Title 32--NATIONAL DEFENSE
Chapter V--DEPARTMENT OF THE ARMY (CONTINUED)


part provides policies and procedures for-- (a) Reporting absentees and deserters. (b) Reporting special category absentees. (c) Reporting political defectors. ...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR630.2] [Page 7] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 630--ABSENTEE DESERTER APPREHENSION PROGRAM AND SURRENDER OF MILITARY PERSONNEL TO CIVILIAN LAW ENFORCEMENT AGENCIES--Table of Contents Subpart A--Purpose Sec. 630.2 References. Required and related publications and referenced forms are listed in appendix A to this part. ...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR630.3] [Page 7] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 630--ABSENTEE DESERTER APPREHENSION PROGRAM AND SURRENDER OF MILITARY PERSONNEL TO CIVILIAN LAW ENFORCEMENT AGENCIES--Table of Contents Subpart A--Purpose Sec. 630.3 Explanation of abbreviations and terms. Abbreviations and special terms used in this regulation are explained in the glossary. ...


(a) The Deputy Chief of Staff for Operations and Plans (DCSOPS) is responsible for establishing law enforcement policy and procedures for the military absentee and...


(a) The unit commander notifies the local provost marshal within 24 hours after a soldier has been reported absent without leave (AWOL). Special category absentees are...


If an AWOL soldier surrenders to the parent unit the following procedures apply: (a) The unit commander immediately notifies the Provost Marshal that...


other installations. (a) If an AWOL soldier surrenders to or is apprehended by a provost marshal other than the parent installation, the apprehending...


(a) The unit commander administratively classifies an absentee as a deserter and completes DD Form 553 when one or more of the following applies: (1) The facts...


(a) On receipt of reports of desertion or defectors, the Provost Marshall completes a blotter entry per AR 190-45, paragraph 4-6b. This is an initial blotter entry if...


Commanders of absent soldiers assigned to special mission units and soldiers who have had access to top secret information during the 12 months preceding the...


(a) An escaped prisoner whose discharge has not been executed is administratively classified as a deserter. The installation Provost Marshal-- (1) Requests assistance...


(a) The Chief, USADIP-- (1) Verifies information on the DD Form 553 with permanent personal records at the USAEREC. (2) Enters the soldier's name into the NCIC. ...


efforts. The return of absentees to military control is a command responsibility. Military police will generally not be committed to proactive efforts...


(a) Commanders and provost marshals must ensure that the most economical and efficient means are used to return surrendered or captured absentees to their parent unit...


status. (a) When a person claims to be a deserter from the U.S. Army, the first receiving military authority must advise the person of his or her right per...


on parent installation. (a) The parent installation provost marshal-- (1) Verifies the deserter's military status IAW Sec. 630.13 of this part. ...


another installation. (a) The provost marshal follows the procedures in Sec. 630.17 and obtains the USACRC control number from Chief, USADIP for use...


an Army installation. Commanders located off an Army installation-- (a) Notify the major Army command or coordinating installation provost marshal,...


in foreign countries. (a) Army deserters and defectors in foreign countries are apprehended only in accordance with applicable Status of Forces or other...


(a) When an escaped military prisoner is returned to military control, the provost marshal-- (1) Notifies the commander of the confinement or...


(a) Requests for status of alleged deserters from other Armed Services may be made through an inquiry in the NCIC. When the response from the NCIC...


(a) If commercial transportation is necessary: (1) The responsible transportation office arranges for movement per AR 55-355. (2) Cost and speed...


(a) Military detainer (see sample detainer at Figure 630.1 of this part) must be placed when a soldier is being held by civilian authorities and release...


return to military control. (a) The military authority first receiving or apprehending the absentee or deserter, or receiving word of their detention by...


facilities. (a) When necessary, civilian detention facilities may be used to temporarily detain absentees, deserters or escaped military prisoners....


civilian detention facilities. (a) Civilian authorities may be reimbursed according to contracts for temporary detention after military authorities have assumed custody....


(a) Receipt of an authorized communication, oral or written (for example DD Form 553 and entry into the NCIC) from a military or Federal law enforcement official...


(a) Reimbursement payments to official agencies is authorized when-- (1) A reward has been offered. (2) Reimbursement is requested in place of...


(a) Payment of reward or reimbursement for expenses is documented by processing Standard Form 1034 (Public Voucher for Purchase and Services Other Than Personal)....


Officials Sec. 630.30 Overview. (a) This chapter establishes provost marshal procedures and responsibilities for the surrender of soldiers to...


Officials Sec. 630.31 CONUS. (a) Generally, provost marshal activity is limited to ensuring that a military detainer is prepared and signed...


Officials Sec. 630.32 Responsibilities. (a) In foreign countries, the authority of U.S. military personnel to apprehend, detain and deliver...


policies and procedures for the establishment, operation, and coordination of the following: (a) Armed Forces Disciplinary Control Boards (AFDCB). ...


the following: (a) Active US Armed Forces personnel wherever they are stationed. Commanders in oversea areas are authorized to deviate from the policy in this regulation...


develop and have staff supervision over AFDCB policies and the conduct of off-installation military enforcement activities: (1) The Deputy Chief of Staff for...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR631.4] [Page 20] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 631--ARMED FORCES DISCIPLINARY CONTROL BOARDS AND OFF-INSTALLATION MILITARY ENFORCEMENT SERVICES--Table of Contents Subpart A--General Sec. 631.4 Exceptions. Requests for exceptions to policies contained in this regulation will be forwarded to HQDA(DAPE-HRE-PO), WASH, DC 20310. ...


(a) Armed Forces Disciplinary Control Boards (AFDCBs) may be established by installation, base, or station commanders. The mission of AFDCBs is as follows: [[Page 21]] ...


(a) Major Army commanders, Navy commanders, Marine Corps commanders, Air Force commanders, and Coast Guard commanders will-- (1) Monitor the establishment of and participation...


(a) Each board shall, as a minimum, consist of representatives from the following functional areas: (1) Law enforcement. (2) Legal. (3) Health...


Civil agencies or individuals may be invited to board meetings as observers or witnesses in jurisdictions where they have knowledge of problems in the board's area of interest....


The AFDCBs will-- (a) Meet in session as prescribed by the AFDCB Procedures Guide in appendix B. (b) Receive and take appropriate action on reports...


(a) Commanders are authorized to acquire, report, process, and store information concerning persons and organizations, whether or not affiliated with the Department of Defense (DOD)...


areas. (a) An off-limits area is defined as any vehicle, conveyance, place, structure, building, or area prohibited to military personnel to use, ride, visit, or...


The primary objectives of off-installation enforcement are to-- (a) Render assistance and information to Armed Forces personnel. (b) Reduce the incidence of...


This chapter applies to off-installation enforcement activities. It does not apply to the activities of AFDCBs which were discussed in subpart B. It is not applicable to the...


(a) Commanders of military installations will recognize the responsibility of civil authorities for the maintenance of peace and order in those areas not under military...


(a) Within CONUS. (1) Normally, off-post patrols will not be established in CONUS. However, MACOM commanders may authorize military police to establish...


