate in and develop traffic
                      accident prevention initiatives in sup-                   Level One rehabilitation by their com-
                      port of the installation traffic safety                   mands.
                      program.                                                     (l) Marine Corps Substance Abuse Pro-
                        (h) Facility engineer (public works offi-               gram Officer. This officer will provide
                      cer at Navy installations). The facility                  alcohol/drug education, treatment, and
                      engineer or engineer officer, will—                       rehabilitation services to personnel
                        (1) Perform that phase of engineering                   with alcohol/drug abuse problems.
                      concerned with the planning, design,

                                                                           36



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00036   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                        § 634.7

                        (m) DLA Employee Assistance Program                     Identification Card) or other identifica-
                      Officer. This officer will provide alco-                  tion for non-Department of Defense
                      hol/drug counseling and referral serv-                    (DOD) civilians.
                      ices to identified personnel with alco-                     (iii) A valid record of motor vehicle
                      hol/drug abuse problems in accordance                     safety inspection if required.
                      with procedures prescribed by the                           (b) Operators of Government motor
                      Chief, Staffing, Labor, and Employee                      vehicles must have proof of authoriza-
                      Relations Division, Office of Civilian                    tion to operate the vehicle.
                      Personnel, HQ DLA.
                                                                                § 634.7 Stopping and inspecting per-
                      § 634.5 Program objectives.                                    sonnel or vehicles.
                         The objectives of motor vehicle traf-                     (a) Military vehicles may be stopped
                      fic supervision are to assure—                            by law enforcement personnel on mili-
                         (a) Safe and efficient movement of                     tary installations based on the instal-
                      personnel and vehicles.                                   lation commander’s policy.
                         (b) Reduction of traffic deaths, inju-                    (1) In overseas areas, military vehi-
                      ries, and property damage from traffic                    cles may be stopped on or off installa-
                      accidents. (Because most traffic acci-                    tions as determined by host nation
                      dents can be prevented, motor vehicle                     agreement and command policy.
                      accidents should be examined in terms                        (2) Stops and inspections of vehicles
                      of the roadway conditions, environ-                       at installation gates or entry points
                      ment, operator, vehicle, and the super-                   and in restricted areas will be con-
                      vision and control measures involved.)                    ducted according to separate Service
                         (c) Integration of installation safety,                policy.
                      engineering, legal, medical, and law en-                     (3) Stops and inspections of POVs
                      forcement resources into the installa-                    within the military installation, other
                      tion traffic planning process.                            than at restricted areas or at an instal-
                         (d) Removal of intoxicated drivers                     lation gate, are authorized only when
                      from installation roadways followed by                    there is a reasonable basis to believe
                      the expeditious application of appro-                     the stop/inspection is necessary to en-
                      priate sanctions.                                         force a traffic regulation or the stop is
                                                                                based on suspicion of criminal activity.
                          Subpart B—Driving Privileges                          (Army users, see AR 210–10. Marine
                                                                                Corps users, pending publication of a
                      § 634.6 Requirements for driving privi-                   specific Marine Corps order, will be
                            leges.                                              guided by Military Rules of evidence
                         (a) Driving a Government vehicle or                    311–316 and local command regulations.
                      POV on a military installation is a                       DLA users, see DLAR 5700.7.)
                      privilege granted by the installation                        (b) At the time of stop, the driver and
                      commander. Persons who accept the                         occupants may be required to display
                      privilege must—                                           all pertinent documents, including but
                         (1) Comply with laws and regulations                   not limited to—
                      governing motor vehicle operations on                        (1) DD Form 2A.
                      the installation.                                            (2) Documents that establish the
                         (2) Comply with installation registra-                 identity and status of civilians; for ex-
                      tion requirements in subpart C if appli-                  ample, DD Form 1173 (Uniformed Serv-
                      cable.                                                    ices Identification and Privilege Card),
                         (3) Possess, while operating a motor                   DA Form 1602 (Civilian Identification),
                      vehicle and produce on demand to law                      AF Form 354 (Civilian Identification
                      enforcement personnel, the following:                     Card), DLA Form 572 (Identification
                         (i) Proof of vehicle ownership or                      Card), DLA Form 1486 (Application for
                      State registration if required by the                     Identification Card), post pass, or na-
                      issuing State.                                            tional identity card.
                         (ii) A valid State, overseas command,                     (3) Proper POV registration docu-
                      host nation, or international driver’s                    ments.
                      license and/or OF 346 (U.S. Government                       (4) Host nation vehicle registration
                      Motor Vehicle Operator’s Identifica-                      documents if applicable.
                      tion Card), as applicable, supported by                      (5) Authorization to operate a U.S.
                      a DD Form 2A (U.S. Armed Forces                           Government vehicle if applicable.

                                                                           37



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00037   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 634.8                                                              32 CFR Ch. V (7–1–00 Edition)

                        (6) Drivers license or OF 346 valid for                continually violates installation park-
                      the particular vehicle and area of oper-                 ing regulations. The commander will
                      ation.                                                   determine standards for suspension
                                                                               based on frequency of parking viola-
                      § 634.8 Implied consent to blood,                        tions and publish those standards.
                          breath, or urine tests.                                 (2) The installation commander has
                         Persons accepting installation driv-                  discretionary power to withdraw the
                      ing privileges shall be deemed to have                   authorization of active duty military
                      given their consent to evidential tests                  personnel, DOD civilian employees, and
                      for alcohol or other drug content of                     nonappropriated fund (NAF) employees
                      their blood, breath, and/or urine if law-                to operate U.S. Government vehicles.
                      fully stopped, apprehended, or cited for                    (3) Immediate suspension of installa-
                      any offense allegedly committed while                    tion or overseas command POV driving
                      driving or in physical control of a                      privileges pending resolution of an in-
                      motor vehicle on the installation while                  toxicated driving incident is authorized
                      under the influence of intoxicants.                      for active duty military personnel,
                                                                               family members, retired members of
                      § 634.9 Implied consent to impound-                      the military services, DOD civilian per-
                          ment.                                                sonnel, and others with installation or
                         Any person granted the privilege of                   overseas command driving privileges
                      operating a motor vehicle on an instal-                  regardless of the geographic location of
                      lation shall be deemed to have given                     an intoxicated driving incident. Sus-
                      his or her consent for the removal and                   pension is authorized for non-DOD af-
                      temporary impoundment of the POV                         filiated civilians only with respect to
                      when it is parked illegally for unrea-                   incidents occurring on the installation
                      sonable periods, interfering with oper-                  or in areas subject to military traffic
                      ations, creating a safety hazard, dis-                   supervision. After a review of available
                      abled by accident, left unattended in a                  evidence as specified in § 634.11, instal-
                      restricted or controlled area, or aban-                  lation driving privileges will be imme-
                      doned. Such persons further agree to                     diately suspended pending resolution of
                      reimburse the United States for the                      the intoxicated driving incident in the
                      cost of towing and storage should their                  following circumstances;
                      motor vehicle be removed or im-                             (i) Refusal to take or complete a law-
                      pounded. Existence of the conditions                     fully requested chemical test to deter-
                      described above will be determined by                    mine contents of blood for alcohol or
                      the installation commander or des-                       other drugs.
                      ignee.                                                      (ii) Operating a motor vehicle with a
                                                                               blood alcohol content (BAC) of 0.10 per-
                      § 634.10 Suspension or revocation of                     cent by volume or higher or in viola-
                           driving privileges.                                 tion of the law of the jurisdiction that
                         The installation commander (or des-                   is being assimilated on the military in-
                      ignee not assigned primarily to law en-                  stallation.
                      forcement duties) may, for cause, ad-                       (iii) Operating a motor vehicle with a
                      ministratively suspend or revoke driv-                   BAC of at least 0.05 percent by volume
                      ing privileges on the installation. The                  but less than 0.10 percent blood alcohol
                      suspension or revocation of installa-                    by volume in violation of the law of the
                      tion driving privileges or POV registra-                 jurisdiction in which the vehicle is
                      tions, for lawful reasons unrelated to                   being operated if the jurisdiction im-
                      traffic violations or safe vehicle oper-                 poses a suspension solely on the basis
                      ation, is not limited or restricted by                   of the BAC level.
                      this regulation.                                            (iv) On an arrest report or other offi-
                         (a) Suspension. (1) Driving privileges                cial     documentation     of  the    cir-
                      are usually suspended when other                         cumstances of an apprehension for in-
                      measures have failed to improve a driv-                  toxicated driving.
                      er’s performance. Measures should in-                       (b) Revocation. (1) The revocation of
                      clude counseling, remedial driving                       installation or overseas command POV
                      training, and rehabilitation programs.                   driving privileges is a severe adminis-
                      Driving privileges may also be sus-                      trative measure to be exercised for se-
                      pended for up to 6 months if a driver                    rious moving violations or when other

                                                                          38



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00038   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                     § 634.11

                      available corrective actions fail to                     driving. The mandatory 1-year revoca-
                      produce the desired driver improve-                      tion period will consist of January 1996
                      ment. Revocation of the driving privi-                   plus March 1996 through January 1997,
                      lege will be for a specific period, but                  for a total of 12 months with no instal-
                      never less than 6 months, applies at all                 lation driving privileges.)
                      military installations, and remains in
                      effect on reassignment.                                  § 634.11 Administrative due process
                        (2) Driving privileges are subject to                       for suspensions and revocations.
                      revocation when an individual fails to                      (a) Individual Services will promul-
                      comply with any of the conditions req-                   gate separate regulations establishing
                      uisite to the granting of the privilege.                 administrative due process procedures
                      (See § 634.6.) Revocation of installation                for suspension or revocation of driving
                      driving and registration privileges is                   privileges. The procedures in para-
                      authorized for military personnel, fam-                  graphs (b) and (c) of this section apply
                      ily members, civilian employees of                       to actions taken by Army commanders
                      DOD, and other individuals with instal-                  with respect to Army military per-
                      lation driving privileges. For civilian                  sonnel and family members and to ci-
                      guests, revocation is authorized only                    vilian personnel operating motor vehi-
                      with respect to incidents occurring on                   cles on Army installations. For Marine
                      the installation or in the areas subject                 Corps users, the provisions of this para-
                      to military traffic supervision.                         graph apply pending publication of a
                        (3) Driving privileges will be revoked                 Marine Corps order addressing adminis-
                      for a mandatory period of not less than                  trative due process.
                      1 year in the following circumstances:                      (b) For offenses other than intoxi-
                        (i) The installation commander or                      cated driving, suspension or revocation
                      designee has determined that the per-                    of the installation driving privilege
                      son lawfully apprehended for intoxi-                     will not become effective until the in-
                      cated driving refused to submit to or                    stallation commander or designee noti-
                      complete a test to measure the alcohol                   fies the affected person and offers that
                      content in the blood, or detect the                      person an administrative hearing. Sus-
                      presence of any other drug, as required                  pension or revocation will take place 10
                      by the law of the jurisdiction, installa-                days after this written notice is re-
                      tion traffic code, or by Service direc-                  ceived unless an application for a hear-
                      tive.                                                    ing is made by the affected person
                        (ii) A conviction, nonjudicial punish-                 within this period. Such application
                      ment, or a military or civilian admin-                   will stay the pending suspension or
                      istrative action resulted in the suspen-                 revocation for a period of 10 days.
                      sion or revocation of a driver’s license                    (1) If, due to action by the Govern-
                      for intoxicated driving. Appropriate of-                 ment, a hearing is not held within 10
                      ficial documentation of such convic-                     days, the suspension will not take
                      tion is required as the basis for revoca-                place until such time as the person is
                      tion.                                                    granted a hearing and is notified of the
                        (4) When temporary suspensions                         action of the installation commander
                      under § 634.10(a)(3) are followed by rev-                or designee. However, if the affected
                      ocations, the period of revocation is                    person requests that the hearing be
                      computed beginning from the date the                     continued to a date beyond the 10-day
                      original suspension was imposed, ex-                     period, the suspension or revocation
                      clusive of any period during which full                  will become effective immediately on
                      driving privileges may have been re-                     receipt of notice that the request for
                      stored pending resolution of charges.                    continuance has been granted.
                      (Example: privileges were initially sus-                    (2) If it is determined as the result of
                      pended on 1 January 1996 for a charge                    a hearing to suspend or revoke the af-
                      of intoxicated driving with a blood al-                  fected person’s driving privilege, the
                      cohol content of 0.14 percent. A hearing                 suspension or revocation will become
                      was held, extreme family hardship was                    effective when the person receives the
                      substantiated, and privileges were re-                   written notification of such action. In
                      stored on 1 February pending resolu-                     the event that written notification
                      tion of the charge. On 10 March, the                     cannot be verified either through a re-
                      driver was convicted for intoxicated                     turned receipt for mail or delivery

                                                                          39



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00039   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 634.11                                                             32 CFR Ch. V (7–1–00 Edition)

                      through command channels, the hear-                      such immediate action is warranted.
                      ing authority will determine the effec-                  Review by the designated officer will
                      tive date on a case-by-case basis.                       follow as soon as practicable in such
                         (3) If the revocation or suspension is                cases. When a suspension notice is
                      imposed after such hearing, the person                   based on the law enforcement officer’s
                      whose driving privilege has been sus-                    review, there is no requirement for
                      pended or revoked will have the right                    confirmation notice following subse-
                      to appeal or request reconsideration.                    quent review by the designated officer.
                      Such requests must be forwarded                            (6) For active duty military per-
                      through command channels to the in-                      sonnel, written notice of suspension for
                      stallation commander within 10 days                      intoxicated driving will be provided to
                      from the date the individual is notified                 the individual’s chain of command for
                      of the suspension or revocation result-                  immediate presentation to the indi-
                      ing from the administrative hearing.                     vidual.
                      The suspension or revocation will re-                      (7) For civilian personnel, written no-
                      main in effect pending a final ruling on                 tice of suspension for intoxicated driv-
                      the request. Requests for restricted                     ing normally will be provided without
                      privileges will be considered per                        delay via certified mail. If the person is
                      § 634.16.                                                employed on the installation, such no-
                         (c) For drunk driving or driving while                tice will be forwarded through the
                      intoxicated offenses, reliable evidence                  military or civilian supervisor. When
                      readily available will be presented                      the notice of suspension is forwarded
                      promptly to an individual designated                     through the supervisor, the person
                      by the installation commander for re-                    whose privileges are suspended will be
                      view and authorization for immediate                     required to provide written acknowl-
                      suspension of installation driving                       edgment of receipt of the suspension
                      privileges.                                              notice.
                         (1) The reviewer should be any officer
                                                                                 (8) Notices of suspension for intoxi-
                      whose primary duties are not in the
                                                                               cated driving will include the fol-
                      field of law enforcement.
                                                                               lowing:
                         (2) Reliable evidence includes mate-
                                                                                 (i) The fact that the suspension can
                      rial such as witness statements, mili-
                                                                               be made a revocation under § 634.10(b).
                      tary or civilian police report of appre-
                      hension, chemical test results if com-                     (ii) The right to request, in writing, a
                      pleted, refusal to consent to complete                   hearing before the installation com-
                      chemical testing, video tapes, state-                    mander or designee to determine if
                      ments by the apprehended individual,                     post driving privileges will be restored
                      field sobriety or preliminary breath                     pending resolution of the charge; and
                      test results, and other pertinent evi-                   that such request must be made within
                      dence.                                                   10 days of the notice of suspension.
                         (3) Reviews normally will be accom-                     (iii) The right of military personnel
                      plished within the first normal duty                     to be represented by counsel at his or
                      day following final assembly of evi-                     her own expense and to present evi-
                      dence.                                                   dence and witnesses at his or her own
                         (4) When detailed and reliable evi-                   expense. Installation commanders will
                      dence is not available, immediate sus-                   determine the availability of any local
                      pension should not be based on pub-                      active duty representatives requested.
                      lished lists of arrested persons, state-                   (iv) The right of Department of the
                      ments by parties not witnessing the ap-                  Army (DA) civilian employees to have
                      prehension, or telephone conversations                   a personal representative present at
                      or other information not supported by                    the administrative hearing in accord-
                      documented and reliable evidence.                        ance with applicable laws and regula-
                         (5) Installation commanders may au-                   tions.
                      thorize the installation law enforce-                      (v) Written acknowledgment of re-
                      ment officer to conduct reviews and au-                  ceipt to be signed by the individual
                      thorize suspensions in cases where the                   whose privileges are to be suspended or
                      designated reviewer is not reasonably                    revoked.
                      available and, in the judgment of the                      (9) If a hearing is requested, it must
                      installation law enforcement officer,                    take place within 10 days of receipt of

                                                                          40



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00040   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                      § 634.12

                      the request. The suspension for intoxi-                     (iii) Revocations cancel any full or
                      cated driving will remain in effect                       restricted driving privileges that may
                      until a decision has been made by the                     have been restored during suspension
                      installation commander or designee,                       and the resolution of the charges. Re-
                      but will not exceed 10 working days                       quests for restoration of full driving
                      after the hearing while awaiting the                      privileges are not authorized.
                      decision. If no decision has been made
                      by that time, full driving privileges                     § 634.12 Army administrative actions
                      will be restored until such time as the                        against intoxicated drivers.
                      accused is notified of a decision to con-                    Army commanders will take appro-
                      tinue the suspension.                                     priate action against intoxicated driv-
                         (10) Hearing on suspension actions                     ers. These actions will include the fol-
                      under § 634.10(a) for intoxicated drivers                 lowing:
                      pending resolution of charges will                           (a) A written general officer rep-
                      cover only the pertinent issues of                        rimand, administrative in nature, will
                      whether—                                                  be issued to active duty Army officers,
                         (i) The law enforcement official had                   commissioned and warrant, and non-
                      reasonable grounds to believe the per-                    commissioned officers, to include sol-
                      son was driving or in actual physical                     diers in the grade of E–4 appointed on
                      control of a motor vehicle while under                    official orders to corporal, in the cases
                      the influence of alcohol or other drugs.                  described below. This reprimand may
                         (ii) The person was lawfully cited or                  be issued by an officer frocked to the
                      apprehended for an intoxicated driving                    grade of brigadier general. Subsequent
                      offense.                                                  filing of the reprimand will be in ac-
                         (iii) The person was lawfully re-                      cordance with the provisions of AR 600–
                      quested to submit to a test for alcohol                   37.
                      or other drug content of blood, breath,                      (1) Conviction of intoxicated driving
                      or urine and was informed of the con-                     or driving under the influence of alco-
                      sequences of refusal to take or com-                      hol or other drugs either on or off the
                      plete such test.                                          installation.
                         (iv) The person refused to submit to                      (2) Refusal to take or failure to com-
                      the test for alcohol or other drug con-                   plete a lawfully requested test to meas-
                      tent of blood, breath, or urine; failed to                ure alcohol or drug content of the
                      complete the test; or submitted to the                    blood, breath, or urine, either on or off
                      test and the result was 0.10 percent or                   the installation, when there is reason-
                      higher blood alcohol content, or                          able belief of driving under the influ-
                      showed results indicating the presence                    ence of alcohol or drugs.
                      of other drugs for an on-post apprehen-                      (3) Driving or being in physical con-
                      sion or in violation of State laws for an                 trol of a motor vehicle on post when
                      off-post apprehension.                                    the blood alcohol content is 0.10 per-
                         (v) The testing methods used were                      cent or higher, irrespective of other
                      valid and reliable, and the results accu-                 charges, or off post when the blood al-
                      rately evaluated.                                         cohol content is in violation of State
                         (11) For revocation actions under                      laws, irrespective of other charges.
                      § 634.10(b)(3) for intoxicated driving, the                  (4) Driving or being in physical con-
                      revocation is mandatory on conviction                     trol of a motor vehicle, either on or off
                      or other findings that confirm the                        the installation, when lawfully re-
                      charge. (Pleas of nolo contendere are                     quested chemical tests reflect the pres-
                      considered equivalent to guilty pleas.)                   ence of illegal drugs.
                         (i) Revocations are effective as of the                   (b) A written reprimand, administra-
                      date of conviction or other findings                      tive in nature, may be issued by a gen-
                      that confirm the charges.                                 eral officer or other appropriate offi-
                         (ii) The notice that revocation is                     cial to active duty soldiers in the grade
                      automatic may be placed in the suspen-                    of E–4 (except corporals) and below in
                      sion letter. If it does not appear in the                 cases described in paragraph (a) of this
                      suspension letter, a separate letter                      section.
                      must be sent and revocation is not ef-                       (c) Review by commanders of the
                      fective until receipt of the written no-                  service records of active duty soldiers
                      tice.                                                     apprehended for offenses described in

                                                                           41



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00041   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 634.13                                                             32 CFR Ch. V (7–1–00 Edition)

                      (a) above to determine if the individ-                   stance abuse exists than merely the of-
                      uals warrant—                                            fense of intoxicated driving. The provi-
                        (1) Administrative reduction per AR                    sions of this paragraph do not limit the
                      600–200.                                                 commander’s prerogatives concerning
                        (2) Bar to reenlistment per AR 601–                    other actions that may be taken
                      280.                                                     against offenders under separate Serv-
                        (3) Administrative discharge per AR                    ice policies. (Army, see AR 600–85; Ma-
                      635–200.                                                 rine Corps, see MCO P5300.12.)
                                                                                 (c) Active duty Army personnel ap-
                      § 634.13 Remedial driver training pro-                   prehended for drunk driving, on or off
                           grams.
                                                                               the installation, will be referred to the
                         (a) Navy activities will comply with                  local Alcohol and Drug Abuse Preven-
                      OPNAVINST 5100.12D, Air Force activi-                    tion and Control Program (ADAPCP)
                      ties with AFR 30–2, and Marine Corps                     for evaluation within 10 days to deter-
                      activities with MCO 5100.19C.                            mine if the person is dependent on al-
                         (b) Installation commanders may es-                   cohol or other drugs which will result
                      tablish a remedial driver training pro-                  in enrollment in Track I or other level
                      gram to instruct and educate military                    of treatment in accordance with AR
                      personnel requiring additional train-                    600–85.
                      ing. Personnel will be chosen for the                      (d) Active duty Navy personnel ap-
                      program on the basis of their indi-                      prehended for drunk driving, on or off
                      vidual driving records. The curriculum                   the installation, will be screened by
                      should provide instruction to improve                    the respective CAAC facility within 10
                      driving performance and compliance                       days to determine if the individual is
                      with traffic laws.                                       dependent on alcohol or other drugs.
                         (c) Installation commanders may                       Active duty Marines apprehended for
                      schedule periodic courses if courses on                  intoxicated driving, on or off the in-
                      a continuing basis are not practical. If
                                                                               stallation, will be referred for inter-
                      civil authorities conduct such courses,
                                                                               view by a Level II substance abuse
                      commanders may arrange for installa-
                                                                               counselor within 10 days for evaluation
                      tion personnel to attend these courses
                                                                               and determination of the appropriate
                      in lieu of operating a course on or by
                                                                               level of treatment required subsequent
                      the installation.
                                                                               to this evaluation, the Marine will be
                         (d) Civilian personnel employed on
                                                                               assigned to the appropriate treatment
                      the installation, contractor employees,
                                                                               program as prescribed by MCO P5300.12.
                      and family members of military per-
                      sonnel may voluntarily attend these or                     (e) The Services may develop preven-
                      similar courses.                                         tive treatment and rehabilitative pro-
                                                                               grams for civilian employees with alco-
                      § 634.14 Alcohol and drug abuse pro-                     hol-related problems section 4561, title
                           grams.                                              42, U.S. Code (42 U.S.C. 4561).
                         (a) Commanders will refer military                      (f) Army supervisors of civilian em-
                      personnel suspected of drug or alcohol                   ployees apprehended for drunk driving
                      abuse for evaluation in the following                    will advise employees of ADAPCP serv-
                      circumstances:                                           ices available. Army civilian employ-
                         (1) Behavior is indicative of alcohol                 ees apprehended for intoxicated driving
                      or drug abuse.                                           while on duty will be referred to the
                         (2) Continued inability to drive a                    ADAPCP for evaluation in accordance
                      motor vehicle safely because of alcohol                  with AR 600–85. Army commanders will
                      or drug abuse.                                           ensure that sponsors encourage family
                         (b) The commander will ensure mili-                   members apprehended for drunk driv-
                      tary personnel are referred to the in-                   ing to seek ADAPCP evaluation and as-
                      stallation alcohol and drug abuse pro-                   sistance.
                      gram or other comparable facilities                        (g) Navy and DLA civilian personnel
                      when they are convicted of, or receive                   charged with intoxicated driving will
                      an official administrative action for,                   be referred to the Civilian Employee
                      any offense involving intoxicated driv-                  Assistance Program for evaluation in
                      ing. A first offender may be referred for                accordance with FPM Supplement 792–
                      treatment if more evidence of sub-                       2. Such referral does not exempt the

                                                                          42



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00042   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                     § 634.16

                      employee from appropriate administra-                    lidity of the BAC test). When a valid
                      tive or disciplinary actions under civil-                BAC test is involved, the suspension
                      ian personnel regulations.                               will continue pending completion of a
                        (h) Marine Corps civilian employees                    hearing. In such instances, the indi-
                      charged with intoxicated driving, on or                  vidual will be notified in writing of the
                      off the installation, will be referred to                continuation of the preliminary sus-
                      the Employee Assistance Program as                       pension and of the opportunity to re-
                      prescribed by MCO P5300.12. Marine de-                   quest a hearing within 10 working
                      pendents charged with intoxicated                        days. At the hearing the arrest report,
                      driving, on or off the installation, will                the commander’s report of official dis-
                      be provided assistance as addressed in                   position, information presented by the
                      MCO P5300.12. Such referral and assist-                  individual, and such other information
                      ance does not exempt the individual                      as the hearing officer may deem appro-
                      from appropriate administrative or dis-                  priate will be considered. If the hearing
                      ciplinary action under current civilian                  officer determines by a preponderance
                      personnel regulations or State laws.                     of evidence that the individual was en-
                        (i) For Army, DLA, and Marine                          gaged in intoxicated driving, the rev-
                      Corps, installation driving privileges of                ocation will be for 1 year from the date
                      any person who refuses to submit to or                   of the original preliminary suspension.
                      fails to complete chemical testing for                     (c) The person was driving or in phys-
                      blood-alcohol content when appre-                        ical control of a motor vehicle while
                      hended for intoxicated driving, or con-                  under a preliminary suspension or rev-
                      victed of intoxicated driving, will not                  ocation.
                      be reinstated unless the person success-                   (d) An administrative determination
                      fully completes either an alcohol edu-                   has been made by the State or host na-
                      cation and treatment program spon-                       tion licensing authority to suspend or
                      sored by the installation, State, coun-                  revoke driving privileges based on local
                      ty, or municipality, or a private pro-
                                                                               law or pertinent regulations.
                      gram evaluated as acceptable by the
                                                                                 (e) The individual has failed to com-
                      installation commander.
                                                                               plete a formally directed substance
                        (j) For Navy, on-base driving privi-
                      leges will not be reinstated for Navy                    abuse or driver’s training program.
                      personnel convicted of driving under                     § 634.16 Restricted driving privileges
                      the influence, on- or off-base, unless                       or probation.
                      the person completed the full 36-hour
                      Navy Alcohol and Drug Safety Action                        (a) For the Navy, Air Force, Marine
                      Program (NADSAP). The condensed                          Corps, and DLA, the installation com-
                      NADSAP supervisor course will not be                     mander may modify a suspension or
                      used for this purpose.                                   revocation of driving privileges in cer-
                                                                               tain cases per paragraph (d) of this sec-
                      § 634.15 Restoration of driving privi-                   tion.
                           leges on acquittal.                                   (b) Army requests for restricted driv-
                         When an official report pertaining to                 ing privileges subsequent to suspension
                      drunk driving or driving while intoxi-                   or revocation of installation driving
                      cated indicates a finding of not guilty,                 privileges will be referred to the instal-
                      that the charges have been dismissed                     lation commander or designee for de-
                      or reduced to an offense not amounting                   termination under criteria of (d) below,
                      to intoxicated driving, or that an                       except for intoxicated driving cases,
                      equivalent determination has been                        which must be referred to the General
                      made in a nonjudicial punishment pro-                    Court Martial Convening Authority.
                      ceeding or military or civilian adminis-                 Withdrawal of restricted driving privi-
                      trative action, the suspension of driv-                  leges is within the installation com-
                      ing privileges will be vacated except in                 mander’s discretion.
                      cases in which:                                            (c) Probation or restricted driving
                         (a) The preliminary suspension was                    privileges will not be granted to any
                      based on refusal to take a BAC test.                     person whose driver’s license is under
                         (b) The preliminary suspension re-                    suspension or revocation by a State,
                      sulted from a BAC test (unless disposi-                  Federal, or host nation licensing au-
                      tion of the charges was based on inva-                   thority.

                                                                          43



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00043   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 634.17                                                              32 CFR Ch. V (7–1–00 Edition)

                        (d) Aside from any other provisions                     route to and from their respective
                      of this regulation, the installation                      work sites (5 U.S.C. 2303 (b)(10)). This is
                      commander or designee may grant re-                       not to be construed as limiting the
                      stricted driving privileges or probation                  commander from suspension or revoca-
                      on a case-by-case basis to accommo-                       tion of on-duty driving privileges or
                      date any of the following reasons, pro-                   seizure of OF 346, even if this action
                      vided the person’s State driver’s li-                     would constructively remove a person
                      cense remains valid:                                      from employment, in those instances
                        (1) Mission requirements.                               in which the person’s duty requires
                        (2) Unusual personal or family hard-                    driving from place to place on the in-
                      ships.                                                    stallation.
                        (3) Delays exceeding 90 days, not at-
                      tributed to the person concerned, in                      § 634.17 Extensions of suspensions and
                      the formal disposition of an apprehen-                        revocations.
                      sion or charges that are the basis for
                                                                                  (a) Driving in violation of a suspen-
                      any type of suspension or revocation.
                        (4) When there is no reasonably avail-                  sion or revocation imposed under this
                      able alternate means of transportation                    regulation will result in the original
                      to officially assigned duties. (In this                   period of suspension or revocation
                      instance, a limited exception can be                      being increased by 2 years. In addition,
                      granted for the sole purpose of driving                   administrative action may also be ini-
                      directly to and from the place of duty.)                  tiated based on the commission of any
                        (e) The limitations on a restricted                     traffic, criminal, or military offense
                      driving privilege (for example, an au-                    (for example, active duty military per-
                      thorization to drive to and from place                    sonnel driving on the installation in
                      of employment or duty, selected instal-                   violation of an order not to do so).
                      lation facilities such as hospital and                      (b) For each subsequent determina-
                      commissary, or other facilities) will be                  tion within a 5-year period that revoca-
                      specified in writing and provided to the                  tion is authorized under § 634.10(b),
                      individual concerned. Persons found to                    military personnel, DOD civilians, and
                      be in violation of the restricted privi-                  NAF employees will be prohibited from
                      lege are subject to revocation action as                  obtaining or using an OF 346 for 6
                      prescribed in § 634.10(b). For good cause,                months for each such incident. A deter-
                      the appropriate authority may with-                       mination whether DOD civilian per-
                      draw the restricted driving privilege                     sonnel should be prohibited from ob-
                      and continue the suspension or revoca-                    taining or using an OF 346 will be made
                      tion period (for example, driver at fault                 under FPM 930, and other laws and reg-
                      in a traffic accident, or driver cited for                ulations applicable to civilian per-
                      a moving traffic violation).                              sonnel. This does not preclude a com-
                        (f) The conditions and terms of pro-                    mander from imposing such prohibition
                      bation will be specified in writing and                   for a first offense, or for a longer period
                      provided to the individual concerned.
                                                                                of time for a first or subsequent of-
                      The original suspension or revocation
                                                                                fense, or for such other reasons as may
                      term in its entirety may be activated
                                                                                be authorized.
                      to commence from the date of the vio-
                      lation of probation. In addition, sepa-                     (c) Commanders may extend a sus-
                      rate action may be initiated based on                     pension or revocation of the installa-
                      the commission of any traffic, crimi-                     tion driving privileges of military per-
                      nal, or military offense that con-                        sonnel until completion of an approved
                      stitutes a probation violation.                           remedial driver training course or alco-
                        (g) DOD employees of the Services or                    hol or drug counseling program.
                      DLA, who can demonstrate that sus-                          (d) Commanders may extend a sus-
                      pension or revocation of installation                     pension or revocation of the installa-
                      driving privileges would constructively                   tion driving privileges of civilian per-
                      remove them from employment, may                          sonnel convicted of intoxicated driving
                      be given a limited suspension/revoca-                     on the installation until successful
                      tion that restricts driving on the in-                    completion of a State or installation
                      stallation or activity (or in the over-                   approved alcohol or drug rehabilitation
                      seas command) to the most direct                          program.

                                                                           44



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00044   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                     § 634.19

                      § 634.18 Reciprocal State-military ac-                   revocation. To the extent an agree-
                           tion.                                               ment concerning reciprocity may be
                         The Services recognize the interests                  permitted at a particular overseas in-
                      of the States in matters of POV admin-                   stallation, the installation commander
                      istration and driver licensing. The fol-                 must have prior authorization to nego-
                      lowing procedures will apply:                            tiate and conclude such an inter-
                         (a) Statutory authority may exist                     national agreement in accordance with
                      within some host nations or States for                   applicable directives, DODD 5530.3,
                      reciprocal suspension and revocation of                  June 1987 and individual Service in-
                      driving privileges. If so, the installa-                 structions.
                      tion commander or designee will honor
                      the reciprocal agreements with State                          Subpart C—Motor Vehicle
                      or host nation driver licensing authori-                            Registration
                      ties. On receipt of written notice, the
                      receiving party may suspend or revoke                    § 634.19 Registration policy.
                      driving privileges as if the violations                     (a) Motor vehicles will be registered
                      or incidents had occurred within its                     according to guidance in this regula-
                      own jurisdiction.                                        tion and in policies of each Service and
                         (b) If statutory authority does not                   DLA. Unless otherwise specified by this
                      exist within the State for formal mili-                  regulation or other competent author-
                      tary reciprocity, the procedures below                   ity, a person who lives or works on a
                      will be used.                                            military installation or often uses the
                         (1) Where military reciprocity has                    facilities will be required to register
                      not been established by State law,                       his or her vehicle. The person need not
                      commanders will act on reports of sus-                   own the vehicle to register it, but must
                      pensions or revocations received from                    have a lease agreement, power of attor-
                      state authorities where the installa-                    ney, or notarized statement from the
                      tion is located. When any State author-                  owner of the vehicle specifying the in-
                      ity suspends or revokes a person’s driv-                 clusive dates for which permission to
                      er’s license, the installation’s driving                 use the vehicle has been granted.
                      privilege will be automatically termi-                      (b) Vehicles intended for construc-
                      nated. Administrative actions (suspen-                   tion and material handling or used
                      sion, revocation, or point assessment)                   solely off the road are not usually reg-
                      for moving traffic violations off the in-                istered as motor vehicles. Installation
                      stallation reported by State authori-                    commanders may require registration
                      ties should not be less than that re-                    of off-road vehicles and bicycles under
                      quired for similar offenses on the in-                   a separate local system.
                      stallation. When notified by a State of                     (c) Commanders can grant limited
                      a suspension or revocation, the instal-                  temporary registration for up to 45
                      lation commander may suspend or re-                      days, pending permanent registration,
                      voke the person’s OF 346.                                or in other circumstances for longer
                         (2) In CONUS, the appropriate State                   terms.
                      licensing authority will be notified                        (d) Except for reasons of security, all
                      when a person’s installation driving                     installations and activities of the Serv-
                      privileges are revoked for a period of 1                 ices and DLA within the United States
                      year or more following final adjudica-                   and its territories will honor the DD
                      tion of an intoxicated driving offense                   Form 2220 (Department of Defense Reg-
                      or for refusal to submit to a BAC test.                  istered Vehicle) issued by other instal-
                      The notification will be sent to the li-                 lations or activities.
                      censing authority of the State where                        (e) Visitor identification may be de-
                      the individual is licensed. (See appen-                  veloped and issued locally. (Air Force,
                      dix B to part 634.) The notification will                see AFR 125–15.)
                      include the basis for the revocation and                    (f) Registration of POVs is not re-
                      the blood alcohol concentration level.                   quired at Army installations; however,
                         (c) Overseas installation commanders                  the conditions in § 634.20 must be met
                      may be affected by provisions of the                     to gain the privilege of operating a
                      applicable status of forces agreement                    POV on an Army installation.
                      (SOFA) and the law of the host nation                       (1) For those installations not reg-
                      concerning reciprocal suspension and                     istering vehicles, failure to comply

                                                                          45



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00045   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 634.20                                                             32 CFR Ch. V (7–1–00 Edition)

                      with conditions in § 634.20 will be de-                  State or jurisdiction in which the vehi-
                      tected through traffic enforcement ac-                   cle is licensed or located. If neither
                      tions. Failure of an owner to comply                     State nor local jurisdiction requires a
                      with these conditions may result in ad-                  periodic safety inspection, installation
                      ministrative suspension or revocation                    commanders may require and conduct
                      of his or her installation driving privi-                an annual POV safety inspection; how-
                      leges (§ 634.10).                                        ever, inspection facilities must be rea-
                        (2) Installation commanders are au-                    sonably accessible to those requiring
                      thorized to use the Vehicle Registra-                    use. Inspections will meet minimum
                      tion System (VRS) of the Military Po-                    standards established by the National
                      lice Management Information System                       Highway Traffic Safety Administration
                      (MPMIS). VRS is a Standard Army                          (NHTSA) in §§ 570.1 through 570.10, part
                      Management        Information    System                  570, chapter V, title 49, Code of Federal
                      (STAMIS). For installations using                        Regulations (CFR). Lights, turn sig-
                      VRS, the maximum number of monthly                       nals, brake lights, horn, and wipers
                      computer runs will not exceed 15 in                      should be included in the inspection.
                      peacetime and 4 in wartime.                                (e) Vehicles with elevated rear ends
                        (3) When fielded, VRS–2, a redesigned                  are unsafe and will be denied registra-
                      system, will be employed by all instal-                  tion on Army, DLA, and Marine Corps
                      lations using an automated vehicle reg-                  installations. The CFR (§ 570.8 (Suspen-
                      istration program.                                       sion Systems), part 570, chapter V, title
                                                                               49) states that springs should not be ex-
                      § 634.20 Registration requirements.
                                                                               tended above the vehicle manufactur-
                         Systems for registration of POVs on                   er’s design height.
                      military     installations  within    the
                      United States or its territories and in                  § 634.21 Specifications for DD Form
                      overseas areas will include the require-                     2220.
                      ments specified below (Registration in                     (a) Use. DD Form 2220 will be used to
                      overseas commands may be modified in                     register POVs on Army, Navy, Air
                      accordance with international agree-                     Force, Marine Corps, and DLA installa-
                      ments or military necessity.)                            tions or facilities. The form is pro-
                         (a) Possession of a valid State, over-                duced in single copy for placement on
                      seas command, host nation, or inter-                     the front of the vehicle only.
                      national driver’s license (as applica-                     (1) Each Service and DLA will pro-
                      ble), supported by DD Form 2 (U.S.                       cure its own forms and installation and
                      Armed Forces Retired Identification                      expiration tabs. For the Army, the
                      Card), or other appropriate identifica-                  basic decal may be ordered through
                      tion for DOD civilians.                                  publications channels. Army installa-
                         (b) Possession of a certificate of                    tions must procure their own installa-
                      State registration as required by the                    tion and expiration tabs using installa-
                      state in which the vehicle is registered.                tion funds.
                         (c) Continuing compliance with the
                                                                                 (2) DD Form 2220 and installation and
                      minimum requirements of the auto-
                                                                               expiration tabs will be removed from
                      mobile insurance laws or regulations of
                                                                               POVs when the registration expires or
                      the State or host nation. In overseas
                                                                               is terminated.
                      commands where host nation laws do
                      not require minimum personal injury                        (3) The normal expiration term for
                      and property damage liability insur-                     registration on Army installations will
                      ance, the major overseas commander                       be 4 years.
                      may set reasonable liability insurance                     (b) Specifications. (1) DD Form 2220
                      requirements for registration and oper-                  will consist of international blue bor-
                      ation of POVs within the confines of                     ders and printing on a white back-
                      military installations and areas. Prior                  ground. Printer information will in-
                      to implementation, insurance require-                    clude the following:
                      ments in host nations should be for-                       (i) Form title (Department of Defense
                      mally coordinated with the appropriate                   Registered Vehicle).
                      host nation agency.                                        (ii) Alphanumeric individual form
                         (d) Satisfactory completion of safety                 identification number.
                      and mechanical vehicle inspection by                       (iii) DOD seal.

                                                                          46



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00046   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                      § 634.24

                        (2) Name of the installation will be                      (c) The owner is other than an active
                      specified on a separate tab abutting the                  duty military or civilian employee and
                      decal. Each Service or DLA may choose                     discontinues regular operation of the
                      optional color codes of the registrant.                   POV on the installation.
                      Army installations having vehicle reg-                      (d) The owner’s State, overseas com-
                      istration programs will use the fol-                      mand, or host nation driver’s license
                      lowing standard color scheme for the                      has been suspended or revoked, or the
                      installation tab:                                         installation driving privilege has been
                        (i) Blue-officers.                                      revoked. Where vehicle registration is
                        (ii) Red-enlisted.                                      terminated in conjunction with the
                        (iii) Green-DA civilian employees (in-                  revocation of installation driving privi-
                      cluding NAF employees).                                   leges, the affected person must apply
                        (iv) Black-Contractor personnel and                     to re-register the POV after the revoca-
                      other civilians employed on the instal-                   tion expires. Registration should not
                      lation.                                                   be terminated if other family members
                                                                                having installation driving privileges
                        (3) An expiration tab identifying the
                                                                                require use of the vehicle.
                      month and year (‘‘6–97’’) or simply the
                      year (‘‘97’’) will be abutted to the decal.               § 634.23 Specified consent to impound-
                      For identification purposes, the date of                      ment.
                      expiration will be shown in bold block
                                                                                   Personnel registering POVs on Serv-
                      numbers on a lighter contrasting back-
                                                                                ice or DLA installations must consent
                      ground such as traffic yellow, lime, or
                                                                                to the impoundment policy. POV reg-
                      orange.
                                                                                istration forms will contain or have ap-
                        (4) The decal, installation tab, and                    pended to them a certificate with the
                      expiration tab will be theft resistant                    following statement:
                      when applied to glass, metal, painted,
                      or rubberized surfaces after full adhe-                     I am aware that (insert number and title of
                      sion had developed and will be manu-                      separate Service or DLA directive) and the
                      factured to ‘‘tear’’ or ‘‘self destruct’’                 installation traffic code provide for the re-
                                                                                moval and temporary impoundment of pri-
                      when any attempt to remove it is made                     vately owned motor vehicles that are either
                      with a sharp instrument or chemical.                      parked illegally for unreasonable periods,
                        (5) On Army installations, a single                     interfering with military operations, cre-
                      decal with tabs will be prominently af-                   ating a safety hazard, disabled by incident,
                      fixed to the front windshield or bumper                   left unattended in a restricted or controlled
                      of registered vehicles. Local policy will                 area, or abandoned. I agree to reimburse the
                      specify the exact placement. Some                         United States for the cost of towing and
                                                                                storage should my motor vehicle(s), because
                      States prohibit or restrict placement of                  of such circumstances, be removed and im-
                      decals on windshields. In such cases,                     pounded.
                      State law will be complied with.

                      § 634.22 Termination or denial of reg-                       Subpart D—Traffic Supervision
                          istration.
                                                                                   SECTION I—TRAFFIC PLANNING AND
                         Installation commanders or their                                      CODES
                      designated representatives will termi-
                      nate POV registration or deny initial                     § 634.24 Traffic planning.
                      registration under the following condi-                      (a) Safe and efficient movement of
                      tions (decal and tabs will be removed                     traffic on an installation requires traf-
                      from the vehicle when registration is                     fic supervision. A traffic supervision
                      terminated):                                              program includes traffic circulation
                         (a) The owner fails to comply with                     planning, supervision, and control of
                      the registration requirements. (See                       motor vehicle traffic; publication and
                      § 634.20)                                                 enforcement of traffic laws and regula-
                         (b) The owner sells or disposes of the                 tions; and investigation of motor vehi-
                      POV, is released from active duty, is                     cle accidents.
                      separated from the Service, is trans-                        (b) Installation commanders will de-
                      ferred to a new duty station, or termi-                   velop traffic circulation plans that pro-
                      nates civilian employment with a mili-                    vide for the safest and most efficient
                      tary Service or DOD agency.                               use of primary and secondary roads.

                                                                           47



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00047   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 634.25                                                              32 CFR Ch. V (7–1–00 Edition)

                      Circulation planning should be a major                      (e) Installation commanders should
                      part of all long-range master planning                    submit requests for traffic engineering
                      at installations. The traffic circulation                 services in accordance with AR 55–80/
                      plan is developed by the installation                     OPNAVINST 11210.1B/AFR 75–88/MCO
                      law enforcement officer, engineer, safe-                  11210.2C/DLAR 4500.19.
                      ty officer, and other concerned staff
                      agencies. Highway engineering rep-                        § 634.25 Installation traffic codes.
                      resentatives from adjacent civil com-                        (a) Installation or activity com-
                      munities must be consulted to ensure                      manders will establish a traffic code
                      the installation plan is compatible                       for operation of motor vehicles on the
                      with the current and future circulation                   installation. Commanders in overseas
                      plan of the community. The plan                           areas will establish a traffic code,
                      should include the following:                             under provisions of this regulation, to
                        (1) Normal and peak load routing                        the extent military authority is em-
                      based on traffic control studies.                         powered to regulate traffic on the in-
                        (2) Effective control of traffic using                  stallation under the applicable SOFA.
                      planned direction, including measures                     Traffic codes will contain the rules of
                      for special events and adverse road or                    the road (parking violations, towing in-
                      weather conditions.                                       structions, safety equipment, and other
                        (3) Point control at congested loca-                    key provisions). These codes will,
                      tions by law enforcement personnel or                     where possible, conform to the code of
                      designated traffic directors or wardens,                  the State or host nation in which the
                      including      trained    school-crossing                 installation is located. In addition, the
                      guards.                                                   development and publication of instal-
                        (4) Use of traffic control signs and de-                lation traffic codes will be based on the
                      vices.                                                    following:
                        (5) Efficient use of available parking                     (1) Highway Safety Program Stand-
                      facilities.                                               ards (23 CFR part 1230).
                                                                                   (2) Applicable portions of the Uni-
                        (6) Efficient use of mass transpor-
                                                                                form Vehicle Code and Model Traffic
                      tation.
                                                                                Ordinance published by the National
                        (c) Traffic control studies will pro-                   Committee on Uniform Traffic Laws
                      vide factual data on existing roads,                      and Ordinances (23 CFR part 1204).
                      traffic density and flow patterns, and                       (b) The installation traffic code will
                      points of congestion. The installation                    contain policy and procedures for the
                      law enforcement officer and traffic en-                   towing, searching, impounding, and
                      gineer usually conduct coordinated                        inventorying of POVs. These provisions
                      traffic control studies to obtain the                     should be well publicized and contain
                      data. Accurate data will help deter-                      the following:
                      mine major and minor routes, location                        (1) Specific violations and conditions
                      of traffic control devices, and condi-                    under which the POV will be im-
                      tions requiring engineering or enforce-                   pounded and towed.
                      ment services.                                               (2) Procedures to immediately notify
                        (d) The Military Traffic Management                     the vehicle owner.
                      Command Transportation Engineering                           (3) Procedures for towing and storing
                      Agency (MTMCTEA) will help installa-                      impounded vehicles.
                      tion commanders solve complex high-                          (4) Actions to dispose of the vehicle
                      way traffic engineering problems.                         after lawful impoundment.
                      MTMCTEA traffic engineering services                         (c) Installation traffic codes will also
                      include—                                                  contain the provisions discussed below.
                        (1) Traffic studies of limited areas                    (Army users, see AR 385–55.)
                      and situations.                                              (1) Motorcycles and mopeds. For mo-
                        (2) Complete studies of traffic oper-                   torcycles and other self-propelled,
                      ations of entire installations. (This can                 open, two-wheel, three-wheel, and four-
                      include long-range planning for future                    wheel vehicles powered by a motor-
                      development of installation roads, pub-                   cycle-type engine, the following traffic
                      lic highways, and related facilities.)                    rules apply:
                        (3) Assistance in complying with es-                       (i) Headlights will be on at all times
                      tablished traffic engineering standards.                  when in operation.

                                                                           48



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00048   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                      § 634.26

                        (ii) A rear view mirror will be at-                     risdiction. It also delegates authority
                      tached to each side of the handle bars.                   to installation commanders to estab-
                        (iii) Approved protective helmets,                      lish additional vehicular and pedes-
                      eye protection, and highly reflective                     trian traffic rules and regulations for
                      clothing or vests will be worn by opera-                  their installations. Persons found
                      tors and passengers when in operation.                    quilty of violating the vehicular and
                        (2) Restraint systems.                                  pedestrian traffic laws made applicable
                        (i) Restraint systems (seat belts) will                 on the installation under provisions of
                      be worn by all operators and pas-                         that directive are subject to a fine of
                      sengers of U.S. Government vehicles on                    not more than $50.00 or imprisonment
                      or off the installation.                                  for not more than 30 days, or both, for
                        (ii) Restraint systems will be worn by                  each violation (40 U.S.C. 318c). In those
                      all civilian personnel (family members,                   States where traffic laws cannot be as-
                      guests, and visitors) driving or riding                   similated, an extract copy of this para-
                      in a POV on the installation.                             graph and a copy of DODD 5525.4 in Ap-
                        (iii) Restraint systems will be worn                    pendix C, will be posted in a prominent
                      by all military service members and                       place accessible to persons assigned,
                      Reserve Component members on active                       living, or working on the installation.
                      Federal service driving or riding in a                      (g) In those States where violations
                      POV whether on or off the installation.                   of traffic laws cannot be assimilated
                        (iv) Infant/child restraint devices (car                because the Federal Government’s ju-
                      seats) will be required in POVs for chil-                 risdictional authority on the installa-
                      dren 4 years old or under and not ex-                     tion or parts of the installation is only
                      ceeding 45 pounds in weight.                              proprietary, neither 18 U.S.C. 13 nor
                        (iv) Restraint systems are required                     the delegation in appendix C to part 634
                      only in cars manufactured after model                     will permit enforcement of the State’s
                      year 1966.                                                traffic laws in Federal courts. Law en-
                        (3) Headphones and earphones. The                       forcement authorities on those mili-
                      wearing of headphones or earphones is
                                                                                tary installations must rely on either
                      prohibited while driving a U.S. Govern-
                                                                                administrative sanctions related to the
                      ment vehicle, POV, motorcycle, or
                                                                                installation driving privilege or en-
                      other self-propelled two-wheel, three-
                                                                                forcement of traffic laws by State law
                      wheel, and four-wheel vehicles powered
                                                                                enforcement authorities.
                      by a motorcycle-type engine. This does
                      not negate the requirement for wearing                    SECTION II—TRAFFIC LAW ENFORCEMENT
                      hearing protection when conditions or
                      good judgment dictate use of such pro-                    § 634.26 Traffic law enforcement prin-
                      tection.                                                      ciples.
                        (d) Only administrative actions (rep-
                                                                                  (a) Traffic law enforcement should
                      rimand, assessment of points, loss of
                      on-post driving privileges, or other ac-                  motivate drivers to operate vehicles
                      tions) will be initiated against service                  safely within traffic laws and regula-
                      members for off-post violations of the                    tions and maintain an effective and ef-
                      installation traffic code.                                ficient flow of traffic. Effective en-
                        (e) In States where traffic law viola-                  forcement should emphasize voluntary
                      tions are State criminal offenses, such                   compliance by drivers and can be
                      laws are made applicable under the                        achieved by the following actions:
                      provisions of 18 U.S.C. 13 to military                      (1) Publishing a realistic traffic code
                      installations having concurrent or ex-                    well known by all personnel.
                      clusive Federal jurisdiction.                               (2) Adopting standard signs, mark-
                        (f) In those States where violations of                 ings, and signals in accordance with
                      traffic law are not considered criminal                   NHSPS and the Manual on Uniform
                      offenses and cannot be assimilated                        Traffic Control Devices for Streets and
                      under 18 USC, DODD 5525.4, in appendix                    Highways.
                      C to part 634 expressly adopts the ve-                      (3) Ensuring enforcement personnel
                      hicular and pedestrian traffic laws of                    establish courteous, personal contact
                      such States and makes these laws ap-                      with drivers and act promptly when
                      plicable to military installations hav-                   driving behavior is improper or a defec-
                      ing concurrent or exclusive Federal ju-                   tive vehicle is observed in operation.

