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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
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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
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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
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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
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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
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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
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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
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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
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x
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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
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Subtitle A—Department of
Defense (Continued)
3
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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
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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
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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
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§ 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
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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.
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§ 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
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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
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§ 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
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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.
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§ 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
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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.
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§ 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.
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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.
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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
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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.
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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:
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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.
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§ 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.
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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
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§ 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
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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
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§ 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.
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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,
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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.
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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.
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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
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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.
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§ 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
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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
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§ 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.
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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.
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§ 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,
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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.
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§ 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
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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
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§ 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
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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
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§ 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
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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.
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§ 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.
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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
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§ 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.
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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.
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§ 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.
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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.
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§ 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.
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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
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§ 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,
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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:
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§ 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.
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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
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§ 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
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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.
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§ 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.
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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
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§ 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
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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.
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§ 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
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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.
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§ 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
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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
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§ 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
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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
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§ 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
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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.
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§ 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
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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.
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§ 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
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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
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§ 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.
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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-
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§ 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.
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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
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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
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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.
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§ 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
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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
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§ 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.
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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
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§ 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.
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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.
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§ 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
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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
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§ 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
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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.
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§ 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
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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
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§ 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
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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.
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§ 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.
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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.
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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.
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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.
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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.
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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
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§ 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
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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.
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§ 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
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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
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§ 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
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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.
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§ 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
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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
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§ 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.
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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
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§ 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
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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
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§ 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
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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
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§ 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.
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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
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§ 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
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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
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§ 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
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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.
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§ 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
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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.
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§ 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.
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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
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§ 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
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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
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§ 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-
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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
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§ 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
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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
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§ 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-