(a) Off-base law enforcement activities by naval personnel (CONUS and Hawaii) shall be limited to liaison functions with civilian law enforcement agencies and courts and to...


(a) Within CONUS. (1) Normally, off-installation patrols will not be established in CONUS. However, installation commanders may request authority from HQMC...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR631.18] [Page 26] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 631--ARMED FORCES DISCIPLINARY CONTROL BOARDS AND OFF-INSTALLATION MILITARY ENFORCEMENT SERVICES--Table of Contents Subpart C--Off-Installation Military Enforcement Services Sec. 631.18 Policy (for Air Force only). See section B, AFR 125-19, for Air Force policy on off-installation patrols. ...


(a) In CONUS, incidents occurring off-installation normally are investigated by civil law enforcement agencies. These include State, county, or municipal authorities or a...


Sec. 631.20 Organization. In localities frequented by personnel of more than one Service, installation commanders may consider the establishment of joint...


Sec. 631.21 Joint law enforcement operations. The following procedures will apply when establishing joint law enforcement operations: (a)...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR632.1] [Page 31] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 632--USE OF FORCE BY PERSONNEL ENGAGED IN LAW ENFORCEMENT AND SECURITY DUTIES--Table of Contents Sec. 632.1 Purpose. This regulation implements DOD Directive 5210.65. It sets uniform policy for use of force by DA law enforcement and security personnel. [[Page 32]] ...


personnel engaged in law enforcement or security duties, and those civilian contract guard personnel performing security duties. These duties include guarding U.S....


it. They will use the minimum force needed; only as a last resort will they use deadly force. (See Secs. 632.3(c), 632.4, and 632.5.) (b) Commanders are encouraged...


a lethal weapon). Use it only in extreme need, when all lesser means have failed or cannot reasonably be used. Use deadly force for one or more of the following...


632.4 of this part, observe the following precautions when possible: (1) Give an order to halt before firing. (2) Do not fire if shots are likely to harm...


US military prisoners' guard duties will, before performing these duties-- (1) Receive instructions on regulations regarding use of force. (2) Show knowledge...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR633.11] [Page 33] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 633--INDIVIDUAL REQUESTS FOR ACCESS OR AMENDMENT OF CID REPORTS OF INVESTIGATION--Table of Contents Sec. 633.11 Access to CID reports. All requests for access to CID reports made under the Privacy or Freedom of Information Acts will be processed in accordance with AR 340- 21 and AR 340-17, respectively. ...


the Privacy Act and AR 340-21. Requests for amendment will be considered only under the provisions of this regulation. Requests to amend USACIDC reports will be granted...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR633.13] [Page 34] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 633--INDIVIDUAL REQUESTS FOR ACCESS OR AMENDMENT OF CID REPORTS OF INVESTIGATION--Table of Contents Sec. 633.13 Submission of requests. Requests for access to or amendment of USACIDC investigative reports will be forwarded to Commander, USACIDC, ATTN: CIJA-RI, 5611 Columbia Pike, Falls Church, VA 22041. ...


vehicle traffic supervision on military installations in the continental United States (CONUS) and overseas areas. This includes but is not limited to the following: ...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR634.2] [Page 35] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 634--MOTOR VEHICLE TRAFFIC SUPERVISION--Table of Contents Subpart A--Introduction Sec. 634.2 References. Required and related publications and prescribed and referenced forms are listed in appendix A. ...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR634.3] [Page 35] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 634--MOTOR VEHICLE TRAFFIC SUPERVISION--Table of Contents Subpart A--Introduction Sec. 634.3 Explanation of abbreviations and terms. Abbreviations and special terms used in this regulation are explained in appendix D. ...


Department of the Army (HQDA); Commander, Naval Security and Investigative Command U.S. Navy (USN); Chief of Air Force Office of Security Police, Headquarters,...


(a) Safe and efficient movement of personnel and vehicles. (b) Reduction of traffic deaths, injuries, and property damage from traffic accidents. (Because most traffic...


military installation is a privilege granted by the installation commander. Persons who accept the privilege must-- (1) Comply with laws and regulations governing motor...


law enforcement personnel on military installations based on the installation commander's policy. (1) In overseas areas, military vehicles may be stopped on or...


shall be deemed to have given their consent to evidential tests for alcohol or other drug content of their blood, breath, and/or urine if lawfully stopped,...


on an installation shall be deemed to have given his or her consent for the removal and temporary impoundment of the POV when it is parked illegally for unreasonable...


assigned primarily to law enforcement duties) may, for cause, administratively suspend or revoke driving privileges on the installation. The suspension or revocation...


promulgate separate regulations establishing administrative due process procedures for suspension or revocation of driving privileges. The procedures in paragraphs (b) and...


action against intoxicated drivers. These actions will include the following: (a) A written general officer reprimand, administrative in nature, will be issued...


Force activities with AFR 30-2, and Marine Corps activities with MCO 5100.19C. (b) Installation commanders may establish a remedial driver training program to...


drug or alcohol abuse for evaluation in the following circumstances: (1) Behavior is indicative of alcohol or drug abuse. (2) Continued inability to drive a...


drunk driving or driving while intoxicated indicates a finding of not guilty, that the charges have been dismissed or reduced to an offense not amounting to intoxicated driving,...


and DLA, the installation commander may modify a suspension or revocation of driving privileges in certain cases per paragraph (d) of this section. (b) Army requests...


revocation imposed under this regulation will result in the original period of suspension or revocation being increased by 2 years. In addition, administrative action may also...


matters of POV administration and driver licensing. The following procedures will apply: (a) Statutory authority may exist within some host nations or States...


in this regulation and in policies of each Service and DLA. Unless otherwise specified by this regulation or other competent authority, a person who lives or works on...


the United States or its territories and in overseas areas will include the requirements specified below (Registration in overseas commands may be modified in...


on Army, Navy, Air Force, Marine Corps, and DLA installations or facilities. The form is produced in single copy for placement on the front of the vehicle only. ...


will terminate POV registration or deny initial registration under the following conditions (decal and tabs will be removed from the vehicle when registration...


must consent to the impoundment policy. POV registration forms will contain or have appended to them a certificate with the following statement: I am aware...