                                                                           49



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00049   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 634.27                                                              32 CFR Ch. V (7–1–00 Edition)

                        (4) Maintaining an aggressive pro-                      equipment used by the State and will
                      gram to detect and apprehend persons                      ensure operators attend an appropriate
                      who drive while privileges are sus-                       training program. Otherwise, equip-
                      pended or revoked.                                        ment in appropriate Service or DLA ta-
                        (5) Using sound discretion and judg-                    bles of allowances will be used.
                      ment in deciding when to apprehend,                         (b) Training and certification stand-
                      issue citations, or warn the offender.                    ards. (1) The commander of each instal-
                        (b) Selective enforcement will be                       lation using traffic radar will ensure
                      used when practical. Selective enforce-                   that personnel selected as operators of
                      ment deters traffic violations and re-                    such devices meet training and certifi-
                      duces accidents by the presence or sug-                   cation requirements prescribed by the
                      gested presence of law enforcement                        States in which the installation is lo-
                      personnel at places where violations,                     cated. Specific information on course
                      congestion, or accidents frequently
                                                                                dates, costs, and prerequisites for at-
                      occur. Selective enforcement applies
                                                                                tending may be obtained by contacting
                      proper enforcement measures to traffic
                                                                                the State agency responsible for police
                      congestion and focuses on selected
                                                                                traffic radar training.
                      time periods, conditions, and violations
                      that cause accidents. The military                          (2) Installation commanders located
                      services use selective enforcement be-                    in States or overseas areas where no
                      cause that practice is the most effec-                    formal training program exists, or
                      tive use of resources.                                    where the military personnel are un-
                        (c) Enforcement activities against in-                  able or ineligible to participate in po-
                      toxicated driving will include—                           lice traffic radar training programs,
                        (1) Detecting, apprehending, and test-                  may implement their own training pro-
                      ing persons suspected of driving under                    gram or use a selected civilian institu-
                      the influence of alcohol or drugs.                        tion or manufacturer’s course.
                        (2) Training law enforcement per-                         (3) The objective of the civilian or
                      sonnel in special enforcement tech-                       manufacturer-sponsored course is to
                      niques.                                                   improve the effectiveness of speed en-
                        (3) Enforcing blood-alcohol con-                        forcement through the proper and effi-
                      centration standards. (See § 634.34.)                     cient use of speed-measurement radar.
                        (4) Denying installation driving privi-                 On successful completion, the course
                      leges to persons whose use of alcohol or                  graduate must be able to—
                      other drugs prevents safe operation of                      (i) Describe the association between
                      a motor vehicle.                                          excessive speed and accidents, deaths,
                        (d) Installation officials will formally                and injuries, and describe the traffic
                      evaluate traffic enforcement at least                     safety benefits of effective speed con-
                      once a year. That evaluation will ex-                     trol.
                      amine procedures to determine if the                        (ii) Describe the basic principles of
                      following elements of the program are                     radar speed measurement.
                      effective in reducing traffic accidents
                                                                                  (iii) Identify and describe the Serv-
                      and deaths:
                                                                                ice’s policy and procedures affecting
                        (1) Selective enforcement measures.
                                                                                radar speed measurement and speed en-
                        (2) Suspension and revocation ac-
                                                                                forcement.
                      tions.
                        (3) Chemical breath-testing pro-                          (iv) Identify the specific radar instru-
                      grams.                                                    ment used and describe the instru-
                                                                                ment’s major components and func-
                      § 634.27 Speed-measuring devices.                         tions.
                         Speed-measuring devices will be used                     (v) Demonstrate basic skills in cali-
                      in traffic control studies and enforce-                   brating and operating the specific
                      ment programs. Signs may be posted to                     radar instrument(s).
                      indicate speed-measuring devices are                        (vi) Demonstrate basic skills in pre-
                      being used.                                               paring and presenting records and
                         (a) Equipment purchases. Installations                 courtroom testimony relating to radar
                      located in States having a formal                         speed measurement and enforcement.
                      training and certification program will                     (c) Recertification. Recertification of
                      purchase the same brand and model of                      operators will occur every 3 years.

                                                                           50



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00050   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                      § 634.30

                      § 634.28 Traffic accident investigation.                    (1) Drivers or owners of POVs will be
                         Installation law enforcement per-                      required to submit a written report to
                      sonnel must make detailed investiga-                      the installation law enforcement office
                      tions of accidents described below:                       within 72 hours of an accident in the
                         (a) Accidents involving Government                     following cases:
                      vehicles or Government property on                          (i) The accident occurs on the instal-
                      the installation involving a fatality,                    lation.
                      personal injury, or estimated property                      (ii) The accident involves no personal
                      damage in the amount established by                       injury.
                      separate Service/DLA policy. (Min-                          (iii) The accident involves only
                      imum damage limits are: Army and Air                      minor damage to the POV and the ve-
                      Force, $1,000; Navy and Marine Corps,                     hicle can be safely and normally driven
                      $500.) The installation motor pool will                   from the scene.
                      provide current estimates of the cost of                    (2) Information in the written report
                      repairs. Investigations of off-installa-                  cannot be used in criminal proceedings
                      tion accidents involving Government                       against the person submitting it. With-
                      vehicles will be made in cooperation                      in the United States, the installation
                      with the civilian law enforcement                         law enforcement official may require
                      agency.                                                   such reporting on Service forms or
                         (b) POV accidents on the installation                  forms of the State jurisdiction.
                      involving a fatality, personal injury, or                   (3) Reports required in paragraph
                      estimated property damage to a POV                        (d)(1) of this section will include the
                      in excess of $1,000 or the amount estab-                  following about the accident:
                      lished by Service/DLA policy.                               (i) Location, date, and time.
                                                                                  (ii) Identification of all drivers, pe-
                      § 634.29 Traffic accident investigation                   destrians, and passengers involved.
                           reports.                                               (iii) Identification of vehicles in-
                         (a) Accidents requiring immediate re-                  volved.
                      ports. The driver or owner of any vehi-                     (iv) Speed and direction of travel of
                      cle involved in an accident, as de-                       each vehicle involved, including a
                      scribed in § 634.28, on the installation,                 sketch of the collision and roadway
                      must immediately notify the installa-                     with street names and north arrow.
                      tion law enforcement office. The oper-                      (v) Property damage involved.
                      ator of any Government vehicle in-                          (vi) Environmental conditions at the
                      volved in a similar accident off the in-                  time of the incident (weather, visi-
                      stallation must immediately notify the                    bility, road surface condition, and
                      local civilian law enforcement agency                     other factors).
                      having jurisdiction, as well as law en-                     (vii) Narrative description of the
                      forcement personnel of the nearest                        events and circumstances concerning
                      military installation.                                    the accident.
                         (b) Investigation records. Installation
                      law enforcement officials will record                     § 634.30 Traffic accident investigation
                      traffic accident investigations on Serv-                       report data.
                      ice/DLA forms. Information will be re-                       (a) Data derived from traffic accident
                      leased according to Service/DLA pol-                      investigation reports and from vehicle
                      icy, the Privacy Act, and the Freedom                     owner accident reports will be analyzed
                      of Information Act.                                       to determine probable causes of acci-
                         (c) Army law enforcement officers.                     dents. When frequent accidents occur
                      These officers provide the local Safety                   at a location, the conditions at the lo-
                      Office copies of traffic accident inves-                  cation and the types of accidents (colli-
                      tigation reports pertaining to acci-                      sion diagram) will be examined.
                      dents investigated by military police                        (b) Law enforcement personnel and
                      that resulted in a fatality, personal in-                 others who prepare traffic accident in-
                      jury, or estimated damage to Govern-                      vestigation     reports  will    indicate
                      ment vehicles or property in excess of                    whether or not seat restraint devices
                      $1,000.                                                   were being used at the time of the acci-
                         (d) POV accidents not addressed in                     dent.
                      § 638.28. Guidance for reporting these                       (c) When accidents warrant, an in-
                      cases is provided below:                                  stallation commander may establisah a

                                                                           51



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00051   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 634.31                                                             32 CFR Ch. V (7–1–00 Edition)

                      traffic accident review board. The                       be stressed on a nonreserved (first-
                      board will consist of law enforcement,                   come, first-served) basis.
                      engineer, safety, medical, and legal                       (b) Reserved parking facilities should
                      personnel. The board will determine                      be designated as parking by permit or
                      principal factors leading to the acci-                   numerically by category of eligible
                      dent and recommend measures to re-                       parkers. Designation of parking spaces
                      duce the number and severity of acci-                    by name, grade, rank, or title should be
                      dents on and off the installation. (The                  avoided.
                      Air Force will use Traffic Safety Co-                      (c) Illegal parking contributes to
                      ordinating Groups. The Navy will use                     congestion and slows traffic flow on an
                      Traffic     Safety      Councils     per                 installation. Strong enforcement of
                      OPNAVINST 5100.12D.)                                     parking restrictions results in better
                        (d) Data will be shared with the in-                   use of available parking facilities and
                      stallation legal, engineer, safety, and                  eliminates conditions causing traffic
                      transportation officers. The data will                   accidents.
                      be used to inform and educate drivers                      (d) The ‘‘Denver boot’’ device is au-
                      and to conduct traffic engineering                       thorized for use as a technique to assist
                      studies.                                                 in the enforcement of parking viola-
                        (e) Army traffic accident investiga-                   tions where immobilization of the POV
                      tion reports will be provided to Army                    is necessary for safety. Under no cir-
                      Centralized Accident Investigation of                    cumstances should the device be used
                      Ground Accidents (CAIG) boards on re-                    to punish or ‘‘teach a lesson’’ to viola-
                      quest. The CAIG boards are under the                     tors. Booting should not be used if
                      control of the Commander, U.S. Army                      other reasonably effective but less re-
                      Safety Center, Fort Rucker, Alabama                      strictive means of enforcement (such
                      36362–5363. These boards investigate                     as warnings, ticketing, reprimands,
                      Class A, on-duty, non-POV accidents                      revocations, or suspensions of on-post
                      and other selected accidents Army-                       driving privileges) are available. Proce-
                      wide. (See AR 385–40.) Local com-                        dures for booting must be developed as
                      manders provide additional board                         listed below.
                      members as required to complete a                          (1) Local standing operating proce-
                      timely and accurate investigation.                       dures (SOPs) must be developed to con-
                      Normally, additional board members                       trol the discretion of enforcers and
                      are senior equipment operators, main-                    limit booting to specific offenses. SOPs
                      tenance officer, and medical officers.                   should focus on specific reasons for
                      However, specific qualifications of the                  booting, such as immobilization of un-
                      additional board members may be dic-                     safe, uninspected, or unregistered vehi-
                      tated by the nature of the accident.                     cles or compelling the presence of re-
                        (f) The CAIG program is not intended                   peat offenders. All parking violations
                      to interfere with, impede, or delay law                  must be clearly outlined in the instal-
                      enforcement agencies in the execution                    lation traffic code.
                      of regulatory responsibilities that                        (2) Drivers should be placed on notice
                      apply to the investigation of accidents                  that particular violations or multiple
                      for a determination of criminal intent                   violations may result in booting. Also,
                      or criminal acts. Criminal investiga-                    drivers must be provided with a prompt
                      tions have priority.                                     hearing and an opportunity to obtain
                        (g) Army law enforcement agencies                      the release of their property.
                      will maintain close liaison and co-                        (3) To limit liability, drivers must be
                      operation with CAIG boards. Such co-                     warned when a boot is attached to
                      operation, particularly with respect to                  their vehicle and instructed how to
                      interviews of victims and witnesses and                  have the boot removed without dam-
                      in collection and preservation of phys-                  aging the vehicle.
                      ical evidence, should support both the
                      CAIG and law enforcement collateral                      § 634.32 Traffic violation reports.
                      investigations.                                             (a) Most traffic violations occurring
                                                                               on DOD installations (within the
                      § 634.31 Parking.                                        UNITED STATES or its territories)
                         (a) The most efficient use of existing                should be referred to the proper U.S.
                      on- and off-street parking space would                   Magistrate. (Army, see AR 190–29; DLA,

                                                                          52



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00052   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                     § 634.33

                      see DLAR 5720.4; and Air Force, see                      tained in separate Service policy direc-
                      AFR 110–15.) However, violations are                     tives.
                      not referred when—                                         (3) The assimilation of State traffic
                        (1) The operator is driving a Govern-                  laws as Federal offenses should be iden-
                      ment vehicle at the time of the viola-                   tified by a specific State code reference
                      tion.                                                    in the CODE SECTION block of the DD
                        (2) A Federal Magistrate is either not                 Form 1805 (or in a complaint filed with
                      available or lacks jurisdiction to hear                  the U.S. Magistrate).
                      the matter because the violation oc-                       (4) The Statement of Probable Cause
                      curred in an area where the Federal                      on the DD Form 1805 will be used ac-
                      Government has only proprietary legis-                   cording to local staff judge advocate
                      lative jurisdiction.                                     and U.S. Magistrate court policy. The
                        (3) Mission requirements make refer-                   Statement of Probable Cause is re-
                      ral of offenders impractical.                            quired by the Federal misdemeanor
                        (4) A U.S. Magistrate is available but                 rules to support the issuance of a sum-
                      the accused refuses to consent to the                    mons or arrest warrant.
                      jurisdiction of the court and the U.S.                     (5) For cases referred to U.S. Mag-
                      Attorney refuses to process the case                     istrates, normal distribution of DD
                      before a U.S. District Court.                            Form 1805 will be as follows:
                        (b) Installation commanders will es-                     (i) The installation law enforcement
                      tablish administrative procedures for                    official will forward copy 1 (white) and
                      processing traffic violations.                           copy 2 (yellow) to the U.S. District
                                                                               Court (Central Violation Bureau).
                        (1) All traffic violators on military
                                                                                 (ii) The installation law enforcement
                      installations will be issued either a DD
                                                                               office will file copy 3 (pink).
                      Form 1408 (Armed Forces Traffic Tick-
                      et) or a DD Form 1805 (United States                       (iii) Law enforcement personnel will
                      District Court Violation Notice), as ap-                 provide copy 4 (envelope) to the viola-
                      propriate. Unless specified otherwise                    tor.
                      by separate Service/DLA policy, only                       (e) When DD Form 1408 is used, one
                      on-duty law enforcement personnel (in-                   copy (including written warnings) will
                      cluding game wardens) designated by                      be forwarded through command chan-
                      the installation law enforcement offi-                   nels to the service members’s com-
                      cer may issue these forms.                               mander, to the commander of the mili-
                                                                               tary family member’s sponsor, or to
                        (2) A copy of all violation reports on
                                                                               the civilian’s supervisor or employer as
                      military personnel and DOD civilian
                                                                               the installation commander may estab-
                      employees apprehended for intoxicated
                                                                               lish.
                      driving will be forwarded to the instal-
                                                                                 (1) Previous traffic violations com-
                      lation alcohol and drug abuse facility.
                                                                               mitted by the offender and points as-
                        (c) Installation commanders will es-                   sessed may be shown.
                      tablish procedures used for disposing of                   (2) For violations that require a re-
                      traffic violation cases through admin-                   port of action taken, the DD Form 1408
                      istrative or judicial action consistent                  will be returned to the office of record
                      with the Uniform Code of Military Jus-                   through the reviewing authority as the
                      tice (UCMJ) and Federal law.                             installation commander may establish.
                        (d) DD Form 1805 will be used to refer                   (3) When the report is received by the
                      violations of State traffic laws made                    office of record, that office will enter
                      applicable to the installation (Assimi-                  the action on the violator’s driving
                      lative Crimes Act (18 U.S.C. 13) and app                 record.
                      C and other violations of Federal law)
                      to the U.S. Magistrate. (Army users,                     SECTION III—STANDARDS AND PROCE-
                      see AR 190–29.)                                           DURES FOR PROCESSING DRUNK DRIV-
                        (1) A copy of DD Form 1805 and any                      ERS
                      traffic violation reports on military
                      personnel and DOD civilian employees                     § 634.33 Training of law enforcement
                      will be forwarded to the commander or                        personnel.
                      supervisor of the violator.                                (a) As a minimum, installation law
                        (2) Detailed instructions for properly                 enforcement personnel will be trained
                      completing DD Form 1805 and con-                         to do the following:

                                                                          53



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00053   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 634.34                                                              32 CFR Ch. V (7–1–00 Edition)

                        (1) Recognize signs of alcohol and                        (2) If the percentage is 0.05 but less
                      other drug impairment in persons oper-                    than 0.10, presume the person is im-
                      ating motor vehicles.                                     paired. This standard may be consid-
                        (2) Prepare DD Form 1920 (Alcohol In-                   ered with other competent evidence in
                      fluence Report).                                          determining whether the person was
                        (3) Perform the three field tests of                    under the influence of alcohol.
                      the improved sobriety testing tech-                         (3) If the percentage is 0.10 or more,
                      niques (§ 634.36(b).)                                     or if tests reflect the presence of illegal
                        (4) Determine when a person appears                     drugs, the person was driving while in-
                      intoxicated but is actually physically                    toxicated.
                      or mentally ill and requires prompt                         (b) Percentages in paragraph (a) of
                      medical attention.                                        this section, are percent of weight by
                        (5) Understand the operation of                         volume of alcohol in the blood based on
                      breath-testing devices.                                   grams of alcohol per 100 milliliters of
                        (b) Each installation using breath-                     blood.
                      testing devices will ensure that opera-                     (c) The standards in paragraph (a) of
                      tors of these devices—                                    this section, may be modified locally
                        (1) Are chosen for integrity, matu-                     to agree with those established by the
                      rity, and sound judgment.                                 State or host nation.
                        (2) Meet certification requirements of                    (d) These presumptions will be con-
                      the State where the installation is lo-                   sidered with other evidence in deter-
                      cated.                                                    mining intoxication.
                        (c) Breath-testing devices must be
                      listed on the approved NHTSA con-                         § 634.35 Chemical testing policies and
                      forming products list published in the                          procedures.
                      FEDERAL REGISTER. All tests must be                          (a) Validity of chemical testing. Re-
                      administered by trained personnel as                      sults of chemical testing are valid
                      specified in § 634.36 and must adhere to                  under this regulation only under the
                      the procedures described in §§ 634.37 and                 following circumstances:
                      634.38 relating to voluntary and invol-                      (1) Blood, urine, or other bodily sub-
                      untary testing.                                           stances are tested using generally ac-
                        (d) Installations located in States or                  cepted scientific and medical methods
                      overseas areas having a formal breath-                    and standards.
                      testing and certification program                            (2) Breath tests are administered by
                      should ensure operators attend that                       qualified personnel (§ 634.33(c)).
                      training.                                                    (3) A non-portable breath-testing de-
                        (e) Installations located in States or                  vice approved by the State or host na-
                      overseas areas with no formal training                    tion is used. For Army and Marine
                      program will train personnel at courses                   Corps, the device must also be listed on
                      offered by selected civilian institutions                 the NHTSA conforming products list
                      or manufacturers of the equipment.                        published in the FEDERAL REGISTER.
                        (f) Operators must maintain pro-                        (See § 634.33.)
                      ficiency through refresher training                          (4) Procedures established by the
                      every 18 months or as required by the                     State or host nation or as prescribed in
                      State.                                                    paragraph (b) of this section are fol-
                                                                                lowed.
                      § 634.34 Blood alcohol concentration                         (b) Breath-testing device operational
                           standards.                                           procedures. If the State or host nation
                         (a) Administrative revocation of                       has not established procedures for use
                      driving privileges and other enforce-                     of breath-testing devices, the following
                      ment measures will be applied uni-                        procedures will apply:
                      formly to offenders driving under the                        (1) Portable breath-testing devices
                      influence of alcohol or drugs. When a                     will be used—
                      person is tested per § 634.8, the results                    (i) During the initial traffic stop as a
                      of the test will be evaluated as follows:                 field sobriety testing technique, along
                         (1) If the percentage of alcohol in the                with other field sobriety testing tech-
                      person’s blood is less than 0.05 percent,                 niques, to determine if further testing
                      presume the person is not under the in-                   is needed on a non-portable evidentiary
                      fluence of alcohol.                                       breath-testing device.

                                                                           54



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00054   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                     § 634.37

                        (ii) According to manufacturer oper-                   unusual or abnormal driving behavior.
                      ating instructions. (For Army and Ma-                    Drivers showing such behavior will be
                      rine Corps, the portable breath-testing                  stopped immediately. The cause of the
                      device must also be listed on the                        unusual driving behavior will be deter-
                      NHTSA conforming products list pub-                      mined, and proper enforcement action
                      lished in the FEDERAL REGISTER.)                         will be taken.
                        (2) Non-portable evidentiary breath-                     (b) When a law enforcement officer
                      testing devices will be used as follows:                 reasonably concludes that the indi-
                        (i) Observe the person to be tested for                vidual driving or in control of the vehi-
                      at least 15 minutes before collecting                    cle is impaired, field sobriety tests
                      the breath specimen. During this time,                   should be conducted on the individual.
                      the person must not drink alcoholic                      The DD Form 1920 will be used by law
                      beverages or other fluids, eat, smoke,                   enforcement agencies in examining, in-
                      chew tobacco, or ingest any substance.                   terpreting, and recording results of
                        (ii) Verify calibration and proper op-                 such tests. Law enforcement personnel
                      eration of the instrument by using a                     should use a standard field sobriety
                      control sample immediately before the                    test (such as one-leg stand or walk and
                      test.                                                    turn) and portable breathalyzers to
                        (iii) Comply with operational proce-                   conduct field sobriety tests.
                      dures in the manufacturer’s current in-
                      struction manual.                                        § 634.37 Voluntary breath and bodily
                        (iv) Perform preventive maintenance                        fluid testing based on implied con-
                      as required by the instruction manual.                       sent.
                        (c) Chemical tests of personnel in-                       (a) Implied consent policy is ex-
                      volved in fatal accidents.                               plained in § 634.8.
                        (1) Installation medical authorities                      (b) Tests may be administered only if
                      will immediately notify the installa-                    the following conditions are met:
                      tion law enforcement officer of—                            (1) The person was lawfully stopped
                        (i) The death of any person involved                   while driving, operating, or in actual
                      in a motor vehicle accident.                             physical control of a motor vehicle on
                        (ii) The circumstances surrounding                     the installation.
                      such an accident, based on information                      (2) Reasonable suspicion exists to be-
                      available at the time of admission or                    lieve that the person was driving under
                      receipt of the body of the victim.                       the influence of alcohol or drugs.
                        (2) Medical authorities will examine                      (3) A request was made to the person
                      the bodies of those persons killed in a                  to consent to the tests combined with
                      motor vehicle accident to include driv-                  a warning that failure to voluntarily
                      ers, passengers, and pedestrians subject                 submit to or complete a chemical test
                      to military jurisdiction, and other pe-                  of bodily fluids or breath will result in
                      destrians (16 years or older with spon-                  the revocation of driving privileges.
                      sor’s consent only). Tests for the pres-                    (c) As stated in paragraphs (a) and (b)
                      ence and concentration of alcohol or                     of this section, the law enforcement of-
                      other drugs in the person’s blood, bod-                  ficial relying on implied consent will
                      ily fluids, or tissues will be made as                   warn the person that driving privileges
                      soon as possible and where practical                     will be revoked if the person fails to
                      within 8 hours of death. The test re-                    voluntarily submit to or complete a re-
                      sults will be included in the medical re-                quested chemical test. The person does
                      ports.                                                   not have the right to have an attorney
                        (3) As provided by law and medical                     present before stating whether he or
                      conditions permitting, a blood or                        she will submit to a test, or during the
                      breath sample will be obtained from                      actual test. Installation commanders
                      any surviving operator whose vehicle is                  will prescribe the type or types of
                      involved in a fatal accident.                            chemical tests to be used. Testing will
                                                                               follow policies and procedures in
                      § 634.36 Detection, apprehension, and                    § 634.35. The results of chemical tests
                           testing of intoxicated drivers.                     conducted under the implied consent
                         (a) Law enforcement personnel usu-                    provisions of this regulation may be
                      ally detect drivers under the influence                  used as evidence in courts-martial,
                      of alcohol or other drugs by observing                   nonjudicial proceedings under Article

                                                                          55



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00055   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 634.38                                                             32 CFR Ch. V (7–1–00 Edition)

                      15 of the UCMJ, administrative ac-                         (1) An individual subject to the
                      tions, and civilian courts.                              UCMJ who was driving a motor vehicle
                        (d) Special rules exist for persons                    involved in an accident resulting in
                      who have hemophilia, other blood-clot-                   death, personal injury, or serious prop-
                      ting disorders, or any medical or sur-                   erty damage may be subjected to a
                      gical disorder being treated with an                     nonconsensual bodily fluid extraction
                      anticoagulant. These persons—                            to test for the presence of intoxicants
                        (1) May refuse a blood extraction test                 only when there is a probable cause to
                      without penalty.                                         believe that such an individual was
                        (2) Will not be administered a blood                   driving or in control of a vehicle while
                      extraction test to determine alcohol or                  under the influence of an intoxicant.
                      other drug concentration or presence                       (i) A search authorization by an ap-
                      under this regulation.
                                                                               propriate commander or military mag-
                        (3) May be given breath or urine
                                                                               istrate obtained pursuant to Rule 315,
                      tests, or both.
                                                                               Military Rules of Evidence (Manual for
                        (e) If a person suspected of intoxi-
                                                                               Courts-Martial, chapter XXVII), is re-
                      cated driving refuses to submit to a
                      chemical test, a test will not be admin-                 quired prior to such nonconsensual ex-
                      istered except as specified in § 634.38.                 traction.
                                                                                 (ii) A search authorization is not re-
                      § 634.38 Involuntary extraction of bod-                  quired under such circumstances when
                           ily fluids in traffic cases.                        there is a clear indication that evi-
                         (a) General. The procedures outlined                  dence of intoxication will be found and
                      herein pertain only to the investiga-                    there is reason to believe that the
                      tion of individuals stopped, appre-                      delay necessary to obtain a search au-
                      hended, or cited on a military installa-                 thorization would result in the loss or
                      tion for any offense related to driving a                destruction of the evidence sought.
                      motor vehicle and for whom probable                        (iii) Because warrantless searches are
                      cause exists to believe that such indi-                  subject to close scrutiny by the courts,
                      vidual is intoxicated. Extractions of                    obtaining an authorization is highly
                      body fluids in furtherance of other                      preferable. Warrantless searches gen-
                      kinds of investigations are governed by                  erally should be conducted only after
                      Rule 312(d), Military Rules of Evidence,                 coordination with the servicing staff
                      and regulatory rules concerning re-                      judge advocate or legal officer, and at-
                      questing and granting authorizations                     tempts to obtain authorization from an
                      for searches.                                            appropriate official prove unsuccessful
                         (1) Air Force policy on nonconsensual                 due to the unavailability of a com-
                      extraction of blood samples is ad-                       mander or military magistrate.
                      dressed in AFR 160–12.
                                                                                 (2) If authorization from the military
                         (2) Marine Corps personnel should not
                                                                               magistrate or commander proves un-
                      undertake the nonconsensual extrac-
                                                                               successful due to the unavailability of
                      tion of body fluids for reasons other
                                                                               such officials, the commander of a
                      than a valid medical purpose without
                                                                               medical facility is empowered by Rule
                      first obtaining the advice and concur-
                      rence of the installation staff judge ad-                315(d), Military Rules of Evidence, to
                      vocate or his or her designee.                           authorize such extraction from an indi-
                         (3) DLA policy on nonconsensual tak-                  vidual located in the facility at the
                      ing of blood samples is contained in                     time the authorization is sought.
                      DLAR 5700.7.                                               (i) Before authorizing the involun-
                         (b) Rule. Involuntary bodily fluid ex-                tary extraction, the commander of the
                      traction is based on valid search and                    medical     facility   should,  if   cir-
                      seizure authorization. An individual                     cumstances permit, coordinate with
                      subject to the UCMJ who does not con-                    the servicing staff judge advocate or
                      sent to chemical testing, as described                   legal officer.
                      above, may nonetheless be subjected to                     (ii) The medical facility commander
                      an involuntary extraction of bodily                      authorizing the extraction under Rule
                      fluids, including blood and urine, only                  315(d) need not be on duty as the at-
                      in accordance with the following proce-                  tending physician at the facility where
                      dures:                                                   the extraction is to be performed and

                                                                          56



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00056   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                     § 634.42

                      the actual extraction may be accom-                        (b) If the person requests this test,
                      plished by other qualified medical per-                  the apprehending police official may
                      sonnel.                                                  assist the suspect in making arrange-
                        (iii) The authorizing official may                     ments. If the police official fails to or
                      consider his or her own observations of                  cannot obtain the additional test, the
                      the individual in determining probable                   results of the tests done at the direc-
                      cause.                                                   tion of a law enforcement official are
                        (c) Role of medical personnel. Author-                 not invalid and may still be used to
                      ization for the nonconsensual extrac-                    support actions under separate Service
                      tion of blood samples for evidentiary                    regulations, UCMJ, and the U.S. Mag-
                      purposes by qualified medical per-                       istrate Court.
                      sonnel is independent of, and not lim-
                      ited by, provisions defining medical                     § 634.40 Preparation of sworn state-
                      care, such as the provision for non-                         ment.
                      consensual medical care pursuant to                         For an example of a property pre-
                      AR 600–20, section IV.                                   pared sworn statement on an intoxi-
                        (1) Extraction of blood will be accom-                 cated driver, see Army Form 2823.
                      plished by qualified medical personnel.
                      (See Military Rules of Evidence 312(g).)                     SECTION IV—OFF-INSTALLATION
                        (i) In performing this duty, medical                            TRAFFIC ACTIVITIES
                      personnel are expected to use only that
                                                                               § 634.41 General.
                      amount of force that is reasonable and
                      necessary to administer the extraction.                     In areas not under military control,
                        (ii) Any force necessary to overcome                   civil authorities enforce traffic laws.
                      an individual’s resistance to the ex-                    Law enforcement authorities will es-
                      traction normally will be provided by                    tablish a system to exchange informa-
                      law enforcement personnel or by per-                     tion with civil authorities. Off-installa-
                      sonnel acting under orders from the                      tion traffic activities in overseas areas
                      member’s unit commander.                                 are governed by formal agreements
                        (iii) Life endangering force will not                  with the host nation government. Pro-
                      be used in an attempt to effect non-                     cedures should be established to proc-
                      consensual extractions.                                  ess reports received from civil authori-
                        (iv) All law enforcement and medical                   ties on serious traffic violations, acci-
                      personnel will keep in mind the possi-                   dents, and intoxicated driving inci-
                      bility that the individual may require                   dents involving persons subject to this
                      medical attention for possible disease                   regulation.
                      or injury.
                        (2) Nonconsensual extractions of                       § 634.42 Compliance with State laws.
                      blood will be done in a manner that                         (a) Installation commanders will in-
                      will not interfere with or delay proper                  form service members and DOD civil-
                      medical attention. Medical personnel                     ian employees to comply with State
                      will determine the priority to be given                  and local traffic laws when operating
                      involuntary blood extractions when                       military motor vehicles.
                      other medical treatment is required.                        (b) Commanders will coordinate with
                                                                               the proper civil law enforcement agen-
                      § 634.39 Testing at the request of the                   cy before moving Government vehicles
                           apprehended person.                                 that exceed legal limits or regulations
                         (a) A person subject to tests under                   or that may subject highway users to
                      § 634.8 may request that an additional                   unusual       hazards.   (See    AR–162/
                      test be done privately. The person may                   OPNAVINST 4600.11D/AFR 75–24/MCO
                      choose a doctor, qualified technician,                   4643.5C/DLAR 4580.8.)
                      chemist, registered nurse, or other                         (c) Installation commanders will
                      qualified person to do the test. The per-                maintain liaison with civil enforce-
                      son must pay the cost of the test. The                   ment agencies and encourage the fol-
                      test must be a chemical test approved                    lowing:
                      by the State or host nation in an over-                     (1) Release of a Government vehicle
                      seas command. All tests will be com-                     operator to military authorities unless
                      pleted as soon as possible, with any                     one of the conditions below exists.
                      delay being noted on the results.                           (i) The offense warrants detention.

                                                                          57



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00057   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 634.43                                                              32 CFR Ch. V (7–1–00 Edition)

                        (ii) The person’s condition is such                     DA Form 3626 (Vehicle Registration/
                      that further operation of a motor vehi-                   Driver Record) for this purpose. Table
                      cle could result in injury to the person                  5–1 prescribes mandatory minimum or
                      or others.                                                maximum suspension or revocation pe-
                        (2) Prompt notice to military au-                       riods. Traffic points are not assessed
                      thorities when military personnel or                      for suspension or revocation actions.
                      drivers of Government motor vehicles
                      have—                                                     TABLE 634.44—SUSPENSION/REVOCATION
                        (i) Committed serious violations of                      OF DRIVING PRIVILEGES (SEE NOTES 1
                      civil traffic laws.                                        AND 2.)
                        (ii) Been involved in traffic acci-
                                                                                Assessment 1: Two-year revocation is manda-
                      dents.
                                                                                  tory on determination of facts by installa-
                        (3) Prompt notice of actions by a                         tion commander. (For Army, 5-year rev-
                      State or host nation to suspend, re-                        ocation is mandatory.)
                      voke, or restrict the State or host na-                   Violation: Driving while driver’s license or
                      tion driver’s license (vehicle operation                    installation driving privileges are under
                      privilege) of persons who—                                  suspension or revocation.
                        (i) Operate Government motor vehi-                      Assessment 2: One-year revocation is manda-
                      cles.                                                       tory on determination of facts by installa-
                        (ii) Regularly operate a POV on the                       tion commander.
                      installation. (See also § 634.18.)                        Violation: Refusal to submit to or failure to
                                                                                  complete chemical tests (implied consent).
                      § 634.43 Civil-military cooperative pro-                  Assessment 3: One-year revocation is manda-
                           grams.                                                 tory on conviction.
                                                                                Violation: Manslaughter (or negligent homi-
                         (a) State-Armed Forces Traffic Work-                     cide by vehicle) resulting from the oper-
                      shop Program. This program is an orga-                      ation of a motor vehicle.
                      nized effort to coordinate military and                     Driving or being in actual physical control
                      civil traffic safety activities through-                  of a motor vehicle while under the influence
                      out a State or area. Installation com-                    of intoxicating liquor (0.10% or greater on
                      manders will cooperate with State and                     DOD installations; violation of civil law off
                      local officials in this program and pro-                  post).
                      vide proper support and participation.                      Driving a motor vehicle while under the in-
                         (b)   Community-Installation    Traffic                fluence of any narcotic, or while under the
                      Workshop Program. Installation com-                       influence of any other drug (including alco-
                                                                                hol) to the degree rendered incapable of safe
                      manders should establish a local work-
                                                                                vehicle operation.
                      shop program to coordinate the instal-                      Use of a motor vehicle in the commission
                      lation traffic efforts with those of local                of a felony. Fleeing the scene of an accident
                      communities. Sound and practical traf-                    involving death or personal injury (hit and
                      fic planning depends on a balanced pro-                   run).
                      gram of traffic enforcement, engineer-                      Perjury or making a false statement or af-
                      ing, and education. Civilian and mili-                    fidavit under oath to responsible officials re-
                      tary legal and law enforcement offi-                      lating to the ownership or operation of
                      cers, traffic engineers, safety officials,                motor vehicles.
                                                                                  Unauthorized use of a motor vehicle be-
                      and public affairs officers should take
                                                                                longing to another, when the act does not
                      part.                                                     amount to a felony.
                                                                                Assessment 4: Suspension for a period of 6
                       Subpart E—Driving Records and                              months or less or revocation for a period
                           the Traffic Point System                               not to exceed 1 year is discretionary.
                                                                                Violation: Mental or physical impairment
                      § 634.44 Driving records.                                   (not including alcohol or other drug use) to
                         Each Service and DLA will use its                        the degree rendered incompetent to drive.
                      own form to record vehicle traffic acci-                    Commission of an offense in another State
                      dents, moving violations, suspension or                   which, if committed on the installation,
                                                                                would be grounds for suspension or revoca-
                      revocation actions, and traffic point
                                                                                tion.
                      assessments involving military and                          Permitting an unlawful or fraudulent use
                      DOD civilian personnel, their family                      of an official driver’s license.
                      members, and other personnel oper-                          Conviction of fleeing, or attempting to
                      ating motor vehicles on a military in-                    elude, a police officer.
                      stallation. Army installations will use                     Conviction of racing on the highway.

                                                                           58



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00058   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                      § 634.46
                      Assessment 5: Loss of OF 46 for minimum of 6              ment of fine, forfeiture of pay of allow-
                       months is discretionary.                                 ances, or posted a bond, or collateral.
                      Violation: Receiving a second 1-year suspen-
                       sion or revocation of driving privileges                 TABLE 634.46—POINT ASSESSMENT FOR
                       within 5 years.                                           MOVING TRAFFIC VIOLATIONS (SEE
                                                                                 NOTE 1.)
                                             NOTES:
                        1. When imposing a suspension or revoca-                Violation: Reckless driving (willful and wan-
                      tion because of an off-installation offense,               ton disregard for the safety of persons or
                      the effective date should be the same as the               property).
                      date of civil conviction, or the date that                Points assessed: 6
                      State or host-nation driving privileges are               Violation: Owner knowingly and willfully
                      suspended or revoked. This effective date can              permitting a physically impaired person to
                      be retroactive.                                            operate the owner’s motor vehicle.
                        2. No points are assessed for revocation or             Points assessed: 6
                      suspension actions. Except for implied con-               Violation: Fleeing the scene (hit and run)-
                      sent violations, revocations must be based                 property damage only.
                      on a conviction by a civilian court or courts-            Points assessed: 6
                      martial, nonjudicial punishment under Arti-               Violation: Driving vehicle while impaired
                      cle 15, UCMJ, or a separate hearing as ad-                 (blood-alcohol content more than 0.05 per-
                      dressed in this regulation. If revocation for              cent and less than 0.10 percent).
                      implied consent is combined with another                  Points assessed: 6
                      revocation, such as 1 year for intoxicated                Violation: Speed contests.
                      driving, revocations may run consecutively                Points assessed: 6
                      (total or 24 months) or concurrently (total of            Violation: Speed too fast for conditions.
                      12 months). The installation commander’s                  Points assessed: 2
                      policy should be applied systematically and               Violation: Speed too slow, causing potential
                      not on a case-by-case basis.                               safety hazard.
                                                                                Points assessed: 2
                                                                                Violation: Failure of operator or occupants
                      § 634.45   The traffic point system.                       to use available restraint system devices
                                                                                 while moving (operator assessed points).
                        The traffic point system provides a                     Points assessed: 2
                      uniform administrative device to im-                      Violation: Failure to property restrain chil-
                      partially judge driving performance of                     dren in a child restraint system while mov-
                      Service and DLA personnel. This sys-                       ing (when child is 4 years of age or younger
                      tem is not a disciplinary measure or a                     or the weight of child does not exceed 45
                      substitute for punitive action. Further,                   pounds).
                      this system is not intended to interfere                  Points assessed: 2
                                                                                Violation: One to 10 miles per hour over
                      in any way with the reasonable exer-                       posted speed limit.
                      cise of an installation commander’s                       Points assessed: 3
                      prerogative to issue, suspend, rovoke,                    Violation: Over 10 but not more than 15
                      deny, or reinstate installation driving                    miles per hour above posted speed limit.
                      privileges.                                               Points assessed: 4
                                                                                Violation: Over 15 but not more than 20
                      § 634.46   Point system application.                       miles per hour above posted speed limit.
                                                                                Points assessed: 5
                        (a) The Services and DLA are re-                        Violation: Over 20 miles per hour above post-
                      quired to use the point system and pro-                    ed speed limit.
                      cedures prescribed herein without                         Points assessed: 6
                      change.                                                   Violation: Following too close.
                                                                                Points assessed: 4
                        (b) The point system in table 634.46                    Violation: Failure to yield right of way to
                      applies to all operators of U.S. Govern-                   emergency vehicle.
                      ment motor vehicles, on or off Federal                    Points assessed: 4
                      property. The system also applies to                      Violation: Failure to stop for school bus or
                      violators reported to installation offi-                   school-crossing signals.
                      cials in accordance with § 634.32.                        Points assessed: 4
                        (c) Points will be assessed when the                    Violation: Failure to obey traffic signals or
                                                                                 traffic instructions of an enforcement offi-
                      person is found to have committed a
                                                                                 cer or traffic warden; or any official regu-
                      violation and the finding is by either                     latory traffic sign or device requiring a full
                      the unit commander, civilian super-                        stop or yield of right of way; denying
                      visor, a military or civilian court (in-                   entry; or requiring direction of traffic.
                      cluding a U.S. Magistrate), or by pay-                    Points assessed: 4

                                                                           59



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00059   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 634.47                                                              32 CFR Ch. V (7–1–00 Edition)
                      Violation: Improper passing.                                 (c) On receipt of the report of action
                      Points assessed: 4                                        taken (including action by a U.S. Mag-
                      Violation: Failure to yield (no official sign             istrate Court on DD Form 1805), the in-
                       involved).
                      Points assessed: 4
                                                                                stallation law enforcement officer will
                      Violation: Improper turning movements (no                 assess the number of points appro-
                       official sign involved).                                 priate or the offense, and record the
                      Points assessed: 3                                        traffic points or the suspension or rev-
                      Violation: Wearing of headphones/earphones                ocation of driving privileges on the
                       while driving motor vehicles (two or more                person’s driving record. Except as spec-
                       wheels).                                                 ified otherwise in this and other vice/
                      Points assessed: 3
                                                                                DLA regulations, points will not be as-
                      Violation: Failure to wear an approved hel-
                       met and/or reflectorized vest while oper-                sessed or driving privileges suspended
                       ating or riding on a motorcycle, MOPED,                  or revoked when the report of action
                       or a three or four-wheel vehicle powered by              taken indicates that neither discipli-
                       a motorcycle-like engine.                                nary nor administrative action was
                      Points assessed: 3                                        taken.
                      Violation: Improper overtaking.                              (d) Installation commanders may re-
                      Points assessed: 3                                        quire the following driver improvement
                      Violation: Other moving violations (involv-
                                                                                measures as appropriate:
                       ing driver behavior only).
                      Points assessed: 3                                           (1) Advisory letter through the unit
                      Violation: Operating an unsafe vehicle. (See              commander or supervisor to any person
                       Note 2.)                                                 who has acquired six traffic points
                      Points assessed: 2                                        within a 6-month period.
                      Violation: Driver involved in accident is                    (2) Counseling or driver improvement
                       deemed responsible (only added to points                 interview, by the unit commander, of
                       assessed for specific offenses).                         any person who has acquired more than
                      Points assessed: 1
                                                                                six but less than 12 traffic points with-
                                             NOTES:                             in a 6-month period. This counseling or
                                                                                interview should produce recommenda-
                        1. When two or more violations are com-
                      mitted on a single occasion, the points as-               tions to improve driver performance.
                      sessed will be for the offense having the                    (3) Referral for medical evaluation
                      greater value.                                            when a driver, based on reasonable be-
                        2. This measure should be used for other                lief, appears to have mental or physical
                      than minor vehicle safety defects or when a               limits that have had or may have an
                      driver or registrant fails to correct a minor             adverse affect on driving performance.
                      defect (for example, a burned out headlight                  (4) Attendance at remedial driver
                      not replaced within the grace period on a
                                                                                training to improve driving perform-
                      warning ticket).
                                                                                ance.
                                                                                   (5) Referral to an alcohol or drug
                      § 634.47 Point system procedures.                         treatment or rehabilitation facility for
                         (a) Reports of moving traffic viola-                   evaluation, counseling, or treatment.
                      tions recorded on DD From 1408 or DD                      This action is required for active mili-
                      From 1805 will serve as a basis for de-                   tary personnel in all cases in which al-
                      termining point assessment. For DD                        cohol or other drugs are a contributing
                      Form 1408, return endorsements will be                    factor to a traffic citation, incident, or
                      required from commanders or super-                        accident.
                      visors.                                                      (e) An individual’s driving privileges
                         (b) On receipt of DD Form 1408 or                      may be suspended or revoked as pro-
                      other military law enforcement report                     vided by this regulation regardless of
                      of a moving violation, the unit com-                      whether these improvement measures
                      mander, designated supervisor, or per-                    are accomplished.
                      son otherwise designated by the instal-                      (f) Persons whose driving privileges
                      lation commander will conduct an in-                      are suspended or revoked (for one vio-
                      quiry. The commander will take or rec-                    lation or an accumulation of 12 traffic
                      ommend proper disciplinary or admin-                      points within 12 consecutive months,
                      istrative action. If a case involves judi-                or 18 traffic points within 24 consecu-
                      cial or nonjudicial actions, the final re-                tive months) will be notified in writing
                      port of action taken will not be for-                     through official channels (§ 634.11). Ex-
                      warded until final adjudication.                          cept for the mandatory minimum or

                                                                           60



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00060   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                     § 634.49

                      maximum suspension or revocation pe-                     on intoxicated driving or accumulation
                      riods prescribed by table 634.44, the in-                of traffic points. Traffic points for per-
                      stallation commander will establish                      sons being transferred will continue to
                      periods of suspension or revocation.                     accumulate as specified in § 634.47(g).
                      Any revocation based on traffic points                      (b) Driving records of military per-
                      must be no less than 6 months. A                         sonnel being discharged or released
                      longer period may be imposed on the                      from active duty will be retained on
                      basis of a person’s overall driving                      file for 2 years and then destroyed. In
                      record considering the frequency, fla-                   cases of immediate reenlistment,
                      grancy, severity of moving violations,                   change of officer component or mili-
                      and the response to previous driver im-                  tary or civilian retirement when vehi-
                      provement measures. In all cases, mili-                  cle registration is continued, the
                      tary members must successfully com-                      record will remain active.
                      plete a prescribed course in remedial                       (c) Driving records of civilian per-
                      driver training before driving privi-                    sonnel terminating employment will be
                      leges are reinstated.
                                                                               retained on file for 2 years and then de-
                        (g) Points assessed against a person
                                                                               stroyed.
                      will remain in effect for point accumu-
                      lation purposes for 24 consecutive                          (d) Driving records of military family
                      months. The review of driver records to                  members containing point assessments
                      delete traffic points should be done                     or other entries will be forwarded to
                      routinely during records update while                    the sponsor’s gaining installation in
                      recording new offenses and forwarding                    the same manner as for service mem-
                      records to new duty stations. Comple-                    bers. At the new installation, records
                      tion of a revocation based on points re-                 will be analyzed and made available
                      quires removal from the driver record                    temporarily to the sponsor’s unit com-
                      of all points assessed before the revoca-                mander or supervisor for review.
                      tion.                                                       (e) Driving records of retirees elect-
                        (h) Removal of points does not au-                     ing to retain installation driving privi-
                      thorize removal of driving record en-                    leges will be retained. Points accumu-
                      tries for moving violations, chargeable                  lated or entries on the driver record re-
                      accidents, suspensions, or revocations.                  garding suspensions, revocations, mov-
                      Record entries will remain posted on                     ing violations, or chargeable accidents
                      individual driving records for the pe-                   will not be deleted from driver records
                      riod of time indicated below.                            except per § 634.47 (g) and (h).
                        (1) Chargeable nonfatal traffic acci-                     (f) Army users will comply with
                      dents or moving violations—3 years.                      § 634.47 (g) and (h) by mailing the indi-
                        (2) Nonmandatory suspensions or rev-                   vidual’s DA Form 3626 to the gaining
                      ocations—5 years.                                        installation provost marshal.
                        (3) Mandatory revocations—7 years.
                      § 634.48 Disposition of driving records.                  Subpart F—Impounding Privately
                                                                                        Owned Vehicles
                         Procedures will be established to en-
                      sure prompt notice to the installation                   § 634.49   General.
                      law enforcement officer when a person
                      assigned to or employed on the instal-                     This chapter provides the standards
                      lation is being transferred to another                   and procedures for law enforcement
                      installation, being released from mili-                  personnel when towing, inventorying,
                      tary service, or ending employment.                      searching, impounding, and disposing
                         (a) If persons being transferred to a                 of POVs. This policy is based on:
                      new installation have valid points or                      (a) The interests of the Services and
                      other entries on the driving records,                    DLA in crime prevention, traffic safe-
                      the law enforcement officer will for-                    ty, and the orderly flow of vehicle traf-
                      ward the records to the law enforce-                     fic movement.
                      ment officer of the gaining installa-                      (b) The vehicle owner’s constitu-
                      tion. Gaining installation law enforce-                  tional rights to due process, freedom
                      ment officers must coordinate with ap-                   from unreasonable search and seizure,
                      plicable commanders and continue any                     and freedom from deprivation of pri-
                      existing suspension or revocation based                  vate property.

                                                                          61



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00061   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 634.50                                                              32 CFR Ch. V (7–1–00 Edition)

                      § 634.50 Standards for impoundment.                         (3) The POV has been used in a crime
                         (a) POVs should not be impounded                       or contains evidence of criminal activ-
                      unless the vehicles clearly interfere                     ity.
                      with ongoing operations or movement                         (4) The owner or person in charge has
                      of traffic, threaten public safety or                     been apprehended and is unable or un-
                      convenience, are involved in criminal                     willing to arrange for custody or re-
                      activity, contain evidence of criminal                    moval.
                      activity, or are stolen or abandoned.                       (5) The POV is mechanically defec-
                         (b) The impoundment of a POV would                     tive and is a menace to others using
                      be inappropriate when reasonable al-                      the public roadways.
                      ternatives to impoundment exist.                            (6) The POV is disabled by a traffic
                         (1) Attempts should be made to lo-                     incident and the operator is either un-
                      cate the owner of the POV and have                        available or physically incapable of
                      the vehicle removed.                                      having the vehicle towed to a place of
                         (2) The vehicle may be moved a short                   safety for storage or safekeeping.
                      distance to a legal parking area and                        (7) Law enforcement personnel rea-
                      temporarily secured until the owner is                    sonably believe the vehicle is aban-
                      found.                                                    doned.
                         (3) Another responsible person may
                                                                                § 634.51 Towing and storage.
                      be allowed to drive or tow the POV
                      with permission from the owner, oper-                        (a) Impounded POVs may be towed
                      ator, or person empowered to control                      and stored by either the Services and
                      the vehicle. In this case, the owner, op-                 DLA or a contracted wrecker service
                      erator, or person empowered to control                    depending on availability of towing
                      the vehicle will be informed that law                     services and the local commander’s
                      enforcement personnel are not respon-                     preference.
                      sible for safeguarding the POV.                              (b) The installation commander will
                         (c) Impounding of POVs is justified                    designate an enclosed area on the in-
                      when any of the following conditions                      stallation that can be secured by lock
                      exist:                                                    and key for an impound lot to be used
                         (1) The POV is illegally parked—                       by the military or civilian wrecker
                         (i) On a street or bridge, in a tunnel,                service. An approved impoundment
                      or is double parked, and interferes with                  area belonging to the contracted
                      the orderly flow of traffic.                              wrecker service may also be used pro-
                         (ii) On a sidewalk, within an intersec-                vided the area assures adequate ac-
                      tion, on a cross-walk, on a railroad                      countability and security of towed ve-
                      track, in a fire lane, or is blocking a                   hicles. One set of keys to the enclosed
                      driveway, so that the vehicle interferes                  area will be maintained by the instal-
                      with operations or creates a safety haz-                  lation law enforcement officer or des-
                      ard to other roadway users or the gen-                    ignated individual.
                      eral public. An example would be a ve-                       (c) Temporary impoundment and
                      hicle parked within 15 feet of a fire hy-                 towing of POVs for violations of the in-
                      drant or blocking a properly marked                       stallation traffic code or involvement
                      driveway of a fire station or aircraft-                   in criminal activities will be accom-
                      alert crew facility.                                      plished under the direct supervision of
                         (iii) When blocking an emergency                       law enforcement personnel.
                      exit door or any public place (installa-
                      tion theater, club, dining hall, hos-                     § 634.52 Procedures for impoundment.
                      pital, and other facility).                                  (a) Unattended POVs. (1) DD Form
                         (iv) In a ‘‘tow-away’’ zone that is so                 2504 (Abandoned Vehicle Notice) will be
                      marked with proper signs.                                 conspicuously placed on POVs consid-
                         (2) The POV interferes with—                           ered unattended. This action will be
                         (i) Street cleaning or snow removal                    documented by an entry in the instal-
                      operations and attempts to contact the                    lation law enforcement desk journal.
                      owner have been unsuccessful.                                (2) The owner will be allowed 3 days
                         (ii) Emergency operations during a                     from the date the POV is tagged to re-
                      natural disaster or fire or must be re-                   move the vehicle before impoundment
                      moved from the disaster area during                       action is initiated. If the vehicle has
                      cleanup operations.                                       not been removed after 3 days, it will

                                                                           62



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00062   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                             Pt. 634, App. A

                      be removed by the installation towing                    ity will likely occur in one of the fol-
                      service or the contracted wrecker serv-                  lowing general situations:
                      ice. If a contracted wrecker service is                    (a) The owner or operator is not
                      used, a DD Form 2505 (Abandoned Vehi-                    present. This situation could arise dur-
                      cle Removal Authorization) will be                       ing traffic and crime-related impound-
                      completed and issued to the contractor                   ments and abandoned vehicle seizures.
                      by the installation law enforcement of-                  A property search related to an inves-
                      fice.                                                    tigation of criminal activity should not
                        (3) After the vehicle has been re-                     be conducted without search authority
                      moved, the installation law enforce-                     unless the item to be seized is in plain
                      ment officer or the contractor will                      view or is readily discernible on the
                      complete DD Form 2506 (Vehicle Im-                       outside as evidence of criminal activ-
                      poundment Report) as a record of the                     ity. When in doubt, proper search au-
                      actions taken.                                           thority should be obtained before
                        (i) An inventory listing personal                      searching.
                      property will be done to protect the                       (b) The owner or operator is present.
                      owner, law enforcement personnel, the                    This situation can occur during either
                      contractor, and the commander.                           a traffic or criminal incident, or if the
                        (ii) The contents of a closed con-                     operator is apprehended for a crime or
                      tainer such as a suitcase inside the ve-                 serious traffic violation and sufficient
                      hicle need not be inventoried. Such ar-                  probable cause exists to seize the vehi-
                      ticles should be opened only if nec-                     cle. This situation could also arise dur-
                      essary to identify the owner of the ve-                  ing cases of intoxicated driving or traf-
                      hicle or if the container might contain                  fic accidents in which the operator is
                      explosives or otherwise present a dan-                   present but incapacitated or otherwise
                      ger to the public. Merely listing the                    unable to make adequate arrangements
                      container and sealing it with security                   to safeguard the vehicle. If danger ex-
                      tape will suffice.                                       ists to the police or public or if there is
                        (iii) Personal property must be                        risk of loss or destruction of evidence,
                      placed in a secure area for safekeeping.                 an investigative type search of the ve-
                        (4) DD Form 2507 (Notice of Vehicle                    hicle may be conducted without search
                      Impoundment) will be forwarded by                        authority. (Army, see AR 190–22; and
                      certified mail to the address of the last                Air Force, see AFP 125–2.)
                      known owner of the vehicle to advise
                      the owner of the impoundment action,                     § 634.54 Disposition of vehicles after
                      and request information concerning                           impoundment.
                      the owner’s intentions pertaining to                       (a) If a POV is impounded for evi-
                      the disposition of the vehicle.                          dentiary purposes, the vehicle can be
                        (b) Stolen POVs or vehicles involved in                held for as long as the evidentiary or
                      criminal activity. (1) When the POV is to                law enforcement purpose exists. The
                      be held for evidentiary purposes, the                    vehicle must then be returned to the
                      vehicle should remain in the custody of                  owner without delay unless directed
                      the applicable Service or DLA until                      otherwise by competent authority.
                      law enforcement purposes are served.                       (b) If the vehicle is unclaimed after
                        (2) Recovered stolen POVs will be re-                  120 days from the date notification was
                      leased to the registered owner, unless                   mailed to the last known owner or the
                      held for evidentiary purposes, or to the                 owner released the vehicle by properly
                      law enforcement agency reporting the                     completing DD Form 2505, the vehicle
                      vehicle stolen, as appropriate.                          will be disposed of by one of the fol-
                        (3) A POV held on request of other                     lowing procedures:
                      authorities will be retained in the cus-
                                                                                 (1) Release to the lienholder, if
                      tody of the applicable Service or DLA
                                                                               known.
                      until the vehicle can be released to
                      such authorities.                                          (2) Processed as abandoned property
                                                                               in accordance with DOD 4160.21–M.
                      § 634.53 Search incident to impound-
                          ment based on criminal activity.                     APPENDIX A TO PART 634—REFERENCES
                         Search of a POV in conjunction with                     Publications and forms referenced in this
                      impoundment based on criminal activ-                     part may be viewed at the Office of Provost

                                                                          63



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00063   Fmt 8010   Sfmt 8002   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Pt. 634, App. B                                                       32 CFR Ch. V (7–1–00 Edition)
                      Marshal at any Army installation. Depart-                                        Section II
                      ment of Defense publications are also avail-
                      able from the National Technical Informa-                              Related Publications
                      tion Service, U.S. Department of Commerce,                  A related publication is merely a source of
                      5285 Port Royal Road, Springfield, VA 22161;              additional information. The user does not
                      telephone (703) 487–4684.                                 have to read it to understand this regula-
                                                                                tion.
                                            Section I
                                                                                AR 600–37. Unfavorable Information.
                                   Required Publications                        AR 600–200. Enlisted Personnel Management
                                                                                  System.
                      AFP 125–2. Technical Guide for Police Traffic             AR 635–20. Enlisted Personnel.
                       Operations. (Cited in § 634.53.)
                      AFR 30–2. Social Action Program. (Cited in                                       Section III
                       § 634.13.)
                                                                                               Prescribed Forms
                      AFR 75–24/AR 55–162/DLAR 4580.8/MCO 4643.5C/
                       OPNAVINST 4600.11D. Permits for Oversize,                DA Form 3626. Vehicle Registration/Driver
                       Overweight, or Other Special Military                     Record. (Prescribed in § 634.44.)
                       Movements on Public Highways in the U.S.                 DD Form 1920. Alcohol Influence Report.
                       (Cited in § 634.42.)                                      (Prescribed in § 634.33.)
                      AFR     75–88/AR      55–80/DLAR    4500.19/MCO           DD Form 2220. DOD Registered Vehicle. (Pre-
                       11210.2C/OPNAVINST 11210.1B. Highways for                 scribed in § 634.19.)
                       National Defense. (Cited in § 634.32.)                   DD Form 2504. Abandoned Vehicle Notice.
                      AFR 110–15. Use of U.S. Magistrates for Trial              (Prescribed in § 634.52.)
                       of Misdemeanors Committed by Civilians.                  DD Form 2505. Abandoned Vehicle Removal
                       (Cited in § 634.32.)                                      Authorization. (Prescribed in § 634.52.)
                      AFR 125–15. Motor Vehicle Registration and                DD Form 2506. Vehicle Impoundment Report.
                       Related Requirements. (Cited in § 634.19.)                (Prescribed in § 634.52.)
                      AFR 160–12. Professional Policies and Proce-              DD Form 2507. Notice of Vehicle Impound-
                       dures. (Cited in § 634.38.)                               ment. (Prescribed in § 634.52.)
                      AR 190–22. Searches, Seizures, and Disposi-
                       tion of Property. (Cited in § 634.53.)                   APPENDIX B TO PART 634—NOTIFICATION
                      AR 190–29. Minor Offenses and Uniform Viola-               OF STATE DRIVER’S LICENSE AGENCIES
                       tion Notices Referred to U.S. District                     The installation commander will notify
                       Courts. (Cited in § 634.32.)                             the State driver’s license agency of those
                      AR 210–10. Administration. (Cited in § 634.7.)            personnel whose installation driving privi-
                      AR–385–40. Accident Reporting and Records.                leges are revoked for 1 year or more, fol-
                       (Cited in § 634.30.)                                     lowing final adjudication of the intoxicated
                      AR 385–55. Prevention of Motor Vehicle Acci-              driving offense or for refusing to submit to a
                       dents. (Cited in § 634.25.)                              lawful blood-alcohol content test in accord-
                      AR 600–20. Army Command Policies and Pro-                 ance with § 634.8. This notification will in-
                       cedures. (Cited in § 634.38.)                            clude the basis for the suspension and the
                      AR 600–85. Alcohol and Drug Abuse Preven-                 blood-alcohol level. The notification will be
                       tion and Control Program. (Cited in                      sent to the State in which the driver’s li-
                       § 634.14.)                                               cense was issued. A sample letter format is
                      AR 601–280. Total Army Retention Program.                 provided at figure B–1. State driver’s license
                       (Cited in § 634.12.)                                     agencies are listed below:
                      DLAR 5700.7. Search and Seizure. (Cited in                                       Alabama
                       §§ 634.7 and 634.38.)
                      DLAR 5720.4. Preparing and Processing Minor               Motor Vehicle Division, 2721 Gunter Park
                       Offenses and Violation Notices Referred to                Drive, Montgomery, AL 36101, (205) 271–3250
                       U.S. District Court. (Cited in § 634.32.)
                                                                                                        Alaska
                      DOD 4160.21–M, September 1982. Defense Dis-
                       posal Manual. (Cited in § 634.54.)                       Motor Vehicle Division, P.O. Box 100960, An-
                      DODD 5530.3, June 1987. International Argu-                chorage, AK 99510, (907) 269–5572
                       ments. (Cited in § 634.18.)
                                                                                                        Arizona
                      FPM Supp 792–2. Alcohol and Drug Abuse
                       Programs. (Cited in § 634.14.)                           Motor Vehicle Division, 1801 West Jefferson
                      MCO 5100.19C. Marine Corps Traffic Safety                  Street, Phoenix, AZ 85007, (602) 255–7295
                       Program. (Cited in § 634.13.)
                      MCO P5300.12. USMC Substance Abuse Pro-                                          Arkansas
                       gram. (Cited in §§ 634.13 and 634.30.)                   Motor Vehicle Division, Joel & Ledbetter
                      OPNAVINST 5100–12D. Navy Traffic Safety                    Bldg., 7th and Wolfe Streets, Little Rock,
                       Program. (Cited in §§ 634.13 and 634.30.)                 AR 72203, (501) 371–1886

                                                                           64



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00064   Fmt 8010   Sfmt 8002     Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                   Pt. 634, App. B
                                            California                                                  Kentucky
                      Department of Motor Vehicles, P.O. Box                     Department of Transportation, New State
                       932340, Sacramento, CA 94232, (916) 445–0898               Office Building, Frankfort, KY 40622, (502)
                                                                                  564–4540
                                             Colorado
                                                                                                        Louisiana
                      Motor Vehicle Division, 140 West Sixth Ave-
                       nue, Denver, CO 80204, (303) 866–3158                     Motor Vehicle Administrator, S. Foster
                                                                                  Drive, Baton Rouge, LA 70800, (504) 925–6304
                                            Connecticut
                                                                                                         Maine
                      Department of Motor Vehicles, 60 State
                                                                                 Department of State, Motor Vehicle Divi-
                       Street, Wethersfield, CT 06109, (203) 566–5904
                                                                                  sion, Augusta, ME 04333, (207) 289–5440
                                             Delaware
                                                                                                        Maryland
                      Motor Vehicle Director, State Highway Ad-                  Motor Vehicle Administration, 6601 Ritchie
                       ministration Bldg., P.O. Box 698, Dover, DE                Highway, NE., Glen Burnie, MD 21062, (301)
                       19903, (302) 736–4421                                      768–7000
                                     District of Columbia                                          Massachusetts
                      Department of Transportation, Bureau of                    Registry of Motor Vehicles, 100 Nashua
                       Motor Vehicles, 301 C Street, NW., Wash-                   Street, Boston, MA 02114, (617) 727–3780
                       ington, DC 20001, (202) 727–5409
                                                                                                        Michigan
                                              Florida
                                                                                 Department of State, Division of Driver Li-
                      Division of Motor Vehicles, Neil Kirkman                    censes and Vehicle Records, Lansing, MI
                       Building, Tallahassee, FL 32301, (904) 488–                48918, (517) 322–1486
                       6921
                                                                                                        Minnesota
                                             Georgia                             Department of Public Safety, 108 Transpor-
                      Motor Vehicle Division, Trinity-Washington                  tation Building, St. Paul, MN 55155, (612)
                       Bldg., Room 114, Atlanta, GA 30334, (404)                  296–2138
                       656–4149
                                                                                                    Mississippi
                                              Hawaii                             Office of State Tax Commission, Woolfolk
                      Division of Motor Vehicle and Licensing, 1455                Building, Jackson, MS 39205, (601) 982–1248
                       S. Benetania Street, Honolulu, HI 96814,                                         Missouri
                       (808) 943–3221
                                                                                 Department of Revenue, Motor Vehicles Bu-
                                              Idaho                               reau, Harry S Truman Bldg., 301 W. High
                                                                                  Street, Jefferson City, MO 65105, (314) 751–
                      Transportation Department, 3311 State
                                                                                  3234
                       Street, P.O. Box 34, Boise, ID 83731, (208)
                       334–3650                                                                         Montana
                                              Illinois                           Highway Commission, Box 4639, Helena, MT
                                                                                  59604, (406) 449–2476
                      Secretary of State, Centennial Building,
                       Springfield, IL 62756, (217) 782–4815                                            Nebraska

                                             Indiana                             Department of Motor Vehicles, P.O. Box
                                                                                  94789, Lincoln, NE 68509, (402) 471–3891
                      Bureau of Motor Vehicles, State Office
                       Building, Room 901, Indianapolis, IN 46204,                                       Nevada
                       (317) 232–2701                                            Department of Motor Vehicles, Carson City,
                                                                                  NV 89711, (702) 885–5370
                                               Iowa
                      Department of Transportation, Office of Op-                                 New Hampshire
                       erating Authority, Lucas Office Bldg., Des                Department of Safety, Division of Motor Ve-
                       Moines, IA 50319, (515) 281–5664                           hicles, James H. Haynes Bldg., Concord,
                                                                                  NH 03305, (603) 271–2764
                                              Kansas
                                                                                                    New Jersey
                      Department of Revenue, Division of Vehi-
                       cles, Interstate Registration Bureau, State               Motor Vehicle Division, 25 S. Montgomery
                       Office Bldg. Topeka, KS 66612, (913) 296–3681              Street, Trenton, NJ 08666, (609) 292–2368

                                                                            65



VerDate 11<MAY>2000    12:42 Aug 17, 2000    Jkt 190119   PO 00000   Frm 00065   Fmt 8010   Sfmt 8002    Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Pt. 634, App. B                                                        32 CFR Ch. V (7–1–00 Edition)
                                            New Mexico                                                  Vermont
                      Motor Transportation Division, Joseph M.                   Department of Motor Vehicles, State Street,
                       Montoya Building, Santa Fe, NM 87503,                      Montpelier, VT 05603, (802) 828–2014
                       (505) 827–0392
                                                                                                        Virginia
                                             New York
                                                                                 Department of Motor Vehicles, 2300 W. Broad
                      Division of Motor Vehicles, Empire State                    Street, Richmond, VA 23220, (804) 257–1855
                       Plaza, Albany, NY 12228, (518) 474–2121
                                                                                                    Washington
                                        North Carolina
                                                                                 Department of Licensing, Highways-Licenses
                      Division of Motor Vehicles, Motor Vehicles                  Building, Olympia, WA 98504, (206) 753–6975
                       Bldg., Raleigh, NC 27697, (919) 733–2403
                                                                                                   West Virginia
                                        North Dakota
                                                                                 Department of Motor Vehicles, 1800 Wash-
                      Motor Vehicle Department, Capitol Grounds,                  ington Street, East, Charleston, WV 25317,
                       Bismarck, ND 58505, (701) 224–2619                         (304) 348–2719
                                               Ohio                                                     Wisconsin
                      Bureau of Motor Vehicles, P.O. Box 16520, Co-              Department of Transportation, Reciprocity
                       lumbus, OH 43216, (614) 466–4095                           and Permits, P.O Box 7908, Madison, WI
                                                                                  53707, (608) 266–2585
                                             Oklahoma
                      Oklahoma Tax Commission, Motor Vehicle                                            Wyoming
                       Division, 2501 Lincoln Boulevard, Okla-                   Department of Revenue, Policy Division, 122
                       homa City, OK 73194, (405) 521–3036                        W. 25th Street, Cheyenne, WY 82002, (307)
                                              Oregon                              777–5273

                      Motor Vehicles Division, 1905 Lana Avenue,                                         Guam
                       NE., Salem, OR 97314, (503) 378–6903                      Deputy Director, Revenue and Taxation,
                                        Pennsylvania                              Government of Guam, Agana, Guam 96910,
                                                                                  (no phone number available)
                      Department of Transportation, Bureau of
                       Motor Vehicles, Transportation and Safety                                    Puerto Rico
                       Bldg., Harrisburg, PA 17122, (717) 787–3130               Department of Transportation and Public
                                            Rhode Island                          Works, Bureau of Motor Vehicles, P.O. Box
                                                                                  41243, Minillas Station, Santurce, PR 00940,
                      Department of Motor Vehicles, State Office                  (809) 722–2823
                       Building, Providence, RI 02903, (401) 277–
                       6900                                                         FIGURE B–1—SAMPLE LETTER TO STATE
                                                                                        DRIVER’S LICENSE AUTHORITY
                                        South Carolina
                                                                                            DEPARTMENT OF THE ARMY
                      Motor Vehicle Division, P.O. Drawer 1498,
                       Columbia, SC 29216, (803) 758–5821                         39th Infantry Division, Fort Collins, Colorado
                                                                                                   81079–9906
                                        South Dakota
                                                                                 Office of the Provost Marshal,
                      Division of Motor Vehicles, 118 W. Capitol,                Motor Vehicle Division, 140 West Sixth Avenue,
                       Pierre, SD 57501, (605) 773–3501                              Denver, Colorado 80204.
                                             Tennessee                             This letter is your notification that on 15
                                                                                 May 1996, ROE, Richard L., PFC 000–00–0000,
                      Department of Revenue, Motor Vehicle Divi-
                                                                                 a member of the U.S. Army, 39th Infantry
                       sion, 500 Deaderick Street, Nashville, TN
                                                                                 Division, Fort Collins, Colorado was found
                       37242, (615) 741–1786
                                                                                 guilty of intoxicated driving in a trial by
                                               Texas                             court-martial.
                                                                                   He holds a Colorado driver’s license, num-
                      Department of Highways and Public Trans-                   ber X94U28, issued 1 June 1995, and expiring
                       portation, Motor Vehicle Division, 40th                   on 1 June 1999. He was arrested on 15 May
                       and Jackson Avenue, Austin, TX 78779,                     1996 at Fort Collins, Colorado by Military
                       (512) 475–7686                                            Police while driving a 1989 Chevrolet Nova,
                                                                                 blue in color, bearing Colorado license plate
                                               Utah
                                                                                 number 359–143.
                      Motor Vehicle Division, State Fairgrounds,                   PFC Roe refused to submit to a chemical
                       1095 Motor Avenue, Salt Lake City, UT                     test to determine his blood alcohol content
                       84116, (801) 533–5311                                     after being advised of the implied consent

                                                                            66



VerDate 11<MAY>2000    12:42 Aug 17, 2000    Jkt 190119   PO 00000   Frm 00066   Fmt 8010   Sfmt 8002    Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                 Pt. 634, App. C
                      provisions of the Fort Collins installation               safety program be established and main-
                      traffic code.                                             tained at all military installations as pre-
                        Based on the above information, PFC Roe’s               scribed in reference (a).
                      installation driving privileges have been re-               2. State vehicular and pedestrian traffic
                      voked for one year.                                       laws that are now or may hereafter be in ef-
                        PFC Roe’s current address is 1511 Mountain              fect shall be expressly adopted and made ap-
                      View Road, Denver, Colorado 80206.                        plicable on military installations to the ex-
                            Sincerely,                                          tent provided by this Directive. All persons
                      Max R. Smith,                                             on a military installation shall comply with
                      CPT, MPC, AR 19 Administrative Officer.                   the vehicular and pedestrian traffic laws of
                                                                                the state in which the installation is located.
                      APPENDIX C TO PART 634—DOD DIREC-                           3. Pursuant to the authority established in
                         TIVE 5525.4, ENFORCEMENT OF STATE                      enclosure 1, installation commanders of all
                         LAWS ON DOD INSTALLATIONS                              DoD installations in the United States and
                                                                                over which the United States has exclusive
                           DEPARTMENT OF DEFENSE DIRECTIVE                      or concurrent legislative jurisdiction are del-
                                                                                egated the authority to establish additional
                                       November 2, 1981                         vehicular and pedestrian traffic rules and
                                                                                regulations for their installations. All per-
                               Number 5525.4, ASD (MRA&L)
                                                                                sons on a military installation shall comply
                        Subject: Enforcement of State Traffic                   with locally established vehicular and pedes-
                      Laws on DoD Installations.                                trian traffic rules and regulations. (Amend-
                        References: (a) DoD Instruction 6055.4,                 ment 1, Ch 1 (10/31/86))
                      ‘‘Department of Defense Traffic Safety Pro-                 4. A person found guilty of violating, on a
                      gram,’’ November 7, 1978.                                 military installation, any state vehicular or
                        (b) Delegation of Authority to the Sec-                 pedestrian traffic law or local installation
                      retary of Defense by the Administrator, Gen-              vehicular or pedestrian traffic rule or regula-
                      eral Services Administration, March 20, 1981              tion made applicable to the installation
                      (enclosure 1).                                            under the provisions of this Directive is sub-
                        (c) Title 18, United States Code, section 13.           ject to a fine of not more than $50 or impris-
                        (d) Title 40, United States Code, section               onment for not more than 30 days, or both,
                      318c.                                                     for each violation (40 U.S.C. 318c (reference
                                                                                (d)). (Amendment 1, Ch 1 (10/31/86))
                                            A. Purpose                            5. This Directive does not limit the appli-
                        This Directive establishes policies pursu-              cation of any Federal law or regulation or,
                      ant to the requirements of reference (a) and              under 18 U.S.C. 13 (reference (c)), any state
                      to authority delegated to the Secretary of                law made applicable to offenses committed
                      Defense under reference (b) for the enforce-              on military installations.
                      ment, on DoD military installations, of                     6. A copy of this Directive shall be posted
                      those state vehicular and pedestrian traffic              in an appropriate place on the DOD installa-
                      laws that cannot be assimilated under ref-                tion concerned.
                      erence (c).
                                                                                                D. Responsibilities
                                 B. Applicability and Scope                       1. The Assistant Secretary of Defense
                        1. The provisions of this Directive apply to            (Force     Management       and    Personnel)
                      the Office of the Secretary of Defense, the               (ASD(FM&P)) shall modify this Directive, as
                      Military Departments, the Organization of                 appropriate.
                      the Joint Chiefs of Staff, the Unified and                  2. Secretaries of the Military Departments
                      Specified Commands, and the Defense Agen-                 shall comply with this Directive.
                      cies.
                        2. The provisions encompass all persons                      E. Effective Date and Implementation
                      who operate or control a motor vehicle or                   This Directive is effective immediately.
                      otherwise use the streets of a military in-               Forward two copies of implementing docu-
                      stallation over which the United States exer-             ments to the Assistant Secretary of Defense
                      cises exclusive or concurrent legislative ju-             (Force Management and Personnel) within
                      risdiction.                                               120 days.
                        3. The provisions govern only vehicular                 William H. Taft, IV,
                      and traffic offenses or infractions that can-             Deputy Secretary of Defense.
                      not be assimilated under reference (c), there-              Enclosure—1
                      by precluding application of state laws to                  1. Delegation of Authority: Nov 2, 81, 5525.4
                      traffic offenses committed on military in-                (Encl 1).
                      stallations.
                                                                                  ENCLOSURE 1–DELEGATION OF AUTHORITY
                                            C. Policy
                                                                                 GENERAL SERVICES ADMINISTRATION
                        1. It is the policy of the Department of De-
                      fense that an effective, comprehensive traffic            (D–81–                  6820–22

                                                                           67



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00067   Fmt 8010   Sfmt 8002   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Pt. 634, App. D                                                       32 CFR Ch. V (7–1–00 Edition)
                      Delegation of Authority to the Secretary of               Defense Logistics Agency
                                       Defense                                  DOD
                        1. Purpose. This delegation authorizes the              Department of Defense
                      Secretary of Defense to assist in controlling             DOT
                      vehicular and pedestrian traffic on military              Department of Transportation
                      installations in the United States.                       HQDA
                        2. Effective date. This delegation became               Headquarters, Department of the Army
                      effective on March 20, 1961.                              MPMIS
                        3. Delegation.                                          Miliatry Police Management Information
                        a. Pursuant to the authority vested in me                 System
                      by the Federal Property and Administrative                MTMCTEA
                      Services Act of 1949 (63 Stat. 377), as amend-            Military Traffic Management Command
                      ed, and the Act of June 1, 1948 (62 Stat. 281),             Transportation Engineering
                      as amended, authority is hereby delegated to              Agency
                      the Secretary of Defense to make all needful
                                                                                NADSAP
                      rules and regulations, and to attach to these
                      rules and regulations such reasonable pen-                Navy Alcohol and Drug Safety Action Pro-
                      alties, not to exceed those prescribed in 40                gram
                      U.S.C. 318c, as will ensure their enforcement             NAF
                      for governing vehicular and pedestrian traf-              nonappropriated fund
                      fic on military installations of the Depart-              NHSPS
                      ment of Defense, as defined in 40 U.S.C. 612,             National Highway Safety Program Stand-
                      in the United States and over which the                     ards
                      United States has exclusive or concurrent                 NHTSA
                      legislative jurisdiction.                                 National Highway Traffic Safety Adminis-
                        b. The Secretary of Defense may redelegate                tration
                      this authority to any officer, official, or em-           POV
                      ployee of the Department of Defense.                      privately owned vehicle
                        c. This authority shall be exercised in ac-             SOFA
                      cordance with the limitations and require-                status of forces agreement
                      ments of the above-cited acts, and the poli-
                                                                                SOP
                      cies, procedures, and controls prescribed by
                                                                                standing operating procedure
                      the General Services Administration.
                        4. Effect on other directives. FPMR Tem-                STAMIS
                      porary Regulation D–28 is revoked.                        Standard Army Management Information
                                                                                  System
                        Dated: June 24, 1981.
                                                                                TRADOC
                      (Signed) Gerald P. Carmen,                                U.S. Army Training and Doctrine Command
                      Administrator.
                                                                                UCMJ
                        APPENDIX D TO PART 634—GLOSSARY                         Uniform Code of Military Justice
                                                                                USAF
                                            Section I                           United States Air Force
                                                                                USC
                                        Abbreviations
                                                                                United States Code
                      ADAPCP                                                    USMC
                      Alcohol and Drug Abuse Prevention and Con-                United States Marine Corps
                        trol Program                                            USN
                      ADCO                                                      United States Navy
                      Alcohol and Drug Control Officer
                      ASAP                                                                             Section II
                      Alcohol Safety Action Projects
                      BAC                                                                               Terms
                      blood alcohol content
                      CAAC                                                                  Active Duty Personnel
                      Counseling and Assistance Center
                                                                                  Military personnel, whether Active Army,
                      CAIG
                                                                                U.S. Army Reserve, or Army National Guard
                      centralized accident investigation, ground
                                                                                of the United States, who are on active duty
                      CFR
                                                                                under Title 10, United States Code.
                      Code of Federal Regulations
                      CG                                                          Alcohol Safety Action Program (ASAP)
                      commanding general
                      CONUS                                                       A program sponsored by a State, in co-
                      continental United States                                 operation with the NHTSA, to reduce high-
                      DA                                                        way deaths, injuries, and property damage
                      Department of the Army                                    resulting from traffic accidents in which al-
                      DLA                                                       cohol is a major contributing factor.

                                                                           68



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00068   Fmt 8010   Sfmt 8002    Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                              Pt. 634, App. D
                         Army Drug and Alcohol Prevention and                   ation of a motor vehicle within the limits of
                             Control Program (ADAPCP)                           the installation.
                        An Army program that provides for alco-                                  General Officer
                      hol and drug problems (appropriate edu-
                      cation or treatment).                                       A term used to describe officers in the
                                                                                military grade of 0–7 or above, including offi-
                             Chemical Breath-testing Device                     cers frocked to the grade of, in the Army,
                        An instrument using photoelectric or other              Air Force, Marine Corps, or Navy.
                      physical or chemical means to quan-
                      titatively determine blood-alcohol con-                       General Officer Letter of Reprimand
                      centrations.                                                A memorandum or letter of reprimand, ad-
                                     Collision Diagram                          ministrative in nature, prepared in accord-
                                                                                ance with AR 600–37 and signed by any officer
                        A plan of an intersection or section of                 serving in the grade of 0–7 or above in the
                      roadway on which reported accidents are dia-              Army, Air Force, Marine Corps, or Navy.
                      grammed by means of arrows showing man-
                      ner of collision.                                                    Government Motor Vehicle
                                     Condition Diagram                            A motor vehicle owned, rented, or leased
                        A scale drawing of an intersection or sec-              by DOD. This includes vehicles owned,
                      tion of roadway that shows all objects and                rented, or leased by NAF activities of the
                      physical conditions that bear on traffic                  military departments and DOD.
                      movement and safety.
                                                                                     High Accident Frequency Location
                                            Conviction                            A location, intersection, or length of road-
                        A final adjudication that may include one               way, normally not more than one-half mile
                      or more of the following:                                 in length, where an unusually high number
                        a. An unvacated forfeiture of bail or collat-           of accidents have occurred.
                      eral deposited to secure a defendant’s ap-
                      pearance-in-court.                                                          Host Nation
                        b. Pleas of nolo contendere accepted by a
                      court.                                                      Any foreign country or possession in which
                        c. Payment of a fine.                                   an installation is located.
                        d. Pleas of guilty or finding of guilty on a
                                                                                    Installation or Activity Commander
                      charge of violating.
                        State, Federal, or host nation civil law; or              A term applied equally to CONUS installa-
                      the UCMJ.                                                 tion commanders and overseas community
                        e. Judicial or nonjudicial punishment im-               commanders.
                      posed under the UCMJ.
                                                                                              Intoxicated Driving
                                              Driver
                                                                                  Includes one or more of the following:
                         Any person who drives or is in physical
                      control of a motor vehicle. A driver is in                  a. Driving, operating, or being in actual
                      physical control when in position to control              physical control of a motor vehicle under
                      the motor vehicle, whether to regulate or re-             any intoxication caused by alcohol or drugs
                      strain its operation or movement. For exam-               in violation of Article 111 of the UCMJ or a
                      ple, sitting in a parked car behind the steer-            similar law of the jurisdiction in which the
                      ing wheel, keeping it in restraint or in a po-            vehicle is being operated.
                      sition to control its movement. The word                    b. Driving, operating, or being in actual
                      ‘‘driver’’ is interchangeable with the word               physical control of a motor vehicle with a
                      ‘‘operator.’’                                             BAC of 0.10 or higher on a military installa-
                                                                                tion or in an area where traffic operations
                                      Driver’s License                          are under military supervision.
                        A license to operate a motor vehicle under                c. Driving, operating, or being in actual
                      the laws of a State, the District of Columbia,            physical control of a motor vehicle with a
                      a U.S. territory or possession, a host coun-              BAC of 0.10 or higher in violation of the law
                      try, or under international agreements                    of the jurisdiction in which the vehicle is
                      (international driver’s license). Also, a vehi-           being operated.
                      cle operator’s permit issued by an agency of                d. Driving, operating, or being in actual
                      the U.S. Government, or an overseas com-                  physical control of a motor vehicle with a
                      mand.                                                     BAC of 0.05 but less than 0.10 in violation of
                                                                                the law of the jurisdiction in which the vehi-
                                      Driving Privilege
                                                                                cle is being operated if the jurisdiction im-
                        The privilege extended by an installation               poses a suspension or revocation solely on
                      commander to a person permitting the oper-                the basis of the BAC level.

                                                                           69



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00069   Fmt 8010   Sfmt 8002   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Pt. 634, App. D                                                        32 CFR Ch. V (7–1–00 Edition)
                         Law Enforcement Personnel (Officials)                     (1) Fatal accident. A motor vehicle acci-
                                                                                 dent that results in fatal injuries to one or
                        Persons under supervision of the installa-
                                                                                 more personnel. A fatal injury is one that re-
                      tion law enforcement officer who are author-
                                                                                 sults in death within 12 months of the acci-
                      ized to direct, regulate, and control traffic,
                                                                                 dent causing the injury.
                      and to apprehend or arrest violators of laws
                                                                                   (2) Incapacitating injury. An injury, other
                      or regulations. They are usually identified as
                                                                                 than fatal, that prevents the injured person
                      military police, security police, civilian
                                                                                 from walking, driving, or normally con-
                      guards, or DOD police.
                                                                                 tinuing the activities that he or she was ca-
                          Major Command/Major Commanders                         pable of performing before the accident. Ex-
                                                                                 amples are severe lacerations, broken or dis-
                        The level of command between the base,                   torted limb, skull fracture, crushed chest, in-
                      installation, or community commander and                   ternal injury, unconsciousness when taken
                      the Service headquarters.                                  from the accident scene, or inability to leave
                                                                                 the accident scene without help.
                                              Moped                                (3) Nonincapacitating evident injury. An
                        Any two or three-wheel device having oper-               injury, other than fatal and incapacitating,
                      ative capability by—                                       that is evident to any person at the scene of
                        a. Human propulsion power (or no pedals if               the accident. Examples are lump on head,
                      powered solely by electrical energy).                      abrasions, or minor lacerations.
                        b. An automatic transmission.                              (4) Possible injury. An injury reported or
                        c. A motor that produces less than two                   claimed that is not a fatal, incapacitating,
                      gross brake horsepower, and—                               or nonincapacitating evident injury. Exam-
                        (1) Propels the device at a maximum speed                ples are momentary unconsciousness, claim
                      of not more than 30 miles per hour on level                of injuries that are not evident, limping, or
                      ground.                                                    complaint of pain, nausea, or hysteria.
                        (2) Has a maximum engine size of 50 cubic                  b. Severity of vehicle damage.
                      centimeters.                                                 (1) Disabling damage. Any damage to a ve-
                                                                                 hicle such that it cannot be driven (or towed
                                            Motorcycle                           in the case of trailers) from the scene of the
                                                                                 accident in the usual manner by daylight
                        Every motor vehicle that has a seat or sad-
                                                                                 after simple repairs, and without further
                      dle for use of the rider and is designed to
                                                                                 damage or hazard to itself, other traffic ele-
                      travel on not more than three wheels in con-
                                                                                 ments, or the roadway.
                      tact with the ground. Tractors and Mopeds
                                                                                   (2) Functional damage. Any nondisabling
                      are excluded.
                                                                                 damage to a vehicle that affects operation of
                                       Motor Vehicle                             the vehicle or its parts. Examples are doors,
                                                                                 windows, hood, and trunk lids that will not
                        Any vehicle driven or drawn by mechanical                operate properly; broken glass that obscures
                      power, and manufactured primarily for use                  vision; or any damage that could prevent the
                      on public streets, roads, and highways.                    motor vehicle from passing an official motor
                        (Vehicles operated only on a rail or rails               vehicle inspection.
                      are excluded.)                                               (3) Other motor vehicle damage. Any dam-
                                                                                 age to a vehicle that is neither disabling nor
                                Motor Vehicle Registration
                                                                                 functional damage. Such damage usually af-
                        The process of issuing registration certifi-             fects only the load on the vehicle or the ap-
                      cate and registration plates for a motor vehi-             pearance of the motor vehicle. Examples are
                      cle under the law of a State (State registra-              damage to hubcaps, trim, or grill; glass
                      tion). The term also applies to the registra-              cracks that do not interfere with vision;
                      tion form and identification media issued by               dents; scratches; body punctures; or damage
                      a host nation or overseas command, or per                  to load.
                      this regulation for a motor vehicle author-
                      ized to operate on a military installation in                             Moving Violation
                      the United States or its territories.                        A violation of any traffic law, ordinance,
                                                                                 or regulation while operating a vehicle. Mov-
                             Motor Vehicle Traffic Accident
                                                                                 ing violations typically involve one or both
                        An unintended event causing injury or                    of the following:
                      damage, and involving one or more motor ve-                  a. Unsafe act. An act or omission in traffic
                      hicles on a highway, road, or street that is               that is hazardous.
                      publicly maintained and open for public ve-                  b. Unsafe condition. Causing or permitting
                      hicular travel. Motor vehicle traffic accident             an illegal and possibly hazardous condition
                      classification. The classification of traffic              of—
                      accidents according to severity of injuries or               (1) Highways, roads, or streets used by traf-
                      property damage sustained. Major classifica-               fic.
                      tions include the following:                                 (2) Vehicles used in traffic.
                        a. Severity of injury.                                     (3) A pedestrian or driver in traffic.

                                                                            70



VerDate 11<MAY>2000    12:42 Aug 17, 2000    Jkt 190119   PO 00000   Frm 00070   Fmt 8010   Sfmt 8002   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                         Pt. 636
                          Navy Alcohol and Drug Safety Action                                 Traffic Control Devices
                                  Program (NADSAP)
                                                                                   Signs, signals, markings, lights, and de-
                        A Navy program that provides a means to                  vices placed by a proper official to regulate,
                      identify Navy personnel involved in alcohol-               warn, or guide traffic.
                      related situations, within the legal and med-
                      ical systems, at the earliest indication of al-                          Traffic Engineering
                      cohol misuse or alcoholism.                                  Planning and geometric design of streets,
                                            Pedicycle                            highways, and abutting lands, and matters
                                                                                 concerned with traffic operations on them
                        A vehicle operated solely by pedals and                  related to the safe, convenient, and economi-
                      propelled by human power.                                  cal transportation of persons and goods.
                                            Pedestrian                                             Traffic Laws
                        Any person not in or on a motor vehicle or                 All laws, ordinances, and regulations con-
                      other road vehicle.                                        cerning roadway traffic, including regula-
                                                                                 tions on weight, size, and type of vehicles
                                            Reciprocity                          and vehicle cargo.
                        Reciprocal action between State or host
                      nation and military authorities to suspend                 PART 636—MOTOR VEHICLE TRAF-
                      or revoke a person’s OF 46, installation driv-
                      ing privilege, or State, host nation, or over-               FIC SUPERVISION (SPECIFIC IN-
                      seas command driver’s license based on ac-                   STALLATIONS)
                      tion initiated by either authority.
                                                                                 Sec.
                              Revocation of Driver’s License
                                                                                 636.0   Scope of this part.
                        The termination by formal action of State,
                      host nation, or overseas command authority                         Subpart A—Fort Stewart, Georgia
                      of a person’s license or privilege to operate a
                      motor vehicle on the public roadways. This                 636.1 Responsibilities.
                      termination is not subject to renewal or res-              636.2 Program objectives.
                      toration except that application may be pre-               636.3 Suspension or revocation of driving
                      sented and acted on by the State, host na-                     privileges.
                      tion, or overseas command authority after                  636.4 Administrative due process for suspen-
                      the expiration of the period set by State or                   sions and revocations.
                      host nation law or overseas command regula-                636.5 Army administrative actions against
                      tion.                                                          intoxicated drivers.
                                                                                 636.6 Remedial driver training program.
                             Revocation of Driving Privileges                    636.7 Extensions of suspensions and revoca-
                        Action taken by an installation com-                         tions.
                      mander to terminate a privilege to operate a               636.8 Registration policy.
                      motor vehicle on a military installation.                  636.9 Registration requirement.
                      State One of the U.S. States, the District of              636.10 Hunter Army Airfield vehicle reg-
                      Columbia, the Commonwealth of Puerto                           istration.
                      Rico, and the territory of Guam.                           636.11 Installation traffic codes.
                                                                                 636.12 Traffic accident investigation.
                              Suspension of Driver’s License                     636.13 Traffic accident investigation re-
                                                                                     ports.
                        The temporary withdrawal by formal ac-                   636.14 Parking.
                      tion of State, host nation, or overseas com-               636.15 Traffic violation reports.
                      mand authority of a person’s license or privi-             636.16 Detection, apprehension, and testing
                      lege to operate a motor vehicle on the public                  of intoxicated drivers.
                      highways.
                                                                                 636.17 Compliance with State laws.
                             Suspension of Driving Privileges                    636.18 Driving records.
                                                                                 636.19 Point system application.
                        The temporary withdrawal by an installa-                 636.20 Point system procedures.
                      tion commander of a person’s privilege to op-              636.21 Obedience to official traffic control
                      erate a motor vehicle on a military installa-                  devices.
                      tion for up to 12 months. Privileges normally              636.22 Speed regulations.
                      are automatically restored on the day after                636.23 Turning movements.
                      the date the suspension ends.                              636.24 Driving on right side of roadway; use
                                                                                     of roadway.
                                              Traffic
                                                                                 636.25 Right-of-way.
                        Pedestrians, ridden or herded animals, ve-               636.26 Pedestrian’s rights and duties.
                      hicles, street cars, and other conveyances,                636.27 Regulations for bicycles.
                      either singly or together, using any roadway.              636.28 Special rules for motorcycles/mopeds.

                                                                            71



VerDate 11<MAY>2000    12:42 Aug 17, 2000    Jkt 190119   PO 00000   Frm 00071   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 636.0                                                               32 CFR Ch. V (7–1–00 Edition)
                      636.29 Go-carts, minibikes, and All Terrain               from the installation without the con-
                          Vehicles (ATV’s).                                     sent of the owner could be found liable
                      636.30 Stopping, standing and parking.
                                                                                for subsequent damage done to the ve-
                      636.31 Abandoned vehicles.
                      636.32 Miscellaneous instructions.                        hicle provided that the damage was the
                      636.33 Vehicle safety inspection criteria.                result of negligence on the part of the
                      636.34 Restraint systems.                                 government personnel.
                      636.35 Headphones and earphones.                            (f) Identify those individuals required
                      636.36 Alcoholic beverages.
                      636.37 Use of ‘‘Denver Boot’’ device.
                                                                                to attend the Defensive Driving Course
                      636.38 Impounding privately owned vehicles                (DDC) or Motorcycle Defensive Driving
                          (POVs).                                               Course (MDDC) and ensure their at-
                      APPENDIX A TO PART 636–REFERENCES                         tendance at the course.
                      APPENDIXES B–C TO PART 636 [RESERVED]
                      APPENDIX D TO PART 636–GLOSSARY                           § 636.2    Program objectives.
                       AUTHORITY: 10 U.S.C. 30112(g); 5 U.S.C. 2951;               In addition to the requirements of
                      Pub. L. 89–564; 89–670; 91–605; and 93–87.                § 634.5 of this subchapter:
                        SOURCE: 56 FR 28077, June 19, 1991, unless                 (a) The entry of motor vehicles on
                      otherwise noted.                                          the Fort Stewart/Hunter Army Airfield
                                                                                reservation is permitted by the Com-
                      § 636.0 Scope of this part.
                                                                                manding General under the conditions
                         This part contains regulations which                   prescribed by this part. Upon entering
                      are in addition to the motor vehicle su-                  the military reservation, the driver
                      pervision regulations contained in 32                     subjects himself and his vehicle to rea-
                      CFR part 634. Each subpart in this part                   sonable search. The authority to
                      contains additional regulations specific                  search vehicles on post is subject to
                      to the named installation.                                the provisions of AR 190–22 and AR 210–
                                                                                10. This part is not applicable to vehi-
                       Subpart A—Fort Stewart, Georgia                          cle safety inspections and spot checks
                                                                                conducted primarily for purposes of
                      § 636.1 Responsibilities.                                 safety.
                         In addition to the responsibilities de-                   (b) The Military Police may:
                      scribed in § 634.4 of this subchapter,                       (1) Inspect any vehicle operated on
                      Unit Commanders will:                                     the reservation for mechanical condi-
                         (a) Monitor and control parking of                     tion.
                      military and privately owned vehicles                        (2) Impound, exclude, or remove from
                      within the unit’s area, to include                        the reservation any vehicle used as an
                      motor pools and assigned training                         instrument in a crime, suspected of
                      areas.                                                    being stolen, abandoned, inoperable,
                         (b) Establish a program in accord-
                                                                                unregistered, or being operated by a
                      ance with 24th Infantry Division
                                                                                person under the influence of intoxi-
                      (Mechanized) and Fort Stewart Regula-
                                                                                cants or drugs. No vehicle will be im-
                      tion 755–2 to identify abandoned pri-
                                                                                pounded unless the impoundment
                      vately owned vehicles in the unit’s
                      area and coordinate with the Military                     meets the requirements of AR 190–5,
                      Police for impoundment.                                   paragraph 6–2 (32 CFR 634.50) and
                         (c) In coordination with the Military                  § 636.38 of this subpart. In the event a
                      Police, identify problem drivers in the                   vehicle is impounded as an instrument
                      unit and take appropriate action to im-                   of crime (particularly in the transport
                      prove their driving habits.                               of illegal drugs or weapons), coordina-
                         (d) Ensure that the contents of this                   tion will be made with the appropriate
                      part are explained to all newly as-                       civilian law enforcement agencies.
                      signed personnel, including personnel                        (3) Subsequent to a lawful apprehen-
                      on temporary duty with their unit for                     sion, seize for administrative forfeiture
                      10 days or more.                                          proceedings all conveyances which are
                         (e) Identify unit member’s vehicles                    used, or are intended to be used to
                      which have obvious safety defects (see                    transport, sell or receive, process or
                      § 636.33) and take appropriate action to                  conceal illegal drugs or drug para-
                      have the defect corrected. Commanders                     phernalia, or in any way facilitate the
                      who cause a vehicle to be removed                         foregoing. A conveyance is defined as

                                                                           72



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00072   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                         § 636.6

                      any mobile object capable of trans-                          (a) The Provost Marshal or his des-
                      porting objects or people (e.g., auto-                     ignee will provide the written notice of
                      mobile, truck, motorcycle, boat, air-                      pending action and offer of an adminis-
                      plane, etc.).                                              trative hearing using AFZP Form Let-
                        (c) The Commander or other persons                       ter 316, Suspension of Installation
                      designated authority by the Com-                           Driving Privileges.
                      mander may suspend or revoke the in-                         (b) The Garrison Commander and
                      stallation driving privileges of any per-                  Deputy Garrison Commander are des-
                      son as authorized by part 634 of this                      ignated as reviewing authorities to
                      subchapter and this section.                               conduct administrative hearings.
                        (d) Unit commanders may request                            (c) Individuals who desire an admin-
                      temporary suspension of an assigned                        istrative hearing to review a decision
                      member’s installation driving privilege                    to impose immediate suspension, or to
                      for cause (e.g., continued minor driving                   appeal the decision of the administra-
                      infractions, numerous parking viola-                       tive hearing officer, will adhere to the
                      tions, etc.). Such requests will be sub-                   following procedures. A request for an
                      mitted in writing to the Commander,                        administrative hearing will be for-
                      24th Infantry Division (Mechanized)                        warded through their supervisory chain
                      and Fort Stewart, ATTN: AFZP–PM,                           of command. Requests from family
                      Fort Stewart, Georgia 31314–5000. Rea-                     members or non-employee civilians can
                      sons for such requests will be ex-                         be forwarded to the Provost Marshal’s
                      plained. Unit commanders retain the                        Administrative Section at Fort Stew-
                      authority to suspend a soldier’s mili-                     art or Hunter Army Airfield and can ei-
                      tary vehicle driving privileges in ac-                     ther be delivered or post marked with-
                      cordance with AR 385–55.                                   in ten days of notification of the sus-
                                                                                 pension action.
                      § 636.3 Suspension or             revocation     of          (d) Individuals who were initially
                          driving privileges.                                    charged with driving under the influ-
                         In addition to the requirements of                      ence (DUI) based in part on a blood al-
                      § 634.10 of this subchapter:                               cohol content (BAC) test which has not
                                                                                 subsequently been invalidated and who
                         (a) Administrative suspension or rev-
                                                                                 are found not guilty of DUI may re-
                      ocation of installation driving privi-
                                                                                 quest a hearing to determine if their
                      leges applies to the operation of a
                                                                                 driving privileges should be restored.
                      motor vehicle on Fort Stewart/Hunter
                                                                                 Such requests shall be forwarded
                      Army Airfield.
                                                                                 through their chain of command to ar-
                         (b) Installation driving privileges
                                                                                 rive at the Provost Marshal’s Office
                      will be suspended for up to 6 months
                                                                                 (AFZP–PMA for Fort Stewart or
                      for drivers who accumulate 12 traffic
                                                                                 AFZP–PM–H for Hunter Army Airfield)
                      points within 12 consecutive months,
                                                                                 not later than ten working days after
                      or 18 traffic points within 24 consecu-
                                                                                 the date of court action.
                      tive months.
                         (c) The Garrison Commander and                          § 636.5 Army administrative actions
                      Deputy Garrison Commander are des-                             against intoxicated drivers.
                      ignated as suspension/revocation au-                          For this installation, in violation of
                      thorities for:                                             State law referenced in § 634.12(a)(3) of
                         (1) Suspension of driving privileges                    this subchapter, means a blood alcohol
                      should the evidence indicate that a                        content of 0.10 percent or higher as set
                      charge of driving under the influence is                   forth in Official Code of Georgia Anno-
                      warranted or;                                              tated 40–6–392(b)(3).
                         (2) The suspension/revocation for ac-
                      cumulation of 12 traffic points within                     § 636.6 Remedial driver training pro-
                      12 months or 18 points within 24 con-                           gram.
                      secutive months.                                              For this installation remedial driving
                                                                                 training      program     referenced    in
                      § 636.4 Administrative due process for                     § 634.12(b) of this subchapter is operated
                          suspensions and revocations.                           by the Installation Safety Office. Driv-
                         In addition to the requirements of                      ing privileges may be withheld beyond
                      § 634.11(a) of this subchapter:                            expiration of the sanction to complete

                                                                            73



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00073     Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 636.7                                                               32 CFR Ch. V (7–1–00 Edition)

                      remedial driving or alcohol and drug                      vehicles on Fort Stewart/Hunter Army
                      rehabilitation programs in accordance                     Airfield will obtain and maintain, at
                      with AR 190–5, paragraphs 2–12c and d,                    least, the minimum amount of liability
                      and 5–4f (32 CFR 634.17(c) and (d) and                    and no-fault insurance required by the
                      634.17(f)).                                               State of Georgia. The amounts are as
                                                                                follows:
                      § 636.7 Extensions of suspensions and
                           revocations.                                            (i) Liability:
                                                                                   (A) $15,000.00 per person per accident
                         In addition to the requirements in                     for bodily injury.
                      § 634.17(a) of this subchapter, for each
                                                                                   (B) $30,000.00 per incident for bodily
                      subsequent violation of the suspension
                                                                                injury.
                      period, an additional five years will be
                      added to the suspension period for this                      (C) $10,000.00 per accident for prop-
                      installation (see Table 634.46 in § 634.46                erty damage.
                      of this subchapter).                                         (ii) No-Fault—$5,000.00.
                                                                                   (2) Proof of this insurance will be re-
                      § 636.8 Registration policy.                              quired at the time of registration.
                         In addition to the requirements of                        (e) Vehicle safety inspections are not
                      § 634.19(a) of this subchapter, motor ve-                 required in the State of Georgia, how-
                      hicles which are owned and/or operated                    ever, vehicles operated on Fort Stew-
                      by a person who resides, performs duty,                   art/Hunter Army Airfield must be in
                      is employed on, or ‘‘frequently uses’’                    safe operating condition and be able to
                      the facilities of Hunter Army Airfield                    pass spot vehicle safety equipment
                      will be registered in accordance with                     checks conducted by the Military Po-
                      the requirements of § 634.20 of this sub-                 lice. Safety criteria is set forth in
                      chapter. Frequent users include but are                   § 636.33 of this subpart.
                      not limited to family members, retir-
                      ees, and civilians whose normal route                     § 636.10 Hunter Army Airfield vehicle
                      of travel between home and work takes                         registration.
                      them through the installation.                              Personnel assigned or employed at
                                                                                Hunter Army Airfield are required to
                      § 636.9 Registration requirement.
                                                                                register their privately owned vehicles
                         In addition to the requirements of                     within five days after arrival to the in-
                      § 634.20 of this subchapter:                              stallation. Requirements for registra-
                         (a) The Military Police will cite vio-                 tion are listed in AR 190–5 and this
                      lators on DD Form 1408 (Warning Cita-                     part.
                      tion) for observed safety defects. On a                     (a) Temporary passes may be issued
                      periodic basis, Military Police will con-                 to personnel not assigned to the instal-
                      duct vehicle safety inspection oper-                      lation but requiring temporary access
                      ations using the criteria in § 636.33.                    to the installation. These include per-
                         (b) An individual possessing a valid
                                                                                sonnel employed by construction and
                      USAREUR privately owned vehicle
                                                                                material handling vehicles requiring
                      (POV) license may operate a motor ve-
                                                                                on post access. Personnel requesting
                      hicle in the State of Georgia for a pe-
                                                                                temporary passes must meet the same
                      riod not to exceed 30 days. After the 30
                                                                                requirements as do personnel requiring
                      day period the individual must obtain a
                      valid license from the State of Georgia                   decals.
                      or another state to operate a motor ve-                     (1) Temporary passes will not exceed
                      hicle in the State of Georgia.                            45 days. Renewal of temporary passes is
                         (c) An individual returning a vehicle                  prohibited except upon approval of the
                      to Continental United States (CONUS)                      Installation Commander or his/her des-
                      has 30 days from date of entry or 10                      ignee.
                      days after reporting for military duty                      (2) Temporary passes will be con-
                      to register that vehicle in the State of                  spicuously placed on the left side of the
                      Georgia or another state. A temporary                     vehicle dashboard between the dash-
                      pass will be issued until this require-                   board and the front windshield. Noth-
                      ment has been met.                                        ing will be placed so as to obscure the
                         (d) Liability and no-fault insurance re-               view of the temporary pass from the
                      quirements. (1) All personnel operating                   exterior of the vehicle. The pass will

                                                                           74



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00074   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                      § 636.14

                      remain in this position during the en-                      (4) Decals will not be affixed to any
                      tire time the vehicle is on the installa-                 other portion of the vehicle other than
                      tion. Failure to conspicuously display                    listed in § 636.10(e) (1) through (3).
                      the temporary pass could result in the
                      vehicle being removed from the instal-                    § 636.11 Installation traffic codes
                      lation.                                                      In addition to the requirements in
                        (3) Temporary passes will remain                        § 634.25(d) of this subchapter, on-post
                      with the vehicle for which they were                      violations offenders will be cited under
                      issued and not be transferred to other                    the appropriate Georgia Traffic Code as
                      vehicles.                                                 assimilated by 18 U.S.C. 13 (for civil-
                        (4) Each person driving a vehicle on                    ians) and Art 134c, Uniform Code of
                      the installation must individually                        Military Justice (UCMJ) (for military).
                      meet the drivers license requirement of                   If no Georgia Code is appropriate for a
                      the installation as well as sign the                      specific offense, civilians will be cited
                      temporary pass.                                           under 40 U.S.C. 318a and military per-
                        (5) Temporary passes will be returned                   sonnel will be cited under Art 92,
                      to the Vehicle Registration section                       UCMJ. The Fort Stewart/Hunter Army
                      when they have expired or area no                         Airfield installation traffic code con-
                      longer needed.                                            forms to the State of Georgia Traffic
                                                                                Law.
                        (b) Decals are to be issued to all mili-
                      tary and civilian employees of Hunter                     § 636.12 Traffic accident investigation.
                      Army Airfield, military retirees, and
                      contractors/vendors doing extended                           In addition to the requirements in
                      business on the installations. Require-                   § 634.28 of this subchapter, Military Po-
                      ments outlined in AR 190–5 (32 CFR                        lice at Fort Stewart/Hunter Army Air-
                      part 634) and this part must be met be-                   field installation will investigate re-
                      fore decals are issued.                                   portable motor vehicle accidents in-
                                                                                volving government owned or privately
                        (c) Personnel requiring permanent
                                                                                owned vehicles.
                      decals, who do not meet the require-
                      ments outlined in AR 190–5 (32 CFR                        § 636.13 Traffic accident investigation
                      part 634) and this part, will be issued                        reports.
                      temporary passes not to exceed 45 days.
                                                                                   In addition to the requirements in
                      Registration requirements will be met
                                                                                § 634.29 of this subchapter:
                      as soon as possible after issuance of the                    (a) Military Police at Fort Stewart/
                      temporary pass. A decal may then be                       Hunter Army Airfield installations will
                      issued.                                                   record traffic accident investigations
                        (d) DOD decals (DD Form 2220) will be                   on DA Form 3946 (Military Police Traf-
                      utilized for vehicle registration. Addi-                  fic Accident Report) and DA Form 3975
                      tional installation name and expiration                   (Military Police Report).
                      month and year decals will be utilized                       (b) All privately owned motor vehicle
                      with sizes and coloration as prescribed                   accidents on Fort Stewart or Hunter
                      in AR 190–5 (32 CFR part 634).                            Army Airfield will be immediately re-
                        (e) Decals will be permanently af-                      ported to the Military Police for inves-
                      fixed to the vehicles for which they are                  tigation. Unless an emergency situa-
                      registered in one of two places:                          tion exists, vehicle(s) involved in an
                        (1) Exterior, front windshield lower                    accident will only be moved on order of
                      left corner.                                              the Military Police.
                        (2) Front, left bumper of the vehicle,
                      conspicuously displayed. Decals will                      § 636.14 Parking.
                      not be affixed to the front spoilers or                      In addition to the requirements in
                      any other area which obscures the                         § 634.31 of this subchapter:
                      viewing of the decal.                                        (a) Military Police will enforce park-
                        (3) Installation decals will be placed                  ing in handicapped and Commanding
                      directly beneath and centered on the                      General reserved parking spaces at
                      DOD decal. Expiration decals will be                      Fort Stewart/Hunter Army Airfield sol-
                      placed on each side and level with the                    dier service facilities and assess points
                      DOD decal with the month on the left                      in accordance with Table 634.46 in
                      and the year on the right.                                § 634.46 of this subchapter and Table