(a) Safe and efficient movement of traffic on an installation requires traffic supervision. A traffic supervision program includes traffic circulation planning, supervision,...


traffic code for operation of motor vehicles on the installation. Commanders in overseas areas will establish a traffic code, under provisions of this regulation, to the...


to operate vehicles safely within traffic laws and regulations and maintain an effective and efficient flow of traffic. Effective enforcement should emphasize...


enforcement programs. Signs may be posted to indicate speed-measuring devices are being used. (a) Equipment purchases. Installations located in States having a...


of accidents described below: (a) Accidents involving Government vehicles or Government property on the installation involving a fatality, personal injury,...


driver or owner of any vehicle involved in an accident, as described in Sec. 634.28, on the installation, must immediately notify the installation law enforcement office....


reports and from vehicle owner accident reports will be analyzed to determine probable causes of accidents. When frequent accidents occur at a location, the...


be stressed on a nonreserved (first-come, first-served) basis. (b) Reserved parking facilities should be designated as parking by permit or numerically by category...


the UNITED STATES or its territories) should be referred to the proper U.S. Magistrate. (Army, see AR 190-29; DLA, [[Page 53]] see DLAR 5720.4; and...


will be trained to do the following: [[Page 54]] (1) Recognize signs of alcohol and other drug impairment in persons operating motor vehicles. ...


other enforcement measures will be applied uniformly to offenders driving under the influence of alcohol or drugs. When a person is tested per Sec. 634.8, the results...


chemical testing are valid under this regulation only under the following circumstances: (1) Blood, urine, or other bodily substances are tested using generally...


detect drivers under the influence of alcohol or other drugs by observing unusual or abnormal driving behavior. Drivers showing such behavior will be...


policy is explained in Sec. 634.8. (b) Tests may be administered only if the following conditions are met: (1) The person was lawfully stopped while driving,...


herein pertain only to the investigation of individuals stopped, apprehended, or cited on a military installation for any offense related to driving a motor vehicle...


634.8 may request that an additional test be done privately. The person may choose a doctor, qualified technician, chemist, registered nurse, or other qualified person to...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR634.40] [Page 57] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 634--MOTOR VEHICLE TRAFFIC SUPERVISION--Table of Contents Subpart D--Traffic Supervision Sec. 634.40 Preparation of sworn statement. For an example of a property prepared sworn statement on an intoxicated driver, see Army Form 2823. Section IV--Off-Installation Traffic Activities ...


Law enforcement authorities will establish a system to exchange information with civil authorities. Off-installation traffic activities in overseas areas are governed by...


DOD civilian employees to comply with State and local traffic laws when operating military motor vehicles. (b) Commanders will coordinate with the proper civil...


program is an organized effort to coordinate military and civil traffic safety activities throughout a State or area. Installation commanders will cooperate with State...


vehicle traffic accidents, moving violations, suspension or revocation actions, and traffic point assessments involving military and DOD civilian personnel, their...


device to impartially judge driving performance of Service and DLA personnel. This system is not a disciplinary measure or a substitute for punitive action....


the point system and procedures prescribed herein without change. (b) The point system in table 634.46 applies to all operators of U.S. Government motor vehicles, on or...


DD From 1408 or DD From 1805 will serve as a basis for determining point assessment. For DD Form 1408, return endorsements will be required from commanders...


notice to the installation law enforcement officer when a person assigned to or employed on the installation is being transferred to another installation, being released...


when towing, inventorying, searching, impounding, and disposing of POVs. This policy is based on: (a) The interests of the Services and DLA in crime...


interfere with ongoing operations or movement of traffic, threaten public safety or convenience, are involved in criminal activity, contain evidence of criminal...


and DLA or a contracted wrecker service depending on availability of towing services and the local commander's preference. (b) The installation commander will...


Notice) will be conspicuously placed on POVs considered unattended. This action will be documented by an entry in the installation law enforcement desk journal. ...


conjunction with impoundment based on criminal activity will likely occur in one of the following general situations: (a) The owner or operator is not present. This situation...


conjunction with impoundment based on criminal activity will likely occur in one of the following general situations: (a) The owner or operator is not present. This situation...
...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR636.0] [Page 72] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 636--MOTOR VEHICLE TRAFFIC SUPERVISION (SPECIFIC INSTALLATIONS)--Table of Contents Sec. 636.0 Scope of this part. This part contains regulations which are in addition to the motor vehicle supervision regulations contained in 32 CFR part 634. Each subpart in this part contains additional regulations specific to the named installation. ...


in Sec. 634.4 of this subchapter, Unit Commanders will: (a) Monitor and control parking of military and privately owned vehicles within the unit's area, to include...


of this subchapter: (a) The entry of motor vehicles on the Fort Stewart/Hunter Army Airfield reservation is permitted by the Commanding General under the...


the requirements of Sec. 634.10 of this subchapter: (a) Administrative suspension or revocation of installation driving privileges applies to the operation of a motor vehicle on...


In addition to the requirements of Sec. 634.11(a) of this subchapter: (a) The Provost Marshal or his designee will provide the written notice of pending action and offer of...


installation, in violation of State law referenced in Sec. 634.12(a)(3) of this subchapter, means a blood alcohol content of 0.10 percent or higher as set forth in Official Code...


driving training program referenced in Sec. 634.12(b) of this subchapter is operated by the Installation Safety Office. Driving privileges may be withheld beyond expiration...


in Sec. 634.17(a) of this subchapter, for each subsequent violation of the suspension period, an additional five years will be added to the suspension period for...


of this subchapter, motor vehicles which are owned and/or operated by a person who resides, performs duty, is employed on, or ``frequently uses'' the facilities of...


634.20 of this subchapter: (a) The Military Police will cite violators on DD Form 1408 (Warning Citation) for observed safety defects. On a periodic basis, Military...


employed at Hunter Army Airfield are required to register their privately owned vehicles within five days after arrival to the installation. Requirements for registration...


Sec. 634.25(d) of this subchapter, on-post violations offenders will be cited under the appropriate Georgia Traffic Code as assimilated by 18 U.S.C. 13 (for civilians) and...


Sec. 634.28 of this subchapter, Military Police at Fort Stewart/Hunter Army Airfield installation will investigate reportable motor vehicle accidents involving...


in Sec. 634.29 of this subchapter: (a) Military Police at Fort Stewart/Hunter Army Airfield installations will record traffic accident investigations on DA Form...


this subchapter: (a) Military Police will enforce parking in handicapped and Commanding General reserved parking spaces at Fort Stewart/Hunter Army Airfield soldier...


Sec. 634.32 of this subchapter: (a) The Provost Marshal in coordination with the Staff Judge Advocate will determine what traffic offenses will be referred to the...


In addition to the requirements in Sec. 634.36 of this subchapter, the standard field sobriety test used by the Military Police may include the following tests: (a)...


Sec. 634.42 of this subchapter, the Provost Marshal will conduct necessary coordination with civil enforcement agencies to ensure receipt of information and assistance...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR636.18] [Page 76] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 636--MOTOR VEHICLE TRAFFIC SUPERVISION (SPECIFIC INSTALLATIONS)--Table of Contents Subpart A--Fort Stewart, Georgia Sec. 636.18 Driving records. In addition to the requirements in Sec. 634.44 of this subchapter, the Provost Marshal Office will maintain driver records. ...


Parking in...