                                                                           75



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00075   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 636.15                                                                32 CFR Ch. V (7–1–00 Edition)

                      636.19 in § 636.19. Vehicles may be towed                nation with civil enforcement agencies
                      for such violations as parking in handi-                 to ensure receipt of information and
                      capped parking spaces and parking on a                   assistance as required. The Directorate
                      yellow curb among others.                                of Logistics will secure any necessary
                        (b) Reserved parking spaces in areas                   permits for military movement on pub-
                      under the control of units or staff sec-                 lic roads and highways.
                      tions may be designated by the com-
                      mander or staff section chief who is                     § 636.18       Driving records.
                      also responsible to control the use of                      In addition to the requirements in
                      these spaces.                                            § 634.44 of this subchapter, the Provost
                        (c) Parking spaces for tactical vehi-                  Marshal Office will maintain driver
                      cles at the Main Exchange/Commissary                     records.
                      area will be designated at the end of
                      rows, farthest from the facilities. Only                 § 636.19       Point system application.
                      those vehicles properly authorized by
                      unit commanders will be parked at the                                           TABLE 636.19
                      Main Exchange/Commissary area.
                                                                               Violation: Parking in a handicap zone
                      § 636.15 Traffic violation reports.                      Points assessed: 3
                                                                               Violation: Parking against a yellow curb
                         In addition to the requirements in                    Points assessed: 3
                      § 634.32 of this subchapter:                             Violation: Parking within 10 feet of a fire hydrant
                                                                               Points assessed: 3
                         (a) The Provost Marshal in coordina-
                                                                               Violation: Impeding the flow of traffic
                      tion with the Staff Judge Advocate will                  Points assessed: 3
                      determine what traffic offenses will be                  Violation: Other parking violations
                      referred to the U.S. Magistrate Court                    Points assessed: 2
                      by means of DD Form 1805.
                         (b) Of the four available actions on                  § 636.20       Point system procedures.
                      the back of the DD Form 1408, super-
                                                                                  In addition to the requirements of
                      visors of civilian employees may take
                                                                               § 634.47 of this subchapter:
                      one of the following two actions.
                         (c) No action taken: A finding of not                    (a) Reports of parking violations re-
                      guilty. There must be an explanation                     corded on DD Form 1408 or DD Form
                      of the reason for no action taken.                       1805 will serve as a basis for deter-
                         (d) Administration: A finding of                      mining point assessment.
                      guilty. This includes, but is not limited                   (b) The instructions in paragraph (a)
                      to, such actions as a written warning,                   of this section also apply to the receipt
                      letter of reprimand, or suspension. Su-                  of a DD Form 1408 (Armed Forces Traf-
                      pervisors should coordinate with CPO,                    fic Ticket) for a parking violation.
                      MER branch before taking adverse ac-
                                                                               § 636.21 Obedience to official traffic
                      tion.                                                        control devices.
                         (e) Reports of Commander’s action
                      taken will be forwarded to the Provost                     (a) All drivers will obey the instruc-
                      Marshal Office through the appropriate                   tions of official signs, unless directed
                      major subordinate commander.                             to do otherwise by the Military Police.
                                                                                 (b) Official traffic control devices,
                      § 636.16 Detection, apprehension, and                    such as traffic cones or barricades, are
                           testing of intoxicated drivers.                     presumed to have been placed by prop-
                         In addition to the requirements in                    er authority.
                      § 634.36 of this subchapter, the standard
                      field sobriety test used by the Military                 § 636.22       Speed regulations.
                      Police may include the following tests:                    (a) Georgia state speed limits apply
                         (a) Horizontal gaze nystagmus.                        unless otherwise specified by this part.
                         (b) Walk and turn.                                      (b) Drivers will operate their vehicles
                         (c) One leg stand.                                    at a reasonable and prudent speed
                                                                               based on traffic and road conditions,
                      § 636.17 Compliance with State laws.                     regardless of posted speed limits.
                         In addition to the requirements of                      (c) The speed limit on the installa-
                      § 634.42 of this subchapter, the Provost                 tion is 30 miles per hour unless other-
                      Marshal will conduct necessary coordi-                   wise posted or if it falls within one of

                                                                          76



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00076   Fmt 8010     Sfmt 8010      Y:\SGML\190119T.XXX       pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                         § 636.25

                      the special speed limit situations (see                      § 636.24 Driving on right side of road-
                      paragraph (d) of this section).                                   way; use of roadway.
                        (d) The following special speed limits                        (a) All drivers will use the right side
                      apply:                                                       of roadways, except:
                        (1) When passing troop formations, 10                         (1) When passing a vehicle proceeding
                      miles per hour.                                              in the same direction.
                        (2) The authorized speed limit in the                         (2) When an obstruction is blocking
                      school zones is 15 miles per hour when                       all or part of the right lane of the road-
                      any of the following conditions are                          way.
                      present:                                                        (3) When driving on a one-way street.
                        (i) A school crossing attendant is                            (b) Drivers proceeding in opposite di-
                      present.                                                     rections will pass to the right, each
                        (ii) Children are present in the area.                     using one-half of the roadway.
                        (iii) The flashing, yellow, caution                           (c) Drivers passing another vehicle
                      lights are in operation.                                     traveling in the same direction will ex-
                        (3) Fort Stewart housing areas, 20                         ercise the utmost caution and safety
                      miles per hour. Hunter Army Airfield                         and will abide by all applicable traffic
                      housing areas, 15 miles per hour.                            laws.
                        (4) Tactical vehicle drivers will obey                        (d) Drivers of vehicles being passed
                      posted speed limits; however, drivers                        will give way to the right and not in-
                      will not exceed 40 miles per hour on                         crease their vehicle’s speed.
                      paved roads and 25 miles per hour on                            (e) Drivers will allow a sufficient dis-
                      unpaved roads and tank trails. Com-                          tance between their vehicle and the ve-
                      mercial     Utility    Cargo    Vehicles                     hicle in front to allow a safe stop under
                      (CUCV’s) are tactical vehicles and will                      all conditions.
                      obey the following off-road driving
                      speeds:                                                      § 636.25 Right-of-way.
                      Day Driving:                                                    (a) When two vehicles enter an inter-
                          Trails, 16 MPH                                           section from different highways at the
                          Cross County, 6 MPH
                      Night Driving:                                               same time, the driver of the vehicle on
                          Trails, 5 MPH (with headlights)                          the left will yield right-of-way. When
                          Cross Country, 5 MPH                                     entering an intersection without traf-
                      Night Driving:                                               fic control devices from a highway
                          Trails, 4 MPH (Black-out Drive)
                          Cross County, 2.5 MPH                                    which terminates at the intersection,
                                                                                   that driver will yield right-of-way.
                        (5) Parking lots, 10 miles per hour.                          (b) Drivers turning left within an
                        (6) The authorized maximum speed                           intersection will yield right-of-way to
                      limit for rough terrain forklifts when                       vehicles approaching from the opposite
                      operated on hard surface roads will not                      direction.
                      exceed 15 miles per hour. These vehi-                           (c) Drivers approaching a stop sign
                      cles will also bear the Triangular Sym-                      will stop at the marked stop line, if
                      bol to alert trailing vehicles as re-                        present, or before entering the cross-
                      quired by the Occupational Safety and                        walk, if present, or at a point nearest
                      Health Administration (OSHA) (29 CFR                         the intersecting roadway where the
                      1910.145).                                                   driver will yield the right-of-way, if re-
                                                                                   quired.
                      § 636.23     Turning movements.                                 (d) Drivers approaching yield signs
                        (a) U-turns are prohibited on all                          will slow down to a speed not exceeding
                      streets in the cantonment area.                              10 miles per hour and yield the right-
                        (b) Right-turns will be made from a                        of-way to any approaching vehicles,
                      position as close to the right edge or                       coming to a stop if necessary.
                      right curb of the roadway as possible.                          (e) Drivers entering or crossing a
                        (c) Left-turns will be made from a po-                     roadway from any place other than an-
                      sition as close to the center line as pos-                   other roadway will yield the right-of-
                      sible or from a left turn lane, if avail-                    way to vehicles on the roadway.
                      able.                                                           (f) Upon the immediate approach of
                        (d) All turns will be signaled continu-                    an authorized emergency vehicle iden-
                      ously beginning not less than 100 feet                       tified as such, all drivers will yield the
                      prior to the turn.                                           right-of-way to the emergency vehicle.

                                                                              77



VerDate 11<MAY>2000    12:42 Aug 17, 2000     Jkt 190119    PO 00000   Frm 00077   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 636.26                                                              32 CFR Ch. V (7–1–00 Edition)

                      § 636.26 Pedestrian’s rights and duties.                    (l) The wearing of headphones or ear-
                         (a) Pedestrians will obey all traffic                  phones by pedestrians or joggers while
                      control devices and regulations, unless                   walking or jogging on roadways or on
                      directed to do otherwise by the Mili-                     the shoulders of roadways is prohib-
                      tary Police.                                              ited.
                         (b) When traffic-control signals are                   § 636.27 Regulations for bicycles.
                      not in place or not in operation, the
                      driver of a vehicle will yield the right                     (a) Parents will not knowingly allow
                      of way, by slowing down or stopping,                      their children to violate any of the pro-
                      when a pedestrian is in a crosswalk on                    visions of this section.
                      the same side of the road as the driv-                       (b) Traffic laws and regulations in
                      er’s vehicle, or when the pedestrian is                   this part apply to persons riding bicy-
                      approaching so closely from the oppo-                     cles. Bicycle riders are granted all the
                      site half of the roadway as to be in dan-                 rights and are subject to all duties of
                      ger.                                                      motorized vehicle operators, except
                         (c) Pedestrians will not suddenly                      those which logically do not apply.
                      leave a curb or other place of safety                        (c) Bicycles will be parked against
                      and walk or run into the path of a vehi-                  the curb or in a rack, provided for that
                      cle which is so close to the crosswalk                    purpose, and will be secured.
                      that it is impractical for the driver to                     (d) Bicycle riders will not attach the
                      stop.                                                     bicycle or themselves to any motorized
                         (d) Pedestrians crossing a roadway,                    vehicle operating upon the roadway.
                      at a point other than a crosswalk, will                      (e) Bicycles will be ridden upon the
                      yield the right-of-way.                                   roadway in single-file.
                         (e) Pedestrians will not cross any                        (f) Bicycles operated between dusk
                      intersection diagonally unless clearly                    and dawn will utilize a headlight visi-
                      authorized to do so.                                      ble for a minimum of 300 feet and a
                         (f) Every driver will exercise due care                rear reflector or red light visible for 300
                      to avoid colliding with any pedestrian                    feet to the rear.
                      upon any roadway and will exercise                           (g) Bicycles will not be ridden with-
                      proper precaution upon observing any                      out an operable brake system.
                      child or any obviously confused, inca-                       (h) Bicycles will not be ridden if the
                      pacitated, or intoxicated person.                         pedal, in its lowermost position, is
                         (g) A person who is under the influ-                   more than 12 inches above the ground.
                      ence of intoxicating liquor or any drug                      (i) If a bicycle/pedestrian path or
                      to a degree which renders himself a                       sidewalk is present, bicyclists will use
                      hazard will not walk upon any road-                       the patch or sidewalk instead of the
                      way.                                                      roadway.
                         (h) Pedestrians will use sidewalks,                       (j) Certain roadways have been des-
                      where provided, rather than walking                       ignated and marked as being off-limits
                      upon the roadway. When sidewalks are                      to bicyclists. Bicyclists will use an al-
                      not provided, pedestrians will walk the                   ternate roadway or a bicycle path rath-
                      shoulder of the roadway as far from the                   er than those roadways.
                      edge of the roadway as possible. When
                      neither sidewalks nor a shoulder are                      § 636.28 Special rules for motorcycles/
                      available, pedestrians will walk on the                        mopeds.
                      extreme edge of the roadway, facing                          (a) Traffic laws and regulations in
                      traffic, and will yield to all oncoming                   this part apply to persons riding mo-
                      traffic.                                                  torcycles/mopeds. Motorcyle/moped op-
                         (i) Individuals will not stand in or be-               erators are granted all the rights and
                      side the roadway to solicit rides (hitch-                 are subject to all duties of motor vehi-
                      hike).                                                    cle operators, except those which logi-
                         (j) Individuals will not stand in or be-               cally do not apply.
                      side the roadway to solicit business,                        (b) Motorcycles/moped operators will
                      employment, or contributions from the                     ride only while seated facing forward
                      occupant of any vehicle.                                  with one leg on either side of the vehi-
                         (k) Pedestrians will yield to all au-                  cle on the permanent and regular seat
                      thorized emergency vehicles using an                      of the vehicle. Passengers will not be
                      audible signal and/or a visual signal.                    carried unless the vehicle is designed

                                                                           78



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00078   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                      § 636.30

                      to carry a passenger. Passengers will                     attend and complete an approved Mo-
                      only be carried in a manner which nei-                    torcycle    Defense   Driving    Course
                      ther interferes with the operation of                     (MDDC) prior to operation of the mo-
                      the vehicle nor obstructs the operator’s                  torcycle/moped on the installation.
                      view. Operators will keep both hands                      Upon completion of the course, per-
                      on the vehicle’s handlebars.                              sonnel will be provided with a MDDC
                        (c) Motorcycle/moped operators are                      card. Personnel are authorized to oper-
                      entitled to the use of a full lane of traf-               ate their motorcycle/moped on the in-
                      fic. Motorcycle/moped operators will                      stallation for the purpose of attending
                      not pass another vehicle using the                        the motorcycle safety course. Attend-
                      same lane as the overtaken vehicle.                       ance may be verified by contacting the
                      Motorcycles/mopeds will not be oper-                      Installation Safety Office.
                      ated between lanes of traffic or be-
                      tween adjacent lines or rows of vehi-                     § 636.29 Go-carts, minibikes, and all
                      cles.                                                           terrain vehicles (ATV’s).
                        (d) Motorcycles/moped headlights                           (a)     Operators     of     ‘‘go-carts,’’
                      and tail lights will be illuminated at                    ‘‘minibikes,’’ and ATV’s 16 years of age
                      anytime the vehicle is being operated.                    or older, must comply with applicable
                        (e) Motorcycle/moped operators will                     Georgia State Law and Fort Stewart
                      not attach their vehicle or themselves                    traffic laws and regulations contained
                      to any other motorized vehicle oper-                      in this part.
                      ating upon the roadway.                                      (b) ‘‘Go-carts,’’ ‘‘minibikes,’’ and
                        (f) Footrests will be provided for pas-                 ATV’s operated on installation road-
                      sengers. Motorcycles/mopeds will not                      ways are required to meet the require-
                      be operated with handlebars more than                     ments of this part and the Georgia
                      15 inches above the seat which the op-                    Traffic Code.
                      erator occupies. No back rest attached                       (c) Off-road vehicles will only be op-
                      to the motorcycle/moped will have a                       erated in areas specified by the DPCA.
                      sharp point at its apex.                                  The DPCA will specify conditions for
                        (g) All motorcycle/moped operators/                     off-road operation.
                      passengers will comply with the fol-                         (d) ‘‘Go-carts,’’ ‘‘minibikes,’’ and
                      lowing safety requirements:                               ATV’s will only be operated during
                        (1) Wear the following protective                       daylight hours and will not be operated
                      equipment:                                                during periods of inclement weather or
                        (i) Properly fastened (under the chin)                  reduced visibility.
                      DOT approved helmet.                                         (e) Operators and passengers of ‘‘go-
                        (ii) Eye protection (clear goggles or a                 carts,’’ ‘‘minibikes,’’ and ATV’s must
                      face shield attached to the helmet).                      wear approved protective helmets, eye
                        (iii) Full-fingered gloves.                             protection, and footwear (open-toed
                        (iv) Long trousers.                                     footwear is prohibited).
                        (v) Long-sleeved shirt or jacket (with                     (f) Soldiers or sponsors of persons op-
                      sleeves rolled down).                                     erating ‘‘go-carts,’’ ‘‘minibikes,’’ and
                        (vi) Leather boots or over-the-ankle                    ATV’s are responsible for the safe oper-
                      shoes.                                                    ation of the vehicle.
                        (vii) High-visibility garments (bright
                      color for day and retro-reflective for                    § 636.30 Stopping, standing and park-
                      night).                                                        ing.
                        (2) Motorcycle/moped headlights will                       (a) Drivers will not stop, park, or
                      be turned on at all times.                                leave standing their vehicle, whether
                        (3) Motorcycle/moped must have two                      attended or unattended, upon the road-
                      rear-view mirrors (one mirror on each                     way when it is possible to stop, park or
                      side of the handlebars).                                  leave their vehicle off the roadway. In
                        (4) Use of headphones or earphones                      any case, parking or standing the vehi-
                      while driving is prohibited.                              cle upon the roadway will only be done
                        (h) Military personnel, civilian em-                    in an emergency.
                      ployees, and family member drivers of                        (b) Vehicles, not clearly identified as
                      a privately or government-owned mo-                       operated by a handicapped individual,
                      torcycle/moped (two or three wheeled                      will not be parked in a handicapped
                      motor driven vehicles) are required to                    parking space.

                                                                           79



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00079   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 636.30                                                             32 CFR Ch. V (7–1–00 Edition)

                        (c) Whenever Military Police find a                    to any fire station within 75 feet of said
                      vehicle parked or stopped in violation                   entrance (when properly sign posted).
                      of this section, they may immediately                       (6) At any place where official signs
                      move, or cause to be moved, the vehi-                    prohibit standing.
                      cle off the roadway. At the direction of                    (7) Adjacent to any curb painted yel-
                      the Provost Marshall, or his designee,                   low or identified, by signs, as a ‘‘No
                      vehicles parked in restricted or re-                     Parking’’ area.
                      served parking spaces, may be moved.                        (8) Along a roadway against the flow
                        (d) The Military Police may remove                     of traffic.
                      or cause to be removed, to a safe place,                    (9) Within 20 feet of any building in
                      any unattended vehicle illegally left                    what would reasonably be considered a
                      standing upon any highway or bridge                      ‘‘fire-lane’’ unless specified as a park-
                      or within 10 feet of any railroad track                  ing space.
                      on the installation.                                        (10) Parallel parking along the curb
                        (e) As a crime prevention measure,                     is authorized in housing areas unless
                      the Military Police may pick up keys                     otherwise posted.
                      left in vehicles, secure the vehicle in                     (11) Parking is prohibited upon lawns
                      place, and post a notice directing the                   or grassed (seeded) areas, unless spe-
                      owner to proceed to the MP station to                    cifically authorized by the Provost
                      claim his/her keys. The program will be                  Marshal. This prohibition is not in-
                      adequately publicized and will only be                   tended, however, to extend to those lo-
                      invoked after a conscientious attempt                    cations designated as bivouac sites,
                      to locate the owner.                                     range areas, etc.
                        (f) No driver will stop, stand, or park                   (12) No dual-wheeled or tandem-
                      a vehicle:                                               wheeled recreational vehicles and trail-
                        (1) On the roadway side of any vehi-                   ers will be stored at government quar-
                      cle stopped or parked at the edge of a                   ters. All other recreational vehicles, to
                      curb or a street.                                        include campers, trailers, boats, pop-up
                        (2) On a sidewalk.                                     campers, and camper shells may be
                        (3) Within an intersection.                            parked in the driveway area or under
                        (4) On a crosswalk.                                    the carport of individual quarters. To
                                                                               prevent injury to children playing on
                        (5) Alongside or opposite any street
                                                                               and around trailers, one tire on each
                      excavation or obstruction when traffic
                                                                               side of the trailer will be chocked in
                      would be obstructed.
                                                                               front and back. Trailer tongues, with-
                        (6) Upon a bridge or other elevated
                                                                               out installed supports, will either be
                      structure.
                                                                               left on the ground or supported in such
                        (7) On any railroad tracks or within                   a manner as to preclude the support
                      10 feet of any rail road track.                          tipping over and allowing the trailer
                        (8) On any controlled-access highway.                  tongue to fall. If the vehicle creates a
                        (9) Where prohibited by official signs.                safety hazard or is an eyesore, per-
                        (10) Alongside any roadway in any                      sonnel are encouraged to use the stor-
                      manner which obstructs traffic.                          age facilities available at the Outdoor
                        (g) No driver will stand or park a ve-                 Recreation Center, Holbrook Pond,
                      hicle, whether occupied or not, except                   Fort Stewart, or at the Private Vehicle
                      momentarily to pick up or discharge a                    Storage area at Hunter Army Airfield.
                      passenger or passengers:                                 House trailers are not authorized to be
                        (1) In front of a public or private                    parked in the quarters area. Campers,
                      driveway.                                                camper trailers, and tents will not be
                        (2) Within 10 feet of a fire hydrant.                  approved for occupancy in the quarters
                        (3) Within 20 feet of a crosswalk at an                area. Parking of recreational vehicles
                      intersection.                                            on the street will be limited to 24 hours
                        (4) Within 20 feet upon the approach                   for owners to load and unload the vehi-
                      to any flashing signal, a stop sign,                     cle at the owner’s quarters.
                      yield sign, or traffic control signal lo-                   (h) No driver will use a parking lot,
                      cated at the side of a roadway.                          sidewalk, fire lane, or vacant property
                        (5) Within 20 feet of a driveway en-                   to drive on in order to avoid a traffic
                      trance to any fire station and on the                    control device or alter the traffic flow
                      side of a street opposite the entrance                   plan unless authorized to do so by the

                                                                          80



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00080   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                     § 636.32

                      Military Police or a traffic control de-                 gency conditions, closer than 500 feet
                      vice.                                                    or park closer than 500 feet to any
                                                                               emergency vehicle stopped for an emer-
                      § 636.31 Abandoned vehicles.                             gency.
                         (a) Any MP or DOD police officer who                    (d) No vehicle will be driven over a
                      finds or has knowledge of a motor vehi-                  fire hose unless directed to do so by a
                      cle which has been left unattended or                    fire official, or the Military Police.
                      abandoned on a street, road, highway,                      (e) Ground guides will be posted, dur-
                      parking lot, or any other real property                  ing backing, at the left rear of any 3⁄4
                      of the installation for a period of at                   ton or larger vehicle.
                      least 72 hours may be authorized by the                    (f) All vehicles carrying a load will
                      Provost Marshal or his designee to                       have the load secured and/or covered to
                      cause said motor vehicle to be moved                     prevent the load from blowing or
                      to an impoundment lot for storage.                       bouncing off the vehicle.
                         (b) Any MP or DOD police officer                        (g) A red flag or red light, visible for
                      who, under the provisions of this sec-                   at least 100 feet from the rear will be
                      tion, causes any motor vehicle to be                     attached to any load protruding be-
                      moved to an impoundment lot or other                     yond the rear of any vehicle.
                      temporary place of safety is acting                        (h) Troop marches, physical training
                      with proper authority and within the                     runs, etc., will not be conducted in a
                      scope of that officer’s employment, ex-                  manner that will interfere with motor
                      cept that any wanton or intentional                      vehicle traffic on the Fort Stewart/
                      damage done to any motor vehicle by                      Hunter Army Airfield reservation.
                      any MP or DOD police officer should
                                                                                 (1) Units participating in parades and
                      not be within the scope of either that
                                                                               related practices, road marches, etc.,
                      officer’s authority or employment.
                                                                               will not conduct such marches upon
                         (c) Unit commanders, with knowl-
                                                                               any hard surface road or traffic way
                      edge of an abandoned vehicle in their
                                                                               unless coordination has been made
                      unit area, should attempt to identify
                                                                               with the Provost Marshal Office.
                      the owner and have them remove the
                      vehicle. When owners cannot be identi-                     (2) Physical training runs, exercises,
                      fied or are no longer assigned to this                   or tests will not be conducted upon any
                      command, unit commanders will notify                     hard surface road or traffic way unless
                      the MP’s to initiate impoundment pro-                    such is specifically allowed in 24th In-
                      cedures.                                                 fantry Division (Mechanized) and Fort
                         (d) Civilian vehicles left abandoned                  Stewart Regulation 350–1.
                      on the reservation will be towed to an                     (i) Congested housing areas on the in-
                      impoundment lot for further disposi-                     stallation require special precaution on
                      tion.                                                    the part of drivers and persons living in
                         (e) Personnel experiencing motor ve-                  those areas.
                      hicle trouble may authorize the MP                         (1) Parents can assist drivers in this
                      desk to obtain the assistance of a civil-                regard by reminding their children
                      ian wrecker, but in doing so, the gov-                   that housing area streets are ex-
                      ernment assumes no liability of pay-                     tremely dangerous and that playing in
                      ment for such services or possible re-                   the street is prohibited.
                      sulting damage.                                            (2) Bus stops are sites particularly
                                                                               prone to large numbers of children
                      § 636.32 Miscellaneous instructions.                     playing immediately adjacent to or ac-
                         (a) All unattended motor vehicles                     tually in the roadway while awaiting
                      will have the engine stopped and the                     arrival of the school bus.
                      ignition locked.                                           (3) Complaints received by the MP
                         (b) Vehicles will not be operated                     desk, concerning children playing in
                      when so loaded with passengers and/or                    the streets, must be investigated in the
                      goods that the driver’s view is blocked                  interest of safety. Repeated violations
                      or control over the driving mechanism                    could result in further action by the
                      is interfered with.                                      chain of command.
                         (c) Drivers, other than on official                     (j) Vehicles and/or trailers will not be
                      business, will not follow any emer-                      towed with a chain or rope (vehicles
                      gency vehicle, operating under emer-                     may be towed by another privately

                                                                          81



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00081   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 636.33                                                             32 CFR Ch. V (7–1–00 Edition)

                      owned vehicle by use of a rigid tow                      minating 500 feet to the front. Motor-
                      bar).                                                    cycles will have one headlight.
                        (k) At entrances to Fort Stewart/                        (2) Tail Lamps—every vehicle will
                      Hunter Army Airfield where a gate                        have at least one red, self-illuminating
                      guard is positioned, drivers are re-                     lamp, on the rear of the vehicle, visible
                      quired to obey his/her instructions.                     from 500 feet to the rear.
                      During hours of darkness, headlights                       (3) Registration Plate Lamp—every
                      will be switched to parking lights upon                  vehicle will have a lamp designed to il-
                      approach to the gate.                                    luminate the registration plate with
                        (l) Motorists will drive with head-                    white light making the plate legible
                      lights illuminated at any time from a                    from a distance of 50 feet.
                      half hour after sunset to a half hour be-                  (4) Rear Reflectors—every vehicle,
                      fore sunrise and at any time when it is                  except motorcycles, will have two red
                      raining in the driving zone and at any                   reflectors on the rear. Motorcycles will
                      other time when there is not sufficient                  have one red reflector.
                      visibility to render clearly discernible                   (5) Stop Lamp—every vehicle will
                      persons and vehicles on the highway at                   have at least one red or yellow stop
                      a distance of 500 feet ahead.                            lamp on the rear which will be actu-
                        (m) Motor vehicles will not be oper-                   ated upon application of the foot
                      ated if visibility to the front, rear, or                brake.
                      side is rendered unsafe and improper                       (6) Turn Signals—every vehicle will
                      from fogged or iced-over windows.                        be equipped with electrical or mechan-
                        (n) Aircraft runways, taxiways, and                    ical turn signals capable of indicating
                      aprons at Hunter Army Airfield and                       any intention to turn either to the
                      Wright Army Airfield and ‘‘OFF-LIM-                      right or to the left, and visible from
                      ITS’’ to all privately owned vehicles.                   the front and rear. This requirement
                                                                               does not apply to any motorcycle or
                        (o) Extensive repairs to automobiles
                                                                               motor-driven cycle manufactured prior
                      will not be undertaken in housing
                                                                               to 1 January 1972.
                      areas, parking lots, or other similar
                                                                                 (7) Brakes—every vehicle will be
                      areas. Repairs extending over a 24 hour
                                                                               equipped with brakes adequate to con-
                      period will be considered extensive.
                                                                               trol the movement of and to stop and
                        (p) Tactical vehicles will not be driv-
                                                                               hold such vehicle.
                      en in housing areas. Post police or ve-
                                                                                 (8) Horn—every vehicle will be
                      hicles on similar details may drive in
                                                                               equipped with an operable horn, capa-
                      the housing areas as required.
                                                                               ble of emitting sound audible for at
                        (q) Active duty personnel residing on                  least 200 feet.
                      post are encouraged to have their pri-                     (9) Muffler—every vehicle will have a
                      vately owned bicycles, ‘‘go-carts,’’ and                 muffler in good working order and in
                      ‘‘minibikes’’ registered with the Pro-                   constant operation.
                      vost Marshal’s Office (Registration                        (10) Mirror—every vehicle, from
                      Branch) in conjunction with the Instal-                  which the driver’s view is obstructed,
                      lation Crime Prevention Program.                         will be equipped with a mirror reflect-
                        (r) All personnel operating a vehicle                  ing a view of the highway for a dis-
                      on Fort Stewart/Hunter Army Airfield                     tance of at least 200 feet to the rear.
                      will have proof of insurance for the ve-                   (11) Windows—the view through vehi-
                      hicle, in the vehicle at all times.                      cle windows will not be obstructed by
                                                                               any sign, poster, or other nontrans-
                      § 636.33 Vehicle safety inspection cri-                  parent material. Windshields and rear
                          teria.
                                                                               windows will not have starburst or spi-
                        (a) The vehicle safety inspection cri-                 der webbing effect greater than 3
                      teria listed in this paragraph (a) are                   inches by 3 inches. No opaque or solid
                      general in nature; specific evaluation                   material including, but not limited to
                      techniques for these criteria are con-                   cardboard, plastic, or taped glass will
                      tained in Georgia Traffic Law.                           be employed in lieu of glass.
                        (1) Headlights—every vehicle, except                     (12) Windshield Wipers—every vehi-
                      motorcycles, will have at least two                      cle, except motorcycles, will be
                      headlights, one on each side of the                      equipped with operable windshield wip-
                      front of the vehicle, capable of illu-                   ers.

                                                                          82



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00082   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                      § 636.37

                        (13) Tires—every vehicle will be                        gine. This does not negate the require-
                      equipped with serviceable rubber tires                    ment for wearing hearing protection
                      which will have a tread depth of at                       when conditions or good judgment dic-
                      least two thirty-seconds of an inch.                      tate use of such protection.
                        (14) Suspension Systems—no vehicle
                      will have its rear end elevated above                     § 636.36   Alcoholic beverages.
                      the vehicle manufacturer’s designated                       (a) Consuming alcoholic beverages as
                      height (49 CFR 570.8).
                                                                                an operator or passenger in or on U.S.
                        (b) The criteria listed in paragraph
                                                                                Government or privately owned vehi-
                      (a) of this section are not necessarily
                                                                                cles is prohibited.
                      an inclusive list. A vehicle may be
                      deemed unsafe to operate when any                           (b) Consuming alcoholic beverages on
                      part of the vehicle is defective and ren-                 any roadway, parking lot, or where
                      ders the vehicle dangerous to others.                     otherwise posted is prohibited.
                                                                                  (c) Having open containers of alco-
                      § 636.34   Restraint systems.                             holic beverages in vehicles or areas not
                        (a) Restraint systems (seat belts) will                 designated for the consumption of alco-
                      be worn by all operators and pas-                         hol is prohibited.
                      sengers of U.S. Government vehicles on
                      or off the installations.                                 § 636.37   Use of ‘‘Denver Boot’’ device.
                        (b) Restraint systems will be worn by                     The ‘‘Denver Boot’’ device will be
                      all civilian personnel (family members,                   used by Military Police as an addi-
                      guests, and visitors) driving or riding                   tional technique to assist in the en-
                      in a private owned vehicle on the Fort                    forcement of parking violations when
                      Stewart/Hunter Army Airfield installa-                    other reasonably effective but less re-
                      tions.                                                    strictive means of enforcement (such
                        (c) Restraint systems will be worn by                   as warnings, ticketing, reprimands,
                      all soldiers and Reserve Component                        suspensions, or revocations of on-post
                      members on active Federal service                         driving privileges) have failed, or im-
                      driving or riding in a private owned ve-
                                                                                mobilization of the private owned vehi-
                      hicle whether on or off the installa-
                                                                                cle is necessary for safety.
                      tions.
                        (d) Infant/child restraint devices (car                   (a) The use of booting devices will be
                      seats) are required in private owned ve-                  limited to application by the Military
                      hicles for children 4 years old or under                  Police under the following conditions:
                      and not exceeding 45 pounds in weight.                      (1)    Immobilization      of   unsafe,
                        (e) Restraint systems are required                      uninspected, or unregistered vehicles.
                      only in cars manufactured after model                       (2) Immobilization of vehicles in-
                      year 1966.                                                volved in criminal activity.
                        (f) The operator of a vehicle is re-                      (3) For repeat offenders of the park-
                      sponsible for ensuring the use of seat                    ing violations outlined in this supple-
                      belts, shoulder restraints, and child re-                 ment. Three or more parking viola-
                      straining systems when applicable and                     tions within 6 months constitutes
                      may be cited for failure to comply (40                    grounds to boot the vehicle.
                      U.S.C. 318a).                                               (4) At the discretion of the Provost
                        (g) Passengers (over the age of 16) are                 Marshal or his designee, on a case-by-
                      responsible for ensuring that their seat                  case basis.
                      belts/shoulder restraints are used when
                                                                                  (b) Booted vehicle will be marked, for
                      applicable and may be cited for failure
                                                                                driver notification, by placing an or-
                      to comply (40 U.S.C. 318a).
                                                                                ange in color notice on the vehicle
                      § 636.35   Headphones and earphones.                      windshield. The notice will contain in-
                        The wearing of headphones or ear-                       formation on why the vehicle was boot-
                      phones is prohibited while driving a                      ed and instructions on how to have the
                      U.S. Government vehicle, POV, motor-                      booting device properly removed by the
                      cycle, or other self-propelled two-                       Military Police (see figure 636.37).
                      wheel, three-wheel, or four-wheel vehi-
                      cle powered by a motorcycle type en-

                                                                           83



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00083   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 636.38                                                              32 CFR Ch. V (7–1–00 Edition)

                       FIGURE 636.37. DRIVER BOOTING DEVICE                       (2) The impoundment of a privately
                                         NOTICE                                 owned vehicle is inappropriate when
                      1. Your vehicle is illegally parked and has               reasonable alternatives to impound-
                        been secured in place by the Military Po-               ment exist.
                        lice with a vehicle restraining device. Do                (i) An attempt will be made to locate
                        not move this vehicle until the restrain-               the owner of the privately owned vehi-
                        ing device is properly removed by the                   cle and have the vehicle removed.
                        Military Police.
                                                                                  (ii) The vehicle may be moved a short
                      2. Any movement, or attempted movement,
                        of this vehicle could result in damage to               distance to a legal parking area and
                        the device and the vehicle. You will be re-             temporarily secured until the owner is
                        sponsible for any such damage to the ve-                located.
                        hicle and/or the restraining device.                      (iii) Another responsible person may
                      3. Any removal, or attempted removal, of                  be allowed to drive or tow the privately
                        the device could result in you being                    owned vehicle with permission from
                        charged with a criminal offense.                        the owner, operator, or person empow-
                      4. To have this device properly removed by                ered to control the vehicle. In this
                        the Military Police, contact the fol-
                                                                                case, the owner, operator, or person
                        lowing:
                                                                                empowered to control the vehicle will
                            Mon–Fri, 7: a.m.–5: p.m., Bldg 292,                 be informed that the Military Police
                                     Phone 767–2848/8659                        are not responsible for safeguarding
                        Non-Duty Hours, Bldg 285, Phone 767–2822                the privately owned vehicle.
                                             Notice                               (3) Impounding of privately owned ve-
                                                                                hicle is justified when any of the fol-
                      § 636.38 Impounding privately owned                       lowing conditions exist:
                          vehicles (POVs).                                        (i) The privately owned vehicle is il-
                        This section provides the standards                     legally parked—
                      and      procedures       for     towing,                   (A) On a street or bridge, or is double
                      inventorying, searching, impounding,                      parking and interferes with the orderly
                      and disposing of private owned vehi-                      flow of traffic.
                      cles.                                                       (B) On a sidewalk, within an intersec-
                        (a) Implied consent to vehicle impound-                 tion, or a cross-walk, on a railroad
                      ment. Any person granted the privilege                    track, in a fire lane, or is blocking a
                      of operating a motor vehicle on the                       driveway, so that the vehicle interferes
                      Fort Stewart/Hunter Army Airfield in-                     with the operations or creates a safety
                      stallations shall be deemed to have                       hazard to other roadway users or the
                      given his or her consent for the re-                      general public. An example would be a
                      moval and temporary impoundment of                        vehicle parked within 15 feet of a fire
                      the privately owned vehicle when it is                    hydrant or blocking a properly marked
                      parked illegally for unreasonable peri-                   driveway of a fire station or aircraft-
                      ods, interfering with operations, cre-                    alert crew facility.
                      ating a safety hazard, disabled by acci-                    (C) When blocking an emergency exit
                      dent, left unattended in a restricted or                  door of any public place (installation
                      controlled area, or abandoned. Such ve-                   theater, club, dining facility, hospital,
                      hicles will be towed by a contracted ci-                  or other facility).
                      vilian wrecker service and placed in                        (D) In a ‘‘tow-away’’ zone that is so
                      that service’s storage lot. Such persons                  marked with proper signs.
                      further agree to reimburse the civilian                     (ii) The privately owned vehicle
                      wrecker service for the cost of towing                    interferes with—
                      and storage should their vehicle be re-                     (A) Street cleaning operations and
                      moved or impounded.                                       attempts to contact the owner have
                        (b) Standards of impoundment. (1) Pri-                  been unsuccessful.
                      vately owned vehicles will not be im-                       (B) Emergency operations during a
                      pounded unless they clearly interfere                     natural disaster or fire or must be re-
                      with ongoing operations or movement                       moved from the disaster area during
                      of traffic, threaten public safety or                     cleanup operations.
                      convenience, are involved in criminal                       (iii) The privately owned vehicle has
                      activity, contain evidence of criminal                    been used in a crime or contains evi-
                      activity, or are stolen or abandoned.                     dence of criminal activity.

                                                                           84



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00084   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                     § 636.38

                        (iv) The owner or person in charge                     owner, Military Police, the Contractor,
                      has been apprehended and is unable or                    and the Commander.
                      unwilling to arrange for custody or re-                    (B) The contents of a closed con-
                      moval.                                                   tainer such as a suitcase inside the ve-
                        (v) The privately owned vehicle is                     hicle need not be inventoried. Such ar-
                      mechanically defective and is a menace                   ticles should be opened only if nec-
                      to others using the public roadways.                     essary to identify the owner of the ve-
                        (vi) The privately owned vehicle is                    hicle or if the container might contain
                      disabled by a traffic incident and the                   explosives or otherwise present a dan-
                      operator is either unavailable or phys-                  ger to the public. Merely listing the
                      ically incapable of having the vehicle                   container and sealing it with security
                      towed to a place of safety for storage                   tape will suffice.
                      or safekeeping.                                            (C) Personal property will be placed
                        (vii) Military Police reasonably be-                   in the Military Police found property
                      lieve the vehicle is abandoned.                          room for safe keeping.
                        (c) Towing and storage. (1) Impounded                    (iv) DD Form 2507 (Notice of Vehicle
                      privately owned vehicles will be towed                   Impoundment) will be forwarded by
                      and stored by a contracted wrecker                       certified mail to the address of the last
                      service.                                                 known owner of the vehicle to advise
                        (2) An approved impoundment area                       the owner of the impoundment action,
                      belonging to the contracted worker                       and request information concerning
                      service will be used for the storage of                  the owner’s intentions pertaining to
                      impounded vehicles. This area will as-                   the disposition of the vehicle.
                      sure adequate accountability and secu-                     (2) Stolen privately owned vehicles or
                      rity of towed vehicles. One set of keys                  vehicles involved in criminal activity. (i)
                      to the enclosed area will be maintained                  When the privately owned vehicle is to
                      by the Military Police.                                  be held for evidentiary purposes, the
                        (3) Temporary impoundment and                          vehicle will remain in the custody of
                      towing of privately owned vehicles for                   the Military Police or CID until law
                      violations of this supplement or in-                     enforcement purposes are served.
                      volvement in criminal activities will                      (ii) Recovered stolen privately owned
                      be accomplished under the direct su-                     vehicles will be released to the reg-
                      pervision of the Military Police.                        istered owner, unless held for evi-
                        (d) Procedure for impoundment. (1) Un-                 dentiary purposes, or to the law en-
                      attended privately owned vehicles.                       forcement agency reporting the vehicle
                        (i) DD Form 2504 (Abandoned Vehicle                    stolen.
                      Notice) will be conspicuously placed on                    (iii) A privately owned vehicle held
                      privately owned vehicles considered                      on request of other authorities will be
                      unattended. This action will be docu-                    retained in the custody of the Military
                      mented by an entry in the Military Po-                   Police or CID until the vehicle can be
                      lice desk journal.                                       released to such authorities.
                        (ii) The owner will be allowed three                     (e) Search incident to impoundment
                      days from the date the privately owned                   based on criminal activity. Search of a
                      vehicle is tagged to remove the vehicle                  privately owned vehicle in conjunction
                      before impoundment action is initi-                      with impoundment based on criminal
                      ated. If the vehicle has not been re-                    activity will likely occur in one of the
                      moved after three days, it will be re-                   following general situations:
                      moved by a contracted civilian wrecker                     (1) The owner or operator is not
                      service. A DD Form 2505 (Abandoned                       present. This situation could arise dur-
                      Vehicle Removal Authorization) will                      ing traffic and crime-related impound-
                      be completed and issued to the con-                      ments and abandoned vehicle seizures.
                      tractor by the Military Police.                          A property search related to an inves-
                        (iii) After the vehicle has been re-                   tigation of criminal activity should not
                      moved, the Military Police will com-                     be conducted without search authority
                      plete DD Form 2506 (Vehicle Impound-                     unless the item to be seized is in plain
                      ment Report) as a record of the actions                  view or is readily discernible on the
                      taken.                                                   outside as evidence of criminal activ-
                        (A) An inventory listing personal                      ity. When in doubt, proper search au-
                      property will be done to protect the                     thority should be sought, during duty

                                                                          85



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00085   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Pt. 636, App. A                                                       32 CFR Ch. V (7–1–00 Edition)

                      hours, through the Chief, Criminal Law                    ment of Commerce, 5285 Port Royal Road,
                      Branch of the Office of Staff Judge Ad-                   Springfield, VA 22161.
                      vocate and after duty hours from the                        In addition to the related publications list-
                                                                                ed in appendix A to part 634 of this sub-
                      Duty Judge Advocate, before search-                       chapter, the following publications provide a
                      ing.                                                      source of additional information:
                         (2) The owner or operator is present.                  FS Reg 190–7, Emergency Vehicle Operation
                      This situation can occur during either                    FS Reg 350–1, Active Component Training
                      a traffic or criminal incident, or if the                 FS Reg 385–14, Post Range Regulation
                      operator is apprehended for a crime or                    FS Reg 755–2, Lost, Abandoned, or Unclaimed
                      serious traffic violation and sufficient                    Privately Owned Personal Property
                      probable cause exists to seize the vehi-                    In addition to the prescribed forms used in
                      cle. This situation could also arise dur-                 appendix A to part 634 of this subchapter, the
                      ing cases of intoxicated driving or traf-                 following forms should be used:
                      fic accidents in which the operator is                    AFZP Form Letter 316, Suspension of Driv-
                      present but incapacitated or otherwise                      ing Privileges
                                                                                DA Form 3946, Military Police Traffic Acci-
                      unable to make adequate arrangements
                                                                                  dent Report
                      to safeguard the vehicle. If danger ex-                   DA Form 3975, Military Police Report
                      ists to the Military Police or public or                  DD Form 1920, Alcohol Influence Report
                      if there is risk of loss or destruction of                DD Form 2220, DOD Registered Vehicle
                      evidence, an investigative type search                    DD Form 2504, Abandoned Vehicle Notice
                      of the vehicle may be conducted with-                     DD Form 2505, Abandoned Vehicle Removal
                      out search authority.                                       Authorization
                                                                                DD Form 2506, Vehicle Impoundment Report
                         (f) Disposition of vehicles after im-                  DD Form 2507, Notice of Vehicle Impound-
                      poundment. (1) If a privately owned ve-                     ment
                      hicle is impounded for evidentiary pur-
                      poses, the vehicle can be held for as                                     Other References
                      long as the evidentiary or law enforce-                     8 U.S.C. 13.
                      ment purpose exists. The vehicle must                       40 U.S.C. 318a.
                      then be returned to the owner without                       Memorandum of Understanding, Subject:
                      delay unless directed otherwise by                        Seizure of Assets for Administrative For-
                      competent authority.                                      feiture in Drug Related Cases.
                         (2) If the vehicle is unclaimed after 45                     APPENDICES B—C TO PART 636
                      days from the date notification was                                     [RESERVED]
                      mailed to the last known owner or the
                      owner released the vehicle by properly                      APPENDIX D TO PART 636—GLOSSARY
                      completing DD Form 2505, the vehicle
                      will be disposed of by one of the fol-                      In addition to the terms listed in appendix
                                                                                D to part 634 of this subchapter, the fol-
                      lowing procedures:                                        lowing terms apply:
                         (i) Release to the lienholder, if                      ATV—All Terrain Vehicles
                      known.                                                    CID—Criminal Investigation Division
                         (ii) Processed as abandoned property                   CUCV—Commercial Utility Cargo Vehicle
                      in accordance with DOD 4160.21–M.                         DDC—Defensive Driving Course
                                                                                DOD—Department of Defense
                      APPENDIX A TO PART 636—REFERENCES                         DPCA—Directorate of Personnel and Com-
                                                                                  munity Activities
                        Publications and forms referenced in this               DUI—Driving Under the Influence
                      part may be viewed at the Office of the Pro-              DDC—Motorcycle Defensive Driving Course
                      vost Marshall on any major Army installa-                 MP—Military Police
                      tion or may be obtained from the National                 NLT—Not later than
                      Technical Information Service, U.S. Depart-               USAREUR—United States Army—Europe




                                                                           86



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00086   Fmt 8010   Sfmt 8002   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                                                SUBCHAPTER J—REAL PROPERTY

                            PARTS 641–642 [RESERVED]                            643.38 Policy—Utility rates.
                                                                                643.39 Policy—American       National    Red
                                                                                    Cross.
                              PART 643—REAL ESTATE                              643.40 Policy—Young Men’s Christian Asso-
                                                                                    ciation (YMCA).
                                    Subpart A—General                           643.41 Policy—National Guard use.
                                                                                643.42 Policy—Consents for crossing of
                      Sec.                                                          rights-of-way  and   similar    interests
                      643.1 Purpose.                                                owned by the United States.
                      643.2 Applicability.
                      643.3 Authority to grant use of real estate.                            Subpart C—Leases
                      643.4 Responsibilities of the Chief of Engi-
                          neers (COE).                                          643.51  Additional items concerning leasing.
                      643.5 Responsibilities of major commands                  643.52  Term.
                          (MACOMS) and special staff agencies.                  643.53  Consideration.
                      643.6 Responsibilities of overseas com-                   643.54  Receipts.
                          manders.                                              643.55  Mandatory revocation clause in
                      643.7 Preparation of report of availability.                  lease.
                      643.8 Approval of report of availability.
                                                                                643.56  Taxation of lessee’s interest.
                      643.9 Approval of availability outside the
                                                                                643.57  Subleasing or assignment.
                          United States.
                      643.10 Reports to DOD and the congressional
                          committees on Armed Services.                                      Subpart D—Licenses
                      643.11 Rights of entry.                                   643.71  Additional items         concerning     li-
                      643.12 Preparation and signing of instru-                     censes.
                          ments.
                                                                                643.72  License.
                      643.13 Military requirement for real estate
                                                                                643.73  Term.
                          under grant.
                                                                                643.74  Consideration.
                      643.14 Inspection to assure compliance with
                          terms of outgrants.
                      643.15 Unauthorized use.                                              Subpart E—Easements
                                                                                643.81   Additional items concerning ease-
                                     Subpart B—Policy                               ments.
                      643.21 Policy—Surveillance.                               643.82   Term.
                      643.22 Policy—Public safety: Requirement                  643.83   Consideration.
                          for early identification of lands con-                643.84   Easement—Grantees relocate or re-
                          taining dangerous materials.                              place needed facilities.
                      643.23 Policy—Preference.                                 643.85   Easement grantees—Payment for re-
                      643.24 Policy—Competition.                                    moval or destruction of unneeded im-
                      643.25 Policy—Grants which may embarrass                      provements.
                          the Department of the Army.                           643.86   Easements for various purposes with
                      643.26 Policy—Commercial advertising on                       relinquishment of legislative jurisdic-
                          reservations.                                             tion.
                      643.27 Policy—Environmental          consider-
                          ations.                                                             Subpart F—Permits
                      643.28 Policy—Historic and cultural envi-
                          ronment.                                              643.101   Additional items concerning per-
                      643.29 Policy—Archeological surveys.                          mits.
                      643.30 Policy—Construction projects and ac-               643.102   Permit.
                          tivities; protection of historical and ar-            643.103   Term.
                          cheological data.                                     643.104   Consideration.
                      643.31 Policy—Flood hazards.
                      643.32 Policy—Endangered species.                             Subpart G—Additional Authority of
                      643.33 Policy—Costal zone management.                                  Commanders
                      643.34 Policy—Public utilities on installa-
                          tions.                                                643.111  Additional authority.
                      643.35 Policy—Mineral leasing on lands con-               643.112  Army exchange activities.
                          trolled by the Department of the Army.                643.113  Banks.
                      643.36 Policy—Interim leasing of excess                   643.114  Civil disturbances.
                          properties to facilitate economic read-               643.115  Contractors—Permission to erect
                          justment.                                                 structures.
                      643.37 Policy—Requests      to    search   for            643.116  Credit unions.
                          treasure trove.                                       643.117  Hunting, trapping, and fishing.

                                                                           87



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00087   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 643.1                                                               32 CFR Ch. V (7–1–00 Edition)
                      643.118   Nonappropriated funds—Authority                 section 2667, which authorizes the Sec-
                          to permit erection of structures.                     retary of the Army (SA), whenever it is
                      643.119   Licenses incidental to post adminis-            considered to be advantageous to the
                          tration.
                      643.120   Post offices.                                   United States, to lease such real or
                      643.121   Private organizations on DA instal-             personal property under Army control,
                          lations.                                              which is not for the time needed for
                      643.122   Reserve facilities—Air Force and                public use, upon such terms and condi-
                          Navy use.                                             tions as the SA considers will promote
                      643.123   Reserve facilities—Local civic orga-            the national defense or be in the public
                          nizations.
                      643.124   Rights-of-way for ferries and live-             interest.
                          stock.                                                  (c) Grants under statutory authori-
                      643.125   Trailer sites.                                  ties cited in this regulation of real
                      643.126   Transportation licenses.                        property pertaining to river and har-
                      643.127   Quarters.                                       bor, water resource development and
                      643.128   Veterans’ conventions.
                                                                                flood control projects, will be under the
                      643.129   Youth groups.
                      643.130   Joint carrier Military Traffic Of-              policies and general guidelines set
                          fices    (JAMTO,      JBMTO,      JRMTO,              forth in this regulation.
                          SAMTO).                                                 (d) The SA may, under the general
                       AUTHORITY: 10 U.S.C. 2667.                               administrative powers vested in the of-
                                                                                fice, authorize the use of real estate in
                        SOURCE: 43 FR 29748, July 10, 1978, unless
                      otherwise noted.
                                                                                the absence of statutory authority, in
                                                                                unusual circumstances, provided the
                                                                                property is not for the time being re-
                                Subpart A—General                               quired for public use, the grant conveys
                      § 643.1 Purpose.                                          no interest in the real estate and the
                                                                                proposed use will be of a direct benefit
                         (a) This regulation sets forth the au-                 to the United States. Under this au-
                      thority, policy, responsibility, and pro-                 thority, the right to use real estate
                      cedure for making military real estate,                   may also be granted to other military
                      under the control of the Department of                    departments or Federal agencies.
                      the Army, available for use by other
                                                                                  (e) Except as otherwise provided in
                      military departments, Federal agen-
                                                                                this regulation, an interest in real es-
                      cies, State and local governmental
                      agencies, private organizations or indi-                  tate will not be granted unless author-
                      viduals.                                                  ized by law.
                         (b) This regulation implements De-                       (f) Other laws authorizing grants for
                      partment of Defense Directives and In-                    non-Army use of real estate for various
                      structions (4165 series), which include                   purposes and Table of Related Army
                      policies and procedures concerning use                    Regulations are set forth in appendixes
                      of military real estate.                                  A and B, respectively.

                      § 643.2 Applicability.                                    § 643.4 Responsibilities of the Chief of
                                                                                    Engineers (COE).
                         This regulation is applicable to Army
                      military real estate, which includes                        (a) After it is determined that real
                      land and improvements thereon and is                      estate located in the United States,
                      also referred to as real property.                        Puerto Rico, American Virgin Islands
                                                                                and the Panama Canal Zone, is avail-
                      § 643.3 Authority to grant use of real                    able for non-Army use, the COE, except
                           estate.                                              as otherwise provided in this regula-
                         (a) The United States Constitution                     tion, is charged with responsibility for
                      (Article IV, Section 3), provides that                    arranging for the use of real estate
                      the Congress shall have power to dis-                     within the scope of this regulation. In
                      pose of and make all needful rules and                    the performance of this function, the
                      regulations respecting the territory or                   COE is authorized to obtain such tech-
                      other property belonging to the United                    nical assistance from the using service
                      States.                                                   as may be deemed necessary.
                         (b) One of the principal authorities                     (b) COE has staff responsibility over
                      for the use of military real estate for                   real estate matters in Guam, American
                      commercial purposes is title 10 U.S.C.,                   Samoa, Trust Territory of the Pacific

                                                                           88



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00088   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                       § 643.8

                      Islands (TTPI), and in foreign coun-                     § 643.6 Responsibilities          of   overseas
                      tries.                                                       commanders.
                        (c) Except as otherwise provided in                      Overseas commanders are charged
                      this regulation, determinations that                     with responsibility for the granting of
                      real estate is available for non-Army                    use of real estate in overseas areas
                      use must be approved by the COE.                         (Puerto Rico, Guam, the American Vir-
                        (d) The authority of the COE to grant                  gin Islands, American Samoa, TTPI,
                      use of real estate will be delegated, to                 and the Canal Zone), and in foreign
                      the extent feasible, to U.S. Army Divi-                  countries, for non-Army use under the
                      sion and District Engineers (DE).                        policy and guidance expressed in this
                        (e) The COE is responsible for the                     regulation, provided such use is con-
                      granting of temporary use of real es-                    sistent with the Status of Forces
                      tate reported excess to the General                      Agreements, Treaties, or the Agree-
                      Services Administration (GSA), to the                    ments under which the Army controls
                      extent authorized by regulations issued                  such real estate.
                      pursuant to the Federal Property and                     § 643.7 Preparation of report of avail-
                      Administrative Services Act of 1949, as                      ability.
                      amended (40 U.S.C. 471, et seq.), and as
                                                                                 A report of availability will be pre-
                      provided in title 10 U.S.C., section
                                                                               pared by the installation commander
                      2667(f). The COE is also responsible for
                                                                               or head of the special staff agency,
                      supervision and the issuance of instruc-                 when it is determined that for the time
                      tions covering the granting of use of                    being the real estate is not required for
                      real estate within the scope of this reg-                Army use and can be made available,
                      ulation. Where Army or installation                      either concurrently with the Army, or
                      commanders are authorized to grant                       exclusively, for use by another mili-
                      use of real estate, they are authorized                  tary department, by other Federal
                      to obtain technical assistance from the                  agencies, by State or local govern-
                      appropriate DE.                                          mental agencies, private organizations
                        (f) In reviewing Army requirements                     or individuals. The installation com-
                      for real estate (AR 405–10), the COE will                mander’s recommendation will be
                      consider the availability and adequacy                   made as far in advance as possible so as
                      of other military or federally-owned                     to minimize the time lapse between the
                      real estate to satisfy Army require-                     determination of availability and the
                      ments before leasing privately-owned                     date of use of the property by the
                      real estate, or renewing existing leases.                grantee. Where real estate suitable for
                                                                               agricultural or grazing purposes is in-
                      § 643.5 Responsibilities of major com-                   volved, the normal season for planting
                          mands (MACOMS) and special staff                     and grazing should be taken into con-
                          agencies.                                            sideration so that the property may be
                        Except as otherwise provided herein,                   advertised in a timely manner. A copy
                                                                               of each report will be furnished to the
                      determinations of availability will be
                                                                               appropriate DE for information. The
                      approved by the COE or higher author-
                                                                               report of availability will contain the
                      ity. MACOMS and special staff agen-
                                                                               information outlined in appendix C.
                      cies are responsible for determining
                      the real estate which can be made                        § 643.8 Approval of report of avail-
                      available for non-Army use, specifying                       ability.
                      the authorized uses of the property                        The recommendation that real estate
                      which will not be incompatible with                      is determined available for non-Army
                      military requirements for the property,                  use will be submitted by the installa-
                      the length of the term and any restric-                  tion commander to the major com-
                      tions to be imposed on the grantee’s                     mander for approval, through the ech-
                      use. Upon approval of the determina-                     elon of command. The major com-
                      tion of availability, the real estate                    mander will approve such recommenda-
                      grant will be issued by the DE or as                     tion and submit it to the appropriate
                      otherwise provided in this regulation.                   DE for action, except recommendations



                                                                          89



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00089   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 643.9                                                               32 CFR Ch. V (7–1–00 Edition)

                      involving the following actions will be                   ize any use of such property which is
                      forwarded to the COE:                                     necessary in the accomplishment of the
                        (a) A lease or license, including li-                   DA mission for which the property was
                      censes to States for National Guard                       acquired. All other proposed uses will
                      purposes, if the estimated annual rent-                   be coordinated with the United States
                      al value exceeds $50,000.                                 diplomatic mission in the country in-
                        (b) A permit, license, or other grant                   volved prior to submission to HQDA
                      of real estate, regardless of value,                      (DAEN–REM) WASH DC 20314, for ap-
                      which results in a significant reduction                  proval. Where the overseas commander
                      or redirection of installation mission                    is authorized to approve such use, the
                      objectives;                                               commander or designee will prepare
                        (c) A lease of land where the proposed                  and execute the necessary grant.
                      lease term is in excess of 25 years for
                      banks and Federal credit untions and/                     § 643.10 Reports to DOD and the con-
                      or the building to be constructed ex-                          gressional committees on Armed
                      ceeds DOD space criteria;                                      Services.
                        (d) Any permit, license, agreement,                        (a) The grants set forth in 1–8a.
                      or other grant to another military de-                    through f., with respect to real estate
                      partment or to a Federal agency of                        in the United States, Puerto Rico,
                      large or significant real estate holdings                 American Virgin Islands, Guam, Amer-
                      for a period in excess of 5 years (includ-                ican Samoa, and the TTPI, require
                      ing renewal options);                                     prior approval of the Assistant Sec-
                        (e) A grant of an easement which in-                    retary of Defense (I&L), and rec-
                      volves the replacement or relocation of                   ommendations should contain informa-
                      Army facilities at an estimated cost in                   tion in justification thereof.
                      excess of $100,000;                                          (b) The grants set forth in 1–8a., with
                        (f) A grant of an easement where the                    respect to real estate in the United
                      estimated annual fair market value of                     States and in designated overseas areas
                      the easement exceeds $50,000.                             (excluding the Canal Zone), except
                        (g) A grant which is controversial or                   leases for agricultural or grazing pur-
                      unusual in nature and may embarrass                       poses, require a report to the Commit-
                      the DA;                                                   tees on Armed Services of the Senate
                        (h) A grant involving search for                        and House of Representatives as pro-
                      treasure trove;                                           vided in title 10 U.S.C., section 2662.
                        (i) A grant for vehicle speed contests;
                        (j) A grant at an active industrial in-                 § 643.11 Rights of entry.
                      stallation, excluding unimproved land                        Pending the signing of the formal in-
                      areas.                                                    strument, no right of entry will be
                        NOTE: The Commander, U.S. Army Mate-
                                                                                granted unless authorized by the office
                      riel Development & Readiness Command
                      (DARCOM), is authorized to approve deter-                 wherein the instrument will be signed,
                      minations of availability at standby indus-               except where contrary instructions
                      trial installations where the estimated an-               have previously been issued by the DA.
                      nual rental value does not exceed $50,000.                When authorized, rights of entry will
                                                                                be granted by the DE, or overseas com-
                      § 643.9 Approval of availability outside                  mander, as appropriate.
                          the United States.
                         Overseas commanders may authorize                      § 643.12 Preparation and signing of in-
                      the use by another military depart-                            struments.
                      ment or a Federal agency of an instal-                       Instuments granting temporary use
                      lation or portion thereof located in des-                 of real estate will be prepared as pro-
                      ignated overseas areas and in foreign                     vided in this regulation. Except where
                      countries when the real estate is not                     authority has been otherwise granted,
                      for the time needed for Army purposes                     the COE or designee will approve, exe-
                      or its concurrent use for other purposes                  cute, and distribute instruments to the
                      will not interfere with the mission of                    extent authorized by the SA; otherwise
                      the installation and such other use is                    they will be prepared and submitted for
                      not inconsistent with the agreement                       execution by direction of the appro-
                      under which the property was acquired.                    priate Assistant Secretary of the
                      Overseas commanders may also author-                      Army.

                                                                           90



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00090   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                      § 643.21

                      § 643.13 Military requirement for real                    installation commander will make in-
                           estate under grant.                                  terim inspections of all real estate
                         When a military requirement arises                     being used for non-military purposes as
                      for real estate which is being used                       are necessary for timely observation of
                      under a grant of non-Army use, the                        the extent of compliance with grant
                      withdrawal of availability will be ap-                    provisions designed to protect and pre-
                      proved at the same level of command                       serve the real estate for military re-
                      as that required for determining the                      quirements, and will furnish the appro-
                      property available for non-Army use.                      priate DE a copy of a written report of
                      The office responsible for effecting                      the inspection reflecting findings and
                      temporary use of the property should                      recommendations. In order that the
                      be promptly notified of the withdrawal                    grantee’s operations not be unreason-
                      of availability for non-Army use and                      ably disrupted, the annual compliance
                      the latest date the property will be re-                  inspection made by the DE will be co-
                      quired for military purposes. Termi-                      ordinated with the installation com-
                      nation of the use will be in accordance                   mander so that, if feasible, only one in-
                      with the provisions of the grant unless                   spection will be made. Where nec-
                      military necessity requires other ac-                     essary, corrective action in accordance
                      tion. In order to avoid possible claims                   with applicable regulations will be
                      for damages and in the interest of good                   taken for the enforcement of the terms
                      community relations and in further-                       of the grant by the responsible officer
                      ance of the Army’s leasing program,                       who granted the use. Overseas com-
                      the grantee will be allowed, when prac-                   manders are responsible for inspection
                      ticable, a reasonable time after notice                   of real estate under their jurisdiction
                      of revocation, to vacate the premises,                    and necessary corrective action.
                      remove his property and, if required,
                                                                                § 643.15 Unauthorized use.
                      restore the premises. In controversial
                      cases, or where a claim for damages or                       Whenever it is observed that real es-
                      litigation    is   anticipated,  HQDA                     tate under the control of the DA is
                      (DAEN–REM) WASH DC 20314, will be                         being used and/or occupied by private
                      notified of the circumstances prior to                    parties without proper authority, cor-
                      sending notification of termination of                    rective action will be taken to cause
                      the grant to the grantee.                                 such unauthorized use to be discon-
                                                                                tinued or to formalize such use and oc-
                      § 643.14 Inspection to assure compli-                     cupancy by an appropriate grant in ac-
                          ance with terms of outgrants.                         cordance with this regulation. In either
                         Commanders will provide general                        event, compensation will be obtained
                      surveillance over areas made available                    for the unauthorized use of such prop-
                      for non-Army use and will advise the                      erty.
                      DE if and when there are any irregular-
                      ities. Real estate which is being used                                Subpart B—Policy
                      for non-military purposes will be in-
                      spected at least once each year by the                    § 643.21 Policy—Surveillance.
                      COE, or by his representative, to deter-                     Installation Commanders will main-
                      mine whether grantees or occupants                        tain constant surveillance over real es-
                      are complyng with the terms of the in-                    tate under their jurisdiction to deter-
                      struments authorizing use and occu-                       mine whether any of it is excess to re-
                      pancy, except with respect to ease-                       quirements, or may be made available
                      ments and licenses for rights-of-way                      for other Army use, or may be made
                      for roads, streets, powerlines, pipelines,                available for use for other than Army
                      underground communication lines and                       purposes and will process such deter-
                      similar facilities. The COE will make                     minations expeditiously in accordance
                      compliance inspections for such ease-                     with the provisions of this regulation.
                      ments and licenses at least once during                   From time to time DOD, DA and GSA
                      each 5-year period. However, the DE                       surveys will be made pursuant to Exec-
                      will check with installation com-                         utive Order 11954, 7 January 1977, which
                      manders annually to assure that there                     enunciated a uniform policy for the Ex-
                      are no situations which might need                        ecutive Branch of the Federal Govern-
                      correction prior to the inspection. The                   ment with respect to the identification

                                                                           91



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00091   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 643.22                                                              32 CFR Ch. V (7–1–00 Edition)

                      of excess and under-utilized real estate                  § 643.24 Policy—Competition.
                      (AR 405–70). Real estate for which is re-                    The use of real estate under the con-
                      tained for future use will be a require-                  trol of DA for private purposes will be
                      ment which will be disposed of in ac-                     granted only after reasonable efforts
                      cordance with AR 405–90. Real estate                      have been made to obtain competition
                      which the Army does not currently                         for its use, through advertising. Adver-
                      need but which is retained for future                     tising is any method of public an-
                      use will be made available to others for                  nouncement intended to aid directly or
                      use either exclusively or concurrently                    indirectly in obtaining offers on a com-
                      with the Army. When an installation is                    petitive basis. Advertising may be ac-
                      in an inactive status, the presumption                    complished by circulating and posting
                      is that it is available for other military                notices and by paid advertising in
                      or Federal use or for leasing unless                      newspapers and trade journals. The
                      there are cogent reasons that such ac-                    purpose of seeking competition is to af-
                      tion should not be taken. The purpose                     ford all qualified persons equal oppor-
                      of this rule is to put to beneficial use                  tunity to bid for the use of the prop-
                      Federal property, which is not for the                    erty, to secure for the Government the
                      time required for its basic use, for the                  benefits which flow from competition,
                      benefit of other Federal agencies, the                    and to prevent criticism that favor-
                      local economy, or for the benefits ac-                    itism has been shown by officers or em-
                      cruing to the United States from the                      ployees of the Government in making
                      income and/or savings of maintenance,                     public property available for private
                      protection, repair, or restoration.                       use. Although the lease of Government
                                                                                real estate to civilians employed by
                      § 643.22 Policy—Public    safety:  Re-                    the military departments or officers or
                          quirement for early identification                    enlisted personnel of the Armed Forces
                          of lands containing dangerous ma-                     is not prohibited by law, it is essential
                          terials.                                              that extreme care be exercised to avoid
                        (a) DA will not make available to                       favoritism or the appearance of favor-
                      others any real estate which is con-                      itism. Generally leases to Federal Gov-
                      taminated with explosives or with                         ernment personnel will be granted only
                      toxic materials or other innately or po-                  after competitive bid under the sealed
                      tentially harmful elements until such                     bid method. The provisions of this
                      elements have been removed or have                        paragraph do not affect the authority
                      been rendered harmless, unless the pro-                   contained in AR 210–10 and 210–50 for
                      posed user of the area is aware of the                    furnishing quarters to civilian employ-
                      condition of the area and is technically                  ees of DA. Also the provisions of this
                      qualified and certified to make use of                    paragraph do not affect the use of Fed-
                      the area in its contaminated state.                       eral facilities by uniformed personnel
                        (b) It is imperative that commanders                    as may be otherwise provided for.
                      keep records on and have a continuing                     Other exceptions to the advertising
                      awareness of the state of contamina-                      policy are as follows:
                      tion of lands by explosives, military                        (a) Granting easements, leases and li-
                      chemical or other dangerous materials.                    censes to public agencies and public
                                                                                utilities.
                        (c) Procedures with respect to action
                                                                                   (b) Granting permits to other Federal
                      to neutralize or decontaminate the
                                                                                agencies.
                      area are set forth in AR 405–90.                             (c) Leasing cable pairs.
                                                                                   (d) Leases or licenses to utility com-
                      § 643.23   Policy—Preference.
                                                                                panies having an exclusive franchise in
                        Army real estate under the control of                   the area, for space on Government-
                      DA which is made available for use for                    owned poles for attaching their electric
                      other than Army purposes will be made                     transmission communication lines.
                      available for use by other military de-                      (e) COE is authorized to grant a waiv-
                      partments or DOD activities and agen-                     er of competition upon a determination
                      cies, other Federal departments, ac-                      that it will promote the national de-
                      tivities or agencies, State or local gov-                 fense or will be in the public interest or
                      ernmental bodies and other private                        upon a determination that competition
                      parties, in that order.                                   is impracticable.

                                                                           92



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00092   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                       § 643.30

                      § 643.25 Policy—Grants which may em-                       § 643.28 Policy—Historic and cultural
                          barrass the Department of the                              environment.
                          Army.                                                    (a) Executive Order 11593, 36 FEDERAL
                        The use of property under DA control                     REGISTER 8921 (Appendix D) provides in
                      will not be authorized for any purpose                     part that the Federal Government
                      when the proposed use or the revoca-                       shall provide leadership in preserving,
                      tion thereof might prove embarrassing                      restoring and maintaining the historic
                      to the DA.                                                 and cultural environment of the Na-
                                                                                 tion; that Federal agencies shall:
                      § 643.26 Policy—Commercial                   adver-          (1) Administer the cultural properties
                          tising on reservations.                                under their control in a spirit of stew-
                        DA will not authorize the posting of                     ardship and trusteeship for future gen-
                      notices or erection of billboards or                       erations;
                      signs for commercial purposes on prop-                       (2) Initiate measures necessary to di-
                      erty under its control.                                    rect their policies, plans and programs
                                                                                 in such a way that federally owned
                      § 643.27 Policy—Environmental consid-                      sites, structures and objects of histor-
                          erations.                                              ical, architectural, or archeological
                                                                                 significance are preserved, restored and
                         DA will not authorize the use of real                   maintained for the inspection and ben-
                      estate, water and other natural re-                        efit of the people; and
                      sources when such use is not in har-                         (3) In consultation with the Advisory
                      mony with the goals and intent of the                      Council on Historic Preservation (16
                      following legislation and/or similar leg-                  U.S.C. 470i) institute procedures to as-
                      islation which establishes a firm Fed-                     sure that Federal plans and programs
                      eral policy and provides procedures to                     contribute to the preservation and en-
                      enhance the overall environmental                          hancement of non-federally owned
                      quality.                                                   sites, structures and objects of histor-
                         (a) National Environmental Policy                       ical, architectural, or archeological
                      Act of 1969 (NEPA), (42 U.S.C. 4321),                      significance (AR 200–1, chapter 8 and
                      (AR 200–1, chapters 1 and 2).                              App. A).
                         (b) National Historic Preservation                        (b) Outgrants will include conditions
                      Act of 1966 (Pub. L. 89–665, 16 U.S.C.                     to assure protection of real estate as
                      470–47M, 1970), as amended by 16 U.S.C.                    contemplated in paragraph (a) of this
                      470h, 470i, 470l–470n, Supp. 1973).                        section.
                         (c) Federal Water Pollution control
                                                                                 § 643.29   Policy—Archeological surveys.
                      Act of 1972, as amended.
                         (d) Endangered Species Act of 1973 (16                    The SA under the authority of 16, 432,
                      U.S.C. 1531 et seq.).                                      may allow the examination of ruins,
                         (e) Coastal Zone Management Act of                      the excavation of archeological sites,
                      1972 (16 U.S.C. 1451).                                     and the gathering of objects of antiq-
                         (f) Clean Air Act of 1970, as amended,                  uity upon Army lands by institutions
                                                                                 which are deemed properly qualified to
                      (42 U.S.C. 1857), (AR 200–1, chapter 4).
                                                                                 conduct such examinations, exca-
                         (g) Marine Protection, Research and                     vations, and gatherings (AR 200–1,
                      Sanctuaries Act of 1972 (16 U.S.C. 1431),                  chapter 8).
                      (AR 200–1, chapter 3).
                         (h) Solid Waste Disposal Act, as                        § 643.30 Policy—Construction projects
                      amended (42 U.S.C. 3251), (AR 200–1,                           and activities; protection of histor-
                      chapter 6).                                                    ical and archeological data.
                         (i) Federal Insecticide, Fungicide and                    The Archeological and Historical
                      Rodenticide Act, as amended by the                         Preservation Act of 1974 (16 U.S.C. 469
                      Federal Environmental Pesticide Con-                       et seq.) provides for the preservation of
                      trol Act of 1972 (7 U.S.C. 136), (AR 200–                  historical and archeological data on all
                      1, chapter 6).                                             Federal or Federally-assisted construc-
                         (j) Noise Control Act of 1972 (42                       tion projects or in connection with any
                      U.S.C. 4901), (AR 200–1, chapter 7).                       federally licensed activities or pro-
                                                                                 grams.

                                                                            93



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00093     Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 643.31                                                              32 CFR Ch. V (7–1–00 Edition)

                      § 643.31   Policy—Flood hazards.                            (b) Applications for grants for use of
                                                                                real estate affecting land or water uses
                        Each Determination of Availability
                                                                                in the coastal zone of a state will in-
                      Report will include an evaluation of
                                                                                clude a certification that the proposed
                      the flood hazards, if any, relative to
                                                                                activity complies with the state’s ap-
                      the property involved in the proposed
                                                                                proved program and that applicant’s
                      outgrant action, pursuant to the provi-
                      sions of Executive Order 11296, August                    activity will be conducted in a manner
                      10, 1966. DA will not authorize the use                   consistent with the law.
                      of lands in flood plains for habitation                     (c) An activity affecting land or
                      purposes or any other use which may                       water uses in the coastal zone of a
                      be uneconomical, hazardous, or unnec-                     state which will not be conducted in a
                      essary.                                                   manner consistent with an approved
                                                                                state program will be exempted from
                      § 643.32   Policy—Endangered species.                     this certification requirement only if
                                                                                the Secretary of Commerce, on his own
                        The Endangered Species Act of 1973
                                                                                initiative or upon appeal of the appli-
                      (16 U.S.C. 1531 et seq.), declares the in-
                                                                                cant, determines that the activity is
                      tention of Congress to conserve threat-
                                                                                consistent with the objectives of the
                      ened and endangered species of fish,
                                                                                Coastal Zone Management Act or is
                      wildlife and plants, and the ecosystems
                                                                                otherwise necessary in the interest of
                      on which those species depend. The Act
                                                                                national security.
                      provides that Federal agencies must
                      utilize their authorities in furtherance                  § 643.34 Policy—Public utilities on in-
                      of its purposes by carrying out pro-                          stallations.
                      grams for the conservation of endan-
                      gered or threatened species, and by                         (a) Contracting officers, with the ap-
                      taking such necessary action to insure                    proval of Installation Commanders, are
                      that any action authorized by that                        authorized to permit the extension of
                      agency will not jeopardize the contin-                    public utilities upon installations, as
                      ued existence of such endangered or                       part of the contract for furnishing to
                      threatened species or result in the de-                   the Government electricity, water, and
                      struction or modification of habitat of                   gas, where such extension is necessary
                      such species which is determined by                       solely to serve the installation and not
                      the Secretaries of the Departments of                     in part to serve private consumers out-
                      Commerce or Interior, as appropriate,                     side the installation. The above au-
                      to be critical.                                           thorization is covered by the provisions
                                                                                of the contract for purchase of utilities
                      § 643.33 Policy—Coastal zone manage-                      services contained in Armed Services
                          ment.                                                 Procurement Regulations.
                        (a) The Coastal Zone Management                           (b) Contracts or agreements for the
                      Act of 1972 (16 U.S.C. 1456), directs all                 sale of surplus utilities services as au-
                      Federal agencies conducting or sup-                       thorized by law or regulations will in-
                      porting activities directly affecting the                 clude similar authority for the pur-
                      coastal zone of a state, to conduct or                    chaser to install and maintain such fa-
                      support those activities in a manner                      cilities on the installation as necessary
                      which is, to the maximum extent prac-                     in connection with the sale of such
                      ticable, consistent with approved state                   utilities services, in accordance with
                      management programs. The opinion of                       AR 420–41 and AR 105–23.
                      the Attorney General of the United
                      States is that Federal lands are ex-                      § 643.35 Policy—Mineral leasing on
                      cluded from mandatory compliance                              lands controlled by the Department
                                                                                    of the Army.
                      with the state’s coastal zone manage-
                      ment program, regardless of the type of                     (a) Acquired lands—(1) General. The
                      Federal       jurisdiction      exercised                 Coal Leasing Amendments Act of 1975,
                      thereover. However, it is Army policy                     hereinafter referred to as the act,
                      that its activities will comply, to the                   amended the Mineral Leasing Act for
                      extent practicable, with a state’s ap-                    Acquired Lands (30 U.S.C. 352) and per-
                      proved coastal zone management pro-                       mits the Secretary of Interior (SI),
                      gram.                                                     with the consent of the Secretary of

                                                                           94



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00094   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                      § 643.39

                      Defense, to lease deposits of coal, phos-                 Economic Adjustment, OASD (I&L),
                      phate, oil, oil shale, gas, sodium, potas-                will require coordination with the
                      sium and sulfur which are within ac-                      DASD (I&H) and concurrence by the
                      quired lands of the United States which                   GSA. Leases are limited to one year
                      have been set aside for military or                       and must be revocable by the Govern-
                      naval purposes. The consent require-                      ment on 30 days notice.
                      ment is to insure the adequate utiliza-
                      tion of the lands for the primary pur-                    § 643.37 Policy—Requests to search for
                      poses for which they have been ac-                            treasure trove.
                      quired or are being administered. Leas-                     Section 3755 of the Revised Statutes
                      ing is subject to the same conditions as
                                                                                (40 U.S.C. 310) authorizes the Adminis-
                      contained in the leasing provisions of
                                                                                trator of the GSA to make such con-
                      the mineral leasing laws (see 30 U.S.C.
                      351). Authority in this paragraph does                    tracts and provisions as he deems nec-
                      not permit leasing of mineral deposits                    essary to protect the interests of the
                      lying in tidelands, submerged lands,                      Government in searches for and sales
                      nor in certain coastal waters.                            of treasure trove. All searches and
                        (2) Notwithstanding the generality of                   sales authorized by GSA under this
                      the foregoing, leasing of coal and lig-                   statute are subject to the Act for the
                      nite deposits is subject to special re-                   Preservation of American Antiquities
                      strictions. The act permits such leas-                    (16 U.S.C. 432) and will only be per-
                      ing, provided the Secretary of Defense                    mitted after consent of the Department
                      concurs, only to a governmental entity                    of the Army has been obtained.
                      (including any corporation primarily
                      acting as an agency or instrumentality                    § 643.38   Policy—Utility rates.
                      of a State) which provides electrical                       (a) Rates for utilities furnished by
                      energy for sale to the public if such                     the Army will be in accordance with
                      governmental entity is located in the                     AR 420–41.
                      State in which such lands are located.                      (b) Payments for utilities or services
                        (b) Public domain lands. Deposits of                    furnished will be deposited to the
                      coal, phosphate, sodium, potassium,
                                                                                Treasurer of the United States to the
                      oil, oil shale, native asphalt, solid and
                                                                                credit of the appropriation from which
                      semi-solid bitumen, bituminous rock
                                                                                the costs of furnishing them was paid.
                      and gas located on public domain lands
                      under the jurisdiction of the Depart-                     Collection for utilities and services fur-
                      ment of the Army may be leased by the                     nished by the Army is the responsi-
                      SI pursuant to 30 U.S.C. 181 et seq. with                 bility of the officer having immediate
                      the concurrence of the Secretary of the                   jurisdiction over the property in ac-
                      Army.                                                     cordance with AR 37–19 and AR 37–27.

                      § 643.36 Policy—Interim leasing of ex-                    § 643.39 Policy—American               National
                          cess properties to facilitate eco-                        Red Cross.
                          nomic readjustment.                                     (a) Title 10 U.S.C. 2670, authorizes the
                        Interim outleasing of excess real                       SA to grant revocable licenses permit-
                      property is authorized to lessen the                      ting the erection and maintenance by
                      economic impact on the local commu-                       the American National Red Cross on
                      nity, caused by an installation inac-                     military reservations, of buildings suit-
                      tivation, closure or realignment. These                   able for the storage of supplies for the
                      outleases may be granted to State or                      aid of the civilian population in case of
                      local governmental bodies in consider-                    serious national disaster, or the occu-
                      ation for care, custody, management                       pation for that purpose of buildings
                      and routine maintenance. Income de-
                                                                                erected by the United States.
                      rived from the use of the property in
                                                                                  (b) Installation Commanders will fur-
                      excess of the cost of care, custody,
                      management and routine maintenance                        nish office space and quarters for Red
                      will be covered into the Treasury as                      Cross activities and personnel when as-
                      miscellaneous receipts. The outleasing                    signed to duty with the Armed Forces
                      will generally conform to an economic                     in accordance with AR 930–5.
                      recovery plan outlined by the Office of

                                                                           95



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00095   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 643.40                                                              32 CFR Ch. V (7–1–00 Edition)

                      § 643.40 Policy—Young Men’s Christian                     maintenance, protection, repair, or res-
                          Association (YMCA).                                   toration by the lessee of the property
                        Title 10 U.S.C. 4778, authorizes the                    leased, or of the entire unit or installa-
                      SA    to    grant   revocable   licenses                  tion where a substantial part of it is
                      pemitting the erection and mainte-                        leased, may be accepted as all or part
                      nance by the YMCA on military res-                        of the consideration. The value of the
                      ervations, of such buildings as their                     maintenance, protection, repair or res-
                      work for the promotion of the social,                     toration, when added to the amount of
                      physical, intellectual, and moral wel-                    the monetary payment to be made by
                      fare of the garrisons may require.                        the lessee, must equal the appraised
                                                                                fair market rental value of the prop-
                      § 643.41   Policy—National Guard use.                     erty leased.
                        Pursuant to the authority contained                       (b) Buildings and space may be leased
                      in 32 U.S.C. 503, the SA is authorized to                 to a State or political subdivision
                      grant revocable licenses to the States                    thereof for public school purposes, lim-
                      and territories for the use and occu-                     ited to use for classrooms and closely
                      pancy of installations or portions                        related academic instructions, through
                      thereof by the National Guard. A li-                      high school level, at no monetary con-
                      cense may not be granted for the erec-                    sideration. Where bare land is leased
                      tion of a permanent National Guard                        for construction of a school through
                      Armory without specific congressional                     high school level, the acreage will not
                      authority.                                                exceed criteria established by the ap-
                                                                                propriate State authority or the De-
                      § 643.42 Policy—Consents for crossing                     partment of Health, Education, and
                          of rights-of-ways and similar inter-                  Welfare (HEW), the rental will be $1 for
                          ests owned by the United States.
                                                                                the term of the lease and any renewal
                        Under the various easement authori-                     thereof. Leases of bare land will be for
                      ties or under the administrative power                    a term of 25 years, with an option on
                      in cases outside the purview of those                     tenant’s part to renew for another
                      authorities, the SA may consent to the                    term of 25 years. Real estate may also
                      granting of an easement by the owner                      be leased for educational purposes to
                      of the servient estate, subject to such                   public educational institutions at a re-
                      conditions as may be required to pro-                     duced rental, after consultation with
                      tect the Government’s interest.                           the HEW, and taking into account any
                                                                                benefits accruing to the United States
                                 Subpart C—Leases                               through the use of such property. In
                                                                                any event, the lessee will be required
                      § 643.51 Additional items concerning                      to assume the cost of maintenance,
                          leasing.                                              protection, repair, or restoration of the
                        In addition to the general and policy                   property leased and the administrative
                      matters covered in Chapters I and II of                   costs incident thereto.
                      Title 32, the following also apply with                     (c) Lease granted for agricultural,
                      respect to the leasing of Army real es-                   grazing, or haying purposes will have
                      tate.                                                     attached thereto the land-use regula-
                                                                                tions furnished by the installation
                      § 643.52   Term.                                          commander specifying the items re-
                        Each lease will be for a period not ex-                 quired to be performed by the lessee as
                      ceeding five years unless the SA deter-                   part of the lease obligations. It is the
                      mines that a longer period will pro-                      policy of the DA that land leased for
                      mote the national defense or will be in                   agricultural, grazing or haying pur-
                      the public interest.                                      poses be returned to the Government in
                                                                                as good or better condition than when
                      § 643.53   Consideration.                                 initially leased. The land-use regula-
                        (a) Unless otherwise authorized by                      tions will include those activities of
                      this regulation or directed by the SA,                    maintenance, protection, repair, or res-
                      the consideration for a lease of real es-                 toration of the property leased which
                      tate will be the appraised fair market                    the lessee will be required to perform
                      rental value. However, the value of the                   as part or all of the consideration for

                                                                           96



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00096   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                      § 643.72

                      the lease. Generally, an activity will                    § 643.54   Receipts.
                      qualify as an offset from rental if it is:
                                                                                 Receipts will be deposited into the
                        (1) Performed on the leased premises,                   Treasury as miscellaneous receipts.
                      or when it constitutes a substantial
                      part of the entire rental unit or instal-                 § 643.55 Mandatory revocation clause
                      lation,                                                       in lease.
                        (2) Of direct benefit to the installa-
                                                                                  Each lease will contain a provision
                      tion in its authorized current or mobi-
                                                                                permitting the SA to revoke the lease
                      lization mission, as distinguished from
                                                                                at any time, unless it is determined
                      desired programs, or in furtherance of
                                                                                that the omission of such provision
                      the Army’s leasing program,
                                                                                from the lease will promote the na-
                        (3) Generally related to the lessee’s                   tional defense or will be in the public
                      use of the leased property. Where all of                  interest. In any event, the lease will be
                      the above criteria are met, the fol-
                                                                                revocable by the SA during a national
                      lowing activities may be authorized:
                                                                                emergency.
                      Control of erosion, conservation of nat-
                      ural resources, and maintenance of the                    § 643.56   Taxation of lessee’s interest.
                      viability of the land for continuing
                      leasing, such as mowing, weed control,                      The lessee’s interest in leased prop-
                      seeding, fertilizing, mulching, crop ro-                  erty may be taxed by State or local
                      tation, selected cutting, and soil con-                   governments as provided in 10 U.S.C.
                      servation measures such as terraces,                      2667(e). Each lease will contain a provi-
                      check dams, wells, springs, ponds, title,                 sion that if and to the extent that the
                      or open channels or culverts for drain-                   property owned by the Government and
                      age, firebreaks, inside fencing and cat-                  included in the lease, as opposed to the
                      tle guards. Maintenance, protection,                      leasehold interest of the lessee therein,
                      repair or restoration of buildings,                       is later made taxable by State or local
                      roads, perimeter fencing, and similar                     governments under an act of Congress,
                      improvements are not authorized as                        the lease will be renegotiated.
                      offsets from rental unless the property
                                                                                § 643.57   Sublease or assignment.
                      is leased to and beneficially used by
                      the lessee, or on a rental unit or instal-                  A lease of real estate will not be sub-
                      lation in which the leased premises                       leased or assigned for direct or indirect
                      constitutes a substantial part or as                      use by another Federal agency. Except
                      otherwise approved by HQDA (DAEN–                         as specifically provided in the lease, a
                      REM), Washington, DC 20314. Also, les-                    sublease or assignment of the lease will
                      see may be required to perform activi-                    not be authorized without prior ap-
                      ties in support of recreation and wel-                    proval of HQDA (DAEN–REM), Wash-
                      fare, fish and wildlife, beautification,                  ington, DC 20314.
                      and esthetic programs and the cost of
                      establishing and maintaining recre-                                  Subpart D—Licenses
                      ation, swimming and fishing areas,
                      wildlife habitats, food plots, and simi-                  § 643.71 Additional items concerning
                      lar activities when the following condi-                      licenses.
                      tions have been met:                                        In addition to the general and policy
                        (1) The activities to be offset are in                  matters covered in subparts A and B,
                      furtherance of the installation natural                   the following also apply with respect to
                      resources plan as approved by the                         the granting of licenses.
                      MACOM.
                        (2) The overall plan for the term of                    § 643.72   License.
                      the lease, has been approved by ASA                         A license is a bare authority to do a
                      (IL & FM).                                                specified act upon the property of the
                        (3) MACOM approval has been ob-                         licensor without acquiring any estate
                      tained for each lease when any activity                   therein. The principal effect of a li-
                      to be offset exceeds $1,000.                              cense is to authorize an act which in
                      Total of the offsets in any year will                     the absence of the licensee would con-
                      never exceed the annual rental.                           stitute a trespass.

                                                                           97



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00097   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 643.73                                                             32 CFR Ch. V (7–1–00 Edition)

                      § 643.73 Term.                                           improvements and to relocate or re-
                                                                               place buildings and other needed facili-
                         The term of a license will be limited
                                                                               ties rendered useless or less useful by
                      to a period reasonably necessary to ac-
                                                                               the exercise of the easement rights
                      complish the purpose for which the li-
                                                                               granted. DOD policy requires that in
                      cense is being granted, but in no event
                                                                               keeping the Army whole, the reloca-
                      will the term exceed five years, with-
                                                                               tion or replacement of facilities will be
                      out the approval of COE.
                                                                               limited to those for which there is a
                      § 643.74 Consideration.                                  continuing requirement. By specific ex-
                                                                               clusion, establishment of a different
                         When a license is granted under the                   category of facility is not authorized.
                      authority of an easement or leasing                      (DODI 4165.12 III C)
                      statute, the same rules will apply in re-
                      gard to consideration as is applicable                   § 643.85 Easement grantees—Payment
                      to the granting of an easement or lease                      for removal or destruction of
                      under the statute. Since the adminis-                        unneeded improvements.
                      trative power may be relied upon for                       Where a proposed right-of-way will
                      the grant of a license only when such                    require removal or destruction of im-
                      grant is of direct benefit to the Govern-                provements which are not required to
                      ment, such grants may be made with-                      be relocated or replaced to meet mili-
                      out consideration.                                       tary needs, such improvements will be
                                                                               disposed of as excess property in ac-
                              Subpart E—Easements                              cordance with AR 405–90, and a condi-
                                                                               tion of the easement grant will be pay-
                      § 643.81 Additional items concerning                     ment for such improvements as fol-
                           easements.
                                                                               lows:
                         In addition to the general and policy                   (a) Where the easement grant is to be
                      matters covered in Subparts A and B,                     made at fair market value to entities
                      the following also apply with respect to                 not entitled to grants of rights of way
                      the granting of easements.                               without charge, the charge for the
                                                                               grant will include the in-place fair
                      § 643.82 Term.                                           market value of the improvements.
                         The term for which an easement is                       (b) Where the proposed grantee is a
                      granted will be guided by the type of                    State or local Government agency nor-
                      easement, the period for which the land                  mally granted a right of way without
                      can be made available and the limita-                    charge under Army policy and the
                      tions of the authorizing statute.                        grantee’s project is subsidized wholly
                                                                               by an agency of the Federal Govern-
                      § 643.83 Consideration.                                  ment, no charge will be made for the
                         Although the statutes authorizing                     improvements thus lost, since any
                      grants of rights of way or easements do                  charge made would not reflect a net re-
                      not make it mandatory that compensa-                     turn to the Government.
                      tion be paid to the United States, such                    (c) Where the proposed grantee is a
                      grants will reserve consideration in an                  State or local Government agency nor-
                      amount equal to the fair market value                    mally granted a right of way without
                      as established by recognized appraisal                   charge under Army policy, and the
                      practices. As an exception to this rule,                 grantee’s project is not subsidized, or is
                      grants to States, counties, municipali-                  subsidized only in part, the charge for
                      ties, or political subdivisions thereof,                 such improvements removed or de-
                      will not require fair market value when                  stroyed and not replaced will be the
                      the purpose of the easement is to serve                  salvage value thereof.
                      the public interest or is to benefit the
                      Federal Government.                                      § 643.86 Easements for various pur-
                                                                                   poses with relinquishment of legis-
                      § 643.84 Easement—Grantees relocate                          lative jurisdiction.
                           or replace needed facilities.                         Title 40 U.S.C. 319, and delegation of
                         In easement grants, grantees usually                  authority thereunder from the Sec-
                      will be required to repair and restore                   retary of Defense authorizes the SA to
                      damage done to Government land and                       grant easements and concurrently to

                                                                          98



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00098   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                    § 643.113

                      relinquish to the State in which the af-                 service shall be credited to miscella-
                      fected land is located such legislative                  neous receipts unless otherwise author-
                      jurisdiction as is deemed necessary or                   ized by law. Reimbursement for utili-
                      desirable. Ordinarily, 40 U.S.C. 319 will                ties and services furnished to the per-
                      not be used for easement grants which                    mittee is the responsibility of the offi-
                      may be accomplished pursuant to au-                      cer having immeditate jurisdiction
                      thorities set forth in preceding para-                   over the real estate. Where the use of
                      graphs except where retrocession of                      real estate by a Federal agency under
                      legislative jurisdiction is intended.                    permit is authorized and the cor-
                                                                               respondence does not include informa-
                                 Subpart F—Permits                             tion regarding charges to be made for
                                                                               the real estate, clarifying information
                      § 643.101 Additional items concerning                    will be obtained from HQDA (DAEN–
                           permits.                                            REM), Washington, DC 20314.
                         In addition to the general and policy                   (c) Where real property is leased to or
                      matters covered in subparts A and B,                     otherwise used by the Army and a rent-
                      the following also apply with respect to                 al or charge is paid therefor, any use of
                      the granting of permits.                                 the real estate, for non-Army use, ei-
                                                                               ther under permit or other grant, will
                      § 643.102 Permit.                                        provide for reimbursement of a propor-
                         A permit is the temporary authority                   tionate part of the rental or charge,
                      conferred on a Government agency to                      unless otherwise approved by OCE. Re-
                      use real property under the jurisdiction                 imbursement is the responsibility of
                      of another Government agency.                            the DE. Any other officer authorizing
                                                                               such use is responsible for notifying
                      § 643.103 Term.                                          the DE of the non-Army use.
                         A permit may be granted to another
                      military department, a DOD compo-                        Subpart G—Additional Authority of
                      nent, or Federal agency for a mutually                            Commanders
                      agreeable period. if the permit is on a
                      permanent or irrevocable basis, it is                    § 643.111 Additional authority.
                      considered tantamount to a transfer                         In addition to authorities and respon-
                      and must be granted under special stat-                  sibilities set forth above, the following
                      utory authority. Where the real prop-                    grants may be made by commanders as
                      erty involved is estimated to exceed                     indicated.
                      $50,000 in value, a report must be made
                      to the Congressional Committees on                       § 643.112 Army exchange activities.
                      Armed Services, pursuant to title 10                        Use of space and structures by the
                      U.S.C. 2662.                                             Army Exchange and its concessionaires
                                                                               is governed by AR 60–10.
                      § 643.104 Consideration.
                         (a) Permits are usually granted on a                  § 643.113 Banks.
                      rent-free basis.                                            (a) The establishment of banks,
                         (b) The Army is authorized, however,                  branch banks, and banking facilities on
                      to charge for space and space-related                    Army installations is governed by AR
                      services provided non-DOD Federal                        210–135.
                      agencies. Charges will be at rates es-                      (b) The Treasury Department deter-
                      tablished by GSA for the particular lo-                  mines whether a banking facility is
                      cation pursuant to 40 U.S.C. 490 (j) and                 self-sustaining and notifies the Com-
                      (k). Exceptions to this policy will be                   mander, U.S. Army Finance and Ac-
                      real property and related services pro-                  counting Center.
                      vided to an organization which is sole-                     (c) Banking facilities which are not
                      ly in the support of the installation’s                  self-sustaining will be furnished space,
                      mission. (For example: Space assigned                    utilities and custodial services without
                      to a FAA air controller on an Army                       charge by the Installation Commander,
                      airfield; GAO activity auditing instal-                  provided space and services are avail-
                      lation programs.) Proceeds which are                     able from existing resources.
                      in excess of the actual operating and                       (d) Banking facilities which are self-
                      maintenance costs of providing the                       sustaining will be granted a lease by

                                                                          99



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00099   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 643.114                                                            32 CFR Ch. V (7–1–00 Edition)

                      the DE, at fair market value, and reim-                  pose other than the fulfillment of the
                      bursement will be required for utilities                 contract, application will be made to
                      and services furnished.                                  the DE for such use in order that a
                        (e) A bank building may not be con-                    proper real estate instrument may be
                      structed on an Army installation with-                   processed.
                      out the prior approval of COE, SA, and
                      DOD.                                                     § 643.116 Credit unions.
                                                                                  The establishment of credit unions
                      § 643.114 Civil disturbances.                            on Army installations is governed by
                         Without reference to higher author-                   AR 210–24. Installation commanders are
                      ity, and when it is found to be in the                   authorized to allot space in existing
                      public interest, MACOM and heads of                      buildings, without charge for rent or
                      agencies having command responsi-                        services, to any credit union organized
                      bility may grant, without consider-                      under State law or to any Federal cred-
                      ation, revocable licenses for joint use                  it union organized in accordance with
                      of active Army and USAR facilities                       the Federal Credit Union Act, (12
                      during civil disturbance for not more                    U.S.C. 1770), provided that, in either
                      than 30 days to the National Guard and                   case, that 95 percent of the membership
                      to municipal, county, and State offi-                    is composed of Federal employees, in-
                      cials and law enforcement agencies. Li-                  cluding former Federal employees who
                      censees must agree that the privileges                   acquire membership while employed by
                      granted will be without expense to the                   the Federal Government and retained
                      DA, that the use will be subject to the                  such membership.
                      control of the officer having jurisdic-
                      tion over the property, that it will re-                 § 643.117 Hunting, trapping, and fish-
                      move its property from the premises                          ing.
                      when the license is terminated, that it                     Applications to hunt, trap, and fish
                      will pay the cost of any services fur-                   on military reservations are governed
                      nished to it by the DA, and, if a non-                   by AR 420–74.
                      Federal agency, that it will hold the
                      Government harmless from any dam-                        § 643.118 Nonappropriated funds—Au-
                      ages or claims arising out of the use.                       thority to permit erection of struc-
                      Where it is proposed to allow such use                       tures.
                      beyond 30 days, the proposal must be                        The authority of installation com-
                      submitted to HQDA (DAEN–REZ)                             manders to permit structures to be
                      Washington, DC 20314, for approval.                      erected on military installations with
                      Federal task force commanders, acting                    nonappropriated funds, as well as the
                      under instructions from the Chief of                     title status of each, is defined in AR 60–
                      Staff, in a civil disturbance control op-                10 and AR 210–55. Use of existing space
                      eration may approve requests for the                     and structures for activities of a civil-
                      use of installations under their control                 ian nonappropriated fund is governed
                      (ref. AR 500–50).                                        by AR 230–81.

                      § 643.115 Contractors—Permission to                      § 643.119 Licenses incidental to post
                           erect structures.                                        administration.
                         Installation commanders are author-                      Installation commanders may au-
                      ized to permit the erection of tem-                      thorize the use of property incidental
                      porary structures for use solely in con-                 to post administration which in the ab-
                      nection with a Government contract                       sence of such authority would amount
                      for construction and related work for                    to a trespass, such as licenses to mer-
                      the period of the contract and with                      chants to enter the reservation to
                      provision for removal and restoration                    make deliveries. The authority noted
                      of the premises upon expiration of the                   herein may not be used to grant li-
                      contract; Provided, That, in the inter-                  censes in situations otherwise covered
                      est of the United States, any structure                  by this regulation.
                      suitable for military use may, in lieu of
                      removal, be relinquished to and become                   § 643.120 Post offices.
                      the property of the United States. If                       Title 10 U.S.C. 4779b, provides that
                      the structure is to be used for any pur-                 the SA shall assign suitable space for

                                                                         100



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00100   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                      § 643.125

                      post office purposes at military posts                    with this regulation. The terms used in
                      where post offices have been estab-                       the interservice agreements and/or DE
                      lished. Space assignment will be ac-                      outgrants will be those acceptable to
                      complished by arrangement between                         the commands concerned. Agreements,
                      the postmaster and installation com-                      however, which provide for the exclu-
                      mander.                                                   sive use of such property by the Air
                                                                                Force or Navy Reserve, or which in-
                      § 643.121 Private organizations on DA
                           installations.                                       volve a transfer of funds between serv-
                                                                                ices for other than minor utility serv-
                         (a) AR 210–1 defines and classifies pri-               ices, or which involve an increase in
                      vate organizations, such as thrift shops                  personnel strength, or other complica-
                      and child-care centers, located on                        tions, will be routed to the appropriate
                      Army installations and provides policy                    DE for execution of a formal permit.
                      guidance for their authorization and
                      operation. Installation commanders                        § 643.123 Reserve        facilities—Local
                      may authorize the use of available fa-                        civic organizations.
                      cilities or space to such private organi-
                      zations, without monetary consider-                         In order to promote community rela-
                      ation, when the use is on a nonexclu-                     tions in areas where Army Reserve
                      sive basis and subject to immediate                       Centers have been constructed, local
                      termination when possession is re-                        civic and similar nonprofit organiza-
                      quired by the installation commander                      tions may be permitted to use the ar-
                      for another purpose.                                      mory facilities during such periods
                         (b) Where the private organization                     that will not cause any interference
                      desires exclusive use of facilities or                    with the primary use thereof for the
                      space, or for a specified period of time,                 administration and training of the Re-
                      the matter will be considered a leasing                   serve components of the Armed Serv-
                      action, the lease will be granted by the                  ices of the United States. Procedures
                      DE and will provide for payment of a                      and policy are outlined in AR 140–488.
                      rental consideration. The installation
                      commander will consult with the DE if                     § 643.124 Rights-of-way for ferries and
                      there is a question whether a proposed                        livestock.
                      use of facilities or space by a private                     Installation commanders are author-
                      organization should be authorized by                      ized to grant permits for the landing of
                      the DE under lease or by the installa-                    ferries and driving of livestock over
                      tion commander by the issuance of a li-                   military reservations under authority
                      cense.                                                    of 10 U.S.C. 4777.
                      § 643.122 Reserve facilities—Air Force                    § 643.125     Trailer sites.
                          and Navy use.
                                                                                  (a) Installation commanders are au-
                         MACOM may approve local agree-
                                                                                thorized to grant revocable leases to
                      ments with other Army, DOD, and Re-
                      serve elements covering temporary use                     military personnel and civilian per-
                      of existing Army Reserve facilities,                      sonnel qualified to occupy public quar-
                      Provided, however, That the DA is reim-                   ters for use and occupancy of indi-
                      bursed in proportionate share for the                     vidual trailer sites within approved
                      services furnished and that the cost of                   trailer camp areas, and to revoke or
                      any alterations that may be desired                       renew such leases. (See AR 210–50.)
                      will be borne by the military service                     Leases will be granted pursuant to 10
                      concerned. Although no specific form is                   U.S.C. 2667. Necessary utilities will be
                      prescribed for those operational agree-                   provided on a reimbursable basis. In no
                      ments, the agreements constitute                          event will the terms of the lease exceed
                      interservice support agreements sub-                      a period of 2 years. DA Form 373 (Lease
                      ject to joint AR 1–35/SECNAV INST                         or Trailer Sites) will be used exclu-
                      4000.20B/AFR 400.27. Nothing in such                      sively for this purpose.
                      joint regulation disallows use of DE                        (b) Leases may be revoked for non-
                      outgrants to supplement coverages of                      payment of rent, or breach of any con-
                      interservice support agreements when                      dition of the lease or military neces-
                      requested and approved in accordance                      sity.