Sec. 634.47 of this subchapter: (a) Reports of parking violations recorded on DD Form 1408 or DD Form 1805 will serve as a basis for determining point assessment. (b)...


obey the instructions of official signs, unless directed to do otherwise by the Military Police. (b) Official traffic control devices, such as traffic cones...


otherwise specified by this part. (b) Drivers will operate their vehicles at a reasonable and prudent speed based on traffic and road conditions, regardless of posted...


the cantonment area. (b) Right-turns will be made from a position as close to the right edge or right curb of the roadway as possible. (c) Left-turns will be made from...


will use the right side of roadways, except: (1) When passing a vehicle proceeding in the same direction. (2) When an obstruction is blocking all or part of the right lane...


different highways at the same time, the driver of the vehicle on the left will yield right-of-way. When entering an intersection without traffic control devices from a...


traffic control devices and regulations, unless directed to do otherwise by the Military Police. (b) When traffic-control signals are not in place or not in operation,...


their children to violate any of the provisions of this section. (b) Traffic laws and regulations in this part apply to persons riding bicycles. Bicycle riders are granted...


regulations in this part apply to persons riding motorcycles/mopeds. Motorcyle/moped operators are granted all the rights and are subject to all duties of motor vehicle...


of ``go-carts,'' ``minibikes,'' and ATV's 16 years of age or older, must comply with applicable Georgia State Law and Fort Stewart traffic laws and regulations contained in...


or leave standing their vehicle, whether attended or unattended, upon the roadway when it is possible to stop, park or leave their vehicle off the roadway. In any case,...


or has knowledge of a motor vehicle which has been left unattended or abandoned on a street, road, highway, parking lot, or any other real property of the installation for...


have the engine stopped and the ignition locked. (b) Vehicles will not be operated when so loaded with passengers and/or goods that the driver's view is blocked...


criteria listed in this paragraph (a) are general in nature; specific evaluation techniques for these criteria are contained in Georgia Traffic Law. ...


worn by all operators and passengers of U.S. Government vehicles on or off the installations. (b) Restraint systems will be worn by all civilian personnel (family...


prohibited while driving a U.S. Government vehicle, POV, motorcycle, or other self-propelled two- wheel, three-wheel, or four-wheel vehicle powered by a motorcycle...


operator or passenger in or on U.S. Government or privately owned vehicles is prohibited. (b) Consuming alcoholic beverages on any roadway, parking lot, or where...


be used by Military Police as an additional technique to assist in the enforcement of parking violations when other reasonably effective but less restrictive means...


the standards and procedures for towing, inventorying, searching, impounding, and disposing of private owned vehicles. (a) Implied consent to vehicle impoundment....


real estate, under the control of the Department of the Army, available for use by other military departments, Federal agencies, State and local governmental...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR643.2] [Page 88] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 643--REAL ESTATE--Table of Contents Subpart A--General Sec. 643.2 Applicability. This regulation is applicable to Army military real estate, which includes land and improvements thereon and is also referred to as real property. ...


Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States. (b) One of...


Puerto Rico, American Virgin Islands and the Panama Canal Zone, is available for non-Army use, the COE, except as otherwise provided in this regulation, is charged...


availability will be approved by the COE or higher authority. MACOMS and special staff agencies are responsible for determining the real estate which can be...


of real estate in overseas areas (Puerto Rico, Guam, the American Virgin Islands, American Samoa, TTPI, and the Canal Zone), and in foreign countries, for non-Army use under...


head of the special staff agency, when it is determined that for the time being the real estate is not required for Army use and can be made available, either concurrently with...


will be submitted by the installation commander to the major commander for approval, through the echelon of command. The major commander will approve such recommendation and...


or a Federal agency of an installation or portion thereof located in designated overseas areas and in foreign countries when the real estate is not for the time needed...


respect to real estate in the United States, Puerto Rico, American Virgin Islands, Guam, American Samoa, and the TTPI, require prior approval of the Assistant Secretary...


the office wherein the instrument will be signed, except where contrary instructions have previously been issued by the DA. When authorized, rights of entry will be granted...


this regulation. Except where authority has been otherwise granted, the COE or designee will approve, execute, and distribute instruments to the extent authorized by the...


used under a grant of non-Army use, the [[Page 91]] withdrawal of availability will be approved at the same level of command as that required for determining...


available for non-Army use and will advise the DE if and when there are any irregularities. Real estate which is being used for non-military purposes will be inspected at...


by private parties without proper authority, corrective action will be taken to cause such unauthorized use to be discontinued or to formalize such use and occupancy by...


their jurisdiction to determine whether any of it is excess to requirements, or may be made available for other Army use, or may be made available for use for other than...


make available to others any real estate which is contaminated with explosives or with toxic materials or other innately or potentially harmful elements until such elements have...


purposes will be made available for use by other military departments or DOD activities and agencies, other Federal departments, activities or agencies, State or local...


reasonable efforts have been made to obtain competition for its use, through advertising. Advertising is any method of public announcement intended to aid directly or...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR643.25] [Page 93] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 643--REAL ESTATE--Table of Contents Subpart B--Policy Sec. 643.25 Policy--Grants which may embarrass the Department of the Army. The use of property under DA control will not be authorized for any purpose when the proposed use or the revocation thereof might prove embarrassing to the DA. ...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR643.26] [Page 93] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 643--REAL ESTATE--Table of Contents Subpart B--Policy Sec. 643.26 Policy--Commercial advertising on reservations. DA will not authorize the posting of notices or erection of billboards or signs for commercial purposes on property under its control. ...


when such use is not in harmony with the goals and intent of the following legislation and/or similar legislation which establishes a firm Federal policy and provides...


part that the Federal Government shall provide leadership in preserving, restoring and maintaining the historic and cultural environment of the Nation; that Federal...


excavation of archeological sites, and the gathering of objects of antiquity upon Army lands by institutions which are deemed properly qualified to conduct such...


Historical Preservation Act of 1974 (16 U.S.C. 469 et seq.) provides for the preservation of historical and archeological data on all Federal or Federally-assisted...


any, relative to the property involved in the proposed outgrant action, pursuant to the provisions of Executive Order 11296, August 10, 1966. DA will not authorize the use...


Congress to conserve threatened and endangered species of fish, wildlife and plants, and the ecosystems on which those species depend. The Act provides that Federal agencies...


agencies conducting or supporting activities directly affecting the coastal zone of a state, to conduct or support those activities in a manner which is, to the maximum...


authorized to permit the extension of public utilities upon installations, as part of the contract for furnishing to the Government electricity, water, and gas, where...


Coal Leasing Amendments Act of 1975, hereinafter referred to as the act, amended the Mineral Leasing Act for Acquired Lands (30 U.S.C. 352) and permits the Secretary of...


property is authorized to lessen the economic impact on the local community, caused by an installation inactivation, closure or realignment. These outleases may be granted...


Administrator of the GSA to make such contracts and provisions as he deems necessary to protect the interests of the Government in searches for and sales of treasure trove....