                                                                          101



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00101   Fmt 8010    Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 643.126                                                             32 CFR Ch. V (7–1–00 Edition)

                        (c) Rents will be collected locally and                and military personnel is set forth in
                      turned over to the nearest Army Fi-                      AR 210–12.
                      nance and Accounting Officer for de-
                      posit in accordance with procedure set                   § 643.128 Veterans’ conventions.
                      forth in AR 37–103. A copy of the Cash                      Without reference to higher author-
                      Collection Voucher (DD Form 1131) will                   ity, MACOM may lend certain Army
                      be forwarded to the appropriate DE.                      real property (including the use of un-
                                                                               occupied barracks) to national vet-
                      § 643.126 Transportation licenses.                       erans’ organizations for use at State or
                         Installation commanders are author-                   national conventions or for national
                      ized to grant revocable licenses and to                  youth, athletic, or recreational tour-
                      revoke such licenses in the name of an                   naments sponsored by those organiza-
                      by authority of the SA, for bus and                      tions in accordance with AR 725–1.
                      taxicab service on installations. The
                      following policy will be observed in                     § 643.129 Youth groups.
                      granting such licenses; however, if real                    (a) Installation commanders may
                      estate is required to be leased in ac-                   grant revocable-at-will licenses for
                      cordance with paragraph (e) of this sec-                 one-time use, or for intermittent or
                      tion, no commitment will be made to                      continuing use of available meeting
                      grant licenses until approval is re-                     room facilities, without monetary con-
                      ceived for the lease.                                    sideration, to on-post youth groups
                         (a) One or more licenses (revocable at                such as the Boy Scouts, Girl Scouts,
                      will and for a period not to exceed 5                    and Little League.
                      years) may be granted, based upon the                       (b) Installation commanders may
                      free competitive proposals of all avail-                 grant revocable-at-will licenses for
                      able companies or individuals.                           one-time use, or for intermittent or
                         (b) DD Form 694 (Transportation Li-                   continuing use, to off-post youth
                      cense Military Reservation) will be                      groups such as the Boy Scouts, Girl
                      used for this purpose.                                   Scouts, and the Little League for non-
                         (c) Only duly licensed operators will                 exclusive use of recreational areas or
                      be permitted to operate on installa-                     unimproved land areas within military
                      tions.                                                   reservations for recreational or camp-
                         (d) No distinction will be drawn be-                  ing purposes. Licenses will be granted
                      tween taxicab and bus transportation.                    for up to a period of 1 year without
                         (e) If use of Government property is                  monetary consideration and will pro-
                      desired for such purposes as at bus sta-                 vide for a hold-harmless clause with re-
                      tion, waiting rooms, storage space, of-                  spect to any and all claims against the
                      fices in connection with the proposed                    Government and will require the repair
                      transportation service, application for                  of any damage or destruction resulting
                      a lease will be forwarded to the appro-                  from such use.
                      priate DE for processing.
                         (f) Licenses may be revoked by the                    § 643.130 Joint Carrier Military Traffic
                                                                                    Offices (JAMTO, JBMTO, JRMTO,
                      installation commander for breach of                          SAMTO).
                      any condition of the license and for
                      military necessity.                                         Installation commanders will furnish
                         (g) The installation commander will                   office space without charge for JCMTO
                      furnish a copy of each such license,                     offices established in accordance with
                      through channels, to the MACOM or to                     AR 55–355.
                      the head of the agency having com-
                      mand responsibility.                                              PART 644—REAL ESTATE
                                                                                             HANDBOOK
                      § 643.127 Quarters.
                         The assignment and rental of quar-                               Subpart A—Project Planning
                      ters to civilian employees and other                     Sec.
                      nonmilitary personnel will be accom-                     644.1   Preface.
                      plished in accordance with AR 210–50.
                      Responsibility of the Corps of Engi-                                        CIVIL WORKS
                      neers for the establishment of rental                    644.2   General.
                      rates for quarters rented to civilian                    644.3   Navigation Projects.

                                                                         102



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00102   Fmt 8010    Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                         Pt. 644
                      644.4 Reservoir Projects.                                 644.88    Other acquisition.
                      644.5 Mineral Acquisition Practices.
                      644.6 Feasibility Reports and Design Memo-                  INVOLUNTARY ACQUISITION BY THE UNITED
                          randa.                                                                STATES
                      644.7 Acquisition lines.                                  644.101 General.
                      644.8 Planning and scheduling real estate                 644.102 Examples of involuntary acquisi-
                          activities.                                               tions.
                                                                                644.103 Litigation Reports.
                      MILITARY (ARMY AND AIR FORCE) AND OTHER
                                                                                644.104 Procurement of deed and title as-
                                 FEDERAL AGENCIES
                                                                                    sembly.
                      644.21 General.
                      644.22 Site selection.                                    ACQUISITION BY CONDEMNATION PROCEEDINGS
                      644.23 Real Estate Planning Documents.                    644.111 General
                      644.24 Acquisition by Transfer from other                 644.112 Applicable statutes in condemnation
                          Government Departments or Agencies                        proceedings
                          (except Public Domain).                               644.113 Filing of complaint without declara-
                      644.25 Withdrawal of Public Domain for De-                    tion of taking
                          fense Purposes.                                       644.114 Acquisition by declaration of taking
                      644.26 Required clearances.                               644.115 Revestment of title by stipulation
                      644.27 Authority to issue Real Estate Di-                 644.116 Distribution, reservations, and title
                          rectives.                                                 evidence
                      644.28 Responsibility for acquisition.                    644.117 Procedure prior to trial
                      644.29 Authority to proceed with acquisi-                 644.118 Awards
                          tion.                                                 644.119 Procedure after final judgment
                      644.30 Preliminary real estate work.                      644.120 Condemnation for local cooperation
                                                                                    projects
                                   Subpart B—Appraisal                          644.121 Leasehold condemnation require-
                                                                                    ments
                      644.41 General.
                      644.42 Appraisal report.                                               ACQUISITION BY LEASING
                      644.43 Gross appraisals.
                      644.44 Fee appraisals.                                    644.131 General.
                      644.45 Rental value.                                      644.132 Authority.
                      644.46 Easements.                                         644.133 Responsibilities.
                      644.47 Appraisal of other interests.                      644.134 Definitions.
                      644.48 Review and approval.                               644.135 Lease authorization and approvals.
                      644.49 Contracts.                                         644.136 Leasing guidelines.
                                                                                644.137 Maneuver agreements.
                                                                                644.138 Family housing leasing program.
                                  Subpart C—Acquisition
                                                                                644.139 Leases for civil works purposes.
                        PROCUREMENT OF TITLE EVIDENCE, TITLE                    644.140 Physical protection.
                              CLEARANCE, AND CLOSINGS                           644.141 Alterations and construction on
                                                                                    leased real property.
                      644.61 General.                                           644.142 Lease forms and instructions.
                      644.62 Title evidence.
                      644.63 Contracting for title evidence.                             ACQUISITION OF RIGHTS-OF-ENTRY
                      644.64 Award of contracts.
                                                                                644.155 General.
                      644.65 Ordering title evidence.
                                                                                644.156 Definition.
                      644.66 Payment for title services.
                                                                                644.157 Procedures.
                      644.67 Approval of Title by the Attorney
                          General.                                                PROCUREMENT OF OPTIONS PRIOR TO REAL
                      644.68 Title Clearance—Certificate of Title                     ESTATE DIRECTIVES (MILITARY)
                          and Title Insurance.
                      644.69 Title Clearance—Easements.                         644.165 Purpose and scope.
                      644.70 Closing of cases.                                  644.166 Authority and applicability.
                      644.71 Final Title Assembly.                              644.167 Implementation.
                      644.72 Transfer to Condemnation.                          644.168 Exercise of options.

                        ACQUISITION BY PURCHASE, DONATION, AND                  Subpart D—Relocation Assistance Program
                                       TRANSFER
                                                                                644.175    Cross reference.
                      644.81 General.
                      644.82 Prerequisites to acquisition.                                   Subpart E—[Reserved]
                      644.83 Negotiations.
                      644.84 Counteroffers.                                                    Subpart F—Disposal
                      644.85 General negotiation procedures.
                      644.86 Exceptions and reservations.                       644.311    General.
                      644.87 Preparation and execution of offers.               644.312    Applicability.

                                                                          103



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00103   Fmt 8010    Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Pt. 644                                                               32 CFR Ch. V (7–1–00 Edition)
                      644.313 Authority.                                        644.354 Conditional reports of excess.
                      644.314 Rules and regulations of the General              644.355 Preparation and submission of re-
                          Services Administration (GSA).                            ports of excess.
                      644.315 Disposal priorities.                              644.356 Report on Government title.
                      644.316 Environmental considerations.                     644.357 Outgrant instruments, appraisals,
                      644.317 Preserving historic landmarks and                     and muniments of title.
                          properties.                                           644.358 Deposit of proceeds from disposal of
                      644.318 Compliance with State coastal zone                    family housing in the family housing
                          management programs.                                      management account.
                      644.319 Protection of wetlands                            644.359 Supplemental information.
                      644.320 Floodplain management                             644.360 Reports submitted for screening.
                      644.321 Nondiscrimination covenant.                       644.361 Distribution of report of excess.
                      644.322 Disposition of proceeds from dis-                 644.362 Notice of receipt.
                          posal.                                                644.363 Withdrawals or corrections of re-
                      644.323 Neutral language.                                     ports of excess.
                      644.324—644.325 [Reserved]                                644.364 Supply of forms.
                                                                                644.365—644.367 [Reserved]
                       PROCEDURE FOR PLACING REAL PROPERTY IN
                                   EXCESS STATUS                                 CARE AND CUSTODY OF EXCESS AND SURPLUS
                      644.326 Army military real property.                                     PROPERTY
                      644.327 Air Force military real property.                 644.368 Procedures and responsibilities for
                      644.328 Army military leased property.                        care, custody, accountability, and main-
                      644.329 Army civil works real property.                       tenance.
                      644.330—644.332 [Reserved]                                644.369 Guidelines for protection and main-
                                                                                    tenance of excess and surplus real prop-
                      SCREENING, REASSIGNMENT, AND TRANSFER OF
                                                                                    erty.
                                   REAL PROPERTY
                                                                                644.370 Transfer of custody to General Serv-
                      644.333 Screening for defense needs.                          ices Administration (GSA).
                      644.334 Reassignment and transfer proce-                  644.371 Contracting for care and custody.
                          dures.                                                644.372 Care and custody through interim
                      644.335 Screening of excess DOD property                      use.
                          for nondefense Federal agency needs.                  644.373—644.375 [Reserved]
                      644.336 Notices to Departments of Interior
                          (DI); Health and Human Resources.                     RETURN OF PUBLIC DOMAIN LANDS AND LANDS
                          (HHR); Education; and Housing and                      OBTAINED ON A TEMPORARY BASIS FROM AN-
                          Urban Development (HUD).                               OTHER FEDERAL AGENCY
                      644.337—644.339 [Reserved]                                644.376 Procedure for disposal of public do-
                                                                                    main land.
                           CLEARANCES—ARMY MILITARY REAL
                                                                                644.377 Formal revocation of public land
                                     PROPERTY
                                                                                    withdrawals and reservations.
                      644.340 Reports to the Armed Services com-                644.378 Cancellation of permits.
                          mittees.                                              644.379 Procedure for cancellation of per-
                      644.341 Clearance with the Armed Services                     mits.
                          committees.                                           644.380 Restoration of lands made available
                      644.342 Prior approval of Department of De-                   by other government agencies.
                          fense.                                                644.381 Disposal of buildings and other im-
                      644.343 Additional data for clearance with                    provements.
                          the committees.                                       644.382—644.384 [Reserved]
                      644.344 Coordination with GSA.
                      644.345—644.347 [Reserved]                                              PREDISPOSAL ACTION
                                                                                644.385 Record of excess classification
                      REPORTS OF EXCESS REAL PROPERTY AND RE-                   644.386 Utilization for other needs.
                       LATED PERSONAL PROPERTY TO GENERAL
                                                                                644.387 Suspension of acquisition action on
                       SERVICES ADMINISTRATION (GSA)                                installations proposed for disposal.
                      644.348 Delegation of authority to division               644.388 Army Military—screening, clear-
                          and district engineers.                                   ance, preliminary report of excess, ex-
                      644.349 Excess property reported for dis-                     cept where an EO 11954 survey has been
                          posal.                                                    made.
                      644.350 Excess property reported for screen-              644.389 Army                Military—modified
                          ing.                                                      predisposal procedures where EO 11954
                      644.351 Excess property exempted from re-                     surveys have been made.
                          porting.                                              644.390 Executive Order 11954 surveys of
                      644.352 Evaluation and reporting of flood                     civil works properties.
                          hazards.                                              644.391 Predisposal conference.
                      644.353 Determination of values for report-               644.392 Air Force—preliminary report of ex-
                          ing.                                                      cess.

                                                                          104



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00104   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                        Pt. 644
                      644.393 Final report of excess to GSA.                    644.438 Disposal plan for easements.
                      644.394 Protection of disposal information.               644.439 Sale and conveyance.
                      644.395 Coordination on disposal problems.                644.440 Application of antitrust laws.
                      644.396 Assignment of personnel to admin-                 644.441 Preparation and execution of deeds.
                          ister.                                                644.442—644.443 [Reserved]
                      644.397—644.399 [Reserved]
                                                                                  DISPOSAL OF LEASEHOLDS AND LEASEHOLD
                      DISPOSAL OF FEE-OWNED REAL PROPERTY AND                                 IMPROVEMENTS
                                 EASEMENT INTERESTS
                                                                                644.444 Authority.
                      644.400 Authorities—general.                              644.445 Procedure for termination of leases.
                      644.401 Transfers—general.                                644.446 Vacation and protection of premises.
                      644.402 Transfers among the armed services.               644.447 Joint survey of premises.
                      644.403 Transfers to Tennessee Valley Au-                 644.448 Limits on government obligation to
                          thority.                                                  restore.
                      644.404 Transfers to Federal Prison Indus-                644.449 Requirement for notice by lessor.
                          tries, Inc.                                           644.450 Items excluded from usual restora-
                      644.405 Transfers to Veterans Administra-                     tion obligation.
                          tion.                                                 644.451 Nature of required restoration.
                      644.406 Transfers to Secretary of Transpor-               644.452 Minor      restoration   cases—deter-
                          tation and the National Weather Service.                  mining extent of restoration required.
                      644.407 Transfers to District of Columbia.                644.453 Major      restoration   cases—deter-
                      644.408 Interchange of national forest and                    mining extent of restoration required.
                          military and civil works lands.                       644.454 Negotiating restoration settlements.
                      644.409 Procedures for Interchange of Na-                 644.455 Claims for loss or damage of per-
                          tional Forest Lands.                                      sonal property.
                      644.410 Procedure for other transfers.                    644.456 Rent during the period required for
                      644.411 Form of inter-agency transfer in-                     restoration.
                          strument.                                             644.457 Settlement where part of the prem-
                      644.412 Transfer of custody and account-                      ises is surrendered.
                          ability.                                              644.458 Documenting lease terminations and
                      644.413 Exchanges of fee-owned and ease-                      restoration settlements.
                          ment interests.                                       644.459 Preparation of supplemental agree-
                      644.414 MCA acts.                                             ments effecting settlement.
                      644.415 Army military and Air Force lands—                644.460 Supplemental agreement assembly.
                          $50,000 limitation.                                   644.461 Payment for restoration or settle-
                      644.416 Army civil works lands.                               ment in lieu of restoration.
                      644.417 For MCA family housing.
                                                                                644.462 Performance of restoration work by
                      644.418 Procedure for exchange.
                                                                                    district engineer—extension of time.
                      644.419 Public Law 87–852 easements.
                                                                                644.463 Termination and settlement of
                      644.420 Disposal of property in which the
                                                                                    leasehold condemnation proceedings.
                          military departments have a continuing
                                                                                644.464 Negotiating stipulation where pro-
                          interest under special acts of Congress.
                                                                                    posed settlement not acceptable.
                      644.421 Highway purposes.
                      644.422 Authorized widening of a public                   644.465 Physical restoration where stipula-
                          highway, street, or alley.                                tion not obtained.
                      644.423 Airport development.                              644.466 Release and record of physical res-
                      644.424 Development of public port or indus-                  toration.
                          trial facilities.                                     644.467 Condition reports.
                      644.425 Authority and procedure for disposal              644.468 Settlement of claims.
                          of surplus property by DA to eligible                 644.469—644.471 [Reserved]
                          public agencies.                                          DISPOSAL OF BUILDINGS AND OTHER
                      644.426 Classification.                                   IMPROVEMENTS (WITHOUT THE RELATED LAND)
                      644.427 Notice to eligible public agencies.
                      644.428 Airport property.                                 644.472 Authority.
                      644.429 Wildlife purposes.                                644.473 Methods of disposal.
                      644.430 Shrines, memorials, or religious pur-             644.474 Determining method of disposal.
                          poses.                                                644.475 Excessing Army military and Air
                      644.431 Power transmission lines.                             Force property.
                      644.432 Assignment      to   Department      of           644.476 Excessing civil works property.
                          Health, Education, and Welfare or suc-                644.477 Civil works property—reimburse-
                          cessor agencies for health or educational                 ment of appropriations.
                          purposes.                                             644.478 Demolition of buildings and other
                      644.433 Surplus disposal to private parties.                  improvements for utilization of salvage
                      644.434 Cottage site disposal.                                material.
                      644.435 Procedure.                                        644.479 Authority for transfer of buildings
                      644.436 Appraisal.                                            and improvements to other Federal agen-
                      644.437 Disposal plan for fee-owned land.                     cies.

                                                                          105



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00105   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Pt. 644                                                               32 CFR Ch. V (7–1–00 Edition)
                      644.480 Procedure for transfer.                           644.524 Reporting contaminated land to the
                      644.481 Responsibility of transferee.                         General Services Administration.
                      644.482 Assignment to Department of HEW                   644.525 Statement of clearance in reporting
                          or successor agencies.                                    excess property to GSA.
                      644.483 Notification of Department of HEW                 644.526 Reporting target ranges.
                          or successor agencies.                                644.527 Recording statements of clearance.
                      644.484 Procedure for disposal through the                644.528 Return of contaminated leased land
                          Department of HEW or successor agen-                      to owners.
                          cies.
                                                                                644.529 Supplemental agreement with owner
                      644.485 Sale of buildings and other improve-
                                                                                    of contaminated leased land.
                          ments.
                      644.486 Disposal of buildings and improve-                644.530 Conditions in conveying land sus-
                          ments constructed under emergency                         pected of contamination.
                          plant facilities (EPF) or similar con-                644.531 Warning to public of danger in han-
                          tracts.                                                   dling explosive missiles.
                      644.487 Procedure for disposal of surplus                 644.532 Reporting accidents.
                          chapels.                                              644.533 Contamination discovered after re-
                      644.488 Soliciting applications for purchase                  turn of land to owner, or sale.
                          of chapels.                                           644.534 Return of public domain land.
                      644.489 Conditions of sale of chapels.                    644.535 Support in clearance of Air Force
                      644.490 Determining price and provisions of                   lands.
                          sale for chapels.                                     644.536—644.539 [Reserved]
                      644.491 Coordination with the Chief of Chap-
                          lains.                                                                SALE PROCEDURE
                      644.492 Report on disposal of chapel.                     644.540 Advertising.
                      644.493 Release of restrictions on chapels
                                                                                644.541 Award of contract.
                          sold.
                      644.494 Donation, abandonment or destruc-                 644.542 Application of anti-trust laws.
                          tion.                                                 644.543 Determination of acceptable offers
                      644.495 Donation to a public body.                            after advertising.
                      644.496 Abandonment.                                      644.544 Negotiated sales.
                      644.497 Destruction.                                      644.545 Form of invitation for bids and con-
                      644.498—644.500 [Reserved]                                    tract of sale.
                                                                                644.546 Credit.
                       DISPOSAL OF STANDING TIMBER, CROPS, AND                  644.547 Extensions of time.
                          EMBEDDED GRAVEL, SAND, AND STONE                      644.548 Abstract of bids.
                      644.501 Authority.                                        644.549 Payments.
                      644.502 Determination of excess status.                   644.550 Sale to employees or military per-
                      644.503 Methods of disposal.                                  sonnel.
                      644.504 Disposal plan for timber.                         644.551 Equal opportunity—sales of timber,
                      644.505 Disposal plan for embedded gravel,                    embedded sand, gravel, stone and surplus
                          sand or stone.                                            structures.
                      644.506 Procedure for transfer to another                 644.552 Statement of contingent or other
                          Federal agency.                                           fees.
                      644.507 Sales.                                            644.553 Preparation and distribution of sales
                      644.508 Agreement with Small Business Ad-                     documents and reports of sales.
                          ministration (SBA) on sale of timber.                 644.554 Insurance against loss or damages to
                      644.509 Status as small business.                             buildings and improvements by fire or
                      644.510 Information for SBA on timber                         acts of God.
                          sales.                                                644.555—644.557 [Reserved]
                      644.511 Certificate of competency by SBA.
                      644.512 DA–SBA joint set-aside determina-                   INSPECTIONS TO INSURE COMPLIANCE WITH
                          tion.                                                            DISPOSAL CONDITIONS
                      644.513—644.515 [Reserved]
                                                                                644.558 Properties requiring compliance in-
                      CLEARANCE OF EXPLOSIVE HAZARDS AND                            spections.
                       OTHER CONTAMINATION FROM PROPOSED EX-                    644.559 Civilian component training facili-
                       CESS LAND AND IMPROVEMENTS                                   ties.
                      644.516 Clearance of Air Force lands.                     644.560 Inspections of civilian component
                      644.517 Clearance of Army lands.                              training facilities and other properties
                      644.518 Determination of categories.                          conveyed subject to conditions.
                      644.519 Responsibilities.                                 644.561 Inspections of civil works properties.
                      644.520 Contaminated industrial property.                   AUTHORITY: 5 U.S.C. 301; 10 U.S.C. 3012, un-
                      644.521 Limitations on clearance cost.                    less otherwise noted.
                      644.522 Clearance of military scrap.
                      644.523 Restricting future of artillery and                 SOURCE: 44 FR 3168, Jan. 15, 1979, unless
                          other ranges.                                         otherwise noted.

                                                                          106



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00106   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                       § 644.2

                         Subpart A—Project Planning                            section 2 of the Act of Congress ap-
                                                                               proved June 28, 1938, as amended (33
                      § 644.1 Preface.                                         U.S.C. 701c–1), authorizes the acquisi-
                         Subpart A sets out basic procedures                   tion of land and interests therein for
                      to be followed in planning and sched-                    dam and reservoir projects, channel
                      uling for the acquisition of lands in                    improvements,        and     rectification
                      connection with Military and Civil                       projects for flood control at Federal ex-
                      Works projects. It is not intended to be                 pense. Dam, reservoir and lake projects
                      taken as absolute, without modifica-                     are generally constructed entirely at
                      tion, but more as a guide to insure all                  the expense of the United States and
                      aspects involved and potential prob-                     are maintained and operated with the
                      lems are fully considered in planning                    use of Federal funds. Local interests
                      for the acquisition of additional lands.                 are not required to furnish lands, ease-
                      Proper planning in the initial stages of                 ments and rights-of-way for dam and
                      any project can and should eliminate                     reservoir projects, unless specifically
                      unnecessary delays during the acquisi-                   authorized by law for small reservoirs
                      tion phase.                                              which provide localized flood protec-
                                                                               tion (EM 1120–2–101). For local flood
                                      CIVIL WORKS                              protection projects, except channel im-
                      § 644.2 General.                                         provement or channel rectification
                                                                               projects authorized by the Flood Con-
                         (a) Purpose. Sections 644.2 through                   trol Acts of 1936, 1937 and 1938, local in-
                      644.8 describe the authorities and pro-                  terests must provide, without cost to
                      cedures of the Corps of Engineers relat-                 the United States, all necessary lands,
                      ing to real estate planning and project
                                                                               easements, and rights-of-way. They
                      authorization for the acquisition of
                                                                               must also hold and save the United
                      land and interests therein for all water
                                                                               States free from damages due to the
                      resource projects.
                                                                               construction, operation and mainte-
                         (b) Applicability. These sections are
                                                                               nance of the project, except where such
                      applicable to all Division and District
                      Engineers having civil works real es-                    damages are due to the fault or neg-
                      tate responsibilities.                                   ligence of the United States or its con-
                         (c) River and Harbor and Flood Control                tractors, and maintain and operate all
                      Projects—(1) River and Harbor Projects.                  the works after completion, in accord-
                      The Act of Congress approved April 24,                   ance with regulations prescribed by the
                      1888 (33 U.S.C. 591) authorizes acquisi-                 Secretary of the Army. Channel im-
                      tion of land for river and harbor pur-                   provement and channel rectification
                      poses. These include the construction,                   projects authorized by the Acts of 1936,
                      operation, maintenance and improve-                      1937 and 1938 are built entirely at Fed-
                      ment of both natural and artificial wa-                  eral expense and no local cooperation
                      terways, the construction of locks and                   is required. Exceptions to these rules
                      dams, dikes, bulkheads, jetties, revet-                  are provided by law in the case of cer-
                      ment and other bank protection works,                    tain specific projects such as hurricane
                      and spoil disposal dikes and retaining                   protection, shore protection, beach ero-
                      structures for construction and main-                    sion control or other purposes. As in
                      tenance. Unless otherwise specified by                   river and harbor projects, a cash con-
                      Congress, local interests furnish, free                  tribution may also be required if en-
                      of cost to the United States, all lands,                 hancement of land values results from
                      easements and rights-of-way required                     disposal of spoil dredged from project
                      for initial construction, operation and                  areas (ER 1150–2–301 and EM 1120–2–101).
                      subsequent maintenance. A cash con-                        (d) The Navigational Servitude. As a
                      tribution may also be required if en-                    general rule the United States does not
                      hancement of land values results from                    acquire interests in real estate which it
                      disposal of spoil dredged from project                   already possesses or over which juris-
                      areas (ER 1150–2–301 and EM 1120–2–101).                 diction is or can be legally exercised.
                         (2) Flood Control Projects. The Act of                Irrespective of the ownership of the
                      Congress approved March 1, 1917 (33                      banks and bed of a stream below ordi-
                      U.S.C. 701) authorizes acquisition of                    nary high water mark, and irrespective
                      land for flood control purposes, and                     of western water rights under the prior

                                                                         107



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00107   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 644.3                                                               32 CFR Ch. V (7–1–00 Edition)

                      appropriation doctrine, no further Fed-                   ard estates should be submitted to
                      eral interest is required for navigation                  HQDA (DAEN–REA–P) WASH DC 20314
                      projects in navigable streams below the                   for approval.
                      ordinary high water limit. It is re-
                      quired, therefore, that the acquisition                   § 644.3 Navigation Projects.
                      plan consider the extent of the naviga-                      (a) Land to be Acquired in Fee. All
                      tional servitude.                                         lands necessary for permanent struc-
                        (1) ER 1165–2–302 contains the prac-                    tures, construction areas, public access
                      tice and procedures regarding naviga-                     areas and fish and wildlife purposes
                      tion.                                                     will be acquired in fee. No interests
                        (2) The navigational servitude affects                  need be acquired in areas subject to the
                      abutting uplands, in that the special                     Government’s right of navigational
                      site value attributable to their loca-                    servitude. Spoil disposal areas may be
                      tion near a navigable stream is non-                      acquired in fee upon approval of HQDA
                      compensable. However, this has been                       (DAEN–REA–P).
                      partially changed by section 111 of Pub.                     (b) Lands Over Which Easements are to
                      L. 91–611. In all cases where real prop-                  be Acquired. (1) Permanent easements
                      erty is acquired by the United States                     are required for channel improvements,
                      for public use in connection with any                     navigation pools, navigation aids, and
                      improvements of rivers, harbors, canals                   spoil disposal areas for future mainte-
                      or waterways of the United States, the                    nance. Requirements for navigation
                      compensation to be paid shall be the                      aids should be coordinated by the Dis-
                      fair market value of such real property                   trict Engineer with the local Coast
                      based upon all uses to which such real                    Guard District Commander.
                      property may reasonably be put, in-                          (2) Temporary easements may be ac-
                      cluding its highest and best use, any of                  quired for temporary disposal of spoil,
                      which uses may be dependent upon ac-                      and temporary construction and bor-
                      cess to or utilization of such navigable                  row areas.
                      waters. In cases of partial acquisitions                     (3) In navigation-only projects, the
                      of real property, no depreciation in the                  right to permanently flood should be
                      value of any remaining real property                      acquired in all lands located within the
                      shall be recognized, and no compensa-                     navigation pool and the right to occa-
                      tion shall be paid for any severance to                   sionally flood should be acquired in
                      the remaining real property which re-                     lands above the pool. However, when
                      sults from loss of or reduction of access                 the area to be occasionally flooded
                      from the remaining real property to                       above the navigation pool consists of a
                      the navigable waters because of the ac-                   narrow band of land, the right to per-
                      quisition of real property or the pur-                    manently flood may be taken therein,
                      poses for which the real property is ac-                  to avoid acquisition of two different es-
                      quired.                                                   tates from the same ownership, and/or
                        (3) Injury to private property within                   to reduce overall costs of acquisition.
                      or abutting non-navigable streams is
                      compensable if inflicted in the course                    § 644.4 Reservoir Projects.
                      of an exercise of the navigation power                       (a) Joint Land Acquisition Policy for
                      limited to the navigable mainstream.                      Reservoir Projects. The joint policies of
                      U.S. v. Kansas City Life Ins. Co., 339 U.S.               the Department of the Interior and the
                      799 (1950), U.S. v Cress, 243 U.S. 316                    Department of the Army, governing
                      (1917).                                                   the acquisition of land for reservoir
                        (e) Buildings. Buildings for human oc-                  projects, are published in the FEDERAL
                      cupancy, as well as other structures                      REGISTER, dated February 22, 1962, Vol-
                      which would interfere with the oper-                      ume 27, page 1734. On July 2, 1966, the
                      ation of the project, or which would be                   Joint Policy was again published in 31
                      substantially damaged by inundation,                      FR 9108 as follows:
                      are prohibited below the guide acquisi-
                                                                                  A joint policy statement of the Depart-
                      tion line unless otherwise specifically
                                                                                ment of the Interior and the Department of
                      approved by the Chief of Engineers.                       the Army was inadvertently issued as a No-
                        (f) Estates. Standard estates for ac-                   tice in 27 FR 1734. Publication should have
                      quisition of land or interests therein                    been made as a final rule replacing regula-
                      are contained in Subpart C. Non-stand-                    tions then appearing in 43 CFR Part 8. The

                                                                          108



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00108   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                        § 644.4
                      policy as it appears in 27 FR 1734 has been                 (c) Lands determined to be of no substan-
                      the policy of the Department of the Interior              tial value for protection or enhancement of
                      and the Department of the Army since its                  fish and wildlife resources, or for public out-
                      publication as a Notice and is now codified               door recreation.
                      as set forth below.                                         (d) It is to the financial advantage of the
                                                                                Government to take easements in lieu of fee
                      JOINT POLICIES OF THE DEPARTMENTS OF THE
                                                                                title.
                        INTERIOR AND OF THE ARMY RELATIVE TO
                        RESERVOIR PROJECT LANDS                                   8.4 Blocking out. Blocking out will be ac-
                                                                                complished in accordance with sound real es-
                      Sec.                                                      tate practices, for example, on minor sec-
                      8.0 Acquisition of lands for reservoir                    tional subdivision lines; and normally, land
                          projects.                                             will not be acquired to avoid severance dam-
                      8.1 Lands for reservoir construction and op-              age if the owner will waive such damage.
                          eration.                                                8.5 Mineral rights. Mineral, oil and gas
                      8.2 Additional lands for correlative pur-                 rights will not be acquired except where the
                          poses.                                                development thereof would interfere with
                      8.3 Easements.                                            project purposes, but mineral rights not ac-
                      8.4 Blocking out.                                         quired will be subordinated to the Govern-
                      8.5 Mineral rights.                                       ment’s right to regulate their development
                      8.6 Buildings.                                            in a manner that will not interfere with the
                        AUTHORITY: The provisions of this Part 8                primary purposes of the project, including
                      issued under Sec. 7, 32 Stat. 389, sec. 14, 53            public access.
                      Stat. 1197; 43 U.S.C. 421, 389.                             8.6 Buildings. Buildings for human occu-
                        8.0 Acquisition of lands for reservoir projects.        pancy as well as other structures which
                      Insofar as permitted by law, it is the policy             would interfere with the operation of the
                      of the Departments of the Interior and of the             project for any project purpose will be pro-
                      Army to acquire, as a part of reservoir                   hibited on reservoir project lands.
                      project construction, adequate interest in                  (b) Application of Joint Policy by Corps
                      lands necessary for the realization of opti-
                      mum values for all purposes including addi-
                                                                                of Engineers. In order to assure that the
                      tional land areas to assure full realization of           water and land areas of reservoirs con-
                      optimum present and future outdoor rec-                   structed by the Corps are available to
                      reational and fish and wildlife potentials of             the public, the lands which provide ac-
                      each reservoir.                                           cess along the shore of the reservoir
                        8.1 Lands for reservoir construction and op-            will be supplemented at selected loca-
                      eration. The fee title will be acquired to the            tions for concentrated public use.
                      following:
                        (a) Lands necessary for permanent struc-
                                                                                Where projects have either recreation
                      tures.                                                    or fish and wildlife, or both, as project
                        (b) Lands below the maximum flowage line                purposes, additional lands will be ac-
                      of the reservoir including lands below a se-              quired as set out in the authorization
                      lected freeboard where necessary to safe-                 and specified in design memoranda.
                      guard against the effects of saturation, wave             The policy contemplates that the
                      action, and bank erosion and to permit in-                United States own in fee a continuous
                      duced surcharge operation.
                                                                                area of land around the reservoir above
                        (c) Lands needed to provide for public ac-
                      cess to the maximum flowage line as de-                   the water level to insure ready access
                      scribed in paragraph 1b, or for operation and             along the shore. However, certain ex-
                      maintenance of the project.                               ceptions have been adopted, as set
                        8.2 Additional lands for correlative purposes.          forth hereinafter. Under the Joint Pol-
                      The fee title will be acquired for the fol-               icy the Corps will take an adequate in-
                      lowing:                                                   terest in lands, including areas re-
                        (a) Such lands as are needed to meet                    quired for public access, to accomplish
                      present and future requirements for fish and
                      wildlife as determined pursuant to the Fish
                                                                                all of the authorized purposes of the
                      and Wildlife Coordination Act.                            project and thereby obtain maximum
                        (b) Such lands as are needed to meet                    public benefits therefrom. The state-
                      present and future public requirements for                ments in the policy which define the
                      outdoor recreation, as may be authorized by               land interests to be acquired in par-
                      Congress.                                                 ticular areas are guidelines in applica-
                        8.3 Easements. Easements in lieu of fee                 tion of policy.
                      title may be taken only for lands that meet
                      all of the following conditions:                            (1) Land to be Acquired in Fee. (i)
                        (a) Lands lying above the storage pool.                 Lands necessary for the dam site, con-
                        (b) Lands in remote portions of the project             struction areas and permanent struc-
                      area.                                                     tures.

                                                                          109



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00109   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 644.4                                                              32 CFR Ch. V (7–1–00 Edition)

                         (ii) The lands below a guide contour                  to submission of the Real Estate De-
                      line (guide acquisition line) established                sign Memorandum.
                      with a reasonable freeboard allowance                      (iv) Lands required for operation and
                      above the top pool elevation for storing                 maintenance of the project for:
                      water for flood control, navigation,                       (A) Frequently used operational
                      power, irrigation, and other purposes,                   areas.
                      referred to in this paragraph as the                       (B) Clearing and disposition of debris.
                      ‘‘full pool’’ elevation. In nonurban                       (C) Maintenance, repair, and restora-
                      areas generally, this freeboard allow-                   tion.
                      ance will be established to include al-                    (D) Anticipated erosion.
                      lowances for induced surcharge oper-                       (E) Safeguarding public health, and
                      ations plus a reasonable additional                      malaria and mosquito control.
                      freeboard to provide for adverse effects                   (F) Sanitation.
                      of saturation, wave action and bank                        (v) Lands specifically authorized by
                      erosion. Factors such as estimated fre-                  the Congress for recreation and fish
                      quency of occurrence, probable accu-                     and wildlife purpose as defined by the
                      racy of estimates, and relocation costs,                 Federal Water Project Recreation Act
                      will be taken into consideration. Where                  (Pub. L. 89–72) and Fish and Wildlife
                      this freeboard does not provide a min-                   Coordination Act of 1958 (Pub. L. 85–
                      imum of 300 feet horizontally from the                   624, 16. U.S.C. 661 et seq).
                      conservation pool, defined as the top of                   (A) All lands to be acquired for fish
                      all planned storage not devoted exclu-                   and wildlife purposes, either mitiga-
                      sively to flood control, then the guide                  tion enhancement lands or estates
                      acquisition line will be increased to                    therein required for other project pur-
                      that extent. In the vicinity of urban                    poses, will be presented in such a way
                      communities or other areas of highly                     as to distinguish clearly all such lands
                      concentrated developments, the total                     under each of the separate authorities
                      freeboard allowance between the full                     involved. Specific guidance on fish and
                      pool elevation and the acquisition line                  wildlife resources is contained in ER
                      may be greater than prescribed for                       1120–2–400 and ER 1120–2–404.
                      nonurban areas generally, and shall be                     (B) The purpose of Pub. L. 89–72 is to
                      sufficient to assure that major hazards                  provide a uniform policy with respect
                      to life or unusually severe property                     to recreation and fish and wildlife ben-
                      damages would not result from floods                     efits and costs of Federal multiple-pur-
                      up to the magnitude of the standard                      pose water resource projects, and for
                      project flood. In such circumstances,                    other purposes.
                      however, consideration may be given to                     (1) Pub. L. 89–72, as amended by sec-
                      easements rather than fee acquisition                    tion 77 of Pub. L. 93–251, does, however,
                      for select sections if found to be in the                create a unique provision relating to
                      public interest. However, when the                       local participation in the recreation
                      project design provides a high level                     and fish and wildlife developments in
                      spillway, the crest of which for econ-                   water resource projects. Provisions of
                      omy of construction is substantially                     that Act, as amended, must be adhered
                      higher than the storage elevation re-                    to and contracts for administration of
                      quired to regulate the reservoir design                  project lands and cost-sharing shall fol-
                      flood, the upper level of fee acquisition                low the amendments contained in sec-
                      will normally be at least equal to the                   tion 77 of Pub. L. 93–251.
                      top elevation of spillway gates or crest                   (2) Section 3(b) of Pub. L. 89–72 fur-
                      elevation of ungated spillway, and may                   ther provides that, notwithstanding
                      exceed this elevation if necessary to                    the absence of an indication of intent
                      conform with other criteria prescribed                   as specified above, lands may be pro-
                      herein.                                                  vided in project planning which would
                         (iii) Lands to be acquired for public                 preserve the recreation and fish and
                      use, being those reflected in the Recre-                 wildlife potential of the project for sub-
                      ation Resources Appendix of the Phase                    sequent development by local interests.
                      I General Design Memorandum (ER                          The act prescribes that local interests
                      1120–2–400). The Phase I General Design                  must within 10 years after initial oper-
                      Memorandum is required to be pre-                        ation of the project enter into agree-
                      pared and submitted for approval prior                   ments specified above. In the event

                                                                         110



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00110   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                        § 644.4

                      such agreements are not obtained, the                     ments in the area above the guide con-
                      proposed facilities cannot be con-                        tour line, recommendations for such
                      structed and the Corps may utilize the                    adjustments will be included in the
                      lands acquired for any lawful purpose                     real estate design memorandum, or
                      within the Corps’ jurisdiction or may                     will be subsequently submitted with
                      offer said land for sale to its immediate                 proposed final real property acquisi-
                      prior owner or his immediate heirs at                     tion lines, for approval of the Division
                      its appraised fair market value at the                    Engineer in accordance with § 644.7.
                      time of disposal. In the event that an                       (ix) Lands which will be covered by
                      agreement with the prior owner or his                     any sediment delta that is expected to
                      heirs cannot be reached in 90 days, dis-                  form as the result of aggradation of
                      posal of the property will ensue pursu-                   streams draining into the reservoir.
                      ant to usual disposal procedures.                         The estimate of this area shall be based
                         (3) The provisions of Pub. L. 89–72, as                upon the probable sediment inflow for
                      amended, are construed to apply to                        a period at least equal to the economic
                      planning for projects authorized in 1965                  life of the project.
                      or thereafter. Accordingly, all planning                     (2) Lands Over Which Easements are to
                      for future projects must be coordinated                   be Acquired. (i) Lands in reservoir areas
                      with local interests as defined in the                    of flood-control-only projects, which do
                      law and all design memoranda relating                     not provide conservation pools, except
                      to land acquisition or development of                     as required for public access.
                      recreation or fish and wildlife areas
                                                                                   (ii) Lands required for a relatively
                      must clearly set forth the potential of
                                                                                short time for temporary structures or
                      the project for such development and
                                                                                for use during the construction period
                      the intent of local interests in ful-
                                                                                only.
                      filling the requirements of this law.
                         (4) Public Law 89–72, as amended,                         (iii) The Joint Policy of 1962 provides
                      does not impose a requirement for                         that flowage easements may be ac-
                      local participation in all recreation                     quired in reservoir projects if all four
                      and fish and wildlife areas. Develop-                     conditions of Section 8–3 of the Joint
                      ment of recreation areas and planning                     Policy are met. For the purposes of
                      for fish and wildlife areas will be in ac-                land acquisition, to distinguish be-
                      cordance with the guidelines set forth                    tween fee and flowage easement ‘‘re-
                      in this Chapter and related regulations.                  mote portions of the project area’’ as
                         (vi) Lands for resource preservation                   referred to in Section 8–3 of the Joint
                      and/or enhancement in fulfillment of                      Policy are defined as those lands lying
                      the National Environmental Policy Act                     upstream from the conservation pool
                      of 1969 (Pub. L. 91–190, 83 Stat. 852) and                (the top elevation of all storage other
                      Executive Order 11514 will be those ap-                   than that devoted exclusively to flood
                      proved in the authorizing document                        control use) on the main stream and all
                      and/or those approved in the Recre-                       significant tributaries thereof.
                      ation Resources Appendix of the Gen-                         (iv) Lands downstream from the dam
                      eral Design memorandum.                                   and required only for operational pur-
                         (vii) Uneconomic remnants required                     poses.
                      to be purchased in fee under section                         (v) In flood control projects which do
                      301(9) of Pub. L. 91–646.                                 not have conservation pools, the right
                         (viii) Recommendations may be made                     to occasionally flood should be ac-
                      in the Real Estate Design Memo-                           quired in all lands, except that the
                      randum to eliminate lands from acqui-                     right to permanently flood should be
                      sition located within the approved                        acquired in those lands which may be
                      guide acquisition line but above the                      subjected to permanent flooding, as in
                      guide contour line which are highly de-                   the case of a trash pool.
                      veloped or devoted to public uses such                       (3) Levees in Lieu of Acquisition. Where
                      as parks, golf courses, cemeteries, etc.                  construction of levees or flood walls
                      Also, where for reasons of steep ter-                     and necessary associated facilities for
                      rain, presence of highways and rail-                      protection of lands and properties lo-
                      roads, severe severance, or for other                     cated within potential flowage limits
                      reasons, sound real estate practice in-                   of a reservoir is proposed in lieu of ac-
                      dicates requirement for some adjust-                      quisition of fee title or easements over

                                                                          111



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00111   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 644.5                                                               32 CFR Ch. V (7–1–00 Edition)

                      such properties, the protective struc-                    tion and/or reservation of mineral in-
                      tures shall meet the following min-                       terests.
                      imum functional requirements:                               (2) Generally fee title to all sub-
                        (i) In urban communities or other                       surface interests will be acquired in
                      areas of highly concentrated develop-                     areas required for all structures, areas
                      ments where overtopping of levees                         required for project operations and
                      would result in major hazards to life or                  public use including access, and in
                      unusually severe property damage                          areas where the value of the subsurface
                      under anticipated future conditions,                      interests is nominal. Reservation of
                      levee grades and designs shall be ade-                    coal, oil, gas and other minerals will be
                      quate to withstand without failure the                    permitted whenever any aspect of min-
                      occurrence of the standard project                        eral development will not interfere
                      flood, assuming the reservoir is filled                   with project purposes. The reservation
                      to highest level that is reasonably like-                 of mineral rights will be predicated
                      ly to prevail at the beginning of such a                  upon the Government’s right to so reg-
                      flood.                                                    ulate their development as to elimi-
                        (ii) Under circumstances where it can                   nate any interference with project pur-
                      be reasonably shown that possible                         poses and to minimize any adverse im-
                      overtopping of protective levees or                       pact on the environment including aes-
                      flood walls as proposed would not re-                     thetic values.
                      sult in unusual hazards to life or major                    (c) Reservation of Minerals. (1) When it
                      property damage, levee grades shall be                    has been determined that the reserva-
                      as high as economically practicable in                    tion of minerals will not interfere with
                      consideration of apparent risks and                       the purposes of the project, the min-
                      costs involved, and flowage easements                     erals will be subordinated in accord-
                      or other appropriate assurances from                      ance with the following guidelines:
                      local interests shall be obtained insofar                   (i) The estate providing for the subor-
                                                                                dination will not be utilized unless ap-
                      as necessary to protect the Govern-
                                                                                proved by HQDA (DAEN–REA).
                      ment in the event the protective struc-
                                                                                  (ii) Any subordination agreement, to-
                      tures are overtopped.
                                                                                gether with additional regulations in-
                      § 644.5   Mineral Acquisition Practices.                  corporated by reference, must clearly
                                                                                define:
                        (a) Procedure. The procedure of the                       (A) The rights and obligations of the
                      Corps of Engineers in acquiring the                       Government and the mineral owner,
                      necessary land or interests therein to                    operator, and/or lessee.
                      accommodate projects authorized by                          (B) The control to be exercised over
                      the Congress is to permit the reserva-                    site development for mining purposes.
                      tion of the minerals in the land, unless                    (C) Required land reclamation or res-
                      the reservation is inimical to the oper-                  toration.
                      ation of the project. In all cases where-                   (D) Restrictions against pollution
                      in a reservation is permitted, the min-                   and degradation of project environ-
                      eral interests are subordinated to the                    ment and aesthetics.
                      primary project purposes, including                         (E) Provisions for compliance inspec-
                      public access and preservation of envi-                   tion by the Government of all site de-
                      ronmental quality.                                        velopment and mining activities over
                        (b) General. (1) The multiplicity of                    which the Government has control
                      ownerships in mineral interests, the                      under paragraph (c)(1)(ii)(B) of this sec-
                      variety of minerals and the different                     tion.
                      methods of mineral exploration, recov-                      (2) After execution of a subordination
                      ery and production make it impracti-                      agreement as provided above, the Dis-
                      cable to define in advance specific                       trict Engineer will develop a program
                      guidelines concerning the reservation                     for the surveillance of mineral activi-
                      of mineral interests and their subordi-                   ties at each project.
                      nation to primary project purposes in                       (3) The representatives of the Divi-
                      any given project. The initial planning                   sion and District Engineers are to be
                      documents, real estate design memo-                       fully informed concerning the rights
                      randa, and master plans will fully dis-                   and responsibilities of the Government
                      cuss and consider the extent of acquisi-                  and the mineral owner and/or operator

                                                                          112



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00112   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                       § 644.6

                      under the terms of the estates acquired                  eral agencies relative thereto. The real
                      for the subordination of minerals, and                   estate estimates in the reports should
                      will periodically inspect all mining ac-                 be recent enough to be meaningful for
                      tivities to insure compliance with the                   the purpose intended. Documentation
                      terms of the subordination agreement                     regarding the estimates, such as when
                      and any plan incorporated by reference                   and by whom made, nature and extent
                      into such agreement.                                     of field investigation, search for com-
                        (d) Off-Project Mineral Activity. In                   parable sales and similar factual mate-
                      connection with all drainage basins,                     rial, shall be maintained.
                      where there is present or potential                        (b) Phase I and Phase II General De-
                      mineral activity upstream from a proj-                   sign Memoranda. (1) The General Design
                      ect or nearby lands outside the project                  Memorandum (GDM) is a report on an
                      limits, the District Engineer will:                      authorized project. Its form and con-
                        (1) Establish and maintain liaison                     tent are set forth in ER 1110–2–1150. It
                      with Federal and State agencies having                   includes a real estate section, which
                      responsibility for the regulation of                     consists of a general discussion of real
                      mineral activities and the control of                    estate requirements for the project,
                      environment in order to prevent ad-                      recommendations as to estates to be
                      verse effects of mining on the project.                  acquired, a gross appraisal of the nec-
                        (2) Institute a system for monitoring                  essary land and interests therein, and
                      adverse effects on the project such as                   other features considered desirable to
                      sedimentation and acid drainage.                         present all major real estate problems
                        (3) Take steps to insure that Corps                    and to recommend solutions. Subject
                      personnel in charge of the project are                   to the availability of data, minerals in
                      familiar with State and Federal laws                     the project area should be covered in
                      governing the control of mineral recov-                  the manner set forth in § 644.5. Detailed
                      ery and the environment, as well as the                  sales data are not necessary, but may
                      Federal or State agencies responsible                    be included if it is anticipated that rec-
                      for the enforcement of such laws.                        ommendations will be made for early
                        (4) Division and District Engineers
                                                                               acquisition of interior tracts.
                      are requested to use the Refuse Act of
                                                                                 (2) Real Estate personnel will prepare
                      1899 and any other legal remedies that
                                                                               the real estate section of the GDM. The
                      may be appropriate in a particular sit-
                      uation in order to protect the interests                 requirements for current real estate es-
                      of the United States and preserve the                    timates and necessary documentation
                      integrity of the project.                                thereof contained in § 644.6(a) are also
                                                                               applicable to this paragraph.
                      § 644.6 Feasibility Reports and Design                     (c) Real Estate Design Memoranda. (1)
                           Memoranda.                                          Following approval of the Phase I
                         (a) Feasibility Investigations and Re-                GDM, a Real Estate Design Memo-
                      ports. Survey investigations and re-                     randum (REDM) will be prepared by
                      ports are the studies and reports, spe-                  the Division or District Engineer. Ap-
                      cifically authorized by Congress and                     proval of the REDM shall be in accord-
                      made by Division and District Engi-                      ance with ER 1110–2–1150, para 21b(2)(j).
                      neers as assigned by the Chief of Engi-                  No land shall be acquired for the
                      neers, to determine the scope, jus-                      project without approval of the initial
                      tification, and degree of Federal inter-                 REDM except (i) in the case of an ad-
                      est in protection and development of                     vance land acquisition situation, (ii)
                      harbors, waterways, shores and beach-                    acquisition for local cooperation proj-
                      es, and river basins. For water resource                 ect, or (iii) when a letter-type REDM
                      projects the reports include determina-                  has been submitted. The REDM will in-
                      tion of needs of alternative plans of                    clude the following in the order set
                      protection and development to be con-                    forth below:
                      sidered for recommendation to Con-                         (A) A statement that this REDM is
                      gress for authorization as Federal                       tentative in nature for planning pur-
                      projects. Survey reports should clearly                  poses only and that both the final real
                      specify real estate requirements, both                   property acquisition lines and the esti-
                      immediate and prospective, and the re-                   mate of value are subject to change
                      sponsibilities of Federal and non-Fed-                   even after approval of this REDM.

                                                                         113



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00113   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 644.6                                                              32 CFR Ch. V (7–1–00 Edition)

                        (B) Project authorization, designa-                    proposed plan of access during con-
                      tion, location and date of approval of                   struction will be fully described.
                      GDM Phase I, including the Recreation                      (2) Relocation of highways, roads,
                      Resources Appendix (App A, ER 1110–2–                    railroads, pipelines, and utilities (ER
                      1150).                                                   1180–1–1, Section 73). Statement will be
                        (C) General description of the area                    included as to whether the Government
                      and estimated total acreage. The total                   or the owner(s) will acquire new rights-
                      acreage will be broken down as to fee                    of-way, if any, necessary for the var-
                      and easement areas. The fee will be fur-                 ious relocations.
                      ther broken down to indicate, sepa-                        (H) Number of structures and facili-
                      rately, the estimated acreage required                   ties which will come within the pur-
                      for the various authorized project pur-                  view of section 111 of the Act of Con-
                      poses.                                                   gress approved July 3, 1958 (Pub. L. 85–
                        (D) If any Government-owned land is                    500), and a preliminary estimate of
                      within the area, indicate the Govern-                    Government costs (ER 1180–1–1, Section
                      ment’s estate, degree of interest re-                    73).
                      quired for project purposes, and views                     (I) A study, in accordance with § 644.5,
                      of the local representative of the con-                  of present or anticipated mineral activ-
                      trolling agency as to use for project                    ity in the vicinity of the project which
                      purposes (see Act of July 26, 1956 (70                   may affect the operation thereof. A
                      Stat. 656) with respect to national for-                 recommendation including cost esti-
                      est land).                                               mate, if applicable, regarding the ac-
                                                                               quisition of the minerals should also be
                        (E) Appraisal information containing
                                                                               included in this section of the REDM.
                      a general statement as to character,
                                                                                 (J) A discussion of standing timber
                      present use and highest and best use of
                                                                               and other vegetative cover in proposed
                      the land, local economic conditions
                                                                               recreation areas and other areas above
                      which may affect the trend of real es-
                                                                               the conservation pool which have
                      tate values in the community and the
                                                                               recreation or scenic value. Rec-
                      gross estimate of value for the area to
                                                                               ommendations should be made as to
                      be acquired under the REDM. The gross
                                                                               the significance of such timber and
                      appraisal on which this estimate is
                                                                               cover and as to whether reservation of
                      based should be forwarded concurrently
                                                                               standing timber should be permitted in
                      to HQDA (DAEN–REE) WASH DC 20314.
                                                                               the various parts of the fee area.
                        (F) Information necessary to ascer-
                                                                                 (K) A map(s) showing the area which
                      tain responsibility under Pub. L. 91–646
                                                                               is the subject of the REDM, indicating
                      including but not limited to the fol-
                                                                               the acquisition guide line, contour line,
                      lowing:                                                  the tentative blocked out fee line, mul-
                        (1) The number of persons, farms and                   tipurpose pool, and lands in which the
                      businesses to be displaced.                              acquisition of easements is rec-
                        (2) An estimate of all costs, including                ommended. The map(s) will show,
                      contingencies to be incurred as a result                 where appropriate, the dam site, con-
                      of compliance with Pub. L. 91–646. Part                  struction area, borrow areas, spoil
                      641 of this subchapter sets out the                      areas, public access areas, fish and
                      items to be considered in estimating                     wildlife areas, and recreation areas. In
                      these costs.                                             addition, the appropriate map(s) will
                        (3) Information regarding the avail-                   have outlined thereon the items of con-
                      ability of replacement housing.                          struction or major project features. Ac-
                        (G) Estimated cost to the United                       cess roads and railroad rights-of-way
                      States of lands, easements, and rights-                  required for these areas will also be
                      of-way necessary for acquisition by the                  shown. Chapter 3 of ER 405–1–12 relates
                      United States for:                                       to the preparation of maps. With re-
                        (1) Access roads to project area. A                    spect to a project where it is planned
                      statement will be included as to wheth-                  to submit several REDMs covering por-
                      er existing public roads will be utilized                tions of the project, the initial REDM
                      within the purview of 33 U.S.C. 701r–1                   will contain a map showing the entire
                      or new rights-of-way for access roads                    project, with the information shown
                      will be acquired, with the estimated                     thereon as indicated above, insofar as
                      cost of such new rights-of-way. The                      this information covering the entire

                                                                         114



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00114   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                        § 644.6

                      project is then available. All subse-                     ter-type memoranda) previously sub-
                      quent REDMs will contain the same                         mitted, and will show dates submitted
                      type of map, on which will be shown                       by the District Engineer and, if ap-
                      the area(s) on which REDMs have been                      proved, dates of approval thereof.
                      previously submitted with each such                         (2) Upon approval of each REDM, the
                      area keyed to the number of its REDM.                     Division or District Engineer may, sub-
                      Maps shall be of sufficient scale to be                   ject to the availability of funds, pro-
                      legible and to permit ready interpreta-                   ceed with the acquisition of land and/or
                      tion of pertinent features.                               interests therein. The REDM, as ap-
                        (L) An aerial mosaic, if available, to                  proved, will constitute the overall real
                      provide a pictorial support to the rest                   estate plan for acquisition of the area
                      of the report concerning involved prob-                   covered by the REDM. Whenever
                      lems.                                                     changes in the approved REDM are re-
                        (M) Discussion relating to the acqui-                   quired, a supplementary REDM de-
                      sition or relocation of towns and ceme-                   scribing the proposed changes and set-
                      teries within the project area (ER 1180–                  ting forth the reasons therefor will be
                      1–1, Section 73).                                         submitted. Approval of a supplemental
                        (N) A realistic estimate of adminis-                    REDM is required before acquisition
                      trative costs, giving due recognition to                  can proceed in the area in which the
                      existing and foreseeable conditions. To                   changes are proposed.
                      assure direct relationship between                          (3) Prior to the approval of the
                      costs and estimates, the breakdown of                     REDM, Division and District Engineers
                      these estimates will conform to the                       should, subject to the availability of
                      prescribed acquisition activity cost                      funds, proceed with preliminary real
                      items as set forth under Real Estate                      estate work, in the same manner as set
                      Schedule/Cost and Performance, ENG                        out in § 644.30. No action will be taken
                      Form 4564, or any further breakdown                       to solicit an offer from a landowner for
                      which the District Engineer may con-                      the purchase of his land until the ac-
                      sider desirable. Included as a minimum                    quisition has been approved and sub-
                      requirement will be: Estimated admin-                     ject to availability of funds and com-
                      istrative costs for mapping, surveying,                   pliance with the applicable provisions
                      and boundary monumentation, apprais-                      of Pub. L. 91–646.
                      ing, title evidence, negotiating and                        (4) An REDM is not required for
                      closing direct purchases, condemna-                       projects authorized by the Congress
                      tion, and relocation assistance.                          subject to the condition that local in-
                        (O) Summary of project real estate                      terests furnish without cost to the
                      costs, total all project real estate costs                United States the necessary lands,
                      by category, i.e., land cost, improve-                    easements, and rights-of-way. However,
                      ments, severance, Pub. L. 91–646 costs,                   the GDM should include a statement
                      relocations, minerals, contingencies,                     enumerating the requirements of local
                      administrative costs, etc.                                cooperation, the name of the local in-
                        (P) Schedule of acquisition.                            terests proposing to fulfill said require-
                        (Q) Discussion and recommendations                      ments, an estimate of land costs, and
                      concerning the nonstandard estates                        any other information pertinent there-
                      proposed for acquisition and the real                     to.
                      property boundary lines.                                    (5) Number and content of Real Es-
                        (R) The extent of the existing naviga-                  tate Design Memorandum.
                      tional servitude (ER 1165–2–302).                           (i) With respect to reservoir projects
                        (S) The REDMs will be assigned a                        involving an extensive real estate pro-
                      single basic number for each project;                     gram, it is considered preferable that
                      succeeding REDMs will be given alpha-                     more than one REDM be prepared so
                      betical suffixes to the basic assigned                    that each will cover a segment or
                      number—for example, REDM Nos. 5,                          group of segments, making up the total
                      5A, 5B, etc. Copies of the letter of                      project, consistent with the planned
                      transmittal and indorsements thereon                      schedule of acquisition.
                      will be inserted in the front of each                       (ii) For those projects, requiring two
                      copy of the REDM. A cover sheet will                      or more REDMs to cover the project
                      list chronologically all REDMs (includ-                   area, each REDM will include all con-
                      ing supplements thereto and brief let-                    tiguous lands for each public access

                                                                          115



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00115   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 644.7                                                               32 CFR Ch. V (7–1–00 Edition)

                      point and recreational site proposed                        (ii) The obtaining of such release in
                      within the area covered by that REDM.                     lieu of acquisition is concurred in, in
                      Noncontiguous areas planned for these                     writing, by the local road authority,
                      purposes that are located beyond the                      and the local road authority is released
                      limits of the REDM involved will be                       from damages due to loss of access.
                      omitted therefrom. This procedure does                      (6) For lands to be acquired in fee or
                      not apply to areas authorized for fish                    easements, close tangent will be used,
                      and wildlife purposes. Lands authorized                   generally following the acquisition
                      specifically for fish and wildlife pur-                   line.
                      poses may be included either in a con-                      (7) When small portions of additional
                      ventional REDM, along with other                          properties, not otherwise needed for
                      project lands or be submitted as a sepa-                  the project, are within the acquisition
                      rate REDM, depending on convenience                       line, they may be omitted if to do so
                      in preparation and size of the area.                      will not materially affect the operation
                      However, in either event, whenever                        and maintenance of the project as de-
                      practicable, the entire area proposed                     termined by operational elements.
                      for this purpose should be covered in
                                                                                § 644.7 Acquisition lines.
                      one REDM, as a unit.
                         (iii) For smaller projects, not involv-                   (a) Tentative Acquisition Lines. As in-
                      ing an extensive real estate program,                     dicated in § 644.6(c)(1)(iii)(K), tentative
                      all real estate requirements, including                   acquisition lines are shown on maps
                      those for public access, fish and wild-                   which are part of the REDM. However,
                      life, and recreation, may be covered in                   at that time, the lines will, to some ex-
                      a single REDM.                                            tent, be irregular and located without
                         (d) Blocking Out. The following are                    full regard to their effect upon fringe
                      guidelines to be observed to the extent                   tracts. It will, therefore, be necessary
                      possible in preparing the REDM. These                     to establish final acquisition lines, in
                      guidelines will be adhered to by the Di-                  accordance with sound real estate prac-
                      vision Engineer in his approval of the                    tices. Accordingly, fringe tracts will
                      final real estate acquisition lines.                      not be acquired until the final acquisi-
                                                                                tion lines are approved by the Division
                         (1) Close blocking out will be accom-
                                                                                Engineer.
                      plished in accordance with sound real
                                                                                   (b) Submission. As soon as possible
                      estate practices.
                                                                                after authority has been granted to ac-
                         (2) For land acquired in fee, the                      quire the land and/or interest therein,
                      blocked out final real estate acquisi-                    the District Engineer will complete ap-
                      tion line will be established in such                     praisals covering the fringe tracts.
                      manner as to minimize costs and cause                     Thereupon, a map showing proposed
                      the least disruption in the use of the                    final acquistion lines will be submitted
                      remainder of the ownership.                               to the Division Engineer, accompanied
                         (3) Severance damages will be avoid-                   by justification and reasons therefor.
                      ed to the extent possible consistent                      This submission may be for an entire
                      with real estate requirements for the                     project or by segments or units. How-
                      project. In accordance with section 301                   ever, if the final map is submitted on a
                      of Pub. L. 91–646, if the acquisition of                  segment or unit basis, each segment or
                      part of a tract will render the remain-                   unit must be complete in itself and not
                      der an uneconomic unit, an offer must                     be dependent on another segment or
                      be made to purchase the entire tract.                     unit not submitted for approval.
                         (4) It is conceivable that, in certain                    (c) Approval. The Division Engineer is
                      instances, acquisition of an easement                     authorized to approve final acquisition
                      will result in an uneconomic remainder                    lines, but shall not delegate this re-
                      and this requires application of section                  sponsibility to District Engineers. This
                      301 of Pub. L. 91–646, as in paragraph                    authority is subject to the following:
                      (d)(3) of this section.                                      (1) Except for the addition or deletion
                         (5) A remnant without access need                      of individial ownerships, or portions
                      not be acquired if:                                       thereof, on the basis of the criteria
                         (i) The owner desires to retain the                    contained in § 644.6(d), approval of any
                      property and releases the Government                      changes in the overall plan will be in
                      from damages for lack of access, and                      compliance with ER 1110–2–1150.

                                                                          116



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00116   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                        § 644.8

                        (2) Estates in individual tracts may                    affected owners to formulate plans for
                      be changed if consistent with the over-                   the future, information concerning the
                      all plan. Approval, however, will be re-                  land acquisition program, procedures
                      quired from HQDA (DAEN–REA–P) if                          with respect thereto, and the specific
                      the estates are non-standard.                             effect on the individual properties, will
                                                                                be furnished to the affected owners at
                      § 644.8 Planning and scheduling real                      the outset of the project.
                           estate activities.                                     (2) Section 302 of Pub. L. 86–645 (33
                         (a) Normal Scheduling. (1) The objec-                  U.S.C. 597) is quoted, in part, for guid-
                      tive of a planned program is to provide                   ance:
                      for the early acquistion of land to                         Within six months after the date that Con-
                      avoid enhancement in land prices and a                    gress authorizes construction of a water re-
                      minimum of inconvenience to the prop-                     source development project under the juris-
                      erty owners. Also, it is essential that                   diction of the Secretary of the Army, the
                      there be adequate planning of the land                    Corps of Engineers shall make reasonable ef-
                      acquisition program to insure that                        fort to advise owners and occupants in and
                      there      is    no    interference   with                adjacent to the project area as to the prob-
                                                                                able timing for the acquisition of lands for
                      unacquired properties as a result of
                                                                                the project and for incidental rights-of-way,
                      construction activities.                                  relocations, and any other requirements af-
                         (2) It is essential that adequate funds                fecting owners and occupants. Within a rea-
                      be programmed on ENG Form 2213, Ad-                       sonable time after initial appropriations are
                      vance Engineering and Design Plan-                        made for land acquisition or construction,
                      ning Schedule (PB–2B), to proceed with                    including relocations, the Corps of Engineers
                      real estate planning; preparation of                      shall conduct public meetings at locations
                      Real Estate Design Memoranda; deter-                      convenient to owners and tenants to be dis-
                                                                                placed by the project in order to advise them
                      mination of final project boundaries;
                                                                                of the proposed plans for acquisition and to
                      and preliminary real estate work to                       afford them an opportunity to comment. To
                      the point where land acquisition can be                   carry out the provisions of this section, the
                      started as soon as construction funds                     Chief of Engineers shall issue regulations to
                      become available.                                         provide, among other things, dissemination
                         (3)      Surveys      and      boundary                of the following information to those af-
                      monumentation and/or marking shall                        fected: (1) Factors considered in making the
                      be completed prior to acquistion.                         appraisals; (2) desire to purchase property
                                                                                without going to court; (3) legal right to sub-
                         (4) Funds will be programmed for ac-
                                                                                mit to condemnation proceedings; (4) Pay-
                      quisition of lands for the construction                   ments for moving expenses or other losses
                      area and/or other areas initially re-                     not covered by appraised market value; (5)
                      quired within the first year, and for ac-                 occupancy during construction; (6) removal
                      quisition of lands for the other features                 of improvements; (7) payments required from
                      of the project as rapidly as necessary                    occupants of Government-acquired land; (8)
                      real estate data can be assembled. For                    withdrawals by owners of deposits made in
                      projects with major impoundment fea-                      court by Government; and (9) use of land by
                                                                                owner when easement is acquired.
                      tures and with scheduled construction
                      periods of more than two years, funds                       (3) Within a reasonable time after
                      will be programmed at a uniform level                     initial appropriations are made for
                      so that total real estate requirements                    land acquisition or construction, in-
                      will be covered by accepted offers to                     cluding relocations, Division and Dis-
                      sell or declarations of taking filed in                   trict Engineers will conduct meetings
                      court by the end of two-thirds of the                     with landowners. The United States
                      overall construction period.                              Senators of the state or states and
                         (b) Public Information. (1) The real es-               Members of the House of Representa-
                      tate activities of the Corps are ex-                      tives of the district or districts in
                      tremely sensitive, since they disrupt                     which the project is located should be
                      the lives of individuals and take their                   invited to attend. Normally, the public
                      homes, farms and businesses. There-                       meetings should be scheduled prior to
                      fore, the importance of keeping land-                     the commencement of the land acquisi-
                      owners and others having an interest                      tion program. The agenda for the meet-
                      in the land informed of the land acqui-                   ings will include not only the nine spe-
                      sition program is emphasized. In order                    cific items listed in section 302, Pub. L.
                      to avoid false rumors and to permit the                   86–645, but all other items of a nature

                                                                          117



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00117   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 644.8                                                              32 CFR Ch. V (7–1–00 Edition)

                      that will assist landowners and tenants                  neers representatives should explain
                      in understanding all of the Corps’ real                  the procedures followed when lands are
                      estate procedures such as, but not lim-                  condemned by the Federal Government
                      ited to: Acquisition schedules, the type                 on behalf of local interests, and the au-
                      of land interests to be acquired under                   thority for each action.
                      the Joint Policy, approximate acquisi-                     (6) If local interests refuse to call a
                      tion lines, management of the project,                   landowners meeting, the District Engi-
                      etc. In addition to the foregoing, pam-                  neer should call such a meeting, to ex-
                      phlets containing this information and                   plain the general construction features
                      the information brochure explaining                      of the project, to inform the land-
                      the benefits to landowners under Pub.                    owners and tenants that local interests
                      L. 91–646 will be given wide distribution                are obligated to acquire the necessary
                      at approximately the same time the                       lands, to state that we cannot explain
                      landowners meeting program is initi-                     the exact procedures which will be fol-
                      ated, and copies will be furnished to                    lowed by local interests, but to explain
                      the appropriate United States Senators                   the procedures followed when lands are
                      and Members of the House of Rep-                         condemned by the Federal Government
                      resentatives.                                            on behalf of local interests. If only a
                        (4) Inquiries, comments of land-                       very few landowners and tenants are
                      owners and tenants, and problems de-                     involved, local interests may hold their
                      veloped at the landowners meetings                       meeting in the District Engineer’s of-
                      should be recorded or, at least, a de-                   fice or at a location more convenient
                      tailed written resume made. HQDA                         to the landowners and tenants. While
                      (DAEN–REA–P) should be informed as                       this would not be a formal meeting, the
                      to the outcome of these meetings. Ef-                    same type of information would be fur-
                      fective follow-up to supply any infor-                   nished. Here, also the District Engineer
                      mation not available at the meeting, or                  should call such a meeting if local in-
                      to consider any particular problems                      terests refuse to do so.
                      presented, is essential to realize the                     (7) To summarize, public (land-
                      full advantage of the public relations                   owners) meetings are required by sec-
                      program.                                                 tion 302 of Pub. L. 86–645. This require-
                        (5) The provisions of this paragraph                   ment applies to local cooperation
                      are applicable to all water resource de-                 projects as well as to the large Federal
                      velopment projects, including all local                  water resources development projects.
                      cooperation projects for which real es-                  The meetings will be held by Division/
                      tate is to be acquired in whole or in                    District Engineers, to comply with the
                      part by local interests. Initial informa-                law, if local interests refuse to call
                      tion as to such projects for which real                  meetings at which information would
                      estate acquisition is exclusively a local                normally be furnished jointly by the
                      interest responsibility may be given,                    local interests and by the Corps of En-
                      within six months after project author-                  gineers representatives.
                      ization, by either the local interest or                   (8) Real Estate personnel and the
                      Federal Government, through the                          Public Affairs Officers of the Division
                      media best adaptable under the cir-                      and District Engineers should cooper-
                      cumstances. Advice should be given as                    ate closely in planning vigorous public
                      to the timing of acquisition of the                      relations programs as contemplated in
                      lands and lesser interests, and also as                  this paragraph and through the press,
                      to the extent to which acquisition will                  radio, and television.
                      be accomplished by the local interests.                    (c) Land Acquisition Funds for Land
                      After appropriations, the local inter-                   Acquisition in Advance of Project Con-
                      ests should be encouraged to sponsor                     struction. (1) A Land Acquisition Fund
                      and conduct a landowners meeting                         in the amount of $2 million was estab-
                      with attendance by Corps of Engineers                    lished as a part of the appropriations
                      representatives. If there is a joint re-                 contained in the Public Works for
                      sponsibility for real estate acquisition,                Water, Pollution Control, and Power
                      the local interests should explain the                   Development and Atomic Energy Com-
                      scheduled requirement for possession of                  mission Appropriation Act, 1971 (Pub.
                      the lands involved and their acquisi-                    L. 91–439). Comments of the House Ap-
                      tion procedures, and the Corps of Engi-                  propriations Committee in establishing

                                                                         118



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00118   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                        § 644.8

                      the Fund are contained in House Com-                      within a project will not be considered
                      mittee Report No. 91–1219, 91st Con-                      as a basis for acquisition. Hardship
                      gress, 1st Session, as follows:                           cases include, but are not necessarily
                        New land acquisition fund. The committee                limited to, cases involving the fol-
                      has approved the budget proposal to allocate              lowing:
                      $2 million to establish a fund for land acqui-              (A) The landowner has a valid con-
                      sition, in advance of project construction, to            tract to purchase a replacement prop-
                      alleviate severe hardship cases and to avoid              erty and failure to dispose of his prop-
                      price escalation. The proposal has been ap-               erty inside the project will force him to
                      proved with the understanding that prior
                      committee approval will be obtained for ini-              default the contract, forfeit his de-
                      tial purchases in each project area and that              posit, or otherwise lose the benefits of
                      use of the fund shall be confined to those                the contract, and other replacement
                      projects on which planning has progressed to              property is not available within the
                      the point that the damsite has been final-                same area under similar terms;
                      ized, and it is known with certainty the                    (B) The property owner is forced to
                      lands to be acquired for the project.
                                                                                relocate from the area due to his em-
                      This fund was increased to $3 million                     ployment or other circumstances be-
                      by the Public Works for Water and                         yond his control, and the Government’s
                      Power Development and Atomic En-                          project has so affected the sale of prop-
                      ergy Commission Appropriation Act of                      erties within the project area as to
                      1973 (Pub. L. 92–405).                                    make a sale to another private party at
                        (2) Applicability. Expenditures from                    a fair and reasonable price extremely
                      the Fund are applicable to authorized                     difficult; and
                      water resource development projects                         (C) Illness of the owner or other
                      for which land acquisition is a Federal                   members of his family, or other per-
                      responsibility.                                           sonal hardship makes his relocation
                        (3) Guidelines for Utilization of the                   from the area necessary and the Gov-
                      Fund for Advance Land Acquisitions. (i)                   ernment’s project has so affected the
                      The Fund will be used to acquire pri-                     sale of properties within the project
                      vate and non-Federal publicly-owned                       area as to make a sale to another pri-
                      properties at authorized water resource                   vate party at a fair and reasonable
                      development projects on which plan-                       price extremely difficult.
                      ning has progressed to the point that                       (D) As indicated above, these exam-
                      the damsite has been finalized and it is                  ples are not intended to exclude other
                      established with certainty that the in-                   cases where, in the exercise of sound
                      dividual properties will be required for                  judgment, actual hardship is found to
                      the project.                                              exist.
                        (ii) Only those individual properties
                                                                                  (iii) Individual tract ownerships rec-
                      will be considered for acquisition
                      where it can be shown that advance ac-                    ommended for advance acquisition by
                      quisition of the properties will allevi-                  Division and District Engineers and ap-
                      ate severe hardship to the landowner                      proved by OCE will be acquired by di-
                      and/or will avoid unusual land price es-                  rect purchase or through the filing of
                      calation. Unusual price escalation                        condemnation proceedings, in accord-
                      cases involve those individually owned                    ance with normal procedures.
                      properties where it can be dem-                             (4) Procedures. Individual tract own-
                      onstrated that the land value will ma-                    erships which Division and District En-
                      terially escalate, prior to commence-                     gineers consider are hardship cases or
                      ment of the land acquisition program                      involve unusual price escalation, with-
                      for the project from future appropria-                    in the guidelines set forth in paragraph
                      tions for land acquisition or construc-                   (c)(3) of this section should be rec-
                      tion, because of imminent actions                         ommended to OCE for acquisition.
                      which will change the highest and best                      (i) Full justification must be sub-
                      use of land, such as zoning actions,                      mitted to HQDA (DAEN–CWB) WASH
                      planned construction on the land and                      DC 20314 in support of the recommenda-
                      other changes in real estate market                       tion to acquire the individual owner-
                      factors which will materially escalate                    ships.
                      land values. Normal land escalation oc-                     (ii) If the recommendation is ap-
                      curring to all properties in general                      proved, action will be taken by OCE to

                                                                          119



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00119   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 644.8                                                               32 CFR Ch. V (7–1–00 Edition)

                      obtain approval of the House and Sen-                     other costs incident to such acquisi-
                      ate Committees on Appropriations.                         tion, shall be paid by the State, agen-
                      Upon receipt of Committee approvals,                      cy, instrumentality or nonprofit body.
                      the Division Engineer will be author-                       (ii) The State, agency, instrumen-
                      ized to proceed with the acquisition ac-                  tality or nonprofit body may repay
                      tion if sufficient funds are available                    such amount from any funds made
                      from the Land Acquisition Fund.                           available to it by any Federal depart-
                        (iii) Appropriate records will be                       ment, agency, or instrumentality,
                      maintained by District or Division En-                    other than the Department of the
                      gineers of allocations made from the                      Army.
                      Fund which are used for approved ac-                        (iii) Pending such payment, the Sec-
                      quisition cases. These funds will be ac-                  retary of the Army may expend from
                      counted for under a designated account                    any funds appropriated for the project
                      number.                                                   such sums as may be necessary to
                        (iv) When appropriations for land ac-                   carry out section 209, Pub. L. 90–483.
                      quisition or construction of the Fed-                       (iv) To secure such payment, the
                      eral project are specifically made by                     State, agency, instrumentality or non-
                      the Congress, the initial allowance of                    profit body may be required to execute
                      funds to the project will be reduced by                   a proper bond before acquisition is
                      the amount previously allotted from                       commenced.
                      the Land Acquisition Fund in order to                       (v) Any sums paid by a State, agency,
                      replenish the Fund for use at other                       instrumentality or nonprofit body
                      projects.                                                 under section 209 shall be credited to
                        (d) Acquisition for State or Local Inter-               the appropriation for the project.
                      ests—Resettlement Sites. (1) Section 209                    (3) Determinations Required Before Ap-
                      of Pub. L. 90–483 (82 Stat. 745) enacted                  plication of section 209. No acquisition
                      August 13, 1968, provides that the Sec-                   by the Department of the Army may be
                      retary of the Army may, prior to the                      undertaken under this section until the
                      approval of title by the Attorney Gen-                    Secretary of the Army has determined,
                      eral, acquire, enter upon, and take pos-                  after consultation with appropriate
                      session of lands or interests in lands by                 Federal, State and local government
                      purchase, donation, condemnation or                       agencies, that:
                      otherwise, whenever any State, or any                       (i) The development of a site is nec-
                      agency or instrumentality of a State or                   essary in order to alleviate hardships
                      local Government, or any nonprofit in-                    to displaced persons;
                      corporated body organized or chartered                      (ii) The location of the site is suit-
                      under the law of the State, or any non-                   able for development in relation to
                      profit association, shall undertake to                    present or potential sources of employ-
                      secure any lands or interests therein as                  ment; and
                      a site for the resettlement of families,                    (iii) A plan for development of the
                      individuals, and business concerns dis-                   site has been approved by appropriate
                      placed by a river and harbor improve-                     local government authorities in the
                      ment, flood control or other duly au-                     area or community in which the site is
                      thorized water resource project, and                      located.
                        (i) It is determined by the Secretary                     (4) Action by District or Division Engi-
                      of the Army that the State or local in-                   neer. When the District Engineer is of
                      terest is unable to acquire the nec-                      the opinion that section 209 may be ap-
                      essary land, or unable to acquire it                      plicable to a given situation, after con-
                      with sufficient promptness, and                           sultation with State and State agency
                        (ii) The Governor of the State in                       officials, the Governor of the State
                      which the site is located has requested                   should be advised of the pertinent pro-
                      such acquisition.                                         visions of the law and the assistance
                        (2) Cost of Acquisition. The Act also                   that can be rendered by the Secretary
                      provides that:                                            of the Army under the terms and con-
                        (i) All expenses of acquisition accom-                  ditions of the law at the request of the
                      plished under the authority of the Act,                   Governor. If planning towards resettle-
                      including any award that may be made                      ment is undertaken by a State, agency,
                      in a condemnation proceeding, the cost                    instrumentality or nonprofit body, the
                      of title evidence, appraisals and any                     District Engineer will keep advised of

                                                                          120



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00120   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                      § 644.21

                      the progress of such local planning and                   appropriate. Evidence must be sub-
                      will furnish guidelines and consulta-                     mitted that the terms and conditions
                      tion to the local interests during devel-                 of the deed have the approval of the
                      opment of the plan.                                       Governor and the agency to which con-
                         (5) Implementation of the Plan of Reset-               veyance is to be made. The deed will
                      tlement. When the final plan has been                     not be delivered until reimbursement
                      developed and approved by the appro-                      has been made to the United States for
                      priate Federal, State and local govern-                   the land and administrative costs ex-
                      mental agencies (which will include in-                   pended by the District Engineer inci-
                      formation showing that the site is nec-                   dent to the acquisition of the site.
                      essary to alleviate hardships to dis-
                      placed persons and suitable for devel-                     MILITARY (ARMY AND AIR FORCE) AND
                      opment in relation to present or poten-                         OTHER FEDERAL AGENCIES
                      tial sources of employment), a showing
                      has been made that the State is unable                    § 644.21   General.
                      to acquire the necessary lands or inter-                    (a) Purpose. Sections 644.21 through
                      ests therein or is unable to acquire the                  644.30 describe the procedures of the
                      lands with sufficient promptness, the                     Corps of Engineers relating to real es-
                      Governor has executed a request that                      tate planning and project authoriza-
                      the Secretary of the Army acquire the                     tion for the acquisition of land and in-
                      lands under the terms and conditions                      terests therein for military projects,
                      of the Act, and the State or agency of                    for the Department of Energy (DOE),
                      the State has executed a proper bond in                   and for other Federal agencies as re-
                      an amount deemed necessary to cover                       quired.
                      total expenditures to be made by the                        (b) Applicability. Provisions of these
                      Army for the land acquisition, the Dis-
                                                                                sections are applicable to the Office of
                      trict Engineer should submit to HQDA
                                                                                the Chief of Engineers and all Division
                      (DAEN–REA–P) WASH DC 20314 a brief
                                                                                and District Engineers having real es-
                      Real Estate Design Memorandum cov-
                                                                                tate responsibilities.
                      ering the land to be acquired under the
                      plan. The REDM should be accom-                             (c) General Procedures. (1) AR 405–10
                      panied by the final approved plan and                     and AFR 87–1 outline the policies of the
                      the information listed above in order                     Department of the Army and the De-
                      that the Secretary may make the de-                       partment of the Air Force, respec-
                      terminations as required by section                       tively, with respect to real estate ac-
                      209(b) of Pub. L. 90–483. No action will                  quisitions.
                      be taken by the District Engineer to                        (2) The policies of the Department of
                      acquire the land, proposed for acquisi-                   Energy (DOE) with respect to acquisi-
                      tion in the plan and the REDM, until                      tion of real estate are generally set
                      receipt of authority from DAEN–REA–                       forth in requests of that agency for
                      P to proceed with the acquisition. A                      preparation of real estate design mem-
                      complete record will be maintained of                     orandums.
                      all land and administrative costs inci-                     (3) The purpose of the planning func-
                      dent to the acquisition as a basis for a                  tion is to establish a sound basis for
                      request for reimbursement to the State                    the acquisition of land and interests
                      and/or the State agency or agencies.                      therein in accordance with existing law
                      Upon authorization to the District En-                    and broad procedures of higher author-
                      gineer to proceed with land acquisi-                      ity; to collect all necessary real estate
                      tions of the site, normal Corps land ac-                  data; to correlate and evaluate these
                      quisitions procedures will be followed.                   data from the standpoint of estab-
                         (6) Conveyance of the Site to the State                lishing the necessity for the proposed
                      or State Agency or Agencies. In accord-                   acquisition; to establish that no Gov-
                      ance with section 209(c) of Pub. L. 90–                   ernment-owned or Government-con-
                      483, upon completion of the acquisition                   trolled lands are available for the in-
                      of the site, a proper deed will be sub-                   tended use; to determine the required
                      mitted to HQDA (DAEN–REA–P) WASH                          estate, in accordance with existing
                      DC 20314 for execution by the Secretary                   policies, sufficient to protect the inter-
                      of the Army, for conveyance of the                        ests of the Government; and in general,
                      land to the State or State agency, as                     to prepare each project for submission

                                                                          121



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00121   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 644.22                                                              32 CFR Ch. V (7–1–00 Edition)

                      to the head of the interested depart-                     Such items will be omitted from
                      ment or agency, or his designee, and,                     REPRs where not applicable. When for-
                      where necessary, to the Department of                     warding the REPR, a copy of the Re-
                      Defense and the Committees on Armed                       viewing Appraiser Comment, con-
                      Services of the Senate and House of                       cerning the estimated land values as-
                      Representatives, for approval.                            signed therein, should be included as
                        (4) In the preparation of Real Estate                   an inclosure to the transmittal letter.
                      Planning Reports, or Real Estate Sum-                       (2) On Department of the Air Force
                      maries, consideration will be given to                    projects where estimated cost is not in
                      the procedures and criteria expressed                     excess of $25,000, brief REPRs are to be
                      in the regulations cited herein.                          prepared for issuance of directives by
                      § 644.22 Site selection.                                  the approprate Air Force Regional
                                                                                Civil Engineer (AFRCE). Such reports
                         When a requirement develops for a                      need not be submitted to the Chief of
                      new installation or the extension of an
                                                                                Engineers except in those cases in
                      existing installation, site selection will
                                                                                which the major command submits a
                      be the primary responsibility of the
                                                                                copy to Headquarters, USAF. This re-
                      using service. A representative of the
                                                                                port should contain adequate informa-
                      appropriate Division or District Engi-
                      neer will participate in selection of                     tion on the items listed in the fol-
                      sites for the Department of the Army                      lowing outline but need not be limited
                      and, upon request, in Department of                       thereto:
                      the Air Force site selection and pre-                       (i) Requirement for the property.
                      liminary investigations. Commanders                         (ii) Cost estimate of the property
                      and site boards should be informed of                     with indication of the method used in
                      any available lands, including mar-                       arriving at the estimate.
                      ginal lands in civil works projects and                     (iii) Summary sheet showing the
                      available lands under the control of                      acreages, interests to be acquired, im-
                      other departments and agencies, suit-                     provements and estimated costs, in-
                      able for the desired purpose. The using                   cluding the administrative costs of ac-
                      service will request the Chief of Engi-                   quiring the real property and all costs
                      neers or the appropriate Division or                      in connection with the Uniform Relo-
                      District Engineer to prepare a Real Es-                   cation Assistance and Real Property
                      tate Planning Report or Real Estate                       Acquisition Policies Act of 1970 (Pub.
                      Summary, making reference to the                          L. 91–646).
                      prior Site Selection Report if one was                      (iv) Map showing property to be ac-
                      prepared.                                                 quired, ownerships, and relation to ex-
                                                                                isting installation, where appropriate.
                      § 644.23 Real Estate Planning Docu-
                           ments.                                                 (v) In reports covering the acquisi-
                                                                                tion of runway clearance easements, a
                         (a) Real Estate Planning Reports. (1) A                profile, topographic, and obstruction
                      Real Estate Planning Report (REPR),                       drawing should be furnished.
                      as shown in Figure 2–1 in ER 405–1–12,
                                                                                  (vi) Discussions of any peculiar or
                      will be prepared by the Division or Dis-
                                                                                unusual problems anticipated in con-
                      trict Engineer for all major fee and
                      easement projects other than Reserve                      nection with the proposed acquisition
                      Component projects and extinguish-                        including relocation assistance re-
                      ment of grazing privileges on Federal                     quired by Pub. L. 91–646.
                      lands. The request for such REPR may                        (vii) Recommendations of the office
                      be initiated by any command or ech-                       preparing the report.
                      elon of the Army or Air Force (or by                        (b) Planning Documents for Reserve
                      the Washington Headquarters or field                      Component Acquisitions. Figure 2–2 in
                      operations offices of DOE for a Real Es-                  ER 405–1–12 is a sample of an REPR for
                      tate Design Memorandum). Certain                          use in acquisition of land for the U.S.
                      items contained in Figure 2–1 (ER 405–                    Army Reserve Program. This report
                      1–12) relate only to Department of the                    omits some items which appear in the
                      Air Force land acquisition programs                       usual planning report but includes
                      for runways and approach zones and                        other items particularly applicable to
                      are not applicable to other projects.                     U.S. Army Reserve sites.

                                                                          122



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00122   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                     § 644.23

                        (1) Real Estate Planning Report. The                   neer will participate in negotiation of
                      REPR for Reserve Component acquisi-                      the joint-use agreement and prepara-
                      tions should contain the following:                      tion of the necessary instruments, in
                        (i) A list of all sites inspected with                 coordination with local Army Reserve
                      reasons for rejection of the other sites.                and National Guard representatives. A
                        (ii) Description of physical character-                copy of the agreement so negotiated
                      istics of the site.                                      will be attached to each copy of the
                        (iii) Type and extent of grading and                   REPR prior to its distribution for re-
                      drainage required.                                       view. DOD Directive 1225.2 provides in
                        (iv) Soil and foundation conditions                    part: ‘‘The agreement shall remain in
                      with classification of overburden mate-                  full force and effect for the fixed term
                      rials (to be determined by test borings                  of years which represents the esti-
                      only if conditions indicate this neces-                  mated useful life of the facility.’’ This
                      sity).                                                   provision has generally been inter-
                        (v) Availability of adequate access,                   preted as fixing the use term at 25
                      water supply, electricity, gas for space                 years, although the probably useful life
                      heating, sewage disposal, drainage con-                  of a well-maintained armory type
                      ditions, and telephone services. Where                   structure is much longer. The DOD
                      it is necessary to construct or extend                   provision states a minimum require-
                      streets, water, sewer, or other utility                  ment; however, it does not preclude the
                      facilities to serve the selected site, a                 Army from securing a longer period of
                      written commitment will be obtained                      use. In order to secure a use term more
                      from the municipal authorities assur-                    commensurate with the Government
                      ing the United States that the munici-                   investment, joint-use agreements, at a
                      pality will perform such work without                    minimum, will be set up on a 25-year
                      cost to the United States, or indicating                 basis, with the option on the part of
                      the proportionate share of the costs                     the Government to renew for an addi-
                      the municipality will bear. This com-                    tional 25-year period under the same
                      mitment will be made a part of the                       terms and conditions.
                      REPR.                                                       (3) Real Estate Summary. Considerable
                        (vi) Cost estimates of supporting fa-                  time, effort and funds can be saved if
                      cilities and any unusual building foun-                  REPRs are foregone in those cases in-
                      dations, itemized to the degree prac-                    volving acquisition of property for U.S.
                      ticable to indicate items, quantities,                   Army Reserve and Army National
                      sizes, unit prices and totals.                           Guard use by transfer from another
                        (vii) A preliminary site plan, showing                 military department or the General
                      existing conditions and proposed lay-                    Services Administration. The Real Es-
                      out, to insure adequacy of the site for                  tate document in support of such pro-
                      its intended ultimate use.                               posed acquisitions will be a Real Estate
                        (viii) A formal legal commitment in                    Summary which will contain the fol-
                      the form of a resolution or other in-                    lowing elements only:
                      strument authorizing a long-term,                           (i) Authority for request.
                      nominal-rental lease or a donation, to-                     (ii) Acreage and estate.
                      gether with a reference to the author-
                                                                                  (iii) Estimated gross fair market
                      ity to grant the lease or make the do-
                                                                               value.
                      nation, in instances where land is
                                                                                  (iv) Map.
                      owned by a State, county, city or other
                      political subdivision.                                      (v) Excess status of land.
                        (ix) A draft of the proposed lease in                     (vi) Description of improvements (in-
                      terms acceptable to the lessor, taking                   cluding building numbers and square
                      into consideration the requirements in                   feet).
                      DOD Directive 4165.16.                                      (vii) Justification for use of the prop-
                        (2) Agreements for Joint National                      erty as provided by the Command. Pro-
                      Guard-Army Reserve Center. Title 10,                     posed construction (if any) should be
                      U.S.C., 2231 through 2238, DOD Direc-                    included.
                      tives 1225.2 and 1225.5, and AR 140–478                     (viii) Engineering Feasibility Study
                      contain policy and directions for the                    (if construction is planned).
                      establishment of this type of training                      (ix) Draft Acquisition Report is re-
                      facility. The Division or District Engi-                 quired for clearance under title 10

                                                                         123



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00123   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 644.24                                                             32 CFR Ch. V (7–1–00 Edition)

                      U.S.C. 2662 if estimated gross fair mar-                 original and one copy with appropriate
                      ket value is over $50,000 for acquisition                recommendations to HQDA (DAEN–
                      by transfer from another military de-                    REA–L) WASH DC 20314. Simulta-
                      partment.                                                neously with this action, the Division
                        (c) Lease Planning Reports. Reference                  Engineer will furnish the Major Air
                      is made to AR 405–10 and AFR 87–1,                       Command with six copies of the plan-
                      concerning requests for leasehold ac-                    ning report for review, approval, and
                      quisitions. A Lease Planning Report                      subsequent     transmittal    to  Head-
                      will be submitted upon request of the                    quarters, USAF.
                      Chief of Engineers or the using service.                   (ii) After preparation, review and ap-
                      Figure 2–3 in ER 405–1–12 is a sample of                 proval, the District Engineer will sub-
                      a Lease Planning Report.                                 mit the Lease Planning Report, where-
                        (d) Grazing Land Reports. (1) When                     in the estimated annual rental is in ex-
                      Federal grazing lands are a part of a                    cess of $25,000, to the Division Engi-
                      project and it is proposed to cancel, or                 neer. Upon review and approval, the Di-
                      to prevent the use of, grazing privileges                vision Engineer will forward the origi-
                      thereon, under authority contained in                    nal and a copy, with appropriate rec-
                      the Act of Congress approved July 9,                     ommendations, to DAEN–REA–L. Si-
                      1942, as amended (43 U.S.C. 315q), the                   multaneously with this action, the Di-
                      REPR will be utilized with appropriate                   vision Engineer will furnish the Major
                      changes. The report will disclose each                   Air Command with two copies of the
                      of the ranch units comprising grazing                    report. The Chief of Engineers will re-
                      privileges, indicating, in tabulated                     view the report and forward the origi-
                      form, the name of each operator, acre-                   nal to Headquarters, USAF, with ap-
                      age owned in fee, acreage of State-                      propriate recommendations.
                      owned land held under lease, acreage of                    (3) DOE Projects. Upon completion of
                      railroad land held under lease, acreage                  a fee and/or easement real estate de-
                      of other privately owned land held                       sign memorandum and review and ap-
                      under lease, acreage under Federal                       proval by the District Engineer and, in
                      grazing permits or licenses, total acre-                 turn, the Division Engineer, a copy of
                      age in ranch unit, total carrying capac-                 the report will be submitted to the ap-
                      ity of ranch unit, and actual number of                  propriate DOE office for review and ap-
                      stock being carried on each ranch unit;                  proval. When notice of approval is re-
                      whether project will be classified as a                  ceived, the District Engineer will
                      permanent or temporary installation;                     transmit, through the Division Engi-
                      other acquisition problems, such as                      neer, the original and two copies of the
                      mining and water rights or claims,                       REDM, with recommendations, and
                      which may be encountered; and a                          evidence of approval by the DOE field
                      project map indicating project bound-                    office, to HQDA (DAEN–REA–P) WASH
                      aries, Federal and State-owned lands,                    DC 20314. Upon review and approval,
                      and location of mining and water                         the Chief of Engineers will transmit
                      rights or claims.                                        the original and one copy of the REDM
                        (2) The cost estimate will be prepared                 to Headquarters, DOE, for approval and
                      in accordance with subpart B.                            further action.
                        (e) Distribution and Approval of Plan-
                      ning Reports—(1) Army Projects. Upon                     § 644.24 Acquisition by Transfer from
                      completion of a fee and/or easement                          other Government Departments or
                      planning report or a Lease Planning                          Agencies (except Public Domain).
                      Report, the report will be processed as                    When a requirement develops for the
                      outlined in AR 405–10. Information will                  acquisition of Government-owned real
                      be included in the transmittal letter                    property and an appropriate request is
                      concerning status of environmental as-                   received for the acquisition, the Dis-
                      sessment or impact statement.                            trict Engineer will prepare and submit,
                        (2) Air Force Projects. (i) Upon the                   through the Division Engineer, to
                      completion, review and approval of a                     HQDA (DAEN–REA–L) WASH DC 20314
                      fee and/or easement planning report,                     a Real Estate Planning Report (Figure
                      the District Engineer will forward cop-                  2–1 in ER 405–1–12) (or a brief report, if
                      ies of the planning report to the Divi-                  it is determined this would be suffi-
                      sion Engineer who will forward the                       cient) setting forth the requirements

                                                                         124



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00124   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                      § 644.25

                      for the property, the market value                        rights, water rights, and other re-
                      thereof, the ‘‘in place’’ value of exist-                 sources discussed in the report.
                      ing improvements, the estimated cost                        (b) The District Engineer will also
                      of the proposed construction, attitude                    prepare and include a draft of applica-
                      of the local representative of the de-                    tion for withdrawal covering the eight
                      partment or agency having control,                        items specified in section 3 of Pub. L.
                      and such other items as are necessary                     85–337.
                      to give full discussion of the real estate                  (c) Upon receipt of the REPR and
                      implications, for consideration and the                   draft of application for withdrawal, the
                      obtaining of a real estate directive for                  Chief of Engineers will prepare a Real
                      the acquisition by transfer.                              Estate Directive.
                      § 644.25 Withdrawal of Public Domain                        (d) The REPR, draft of application
                            for Defense Purposes.                               for withdrawal, and Real Estate Direc-
                                                                                tive will be transmitted through the
                         (a) The Act of Congress approved                       Chief of Staff and the appropriate As-
                      February 28, 1958 (Pub. L. 85–337, 72                     sistant Secretary of the Army to the
                      Stat. 27) provides that all withdrawals                   Assistant Secretary of Defense (Man-
                      and reservations of public domain land,                   power, Reserve Affairs and Logistics)
                      water, or land and water, or restric-                     for approval of the acquisition and for
                      tions on use of areas in the Continental                  coordination with the Department of
                      Shelf, aggregating an area of more
                                                                                the Interior (Bureau of Land Manage-
                      than 5,000 acres for any one defense
                                                                                ment). Upon receipt of approval from
                      project, shall be by Act of Congress.
                                                                                the ASD (MRA&L), the Chief of Engi-
                      Upon receipt of a request for with-
                                                                                neers will dispatch the application to
                      drawal or reservation of lands of the
                                                                                the Department of the Interior and will
                      public domain or for restrictions on ex-
                                                                                draft the necessary legislation for proc-
                      ploration and exploitation in the Con-
                                                                                essing through normal legislative
                      tinental Shelf, and in order that the
                                                                                channels.
                      Chief of Engineers may present the
                      project to higher authority for ap-                         (e) It has been determined that the
                      proval and submission to the Congress,                    words ‘‘in the aggregate’’ in section 2
                      if approved, the District Engineer will                   of Pub. L. 85–337 shall be interpreted as
                      prepare and submit, through the Divi-                     applying only to withdrawals of land
                      sion Engineer, to HQDA (DAEN–REA–                         since enactment of Pub. L. 85–337. For
                      L) WASH DC 20314 a Real Estate Plan-                      example, if 4,500 acres of public land
                      ning Report, including the following                      had been withdrawn prior to enactment
                      items.                                                    of Pub. L. 85–337 and the new applica-
                         (1) A copy of the request from the                     tion for withdrawal covers 1,000 acres,
                      Army or the using service.                                the requirements of Pub. L. 85–337 do
                         (2) Complete information relative to                   not have to be satisfied. If the new ap-
                      the eight items specified in section 3 of                 plication covering 1,000 acres is hon-
                      Pub. L. 85–337 (43 U.S.C. 156).                           ored and the withdrawal completed and
                         (3) If the proposed withdrawal con-                    a later requirement for 4,500 acres of
                      stitutes an expansion of an existing in-                  public lands developed, the require-
                      stallation, pertinent data relative to                    ments of Pub. L. 85–337 would have to
                      the lands constituting the existing in-                   be satisfied.
                      stallation.                                                 (f) Pub. L. 85–337 and the above in-
                         (4) Information relative to out-                       structions do not relate to the use of
                      standing mineral, grazing, water and                      public lands under permit.
                      other rights.                                               (g) In Department of Air Force cases,
                         (5) A statement as to the estimated                    the District Engineer will continue to
                      cost:                                                     prepare such REPR’s and to furnish
                         (i) Of extinguishing such rights; and                  such other services as are requested by
                         (ii) Of suspending the exercise of such                the Major Air Commands.
                      rights on a leasehold (annual rental)                       (h) When the REPR contains a pro-
                      basis.                                                    posal for the acquisition of minerals,
                         (6) Map(s) indicating the exterior                     the local office of the Bureau of Land
                      boundaries of the project; excepted                       Management, Department of the Inte-
                      areas, if any; location of mineral                        rior, will be furnished with a copy of

                                                                          125



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00125   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 644.26                                                             32 CFR Ch. V (7–1–00 Edition)

                      the Mineral Section of the planning re-                  Chief of Engineers has been delegated
                      port, which will indicate the number                     authority from the Secretary of the
                      and types of claims, areas involved,                     Army, and has redelegated to Division
                      and the gross appraisal. Accompanying                    and District Engineers authority, to
                      this Mineral Section will be a request                   approve:
                      that the Bureau of Land Management                         (1) Acquisition of permits from other
                      place an item in the next available                      Government departments and agencies,
                      budget for the funds required for the                    excepting the use of space in the Na-
                      validation of the mineral claims in-                     tional Capital Region.
                      volved. A copy of the Mineral Section,                     (2) The making of minor boundary
                      together with a copy of the request to                   changes in approved projects to avoid
                      the local office of the Bureau of Land                   severance damages, by including or ex-
                      Management, will be forwarded to                         cluding small tracts of land which will
                      HQDA (DAEN–REA–L) WASH DC 20314                          not decrease the usefulness of the
                      for coordination with the Director, Bu-                  project for the purpose for which being
                      reau of Land Management, Department                      acquired.
                      of the Interior, Washington, DC 20240.                     (b) The delegated authority referred
                                                                               to in paragraph (a) of this section was
                      § 644.26 Required clearances.                            redelegated to Division and District
                         (a) As stated in AR 405–10 and AFR                    Engineers, provided it can be accom-
                      87–1, no real estate or interests therein                plished without the allotment of addi-
                      will be acquired until there is legisla-                 tional funds: And provided, That there
                      tive authorization for the acquisition                   is an existing Real Estate Directive.
                      (41 U.S.C. 14) and an appropriation                      When there is a change in scope (area
                      available for the purpose.                               and/or funds), recommendation will be
                         (b) AR 405–10 and AFR 87–1 also out-                  made to the Chief of Engineers for
                      line the clearances which must be                        amendment of the directive.
                      made within the Departments of the                         (c) The Chief of Engineers has been
                      Army and the Air Force, with the De-                     delegated authority to approve for the
                      partment of Defense, and with the                        Secretary of the Army leasehold acqui-
                      Committees on Armed Services of the                      sitions, including renewals and exten-
                      Senate and the House of Representa-                      sions, and space assignments from the
                      tives before acquisition may proceed.                    General      Services   Administration,
                      The Chief of Engineers is responsible                    where the estimated annual rental for
                      for initiating all clearance actions as                  any single project is not in excess of
                      to Army acquisitions. The Director of                    $50,000 and the acquisition is not con-
                      Engineering and Services (AF/PRE)                        troversial, unusual, or inconsistent
                      and the Director of Planning, Program-                   with Department of the Army policies,
                      ming and Analysis (AF/RDXI), as to in-                   excepting the acquisition by lease of
                      dustrial installations, of Headquarters,                 industrial and commercial facilities;
                      USAF, are responsible for initiating all                 projects requiring a certificate of ne-
                      clearance actions as to Air Force ac-                    cessity in accordance with the Act of
                      quisitions.                                              Congress approved June 30, 1932, as
                                                                               amended (40 U.S.C. 278a); and space in
                      § 644.27 Authority to issue Real Estate                  the National Capital Region. This au-
                           Directives.                                         thority has been redelegated to the Di-
                         Where there is legislative authoriza-                 vision Engineer where the annual rent-
                      tion, an appropriation is available, and                 al does not exceed $25,000.
                      necessary clearances have been ob-                         (d) Authority to issue all Department
                      tained, the formal Real Estate Direc-                    of the Air Force Real Estate Di
                      tive (designating the land to be ac-                     rectives is vested in the Real Property
                      quired, the estate to be acquired, and                   Division, Directorate of Engineering
                      the amount of funds available for the                    and Services, HQ, USAF. Major Air
                      acquisition) will be issued by the head                  Commands and Air Force Regional
                      of the interested department or agen-                    Civil Engineers may issue Real Estate
                      cy, or his designee.                                     Directives for acquisitions not exceed-
                         (a) Authority to issue all Department                 ing $50,000 in cost.
                      of the Army Real Estate Directives is                      (1) Division Engineers will assign
                      vested in the Chief of Engineers. The                    numbers to Real Estate Directives

                                                                         126



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00126   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                      § 644.30

                      issued by Air Force Regional Civil En-                      (b) Under no circumstances will of-
                      gineers. The numbers will be in a con-                    fers be made to landowners or con-
                      secutive series for each Division and                     struction initiated prior to the
                      will be preceded by a symbol identi-                      issuance of instructions from the Chief
                      fying the Division to which the direc-                    of Engineers to proceed with the acqui-
                      tive is issued.                                           sition.
                         (2) All revisions to Real Estate Di                      (c) The Division or District Engineer
                      rectives will be designated as amend-                     will maintain liaison with the local
                      ments to the basic Real Estate Direc-                     commander and advise him when pos-
                      tive and will be appropriately num-                       session of the land is available.
                      bered.
                         (3) Division Engineers will forward                    § 644.30   Preliminary real estate work.
                      the original and one copy of each Di-
                                                                                  (a) Preliminary real estate work is
                      rective, and each amendment thereto
                                                                                defined as that action taken with re-
                      to HQDA (DAEN–REA–L) WASH DC
                                                                                gard to the individual ownerships lead-
                      20314.
                                                                                ing up to, but not including, solicita-
                         (4) Commanders of Major Air Com-
                                                                                tion of offers from landowners. It in-
                      mands will approve requests for leases,
                                                                                cludes preparation or procurement of
                      lease renewals, and space assignments
                      from the General Services Administra-                     tract ownership data (ENG Form 900—
                      tion, where the estimated cost of the                     Tract Ownership Data, where its use is
                      project does not exceed $50,000 per                       considered desirable), legal descrip-
                      annum, and subject to any necessary                       tions and mapping, title evidence, and
                      clearances, excepting, however, the                       individual tract appraisals. At this
                      leasehold acquisitions listed in AFR 87–                  stage of the acquisition program, it
                      1.                                                        will be necessary to make some con-
                         (e) Authority to issue DOE Real Es-                    tact with landowners, tenants, or other
                      tate Directives has been delegated by                     interested persons; for example, the ap-
                      the General Manager to the Directors                      praiser’s discussion of the property
                      of Operating Divisions, DOE.                              with the owner, his agent, or other rep-
                                                                                resentative (Pub. L. 91–646, sec. 301(2)).
                      § 644.28   Responsibility for acquisition.                In any such contacts, information
                        HQDA (DAEN–REA–L) is responsible                        should be confined to the fact that ac-
                      for acquiring real estate for the De-                     quisition of the real property is being
                      partments of the Army (military) and                      considered; no acquisition action can
                      Air Force. HQDA (DAEN–REA–P) is re-                       be taken until funds are made avail-
                      sponsible for acquiring real estate for                   able; and, after acquisition is approved,
                      the Department of the Army (civil                         as much advance notice as possible will
                      works), DOE, and other Federal agen-                      be given to all interested parties. Sup-
                      cies as required.                                         ply of ENG Form 900 may be requi-
                                                                                sitioned from the OCE Publications
                      § 644.29 Authority to proceed with ac-                    Depot in the prescribed manner.
                          quisition.
                                                                                  (b) Preliminary real estate work on
                        (a) Upon receipt of the formal Real                     Army projects will be conducted as
                      Estate Directive by the Chief of Engi-                    soon as design has progressed to the
                      neers, with necessary clearances made                     point at which the exact land needed
                      and an allotment of funds to the Dis-                     has been firmly determined, or as soon
                      trict Engineer, the Division Engineer                     as the District Engineer has deter-
                      will be authorized to proceed with ac-                    mined that it is practicable to proceed.
                      quisition in accordance with the direc-                     (c) Preliminary real estate work on
                      tive and the procedures outlined in
                                                                                Air Force projects will be conducted
                      subpart C and Pub. L. 91–646 instruc-
                                                                                upon request of Headquarters, USAF,
                      tions. Where authority has been dele-
                                                                                or Major Air Command installations,
                      gated, the Division or District Engi-
                      neer may proceed with the acquisition                     and at the request of any of those per-
                      upon receipt of proper directive, any                     sons designated for industrial acquisi-
                      necessary clearances, and allotment of                    tions.
                      funds.