(b) Payments for utilities or services furnished will be deposited to the Treasurer of the United States to the credit of the appropriation from which the costs of furnishing...


the erection and maintenance by the American National Red Cross on military reservations, of buildings suitable for the storage of supplies for the aid of the...


the erection and maintenance by the YMCA on military reservations, of such buildings as their work for the promotion of the social, physical, intellectual, and...


revocable licenses to the States and territories for the use and occupancy of installations or portions thereof by the National Guard. A license may not be granted for the erection...


authorities or under the administrative power in cases outside the purview of those authorities, the SA may consent to the granting of an easement by the owner of the...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR643.51] [Page 96] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 643--REAL ESTATE--Table of Contents Subpart C--Leases Sec. 643.51 Additional items concerning leasing. In addition to the general and policy matters covered in Chapters I and II of Title 32, the following also apply with respect to the leasing of Army real estate. ...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR643.52] [Page 96] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 643--REAL ESTATE--Table of Contents Subpart C--Leases Sec. 643.52 Term. Each lease will be for a period not exceeding five years unless the SA determines that a longer period will promote the national defense or will be in the public interest. ...


a lease of real estate will be the appraised fair market rental value. However, the value of the maintenance, protection, repair, or restoration by the lessee of the...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR643.54] [Page 97] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 643--REAL ESTATE--Table of Contents Subpart C--Leases Sec. 643.54 Receipts. Receipts will be deposited into the Treasury as miscellaneous receipts. ...


any time, unless it is determined that the omission of such provision from the lease will promote the national defense or will be in the public interest. In any event, the...


provided in 10 U.S.C. 2667(e). Each lease will contain a provision that if and to the extent that the property owned by the Government and included in the lease, as opposed...


another Federal agency. Except as specifically provided in the lease, a sublease or assignment of the lease will not be authorized without prior approval of HQDA...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR643.71] [Page 97] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 643--REAL ESTATE--Table of Contents Subpart D--Licenses Sec. 643.71 Additional items concerning licenses. In addition to the general and policy matters covered in subparts A and B, the following also apply with respect to the granting of licenses. ...


estate therein. The principal effect of a license is to authorize an act which in the absence of the licensee would constitute a...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR643.73] [Page 98] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 643--REAL ESTATE--Table of Contents Subpart D--Licenses Sec. 643.73 Term. The term of a license will be limited to a period reasonably necessary to accomplish the purpose for which the license is being granted, but in no event will the term exceed five years, without the approval of COE. ...


will apply in regard to consideration as is applicable to the granting of an easement or lease under the statute. Since the administrative power may be relied upon for the grant of...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR643.81] [Page 98] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 643--REAL ESTATE--Table of Contents Subpart E--Easements Sec. 643.81 Additional items concerning easements. In addition to the general and policy matters covered in Subparts A and B, the following also apply with respect to the granting of easements. ...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR643.82] [Page 98] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 643--REAL ESTATE--Table of Contents Subpart E--Easements Sec. 643.82 Term. The term for which an easement is granted will be guided by the type of easement, the period for which the land can be made available and the limitations of the authorizing statute. ...


compensation be paid to the United States, such grants will reserve consideration in an amount equal to the fair market value as established by recognized...


repair and restore damage done to Government land and improvements and to relocate or replace buildings and other needed facilities rendered useless or less useful by the...


require removal or destruction of improvements which are not required to be relocated or replaced to meet military needs, such improvements will be disposed of as excess...


authority thereunder from the Secretary of Defense authorizes the SA to grant easements and concurrently to [[Page 99]] relinquish to the State in which...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR643.101] [Page 99] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 643--REAL ESTATE--Table of Contents Subpart F--Permits Sec. 643.101 Additional items concerning permits. In addition to the general and policy matters covered in subparts A and B, the following also apply with respect to the granting of permits. ...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR643.102] [Page 99] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 643--REAL ESTATE--Table of Contents Subpart F--Permits Sec. 643.102 Permit. A permit is the temporary authority conferred on a Government agency to use real property under the jurisdiction of another Government agency. ...


period. if the permit is on a permanent or irrevocable basis, it is considered tantamount to a transfer and must be granted under special statutory authority....


charge for space and space- related services provided non-DOD Federal agencies. Charges will be at rates established by GSA for the particular location pursuant to 40 U.S.C....


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR643.111] [Page 99] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 643--REAL ESTATE--Table of Contents Subpart G--Additional Authority of Commanders Sec. 643.111 Additional authority. In addition to authorities and responsibilities set forth above, the following grants may be made by commanders as indicated. ...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR643.112] [Page 99] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 643--REAL ESTATE--Table of Contents Subpart G--Additional Authority of Commanders Sec. 643.112 Army exchange activities. Use of space and structures by the Army Exchange and its concessionaires is governed by AR 60-10. ...


governed by AR 210-135. (b) The Treasury Department determines whether a banking facility is self-sustaining and notifies the Commander, U.S. Army Finance...


interest, MACOM and heads of agencies having command responsibility may grant, without consideration, revocable licenses for joint use of active Army and USAR facilities...


erection of temporary structures for use solely in connection with a Government contract for construction and related work for the period of the contract and with provision...


Installation commanders are authorized to allot space in existing buildings, without charge for rent or services, to any credit union organized under State law or to any...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR643.117] [Page 100] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 643--REAL ESTATE--Table of Contents Subpart G--Additional Authority of Commanders Sec. 643.117 Hunting, trapping, and fishing. Applications to hunt, trap, and fish on military reservations are governed by AR 420-74. ...


to permit structures to be erected on military installations with nonappropriated funds, as well as the title status of each, is defined in AR 60-10 and AR 210-55. Use...


to post administration which in the absence of such authority would amount to a trespass, such as licenses to merchants to enter the reservation to make...


101]] post office purposes at military posts where post offices have been established. Space assignment will be accomplished by arrangement between...


as thrift shops and child-care centers, located on Army installations and provides policy guidance for their authorization and operation. Installation commanders...


and Reserve elements covering temporary use of existing Army Reserve facilities, Provided, however, That the DA is reimbursed in proportionate share for the services...


Army Reserve Centers have been constructed, local civic and similar nonprofit organizations may be permitted to use the armory facilities during such periods that will...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR643.124] [Page 101] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 643--REAL ESTATE--Table of Contents Subpart G--Additional Authority of Commanders Sec. 643.124 Rights-of-way for ferries and livestock. Installation commanders are authorized to grant permits for the landing of ferries and driving of livestock over military reservations under authority of 10 U.S.C. 4777. ...


personnel and civilian personnel qualified to occupy public quarters for use and occupancy of individual trailer sites within approved trailer camp areas, and to revoke or...


revoke such licenses in the name of an by authority of the SA, for bus and taxicab service on installations. The following policy will be observed in granting such...


will be accomplished in accordance with AR 210-50. Responsibility of the Corps of Engineers for the establishment of rental rates for quarters rented to civilian and...