                                                                          127



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00127   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 644.41                                                              32 CFR Ch. V (7–1–00 Edition)

                                Subpart B—Appraisal                             based on the Civil Service Standards
                                                                                for the GS–1171 Series. A contract ap-
                      § 644.41 General.                                         praiser must also meet the experience
                         (a) Purpose. (1) Subpart B describes                   requirements set forth in the Civil
                      the general procedures and standards                      Service Standards.
                      governing all appraisal work under-                         (3) It is the practice of the Chief of
                      taken in connection with the real es-                     Engineers to engage the services of
                      tate responsibilities of the Corps of En-                 competent appraisers and consultants
                      gineers.                                                  to augment staff capabilities in the ap-
                         (2) These guidelines are to promote                    praisal of various real estate interests
                      and encourage the utilization of uni-                     to be acquired, disposed of or managed
                      form appraisal methods, standards, and                    by the Corps. Preference will be given
                      techniques. Their use should result in                    to local appraisers and consultants, if
                      the most effective solutions to the                       qualified, and the costs of their serv-
                      many appraisal problems with which                        ices will be paid by the Government.
                      the Corps of Engineers is confronted in                   Any appraiser having an interest in the
                      the implementation of its real estate                     property being appraised or any rela-
                      programs involving acquisition, dis-                      tionship, family or business, to the
                      posal, and management of all kinds of                     owner thereof, will be disqualified from
                      real property. They are to encourage                      appraising that particular tract.
                      the appraiser to include in his ap-                         (4) Normally, only one appraisal per
                      praisal process sufficient factual data                   ownership or tract will be obtained.
                      and other supporting information to                       However, in cases involving controver-
                      develop sound, unbiased, and inde-                        sial appraisal problems or precedent
                      pendent market value estimates; pro-                      setting patterns of value in first pri-
                      mote appraisal reporting techniques                       ority areas of large projects, more than
                      that reflect acceptable judicial con-                     one appraisal of the same property may
                      cepts, intelligent and convincing rea-                    be obtained if considered necessary by
                      soning; and provide a sound basis for                     the Division or District Engineer. If ne-
                      negotiations and valid testimony in                       gotiations with the owners have
                      court.                                                    reached an impasse and it appears that
                         (b) Applicability. Provisions of this                  the filing of condemnation proceedings
                      subpart are applicable to the Office of                   will be necessary to acquire the land or
                      the Chief of Engineers and all field op-                  interest therein, the joint Corps of En-
                      erating agencies having real estate re-                   gineers-Department of Justice policy
                      sponsibilities.                                           provides that in fee takings, where the
                         (c) Procedures and Standards. (1) In ac-               value of the property is between $50,000
                      quiring, disposing, and managing real                     and $100,000 only one appraisal need be
                      estate, or any interest therein, it is the                provided to the Department of Justice
                      practice of the Department of the                         so long as it is a contract appraisal;
                      Army to impartially protect the inter-                    two appraisals will be provided for val-
                      ests of all concerned.                                    ues exceeding $100,000. In the filing of
                         (2) The fair market value of the perti-                condemnation proceedings for ease-
                      nent real estate interest in each parcel                  ment takings in excess of $50,000 two
                      or tract of real property being ac-                       appraisals will be required. At least
                      quired, disposed of or managed will be                    one of the two appraisals must be made
                      developed by a competent appraiser                        by a contract appraiser. More often
                      preparing an adequate appraisal report                    than not, both will be by contract ap-
                      indicating sound estimates of values of                   praisers.
                      each estate required. The appraisal                         (5) Each appraisal report will be care-
                      may be prepared by either a staff em-                     fully reviewed and acted upon by a
                      ployee or by a self-employed contract                     qualified reviewing appraiser.
                      appraiser; however, each must have                          (6) It is essential that negotiations
                      demonstrated the ability to exercise                      for any required real estate interests
                      good judgment and must have had ade-                      be conducted on the basis of an ap-
                      quate experience in estimating the                        proved appraisal that reflects current
                      market value of the particular type of                    fair market value. Any appraisal report
                      property involved. The qualifications                     with an effective date of six months or
                      and selection of staff appraisers will be                 more prior to initiation of negotiations

                                                                          128



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00128   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                     § 644.41

                      with the landowner or the date of filing                 his actual field inspection. If personal
                      of a condemnation action is considered                   contact is not possible, a registered let-
                      outdated and should be reviewed and                      ter should be sent to the owner. The
                      brought up to date to reflect current                    appraisal report should reflect when
                      market conditions.                                       and how the owner or his representa-
                        (7) The appraiser may be called upon,                  tive was contacted, whether or not he
                      in condemnation proceedings or other-                    accompanied the appraiser, and any
                      wise, to establish the validity and com-                 other pertinent comments.
                      petence of his estimates. He must fa-                      (d) Definition of Market Value. ‘‘Under
                      miliarize himself with basic rules of                    established law the criterion for just
                      trial evidence so that his testimony                     compensation is the fair market value
                      will be admissible and of probative                      of the property at the time of the tak-
                      value. Since, as a witness, he must be
                                                                               ing. ‘Fair market value’ is defined as
                      prepared to offer convincing testi-
                                                                               the amount in cash, or on terms rea-
                      mony, his report should contain an
                                                                               sonably equivalent to cash, for which
                      analysis of all factual data upon which
                      his estimates are based.                                 in all probability the property would be
                        (8) Local representatives of the De-                   sold by a knowledgeable owner willing
                      partment of Justice are available for                    but not obligated to sell to a knowl-
                      consultation in matters pertaining to                    edgeable purchaser who desired but is
                      acquisitions and legal principles in-                    not obligated to buy. In ascertaining
                      volved in valuation problems.                            that figure, consideration should be
                        (9) Appraised valuations and the sup-                  given to all matters that might be
                      porting appraisal reports, for acquisi-                  brought forward and reasonably be
                      tion or disposal purposes, are privi-                    given substantial weight in bargaining
                      leged information and the appraiser                      by persons of ordinary prudence, but no
                      should not divulge his findings and                      consideration whatever should be given
                      opinions to anyone except authorized                     to matters not affecting market value.
                      officials of the Government. Section                     The cash or on terms reasonably equiv-
                      301(3), Pub. L. 91–646, January 2, 1971,                 alent to cash, requirement is impor-
                      dictates that written statement of, and                  tant and numerous courts have noted
                      summary of the basis for, the amount                     this factor.’’ (Source: ‘‘Uniform Ap-
                      of the estimate of just compensation,                    praisal Standards For Federal Land
                      shall be furnished the property owner.                   Acquisitions,’’ Interagency Land Ac-
                      This does not mean that the appraisal                    quisition Conference, Washington, DC,
                      report or any part of it should be given                 1973.) This definition is considered to
                      to the landowner, but only a summary                     be consistent with another definition
                      of the amount and methods of ap-                         approved by the American Institute of
                      praisal.                                                 Real Estate Appraisers which sets out
                        (10) The appraiser is usually the first                market value ‘‘as the highest price es-
                      personal contact the owner has with a                    timated in terms of money which a
                      representative of the Government. The                    property will bring if exposed for sale
                      owner is generally the prime source of
                                                                               in the open market, allowing a reason-
                      information pertaining to the history,
                                                                               able time to find a purchaser who buys
                      condition, management, and operation
                                                                               with knowledge of all the uses to which
                      of the property. It has always been the
                                                                               it is adapted and for which it is capable
                      Corps’ practice for the appraiser to
                      contact and consult with the owner of                    of being used.’’
                      a property prior to and during the in-                     (e) Use of Appraisal Procedures. (1) The
                      spection of the tract. Section 301(2),                   appraisal of real estate is the esti-
                      Pub. L. 91–646, January 2, 1971, dictates                mation of the fair market value of a
                      that ‘‘* * * the owner shall be given an                 specified interest in a particular own-
                      opportunity to accompany the ap-                         ership of property, and the appraisal
                      praiser during his inspection of the                     profession has developed certain basic
                      property.’’ Before the appraiser makes                   appraisal techniques and procedures.
                      his first visit to the property, he must                 There are three approaches to value
                      make every effort to contact the owner                   which have become standardized—the
                      and invite him or his designated agent                   cost approach; the market approach;
                      or representative to accompany him on                    and the income approach.

                                                                         129



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00129   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 644.42                                                              32 CFR Ch. V (7–1–00 Edition)

                         (2) In the COST APPROACH, the ap-                      tablished basic rules governing exer-
                      praiser estimates the cost of reproduc-                   cise of the power of eminent domain.
                      tion of the buildings and land improve-                     (g) Appraisal is an ‘‘Estimate.’’ The
                      ments. A deduction is made for depre-                     market value of any real estate inter-
                      ciation due to physical deterioration,                    est is not a matter of exact determina-
                      and also for functional and economic                      tion, and the appraiser does not ‘‘estab-
                      obsolescence. The value of the land is                    lish’’ or ‘‘determine’’ the value. An ap-
                      then estimated by comparison with                         praisal is an ‘‘estimate’’ of current
                      sales of similar unimproved tracts and                    value based upon and supported by an
                      added to the depreciated value of the                     analysis of all the factors, physical,
                      improvements. This procedure is also                      economic, and social which influence
                      referred to as the Summation Ap-                          the present and future benefits to be
                      proach. This approach is always appli-
                                                                                derived from the ownership of the prop-
                      cable in the valuation of publicly
                                                                                erty appraised.
                      owned structures such as schools, fire
                      houses, etc.                                                (h) The Appraisal Format. In order to
                         (3) In the MARKET APPROACH, the                        establish a degree of uniformity
                      appraiser compares the subject prop-                      throughout the Corps as to an ap-
                      erty on an overall basis with similar                     praisal format, all staff appraisers and
                      properties which have recently sold.                      contract appraisers will follow the out-
                      Adjustments are made for all factors of                   line as set forth in the ‘‘Uniform Ap-
                      dissimilarity. All known sales are con-                   praisal Standards For Federal Land
                      sidered, but the appraiser selects only                   Acquisition’’ and § 644.42.
                      those which are verified to be good
                      ‘‘arms length transactions’’ and consid-                  § 644.42   Appraisal report.
                      ered to be most similar to the property                      (a) Preface. The appraisal report is an
                      appraised. After these sales are ana-                     important document which serves as a
                      lyzed and adjusted to the subject, this                   material aid in the acquisition of re-
                      data is then correlated into a final esti-                quired real estate interests. It is also
                      mate of value as indicated by the mar-                    an indispensable factor in justifying
                      ket.                                                      expenditures of public funds. It is es-
                         (4) In the INCOME APPROACH, the                        sential that the report indicates con-
                      appraiser estimates the probable gross                    clusively that the appraiser has consid-
                      and net income to be expected from the                    ered and analyzed all available data
                      rental of the property, adjusts for the                   and used logical reasoning and judg-
                      quality and durability of this income                     ment in developing his value conclu-
                      stream, and processes this income into                    sions.
                      a value estimate by use of an appro-
                                                                                   (b) Scope of Reports. (1) It is the
                      priate capitalization rate.
                                                                                Corps’ practice that all appraisal re-
                         (5) The appraiser then correlates the
                                                                                ports will be prepared in narrative
                      indicated value estimates from the
                                                                                form. The report will include, as a min-
                      three approaches into a final estimated
                      market value. Consideration is given to                   imum, all essential data which will dis-
                      the relative strengths and weaknesses                     close the purpose, the scope of the
                      of each approach. Normally, the most                      problem and the principal techniques
                      weight is given to the approach com-                      and approaches employed. The report
                      monly used by the typical purchasers                      should contain all the pertinent sup-
                      of the type of property appraised. In al-                 porting data required to sustain the ap-
                      most all routine appraisals the market                    praiser’s final conclusion of market
                      approach is most applicable.                              value.
                         (f) Importance of the Appraisal Func-                     (2) The use of preprinted narrative
                      tion. The measure of success or failure                   sales data sheets is authorized. Care
                      in any real estate transaction is in-                     should be exercised to properly relate
                      separably bound up in the matter of                       each sale to subject in the narrative.
                      price. The heart of the real estate busi-                 Use of individual forms is also author-
                      ness is the price estimate or appraisal.                  ized for tabular exercises, such as the
                      The importance of sound appraisals for                    ‘‘cost approach.’’ In every instance the
                      the Department of the Army cannot be                      narrative should reflect the appraiser’s
                      over-emphasized. The courts have es-                      reasoning.

                                                                          130



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00130   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                      § 644.42

                        (c) Narrative Report Format. (1) The                    mental and hazardous factors inherent in the
                      following report format is taken ver-                     location of the property.
                      batim from ‘‘Uniform Appraisal Stand-                       b. Improvements. This description may be
                                                                                by narrative or schedule form and shall in-
                      ards For Federal Land Acquisitions,’’                     clude dimensions, cubic and/or square foot
                      published by the Interagency Land Ac-                     measurements, and where appropriate, a
                      quisition Conference, 1973.                               statement of the method of measurement
                                                                                used in determining rentable areas such as
                        B–1. Contents of appraisal report: The text
                                                                                full floor, multitenancy, etc.
                      of the appraisal report shall be divided into
                                                                                  c. Equipment. This shall be described by
                      four parts as outlined below:
                                                                                narrative or schedule form and shall include
                                PART I—INTRODUCTION                             all items of equipment, including a state-
                                                                                ment of the type and purpose of the equip-
                        1. TITLE PAGE. This shall include (a) the               ment and its state of cannibalization. The
                      name and street address of the property, (b)              current physical condition and relative use
                      the name of the individual making the re-                 and obsolescence shall be stated for each
                      port, and (c) the effective date of the ap-               item or group appraised, and, whenever ap-
                      praisal.                                                  plicable, the repair or replacement require-
                        2. TABLE OF CONTENTS.                                   ments to bring the property to usable condi-
                        3. LETTER OF TRANSMITTAL.                               tion.
                        4. PHOTOGRAPHS. Pictures shall show at                    Any related personalty or equipment, such
                      least the front elevation of the major im-                as tenant trade fixtures, which are not at-
                      provements, plus any unusual features.                    tached or considered part of the realty, shall
                      There should also be views of the abutting                be separately inventoried. Where applicable,
                      properties on either side and that property               these detachable or individually owned items
                      directly opposite. When a large number of                 shall be separately valued.
                      buildings are involved, including duplicates,               d. History. State briefly the purpose for
                      one picture may be used for each type. Views              which the improvements were designed,
                      of the best comparables should be included                dates of original construction and/or addi-
                      whenever possible. Except for the overall                 tions; include, for privately owned property,
                      view, photographs may be bound as pages                   a ten-year record as to each parcel, of all
                      facing the discussion or description which                sales and, if possible, offers to buy or sell,
                      the photographs concern. All graphic mate-                and recent lease(s); if no sale in the past ten
                      rial shall include captions.                              years, include a report of the last sale.
                        5. STATEMENT OF LIMITING CONDI-                           e. Assessed value and annual tax load. If
                      TIONS AND ASSUMPTIONS.                                    the property is not taxed, the appraiser shall
                        6. REFERENCES. If preferred, may be                     estimate the assessment in case it is placed
                                                                                upon the tax roll, state the rate, and give the
                      shown with applicable approach.
                                                                                dollar amount of the tax estimate.
                                PART II—FACTUAL DATA                              f. Zoning. Describe the zoning for subject
                                                                                and comparable properties (where Govern-
                        7. PURPOSE OF THE APPRAISAL. This                       ment owned, state what the zoning probably
                      shall include the reason for the appraisal,               will be under private ownership), and if re-
                      and a definition of all values required, and              zoning is imminent, discuss further under
                      property rights appraised.                                item 11.
                        8. LEGAL DESCRIPTION. This description
                      shall be so complete as to properly identify              PART III—ANALYSES AND CONCLUSIONS
                      the property appraised. If lengthy, it should               11. ANALYSIS OF HIGHEST AND BEST
                      be referenced and included in Part IV. If fur-            USE. The report shall state the highest and
                      nished by the Government and would require                best use that can be made of the property
                      lengthy reproduction, incorporate by ref-                 (land and improvements and where applica-
                      erence only.                                              ble, machinery and equipment) for which
                        9. AREA, CITY AND NEIGHBORHOOD                          there is a current market. The valuation
                      DATA. This data (mostly social and eco-                   shall be based on this use.
                      nomic) should be kept to a minimum and                      12. LAND VALUE. The appraiser’s opinion
                      should include only such information as di-               of the value of the land shall be supported by
                      rectly affects the appraised property to-                 confirmed sales of comparable, or nearly
                      gether with the appraiser’s conclusions as to             comparable lands having like optimum uses.
                      significant trends.                                       Differences shall be weighed and explained to
                        10. PROPERTY DATA:                                      show how they indicate the value of the land
                        a. Site. Describe the soil, topography, min-            being appraised.
                      eral deposits, easements, etc. A statement                  13. VALUE ESTIMATE BY COMPARA-
                      must be made concerning the existence or                  TIVE (MARKET) APPROACH. All com-
                      nonexistence of mineral deposits having a                 parable sales used shall be confirmed by the
                      commercial value. In case of a partial tak-               buyer, seller, broker, or other person having
                      ing, discuss access both before and after to              knowledge of the price, terms and conditions
                      remaining tract. Also discuss the detri-                  of sale. Each comparable shall be weighed

                                                                          131



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00131   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 644.43                                                              32 CFR Ch. V (7–1–00 Edition)
                      and explained in relation to the subject prop-            port or by reference in the report to
                      erty to indicate the reasoning behind the ap-             the appropriate estate.
                      praiser’s final value estimate from this ap-                (ii) Legal description must be in-
                      proach.
                                                                                cluded in the appraisal report, either in
                        14. VALUE ESTIMATE BY COST AP-
                      PROACH, IF APPLICABLE. This section
                                                                                the body or as an exhibit.
                      shall be in the form of computative data, ar-               (3) Photographs of important build-
                      ranged in sequence, beginning with reproduc-              ings and unusual land conditions are
                      tion or replacement cost, and shall state the             considered an integral part of each ap-
                      source (book and page if a national service)              praisal report. Judgment should be ex-
                      of all figures used. The dollar amounts of                ercised in conserving time and expense,
                      physical deterioration and functional and                 and several small buildings can often
                      economic obsolescence, or the omission of                 be covered in one photograph. The use
                      same, shall be explained in narrative form.
                      This procedure may be omitted on improve-
                                                                                of color film and photographs is en-
                      ments, both real and personal, for which                  couraged, especially wherein develop-
                      only a salvage or scrap value is estimated.               ment cost either ‘‘in-house’’ or by out-
                        15. VALUE ESTIMATE BY INCOME AP-                        side firms is reasonable.
                      PROACH, IF APPLICABLE. This shall in-                       (d) Brief Appraisals. (1) Brief narrative
                      clude adequate factual data to support each               appraisal reports, of a one-to-four page
                      figure and factor used and shall be arranged              composition, are authorized for use in
                      in detailed form to show at least (a) esti-               many instances wherein the evaluation
                      mated gross economic rent or income; (b) al-              or per annum rental value does not ex-
                      lowance for vacancy and credit losses; (c) an
                      itemized estimate of total expenses includ-
                                                                                ceed $3,600. The use of this type of re-
                      ing reserves for replacements.                            port is encouraged and authorized for:
                        Capitalization of net income shall be at the              (i) Family housing appraisals, (ii)
                      rate prevailing for this type of property and             inleasing of privately-owned quarters
                      location. The capitalization technique,                   and outleasing of government-owned
                      method and rate used shall be explained in                quarters to civilian tenants, (iii) the
                      narrative form supported by a statement of                purchasing or leasing of undeveloped
                      sources of rates and factors.                             land, (iv) rentals of small office-type
                        16. INTERPRETATION AND CORRELA-                         space (example: Recruiting facilities),
                      TION OF ESTIMATES. The appraiser shall
                      interpret the foregoing estimates and shall
                                                                                (v) rights of way for utility lines and
                      state his reasons why one or more of the con-             roadways, (vi) leases; easements, and
                      clusions reached in items (13), (14), and (15)            (vii) other minor interests in real prop-
                      are indicative of the market value of the                 erty.
                      property.                                                   (2) Appraisals exceeding $2,000 per
                        17. CERTIFICATION. This shall include                   annum rental are subject to the Econ-
                      statement that Contractor has no undis-                   omy Act, and the fee value must be
                      closed interest in property, that he has per-             shown if improvements are included. A
                      sonally inspected the premises, date and                  brief or short form-type of appraisal is
                      amount of value estimate, etc.
                                                                                adequate.
                         PART IV—EXHIBITS AND ADDENDA                             (3) All appraisals will be supported by
                                                                                at least three comparable sales or rent-
                        18. LOCATION MAP. (Within the city or
                      area)
                                                                                als of similar properties. A narrative
                        19. COMPARATIVE MAP DATA. Show geo-
                                                                                discussion of each will be included. In
                      graphic location of the appraised property                bulk acquisition projects the use of
                      and the comparative parcels analyzed.                     prepared sales data sheets is authorized
                        20. DETAIL OF THE COMPARATIVE                           and encouraged. Each sale or rental
                      DATA.                                                     must be discussed and compared to the
                        21. PLOT PLAN.                                          subject property within the narrative
                        22. FLOOR PLANS. (When needed to ex-                    of the report.
                      plain the value estimate.)                                  (4) Brief narrative appraisals will be
                        23. OTHER PERTINENT EXHIBITS.                           reviewed under the same requirements
                        24. QUALIFICATIONS. (Of all Appraisers                  as normal appraisal reports.
                      and/or Technicians contributing to the re-
                      port.)                                                    § 644.43 Gross appraisals.
                        (2) The following exceptions are made                      (a) Preparation. (1) The gross ap-
                      to the above format:                                      praisal sections of real estate design
                        (i) Estate, either a copy of the estate                 memoranda and planning reports are
                      appraised should be included in the re-                   subject to minute scrutiny by higher

                                                                          132



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00132   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                      § 644.44

                      authority in the Department of De-                          (c) Approaches. (1) It is recommended
                      fense and by Congressional Commit-                        that whenever possible all three of the
                      tees. It is essential that they be me-                    standard appraisal approaches, Cost-
                      ticulously prepared to reflect actual                     Market-Income, be used in a fee ap-
                      market conditions and unit prices.                        praisal. However, if due to the type of
                        (2) Each gross appraisal will be sup-                   property, is is not practical, beneficial,
                      ported by detailed analyses of an ade-                    or necessary to use a particular ap-
                      quate number of typical comparable                        proach, the appraiser is required to in-
                      sales. Each index sale will be analyzed                   dicate in his report that consideration
                      to show various land classifications                      was given to its use and discuss why it
                      and values, building contribution esti-                   was not used.
                      mates and other relevant information.                       (2) In the Cost Approach it is ex-
                      The sales prices should be verified by                    tremely important that the appraiser
                      someone having knowledge of the                           document all items of costs for devel-
                      transaction.                                              opment, construction, utilities, etc. It
                        (3) Where letter-type or brief real es-                 also is extremely important that he
                      tate design memoranda on civil works                      fully consider all forms of depreciation
                      projects are submitted, comparable                        such as physical deterioration, func-
                      sales data will be presented in one of
                                                                                tional obsolescence, economic obsoles-
                      the following methods:
                                                                                cence, etc., and justify his methods and
                        (i) Be submitted within the report in
                                                                                factors used in developing his deprecia-
                      a brief manner, with at least three
                                                                                tion factors.
                      truly comparable sales discussed in
                      narrative form and comparisons shown                        (3) The Market Approach or Com-
                      to the subject lands covered by the                       parative method of appraisal is the
                      memorandum.                                               most direct approach to a market
                        (ii) Be referenced to the last real es-                 value estimate and is preferred above
                      tate design memorandum issued on the                      all others. It is basically an application
                      same project and if values have                           of the principle of substitution wherein
                      changed in the interim, additional                        the sales of similar type properties are
                      sales data submitted to support the                       analyzed to develop a price at which an
                      changes. If the last design memo-                         equally desirable and similar property
                      randum is over a year old, new sup-                       can be obtained. It involves the collec-
                      porting data must be submitted.                           tion and analyzing of current sales of
                                                                                comparable properties and comparing
                      § 644.44 Fee appraisals.                                  these sales to the subject property.
                         (a) Definitions and Procedures. (1) The                Since no two properties are identical,
                      complete and unrestricted ownership of                    the appraiser must make adjustments
                      all the rights to the full use and enjoy-                 for differences between the two. Ad-
                      ment of a parcel of real estate is called                 justments may be by a dollar amount
                      the ‘‘fee simple estate.’’ An appraisal of                (per unit, per acre, or lump sum) or on
                      this interest is referred to as ‘‘Fee                     a percentage basis. Full support and
                      Value.’’                                                  justification must be given for each
                         (2) Most fee appraisals require the                    amount. Adjustments may be shown ei-
                      use of all three of the standard ap-                      ther by a tabular analysis or by a nar-
                      praisal approaches.                                       rative discussion.
                         (b) Applicability. Appraisals of the fair                (4) The market value of an income-
                      market value of the free and clear fee                    producing property is quite often gov-
                      title to the subject property is nec-                     erned by the net income it will
                      essary in the greatest majority of the                    produce. The fair market value may be
                      Corps of Engineers’ real estate respon-                   estimated by developing the expected
                      sibilities be it acquisition (full or par-                net income and processing it into a
                      tial), disposal, inleasing, outleasing,                   value estimate by use of an appropriate
                      rentals, etc. In almost every case the                    capitalization rate. The keynote of this
                      monetary value of the required estate                     approach lies in the sound development
                      and interest is based on the fee value of                 of a proper rate. The appraiser must
                      the property; therefore, the Corps’                       have a basic knowledge of the principle
                      greatest appraisal requirement is for                     and techniques involved and must be
                      fee appraisals.                                           certain that he has adequate data to

                                                                          133



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00133   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 644.45                                                                                32 CFR Ch. V (7–1–00 Edition)

                      develop this rate and properly process                                      quate support and justification for the
                      the income into a fair market value.                                        reduction in value.
                         (5) It is most important that the                                           (4) In the case of partial takings, con-
                      valuation estimates developed by all of                                     sideration must also be given to offset-
                      the approaches used are correlated into                                     ting benefits applicable to the remain-
                      one conclusive value. In those cases                                        ing property. A combination of legal
                      where there is a substantial spread                                         interpretation of the law and judicial
                      among values, the appraiser is cau-                                         decisions with regard to such benefits
                      tioned to recheck all his data and fig-                                     must be used in determining whether
                      ures for accuracy. The cost figures and                                     offsetting benefits are applicable. Ref-
                      depreciation factors should be checked                                      erence is made to paragraph A–9 and A–
                      in the Cost Approach; the sales data                                        10 in the ‘‘Uniform Appraisal Standards
                      should be further documented and ana-                                       For Federal Land Acquisitions.’’
                      lyzed in the Market Approach; and the                                          (5) Paragraph A–13 of the ‘‘Uniform
                      Income Method may require a recheck
                                                                                                  Appraisal Standards’’ is also referenced
                      of the soundness of the capitalization
                                                                                                  in connection with guidance regarding
                      rate.
                                                                                                  ‘‘navigation servitude.’’
                         (d) Partial Takings. (1) A substantial
                      number of acquisitions require only                                            (e) Appraisal Certificate. (1) No ap-
                      portions of an ownership necessitating                                      praisal report will be considered ac-
                      a ‘‘partial taking.’’ In these cases the                                    ceptable without appropriate certifi-
                      appraiser is required to estimate the                                       cation by the appraiser responsible for
                      value of the whole ownership before the                                     the contents of the report and the con-
                      taking; the value of the remainder—the                                      clusion of values. The certification can
                      difference being the value of the part                                      be in the front or the back of the re-
                      taken. Many times the remainder is of                                       port, consistent with Division or Dis-
                      less value after the taking, indicating a                                   trict policy.
                      ‘‘severance damage.’’ The appraiser is                                         (2) An appropriate certification shall
                      usually required to allocate the total                                      be substantially in accordance with the
                      taking value between the value of the                                       following: I certify that I have care-
                      part acquired and the severance dam-                                        fully examined the property described
                      age to the remainder by reason of the                                       herein and that the estimates as devel-
                      taking.                                                                     oped in the report represent my unbi-
                         (2) In order to promote uniformity in                                    ased opinion and judgment. I further
                      the reporting format, the following ex-                                     certify that I have no interest, past,
                      ample of the ‘‘before’’ and ‘‘after’’                                       present or prospective, in the subject
                      method is presented for guidance:                                           property which would affect my opin-
                      A 220-acre parcel of land is to be acquired from                            ion and that the present fair market
                        a 420-acre farm:                                                          value of the (insert estate appraisal) is
                      Value ‘‘before’’ the taking ($300 p/ac) .................       $126,000    subject only to all the assumptions and
                      Value of remainder ‘‘after’’ taking ($200 p/ac) ....              40,000
                                                                                                  limitations as specifically set forth.
                      Total Value of part taken, including severance                              (Date and signature of appraiser.)
                        damage to remainder .......................................    $86,000
                      Value of 220 acres taken ($300 p/ac) .................            66,000
                                                                                                  § 644.45   Rental value.
                      Severance Damage to Remainder ......................             $20,000
                                                                                                    (a) Definition. (1) The fair rental
                        (3) The appraisal of the property be-                                     value of the property is the amount
                      fore the taking must be a complete                                          which, in a competitive market, a well-
                      narrative-type appraisal containing                                         informed and willing lessee would pay
                      adequate market data to support the                                         and which a well-informed and willing
                      total value. The report then must also                                      lessor would accept for the temporary
                      include a full appraisal on the remain-                                     use and enjoyment of the property.
                      der portion of the property consisting                                        (2) Appraisals to establish fair rental
                      of a full description of the residue im-                                    values will be made in accordance with
                      mediately after the taking and a com-                                       acceptable standards of appraisal appli-
                      plete set of market data and sales                                          cable to the particular type of property
                      other than those used in the ‘‘before’’                                     and in accordance with general ap-
                      evaluation. If the remainder parcel has                                     praisal practices and procedures here-
                      diminished in value as a result of the                                      tofore described in relating to all ap-
                      taking, the appraiser must have ade-                                        praisal work. The preparation of time-

                                                                                             134



VerDate 11<MAY>2000    12:42 Aug 17, 2000            Jkt 190119        PO 00000       Frm 00134   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                      § 644.45

                      consuming and lengthy appraisal re-                       rentals and a statement that the lease
                      ports should be kept to a minimum,                        value does not exceed 15% of the fair
                      particularly with regard to rental prop-                  market value.
                      erties of low value. A brief summary of                     (e) Lease of Minor Portions of Build-
                      the essential facts will be sufficient to                 ings. Where appraisals are required to
                      support leases by the Government of                       establish rental value of a minor por-
                      building space or unimproved land                         tion of a building, it will not be nec-
                      where the net rental value is not in ex-                  essary to estimate the fee value of the
                      cess of $3,600 per annum.                                 entire property, provided that the net
                         (b) Applicability. All provisions of this              annual rental does not exceed $2,000. A
                      subpart are applicable to ‘‘inleasing’’ of                sound rental value can ordinarily be es-
                      real property for use of the Govern-                      timated by comparison with estab-
                      ment, and equally applicable to                           lished rentals in subject property and
                      ‘‘outleasing’’ of Government-owned                        in adjacent similar properties in the
                      real property. Section 644.45(l) Govern-                  community. However, care should be
                      ment Quarters, is normally applicable                     exercised to insure the reasonableness
                      only to ‘‘outleasing’’ of quarters to ci-                 of the reported comparable rental val-
                      vilian employees. The provisions are,                     ues. The appraiser’s report must in-
                      however, also considered valid consid-                    clude sufficient data on these current
                      erations in appraising ‘‘inleases,’’                      rentals to support adequately the rent-
                      wherein privately-owned housing is                        al estimate for the subject space.
                      being rented for occupancy by military                      (f) Unexpired Lease. Where the prem-
                      personnel in lieu of quarters allow-                      ises to be acquired are occupied by ten-
                      ances.                                                    ants under leases which cannot be ter-
                         (c) Services. In the absence of an                     minated at will by the landlord, the ap-
                      agreement or contract, a lessor is not                    praiser’s report will set forth in detail
                      bound to furnish any utilities or build-                  the terms of the existing leases and
                      ing services of any kind, and such serv-
                                                                                will show the value of the tenant’s in-
                      ices may not be acquired under the
                                                                                terest. The value of the tenant’s inter-
                      power of eminent domain. It is, there-
                                                                                est is based on the fair rental value
                      fore, necessary for the appraiser to in-
                                                                                (economic rent) of the part of the prop-
                      clude in his report as separate items
                                                                                erty occupied by the tenant for the un-
                      the estimated cost of all customary
                                                                                expired term of the lease, or for the
                      services that may be required to per-
                                                                                term condemned, whichever is shorter,
                      mit the normal use and occupancy of
                                                                                less the rent which the tenant is obli-
                      the property.
                                                                                gated to pay (contract rent) under the
                         (d) Market Value of Fee. (1) Where
                      temporary use of an entire building or                    existing lease. The difference between
                      other independent unit of an ownership                    the economic and contract rent is
                      is proposed, the appraisal will ordi-                     known as ‘‘bonus rent.’’
                      narily report both the market value of                      (g) Bonus Value. Wherein a ‘‘bonus
                      the fee title and the fair annual rental                  rent’’ is reflected as being the dif-
                      value. However, no appraisal of fair                      ference between economic and contract
                      market value of fee title is required in                  rent, a full narrative discussion will be
                      any case where assessed value, sup-                       included in the report. It is of para-
                      ported by statement of the assessor                       mount importance that the present
                      and ENG Form 869–R (15% Valuation                         economic rental be supported by the
                      Certificate), can be used for compliance                  rental market data. The ‘‘bonus value’’
                      with existing law, Section 322 of the                     is the present worth of the discounted
                      Act of June 30, 1932 (40 U.S.C. 278a),                    bonus rent.
                      known as the ‘‘Economy Act.’’ Fee                           (h) Rental Appraisal Report. The ap-
                      value is not required for land only                       praisal report will contain adequate
                      leases, as the Economy Act is not ap-                     facts and discussions relative to the
                      plicable.                                                 following:
                         (2) An exception to the above proce-                     (1) Land description, showing street
                      dure is in regard to the appraisal of                     frontages and lot depths.
                      family housing units. As an alter-                          (2) Adequate description of improve-
                      native, the appraiser can support his                     ments and furnishings, including type
                      rental valuation by use of comparable                     of construction, total floor space, floor

                                                                          135



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00135   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 644.45                                                              32 CFR Ch. V (7–1–00 Edition)

                      load for storage space, number of rent-                     (j) Farms and Rural Properties. Ap-
                      able rooms, or income-producing space,                    praisals to estimate the rental value of
                      nonproductive or public space, total                      farms and other types of rural prop-
                      cubic content, and reproduction cost of                   erties will report the present market
                      improvements less depreciation.                           value of the fee title, the fair annual
                        (3) Assessed valuation and lawful                       rental value, and any direct damage to
                      ratio to market value, if the annual                      growing crops, standing timber, or im-
                      rental value exceeds $2,000.                              provements to be removed or de-
                        (4) Analysis and discussions of cur-                    stroyed. The damage will be reported
                      rent rentals of similar properties and                    separately from the rental value in
                      rental history of the property ap-                        order to permit the reflection of the
                      praised.                                                  damage in the primary rental term.
                        (5) Discussion of the appraisal proc-                     (k) Industrial Installations. (1) Ap-
                      ess and rental rates applicable to the                    praisal reports will be obtained to sup-
                      terms of the proposed lease, particu-                     port all leases of industrial installa-
                      larly as to any differential in the rate                  tions or portions thereof. It is impor-
                      of return applicable to customary long                    tant that appraisals of operating indus-
                      term rentals.                                             trial installations be prepared by spe-
                                                                                cially qualified appraisers or consult-
                        (6) Statement showing distribution of
                                                                                ants intimately familiar with the par-
                      appraised annual rental as allocated to
                                                                                ticular processes and production capa-
                      fixed charges and fair rate of return on
                                                                                bilities and related factors having any
                      land, buildings, and any furnishings or
                                                                                bearing on the value of a particular
                      equipment that are included in the pro-
                                                                                plant.
                      posed taking.
                                                                                  (2) The appraisers selected to esti-
                        (i) Special Purpose Properties. Apprais-                mate the rental value should be fully
                      als to estimate the rental value of ho-                   informed as to all known prospective
                      tels, clubs, hospitals, and other highly                  lessees and the amount of any bids, or
                      specialized properties will include full                  offers made for the use of the property,
                      information on the income capacity of                     and as to all terms, conditions, and
                      the property under average competent                      limitations under which the property
                      management and under accepted stand-                      will be made available for use or oper-
                      ards of operation for the particular                      ation.
                      type of property involved. The ap-                          (3) The appraisal reports will include
                      praisal reports will, among other                         a detailed inventory setting forth all
                      things, contain an analysis and discus-                   physical factors pertaining to the land,
                      sion of the following items:                              buildings, machinery, and equipment
                        (1) Financial history of property, in-                  and an adequate discussion of all local
                      cluding indebtedness, the actual past                     factors influencing the profitable use
                      income or earnings of the property                        of the facility. Data pertinent to the
                      based upon audit reports for the past                     prevailing rentals for other Govern-
                      five years or longer, and any unaudited                   ment and privately-owned industrial
                      current months of the fiscal year. In                     plants and warehouses considered rea-
                      the absence of audits, corporate state-                   sonably similar to the facilities to be
                      ments may be furnished if properly cer-                   leased will also be included. The con-
                      tified.                                                   clusions of the appraiser as to other
                        (2) Discussion of the past operation                    matters of importance to the Depart-
                      and management methods with com-                          ment of the Army in its leasing oper-
                      ments relative to any excessive or in-                    ations will likewise be presented. The
                      sufficient charges appearing in the fi-                   appraiser should bear in mind that idle
                      nancial statements obtained.                              manufacturing plants, and all indus-
                        (3) Appraiser’s estimate of the sta-                    trial properties, as a general rule, are
                      bilized income of the property.                           valuable only to the extent and degree
                        (4) Appraiser’s estimate of profits                     that they are usable in actual produc-
                      available for typical lessee-operator.                    tion. It is also a generally accepted
                        (5) Recommendations of the appraiser                    economic fact that the plant and fixed
                      as to the relative merits of acquiring                    equipment (real estate) is the produc-
                      fee title to the property as against ac-                  tion factor for which a return can ordi-
                      quiring a leasehold interest.                             narily be realized after the cost of all

                                                                          136



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00136   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                     § 644.45

                      other factors in production has been                     It is believed that this approach to the
                      provided. Military necessity has re-                     appraisal problem is fundamentally
                      quired the construction of many plants                   sound, particularly so when there is an
                      which are designed for special purposes                  indicated demand for the full capacity
                      and which may tend to defeat the ordi-                   of an industrial plant as originally de-
                      nary approaches to the market rental                     signed, and that this method will serve
                      value problem. In the absence of com-                    as a reasonable check and balance
                      parable rentals of similar properties or                 against return on ‘‘fair value.’’ It
                      other reliable comparative guides to                     should also be very helpful as a guide
                      value for temporary use, market rental                   to the rate of capitalization in the
                      value should be estimated with par-                      ‘‘fair value’’ approach to the rental
                      ticular consideration to the following                   problem.
                      methods:                                                    (iii) Taxes. The appraisal will not be
                        (i) Reasonable Return on Estimated                     influenced by the fact that the Govern-
                      Fair Value. For this purpose ‘‘fair                      ment is not presently required to pay
                      value’’ is defined as the prudent cost of                taxes on the property.
                      reproduction less depreciation of only                      (iv) Savings. When appropriate, the
                      that portion of the property that is                     estimated savings in maintenance, pro-
                      readily adaptable or capable of com-                     tection, repair and restoration, if any,
                      petition with alternative properties                     will be obtained by the Management
                      which may be available to or con-                        and Disposal Branch from the using
                      structed by the proposed lessees. Items                  service or other competent authority
                      of equipment and any portions of a                       and furnished to the appraiser pre-
                      plant that do not directly contribute to                 paring the appraisal report.
                      the specific use may be eliminated                          (l) Government Quarters. (1) Rental
                      from consideration and the rental re-                    schedules for Government quarters fur-
                      turn estimated only on items and space                   nished to civilian employees will be
                      actually adaptable for use in the pro-                   supported by written appraisal reports
                      posed enterprise. The appraiser is par-                  reflecting adequate coverage of the fol-
                      ticularly concerned with any competi-                    lowing items:
                      tive disadvantages or penalties accru-                      (i) Construction Details. Physical de-
                      ing to subject property by comparison                    scription of quarters will include the
                      with the alternatives available to pro-                  general grade of construction work,
                      spective users. The rental estimate                      materials and decorations, number of
                      should therefore be appropriately                        rooms, floor space, porches, garages,
                      modified with respect to adequate al-                    general appearance and condition.
                      lowances for amortization of necessary                      (ii) Equipment and Accessories:
                      alterations to be made by the lessee.                    Refrigeration
                      Other operating disadvantages that                       Cooking facilities
                      might tend, from the competitive view-                   Kitchen cabinets
                      point, to result in increased operating                  Closet space
                      cost or other penalties that might in                    Built-in conveniences
                      any way be brought forward in negotia-                   Screening
                                                                               Elevators
                      tions to establish an acceptable rental                  Telephone service
                      price must also be considered.                           Utilities
                        (ii) Ratio of Plant Costs to Productive                Plumbing
                      Capacity. In many lines of industrial
                                                                                 (iii) Furniture and Furnishings.
                      enterprise, it may be possible to obtain
                                                                                 (iv) Site Conditions:
                      comparable operating experience ratios
                      with reference to relation of average                    Lot size
                      annual real estate costs or plant in-                    Lot size per living unit
                      vestment charges to the gross annual                     Access (street and road frontage)
                                                                               Restrictions
                      production. The difficulties of esti-                    Land improvements (walks, driveways,
                      mating production levels and obtaining                    shrubbery, lawns, topography, etc.)
                      sufficiently accurate data as to actual                  Hazards and/or amenities
                      operating experience are fully appre-
                      ciated. Suggested sources of such infor-                  (v) Neighborhood           Development       and
                      mation are annual statements of pro-                     Data:
                      spective lessees and their competitors.                  Local zoning regulation

                                                                         137



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00137   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 644.46                                                             32 CFR Ch. V (7–1–00 Edition)
                      Public transportation                                    in accordance with Transmittal Memo-
                      Schools                                                  randum No. 2, OMB Circular A–45, re-
                      Shopping facilities                                      vised October 30, 1974.
                      Recreational facilities
                      Supply and demand for housing
                                                                               § 644.46 Easements.
                      Population statistics
                      General trends                                              (a) Definition. An easement is a prop-
                                                                               erty right of specified use and enjoy-
                        (vi) Comparable Rental Data. Data will
                      include results of a comprehensive sur-                  ment falling short of fee ownership. It
                      vey of current rental rates applicable                   follows that the value of an easement
                      to the most similar privately-owned                      is less than the market value of fee
                      housing in the nearest competitive or                    title to the same portion of property
                      comparable neighborhood or commu-                        (exclusive of severance damages to re-
                      nity. Typical rental rates will be com-                  sidual portions).
                      piled, analyzed and tabulated, and sub-                     (b) Measure of Value. The measure of
                      ject properties identified and described                 compensation for an easement is the
                      in the same manner as prescribed                         amount by which market value of the
                      above for Government quarters. The                       ownership is diminished by the imposi-
                      appraisal report should include a vicin-                 tion of the easement. This should be
                      ity map showing location of rental                       developed by use of the ‘‘before’’ and
                      units listed for comparison in relation                  ‘‘after’’ method of appraisal, the dif-
                      to the location of the quarters being                    ference being the value of the taking.
                      appraised.                                                  (c) Flowage Easements. (1) The ap-
                        (vii) Comparative Relationships. The                   praisal of flowage easements will not
                      appraisal report will include a discus-                  be undertaken until flood frequency
                      sion of relative merits of Government                    surveys have been completed and ap-
                      quarters by comparison with private                      proved by proper authority. The flood
                      housing units. Rental rates of housing                   frequency data will be made available
                      controlled by governmental agencies or                   to the appraisers with the definite un-
                      subsidized by private industry will not                  derstanding that it is to be accepted as
                      be used as a basis for comparison.                       one of the controlling factors in esti-
                        (viii) Correlation of Rental Units. A                  mating the market value of the ease-
                      discussion of basic reasoning sup-                       ments. The appraiser’s certificate
                      porting the final rental value unit for                  should be qualified to include the as-
                      each distinctive rental bracket is im-                   sumption that the frequency data is
                      perative.                                                correct and that he has no responsi-
                        (ix) Photographs. Photographs of typ-                  bility therefore.
                      ical views of the quarters appraised and                    (2) The market value of fee simple
                      typical private housing units cited as                   title to each property over which a
                      comparable rentals will be included in                   flowage easement is required will first
                      each report.                                             be appraised in the usual manner. This
                        (x) Appraisal Certificate. Rental ap-                  estimate will be followed by appraisal
                      praisal reports will not be considered                   of the market value of the property
                      acceptable without appropriate certifi-                  after imposition of the easement. The
                      cation substantially in accordance                       market value of the easement is then
                      with: ‘‘I certify that the above rental                  computed on the basis of the amount
                      values represent my unbiased opinion                     the market value of fee title is reduced
                      of the present fair market rental value                  by imposition of the easement. The ap-
                      of the quarters described. I am not now                  praiser will give full consideration to
                      a tenant residing in such quarters nor                   all factors having a bearing on the re-
                      do I have any intention of becoming a                    duction in value of the parcel on which
                      tenant therein.’’                                        the easement is to be imposed. Each
                        (2) Reappraisals of rental quarters                    appraisal report will include complete
                      are required every fifth year subse-                     information as to estimated flood fre-
                      quent to previous appraisal. Rental                      quency pertaining to each parcel ap-
                      rates will be adjusted annually between                  praised.
                      appraisals by application of the Con-                       (3) The appraiser’s major problem in
                      sumer Price Index (CPI) maintained by                    appraising tracts having considerable
                      the Bureau of Labor Statistics, Depart-                  value is the development of his value
                      ment of Labor, and as further required                   estimate after the imposition of the

                                                                         138



VerDate 11<MAY>2000   12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00138   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      Department of the Army, DoD                                                                      § 644.47

                      easement. The market data approach                        counted for in the appraisal report in
                      to value is limited in this phase of the                  such manner that negotiations may be
                      appraisal to index sales of land reflect-                 readily conducted to acquire or extin-
                      ing the ‘‘use adaptability’’ of lands to a                guish subsurface rights if they are out-
                      less profitable purpose. Typical of such                  standing in third parties or if it devel-
                      change in highest and best use are the                    ops that the vendors desire to reserve
                      conversion of row crop land and or-                       them. In those instances where min-
                      chard land to pasture and forestry.                       erals are held separately in large
                      Likewise, the cost approach to value is                   blocks underlying several individual
                      applicable only to land improvements                      surface tracts, a statement to this ef-
                      and structures to be removed or de-                       fect should be included and the plan for
                      stroyed. It is, therefore, considered es-                 appraising the mineral estate identi-
                      sential that flowage easement apprais-                    fied. Unless the person who is apprais-
                      als reflect, in adequate detail, changes                  ing the surface has had training and
                      in utility by the development and use                     experience in appraising minerals, the
                      of the earnings approach to value be-                     subsurface appraisal should be made
                      fore and after imposition in all cases                    separately by an appraiser qualified to
                      involving lands capable of producing                      perform this service. Since the removal
                      income. The ratios thus developed in                      of certain minerals may destroy the
                      ‘‘before’’ and ‘‘after’’ values for income                usefulness of the surface, care should
                      producing lands should prove to be                        be exercised to avoid duplication of
                      helpful in developing appropriate ra-                     value.
                      tios for nonproductive lands.                               (2) In the event that subsurface valu-
                         (4) In those instances where the type                  ation is unfamiliar to the Division or
                      of land, topography, flood frequency                      District requiring same, HQDA (DAEN–
                      and duration data clearly indicate that                   REE) WASH DC 20314 should be con-
                      a minimal change in value (not to ex-                     tacted for advice and recommenda-
                      ceed $100) will result from exercise of                   tions. Mineral valuation engineers
                      the required rights, a brief appraisal is                 within the Corps may be utilized on a
                      authorized. The appraisal report will                     cost reimburseable basis for furnishing
                      contain as a minimum a complete                           gross or tract appraisals.
                      statement of pertinent facts, including                     (b) Timber. (1) Where the land being
                      information regarding flood frequency                     appraised has only young trees or tim-
                      and duration data pertaining to the                       ber not of merchantable size, the value
                      property appraised. In the event con-                     thereof will be included with the value
                      demnation is required to acquire the                      of the land. If the timber is of mer-
                      necessary rights, an acceptable ‘‘be-                     chantable size, a timber cruise will be
                      fore’’ and ‘‘after’’ appraisal will be pre-               made by a professional forester and the
                      pared prior to the institution of con-                    timber classified in the appraisal ac-
                      demnation proceedings.                                    cording to species, type, range of size,
                         (5) A tract map showing each contour                   quantity, unit value, and total value. A
                      level of varying flood frequency will be                  discussion of logging, haulage, and
                      made a part of each appraisal report.                     market conditions will be given. The
                      This map should facilitate review of                      total value of timber shall be the
                      the appraisals and serve as an aid to                     amount by which the timber enhances
                      the negotiator in his contacts.                           the market value of the bare land.
                         (d) Other Easements. It is recognized                    (2) Extreme care must be exercised in
                      that many other types of easements,                       the use of separate timber estimates
                      i.e., road, pipeline, restrictive, borrow,                for appraising timber land, so as to
                      transmission line, flight, spoil, etc. are                avoid ‘‘doubling up.’’ Where a timber
                      to be appraised. In all instances, the                    cruise or estimate is used, comparable
                      measure of value is still the same, the                   sales of recently timbered land should
                      amount by which the market value of                       be used to support the remaining land
                      the ownership is diminished by the im-                    value. Where such sales are not avail-
                      position.                                                 able, care must be utilized to extract
                                                                                the timber value from sales of timber
                      § 644.47 Appraisal of other interests.                    land. The optimum situation would be
                         (a) Minerals. (1) In all cases, the value              to have sales that were also cruised;
                      of the subsurface will be included or ac-                 however, this does not often happen.

                                                                          139



VerDate 11<MAY>2000    12:42 Aug 17, 2000   Jkt 190119   PO 00000   Frm 00139   Fmt 8010   Sfmt 8010   Y:\SGML\190119T.XXX   pfrm08   PsN: 190119T
                      § 644.48                                                             32 CFR Ch. V (7–1–00 Edition)

                        (c) Growing Crops. (1) Crop appraisals                   (vi) Estimate of annual rental value
                      will not ordinarily be necessary except                  assuming unrestricted use over a rea-
                      in those cases where the Division or                     sonable period of time.
                      District has determined that posses-                       (vii) Estimate of annual rental value
                      sion of the cropland is necessary prior                  under proposed Government restric-
                      to the normal harvest period. Where                      tions.
                      the Division or District Engineer has                      (2) Time consuming and lengthy ap-
                      determined that the landowner or his                     praisal reports should be avoided in the
                      tenant cannot be permitted to harvest                    case of low value grants involving Gov-
                      the crops, they will be appraised as sep-                ernment-owned property. The consider-
                      arate property items.                                    ation in such cases may be substan-
                        (2) The crop appraisal will identify                   tiated by a simplified appraisal report
                      the crops by type, number of acres, es-                  by a qualified appraiser setting forth
                      timated yield per acre taking into ac-                   only such facts as are required to vali-
                      count all hazards, the unit value, gross                 date his conclusions as to value. In
                      market value at maturity based upon                      such instances, a physical inspection of
                      current local prices for the commod-                     the property may be waived where the
                      ities less cost of bringing to maturity,                 appraiser is sufficiently familiar with
                      harvest, and delivering to available                     the property under appraisals and local
                      markets. The expected harvest period                     market conditions to prepare a reason-
                      will be reported, together with other                    able value estimate of the estate to be
                      pertinent information, in order to indi-                 appraised. When a property is not phys-
                      cate an approximate date when the                        ically inspected, it will be so noted in
                      cropland may be available for con-                       the appraisal report. The decision con-
                      struction purposes.                                      cerning the necessity for a physical in-
                        (d) Use of Government-owned Property.                  spection of the property and analyzing
                      (1) An appraisal will be made, when re-                  local market conditions will rest with
                      quired, to justify the consideration re-                 the appraiser signing the appraisal cer-
                      served in all leases, licenses and ease-                 tificate since he is personally respon-
                      ments, except those specifically men-                    sible for the value conclusion devel-
                      tioned in paragraph (d)(3) of this sec-                  oped in the appraisal report. A low
                      tion. The appraisal will be made in ac-                  value grant for the purpose of this
                      cordance with acceptable standards ap-                   paragraph is defined as any grant for
                      plicable to the particular type of prop-                 which the fair market rental value (be-
                      erty and the use to be made thereof in                   fore applying any offset in rental for
                      the proposed grant, and in accordance                    estimated savings in maintenance, pro-
                      with the general appraisal practices                     tection, repair and restoration) does
                      and standards heretofore outlined in                     not exceed the following:
                      this chapter. Ordinarily the appraisals                  Easement—$500 for the term.
                      of property involving substantial im-                    Lease or License—$500 per annum if granted
                      provements will include, in addition to                   for not more than a five-year period and is
                      complete coverage of all factors influ-                   granted after advertising.
                      encing the use of the property ap-