(including the use of unoccupied barracks) to national veterans' organizations for use at State or national conventions or for national youth, athletic, or...


or for intermittent or continuing use of available meeting room facilities, without monetary consideration, to on-post youth groups such as the Boy Scouts, Girl Scouts, and...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR643.130] [Page 102] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 643--REAL ESTATE--Table of Contents Subpart G--Additional Authority of Commanders Sec. 643.130 Joint Carrier Military Traffic Offices (JAMTO, JBMTO, JRMTO, SAMTO). Installation commanders will furnish office space without charge for JCMTO offices established in accordance with AR 55-355. ...


acquisition of lands in connection with Military and Civil Works projects. It is not intended to be taken as absolute, without modification, but more as a guide to insure all...


the Corps of Engineers relating to real estate planning and project authorization for the acquisition of land and interests therein for all water resource projects. ...


areas, public access areas and fish and wildlife purposes will be acquired in fee. No interests need be acquired in areas subject to the Government's right...


the Department of the Interior and the Department of the Army, governing the acquisition of land for reservoir projects, are published in the Federal Register, dated February...


necessary land or interests therein to accommodate projects authorized by the Congress is to permit the reservation of the minerals in the land, unless the reservation...


reports are the studies and reports, specifically authorized by Congress and made by Division and District Engineers as assigned by the Chief of Engineers,...


acquisition lines are shown on maps which are part of the REDM. However, at that time, the lines will, to some extent, be irregular and located without full regard to...


program is to provide for the early acquistion of land to avoid enhancement in land prices and a minimum of inconvenience to the property owners. Also, it is essential...


Engineers relating to real estate planning and project authorization for the acquisition of land and interests therein for military projects, for the Department of Energy (DOE),...


site selection will be the primary responsibility of the using service. A representative of the appropriate Division or District Engineer will participate in...


(REPR), as shown in Figure 2-1 in ER 405-1-12, will be prepared by the Division or District Engineer for all major fee and easement projects other than Reserve...


When a requirement develops for the acquisition of Government-owned real property and an appropriate request is received for the acquisition, the District Engineer will prepare...


1958 (Pub. L. 85-337, 72 Stat. 27) provides that all withdrawals and reservations of public domain land, water, or land and water, or restrictions on use of areas in...


be acquired until there is legislative authorization for the acquisition (41 U.S.C. 14) and an appropriation available for the purpose. (b) AR 405-10 and AFR 87-1...


available, and necessary clearances have been obtained, the formal Real Estate Directive (designating the land to be acquired, the estate to be acquired, and the amount...


of the Army (military) and Air Force. HQDA (DAEN-REA-P) is responsible for acquiring real estate for the Department of the Army (civil works), DOE, and other...


of Engineers, with necessary clearances made and an allotment of funds to the District Engineer, the Division Engineer will be authorized to proceed with acquisition...


to the individual ownerships leading up to, but not including, solicitation of offers from landowners. It includes preparation or procurement of tract ownership data...


appraisal work undertaken in connection with the real estate responsibilities of the Corps of Engineers. (2) These guidelines are to promote and encourage the utilization...


material aid in the acquisition of required real estate interests. It is also an indispensable factor in justifying expenditures of public funds. It is essential that the...


planning reports are subject to minute scrutiny by higher [[Page 133]] authority in the Department of Defense and by Congressional Committees. It is...


all the rights to the full use and enjoyment of a parcel of real estate is called the ``fee simple estate.'' An appraisal of this interest is referred to as ``Fee Value.'' ...


a competitive market, a well-informed and willing lessee would pay and which a well-informed and willing lessor would accept for the temporary use and enjoyment of the property. ...


of fee ownership. It follows that the value of an easement is less than the market value of fee title to the same portion of property (exclusive of severance damages...


or accounted for in the appraisal report in such manner that negotiations may be readily conducted to acquire or extinguish subsurface rights if they are outstanding...


to be reviewed by a reviewing appraiser to assure that the information and data developed by the appraiser substantiates the estimated valuation. The review function also serves as...


may contract with recognized appraisal firms, corporations and individuals for necessary appraisal reports on a lump sum basis. Following the award of any appraisal contract...


644.61 through 644.72 describe the procedures relating to the procurement of title evidence, title clearance, and closings for the acquisition of real estate and...


evidence. Certificates of title must be in a form acceptable to the Attorney General. An acceptable form of certificate of title which has been approved by the Attorney...


the preparation of the real estate design memorandum, or real estate planning report, the Division or District Engineer is requested to: (1) Give careful...


in accordance with applicable procurement regulations. (b) Review of Title Evidence Contracts. The Contracting Officer, if an employee of the Real...


evidence for particular tracts will be furnished, orders will be submitted to the abstractor or title company on ENG Form 1011, Order for Title Evidence. An accurate...


obtained in connection with the acquisition of land from funds available to the Division or District Engineer for that purpose, whether the land is acquired by purchase...


United States, as amended (40 U.S.C. 255), formerly required the written opinion of the Attorney General in favor of the validity of the title to lands as a prerequisite to...


acceptable certificate of title, ENG Form 903 or an interim binder on an owner's title guarantee or insurance policy, ENG Form 1014, the title evidence will be reviewed by...


title to easements costing in excess of $1,000 will be the same as in fee acquisitions, as outlined above, except as follows: (1) Under an agreement with the Department...


immediately upon completion of curative action, by qualified Closing Officers employed by the Corps of Engineers. To be qualified, a Closing Officer must be employed in the...


will be forwarded to HQDA (DAEN-REA-P) WASH DC 20314 for review and disposition. In addition, copies of deeds and related papers in acquisitions for the Strategic...


the course of acquisition by purchase, it becomes apparent that title clearance and closing cannot be completed within 60 days of the offer to sell, action will immediately...


the acquisition of land and interests therein for both military and civil works projects by purchase, donation and transfer. (a) Applicability. These sections are...


will not be initiated until the Real Estate Design Memorandum (for all projects except military) or Real Estate Planning Report (for Army, other than Civil Works, and Air...


land at a price that will afford each landowner his constitutional guarantee of ``just compensation'' as that term has been defined by Federal judicial decisions. The...


be reached with a landowner as to the purchase price established by the appraisal, the lowest price demanded by the landowner may be considered by the Division and...


of the Military Construction Appropriation (MCA) Act of 1978 (Pub. L. 95-101) provides that no part of the funds provided in the Act shall be used for purchase of land...


of the Military Construction Appropriation (MCA) Act of 1978 (Pub. L. 95-101) provides that no part of the funds provided in the Act shall be used for purchase of land...
...


ENG Form 42, Offer to Sell Real Property, is required in all authorized projects, except in those cases where agreements with the landowners can be fully reflected in...


will be obtained from other Government agencies after issuance of real estate directives. Muniments of title will be obtained from the transferring agency, if possible,...


of land and interests in land on the basis of a physical appropriation or use by the United States. It is applicable to all Division and District Engineers having...


have no authority to acquire interests in real property except under express authorization and appropriation made by Congress, the Government may, nevertheless, in...


his property or an interest therein, a litigation report should be furnished in accordance with ER 1180-1-1. Litigation reports will be submitted in quadruplicate in cases...


has taken an interest in real property, the Department of Justice will attempt to have included in the findings and in the judgment a precise description of the...


to the acquisition of real estate and interests therein by condemnation proceedings. It is applicable to the Office of the Chief of Engineers (OCE) and to all...


taking filed in conjunction therewith, will contain a citation of the congressional authorization and appropriation acts for the particular project, and any other...


Engineers give favorable consideration to the filing of a complaint in condemnation, and the request for an order of possession, without the concurrent filing of a declaration...


accomplished by purchase due to failure to reach an agreement with the owners as to value, inability to contact the owners, title defects, or for other reasons,...


the United States by declaration of taking in a condemnation proceeding and it is determined to be in the best interest of the Government to wholly or partially exclude...


the registry of the court is the responsibility of the United States District Court. However, the Division or District Engineer will assist the United States Attorney...


District Engineer will maintain close liaison with the United States Attorneys and will render all possible assistance to the United States Attorneys in negotiating...


the Real Estate Divisions have been authorized to approve court awards (including jury or commission awards) where such awards do not exceed the highest testimony presented at...


title insurance policy in condemnation cases where the intermediate or continuation certificate of title is continued to a date subsequent to the date of filing of the...


29, 1906 (33 U.S.C. 592) and August 8, 1917 (33 U.S.C. 593), and the Flood Control Acts approved March 1, 1917 (39 Stat. 950) and August 18, 1941 (33 U.S.C....


by a leasehold condemnation proceeding terminates after a one-year term, unless notice to extend the term is filed in the appropriate United States District Court. In...


leasing of real estate and interests therein for military and civil works purposes. They are applicable to all division and District Engineers having real estate responsibilities....


the United States, the Commonwealth of Puerto Rico, and the Virgin Islands is derived from annual appropriation acts. (b) Title 10 U.S.C. 2675 authorizes the acquisition by lease,...


land and buildings, under its own authority or through the General Services Administration (GSA) in designated urban centers, for the Departments of the Army and Air Force;...


for the general use of Government agencies, including but not limited to office space, general storage space, inside parking space, and warehouse space. ...


lease proposal or renewal with an estimated annual rental in excess of $50,000 (gross rent as recited in the lease or for each project covered by one or more leases) must...


authorized to execute leases, or renewals of leases, negotiated in accordance with the procedures expressed herein, upon receipt of a proper request from an...


of Defense. Land use requirements vary with the exercise objectives and the force elements which participate. The Corps participates in the planning and acquires rights...


95-82, approved 1 Aug 1977, authorizes the expenditure of an average of $280 per month for each military department for housing facilities in the United States (other...


are authorized to execute leases, and renewals of leases, for river and harbor or flood control purposes, subject to necessary approvals and clearances. The provisions of...


the physical protection for all facilities under Corps control. Coordination with state, county, and city law enforcement officials as well as the U.S. Attorney's Office is...


be available to the military elements for consultation and review of requirements involving construction on leased land or in leased space. Detailed instructions...


States and possessions, and overseas, for the leasing of unimproved land. ENG Form 527 is recommended for leases of improved property in overseas areas. Standard Forms 2, 2A,...


to obtaining rights-of-entry on lands for both military and civil works projects and in the Corps' acquisition programs for other Federal Government agencies. These procedures...


property or non-Government-controlled property without acquiring any estate or interest therein. The principal effect of a right-of-entry is to authorize an...


authority from the owner of lands to be used for the purpose of making surveys, test borings, and other exploratory work as may be necessary to complete the...


of options to purchase real estate interests for Army or Air Force military requirements prior to the issuance of a real estate directive. These procedures are applicable to...


States Code, as amended by section 707 of the Act of Congress approved October 27, 1971 (85 Stat. 412), provide that: (1) The Secretary of a military department may...


in Sec. 644.166(b) exist in connection with any proposed land acquisition project for military purposes not yet authorized by law, or if authorized, not yet covered by a...


property, the District or Division Engineer will exercise the option and proceed with the acquisition in accordance with the procedures outlined in Secs. 644.61...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR644.175] [Page 218] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 644--REAL ESTATE HANDBOOK--Table of Contents Subpart D--Relocation Assistance Program Sec. 644.175 Cross Reference. See part 641 of this chapter for the regulations on the relocation assistance program. [44 FR 3212, Jan. 15, 1979. Redesignated at 44 FR 35219, June 19, 1979] Subpart E [Reserved] ...


Subpart F sets forth general authority, responsibilities, procedures, methods, and guidance for the performance of real property...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR644.312] [Page 219] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 644--REAL ESTATE HANDBOOK--Table of Contents Subpart F--Disposal Sec. 644.312 Applicability. Subpart F is applicable to Division and District Engineers having real estate responsibilities. ...


predicated on authority derived from the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471, et seq.), hereinafter referred to as the...


of authority issued by GSA under the Federal Property Act, the military departments are authorized to dispose of the following: (a) Real property under its...


and regulations, the following priorities should be followed in disposing of real property no longer needed by the Departments of the Army and Air Force: (a) Transfer...


4321 et seq.) directs that a five point Environmental Impact Statement (EIS) be prepared, circulated among interested Federal, State and local agencies, and filed with...


1966, as amended, (16 U.S.C. 470) and Executive Order 11593, Protection and Enhancement of the Cultural Environment (13 May 1971) will be set forth in subpart H...


Zone Management Act of 1972, as amended (16 U.S.C. 1451 et seq.). These provisions also apply to the disposal of land or water resources when the action is subject to...


26961, (24 May 1977) are applicable to the disposal of Federal lands and facilities, and the policy and procedures implementing the Order will be set forth in subpart H (to...


(24 May 1977) and its implementation will be outlined in subpart H (to be published). In accordance with ER 1165-2-26, paragraph 13, when civil works property in floodplains...


(FPMR), substantially the following covenant will be included in all deeds or other disposal instruments to public bodies when the sale is negotiated under...


paragraphs (b) and (c) of this section and unless otherwise obligated by existing or future acts of Congress, all proceeds received from any civil works project disposal...


either as words or as parts of words (other than when referring to a specific individual), they have been used for literary purposes and are meant to include both female...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR644.326] [Page 221] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 644--REAL ESTATE HANDBOOK--Table of Contents Subpart F--Disposal Sec. 644.326 Army military real property. Military real property, including industrial real property, under the control of the Department of the Army will be placed in excess status as outlined in AR 405-90. ...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR644.327] [Page 221] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 644--REAL ESTATE HANDBOOK--Table of Contents Subpart F--Disposal Sec. 644.327 Air Force military real property. Military real property under the control of the Department of the Air Force will be placed in excess status as outlined in AFR 87-4. ...


lease, permit, or other similar right of occupancy, excess to the needs of the using service will be reported direct to the Division of District Engineer for...


(DE). When the DE is of the opinion that real property acquired in fee or [[Page 222]] easement for a civil works project is no longer required for...


Army or Air Force will be screened against requirements of other Department of Defense (DOD) agencies and the U.S. Coast Guard in order to promote and obtain the most...


command jurisdiction of real property from one command to another within the same military department. Reassignments may be accomplished by the Secretary or the staff...


screen all excess real property reported to it for disposal, to determine whether the property is surplus to all Federal agencies. (2) GSA will screen certain classes...


Simultaneously with screening under Sec. 644.335 notices of availability will be given to DI of land suitable for public park and recreation or an...


the Chief of Engineers in, and prescribes procedures for, clearing proposals for certain leasing and for disposals of Army real property with the Department...


Federal agency or a State, of any Government-owned military real property with an estimated value, including the value of existing improvements, in excess of $100,000,...


the Assistant Secretary of Defense (MRA&L) of disposal actions requiring congressional committee clearance. DOD approval is also [[Page 227]] required for...


Services Committees, and to satisfy other information requirements, include the following data when forwarding the ENG Form 2187-R: (a) Four copies of a site plan of...


DAEN-REM will furnish copies to the DEs and to the central and regional offices of GSA as advance information to permit preliminary...


the COE as real estate agent for the Departments of the Army and [[Page 228]] Air Force to report excess real and related personal property to GSA in...


GSA for disposal, utilizing Standard Form 118 (SF 118), Report of Excess Real Property, as set forth in Sec. 644.355: (a) Fee-owned. All fee-owned property, with...


(c) of this section must be reported to GSA for screening purposes notwithstanding the fact that the military departments have been delegated authority to dispose of...


property: (a) Fee-owned land, including withdrawn or reserved public domain land which BLM made available for disposal under Federal Property Act, together with...


having civil works responsibility for the area where property proposed for disposal is located will evaluate the property (civil or military) for the presence of flood hazards....


the same project or installation, the total value of all such parcels or items will be included in determining whether the property has an estimated value of $1,000 or...


Defense to accept reports of excess on some facilities with instructions on their disposal, specifically: (a) Defense Industrial Reserve (DIR). The Defense...


be prepared on SF 118, with schedules, in accordance with the instructions contained in FPMR section 101-47.4902, and Sec. 644.349 herein. However, since the type...


and made a part of SF 118 (original and copies thereof), a report prepared by a qualified employee of the holding agency on the Government's title to the property,...


of outgrants involving the property reported, all conveyances, encumbrances and other instruments affecting the use and operation of the property, including deeds,...


42 U.S.C. 1594a-1(b) provides that the proceeds from the disposition of Department of Defense Housing, including related land and improvements, shall be transferred to the DOD...


information and assistance requested by GSA Regional Offices. However, requests for engineering surveys should be carefully monitored in the interest of economy. When...


separately from the land which, pursuant to Sec. 644.350, must be reported to GSA for screening purposes only, will be reported immediately when the property is determined to...


as follows: (a) Complete copies to: (1) Regional Office, GSA--original and four copies. (2) District Engineer--one copy. (b) Division...


Report of Excess (SF 118). The date GSA will assume the expense of cost and custody as provided in Secs. 644.368 through 644.375, will be figured from...


GSA considers appropriate, Reports of Excess may be withdrawn or corrected at any time prior to disposition of the property, by filing a corrected SF 118 with the...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR644.364] [Page 233] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 644--REAL ESTATE HANDBOOK--Table of Contents Subpart F--Disposal Sec. 644.364 Supply of forms. Standard forms 118, 118a, 118b, and 118c, are not available in normal Army Adjutant General supply channels. The forms should be procured from GSA. ...


the Army Military Property. Care, custody, accountability, and maintenance of excess Army military real property will be as prescribed in AR 405-90. (b) Department of the...


provided in FPMR Subsection 101-47.4913. (a) Calculated Risk. These guidelines, which are binding on holding agencies, embody the principle of calculated risk. In applying...


to the GSA for disposal will continue to be held until GSA transfers to its purchaser or other designee. All expenses pertaining to care, custody and maintenance will...


contract whenever it is legally possible and more economical to do so. Due to the temporary nature of such services and the extreme variations in kind and fluctuations...


excess, the DE should promptly initiate planning for interim productive use. Interim use should be planned to save care and custody expense but must not interfere...


together with Government-owned improvements, which have been determined to be excess to the department, after screening with other DOD agencies and the U.S. Coast Guard...


that the land is suitable for return to the public domain, the BLM Land Office will transmit to the DE a draft of public land order (PLO) designed to formally revoke...


agency on a temporary basis which has not been substantially improved while being utilized by the Department, when determined to be excess in accordance with...


DE will submit the following information with his recommendations to DAEN-REM: (1) Description and location of the property; (2) Date use was acquired; ...


real property, the use of which has been obtained from other Federal agencies (including withdrawals from the public domain recommended for return to the...


to be reported to GSA for disposal with the land, the permitting agency, or Department of the Interior in the case of public domain land, will be required to reimburse the Army...


of the excess classification of each Army property and each Air Force property for which a preliminary or final real estate directive has...


as excess to fulfill current directives for acquisition of real estate or known or foreseen potential needs of the Army or Air Force, which may have been generated since...


recommended for excess by the installation commander, or a preliminary or final real estate disposal directive is issued by the Air Force, any pending acquisition in...


Upon receipt of a copy of the installation commander's recommendation of excess, the DE will take the following actions: (a) Immediately notify DAEN-REM by...


be advised of military installations to be surveyed under E.O. 11954 by a DOD or GSA survey team. (b) If property is to be declared excess as a result of a decision by...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR644.390] [Page 240] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 644--REAL ESTATE HANDBOOK--Table of Contents Subpart F--Disposal Sec. 644.390 Executive Order 11954 surveys of civil works properties. Procedures to be followed by DEs when civil works properties are surveyed by GSA under E.O. 11954 are contained in chapter 8 of ER 405-1- 12. ...


DE will convene a predisposal conference with representatives of the using command, GSA, and other interested parties. Where an Air Force installation is involved, the...


a disposal project is forwarded to the Assistant Secretary of Defense (Manpower, Reserve Affairs and Logistics) for clearance. (Air Force screens its own properties...


the report upon receipt to the final Air Force disposal directive. In all cases where a disposal is reported to the Armed Services Committee, the DE will furnish...


plans for disposal of all or a portion of an installation should be protected (AR 340-16), until such time as the property is determined excess to Army or Air Force...


the time schedule for disposal, prompt action will be taken to advise offices concerned. HQDA (DAEN-REM) should be promptly informed of any problem adversely affecting a...


the property, the DE will assign a responsible representative to each installation, or group of installations, to act under his staff supervision in performance of...


United States is vested in Congress (paragraph 2, Section 3, Article IV, Constitution of the United States), and no real estate of the Department will be sold or otherwise disposed...


Force real property to other Federal departments are contained in Secs. 644.402 through 644.408. The authorities in these acts are exercised independently of GSA...


military stores, supplies, and equipment of every character, including real estate owned by the Government, between the Army, Navy, Air Force and Coast Guard upon request...


to provide for the transfer to the Tennessee Valley Authority of the use, possession and control of such real or personal property of the United States as he may from time...


Department of Defense to transfer without exchange of funds, to Federal Prison Industries, Inc., any property or equipment suitable for use in performing the functions and...


transfer, without reimbursement, to the Veterans Administration, facilities, supplies, equipment, or material necessary and proper for the authorized care of veterans....


Department of Defense to transfer, without charge, to the Secretary of Transportation, airport property and airway property, exclusive of meteorological facilities in...


within the District of Columbia, owned by the United States or by the District, to transfer jurisdiction over parts or all of such property among or...


Secretary of Agriculture, with respect to national forest lands, and the Secretary of a military department, with respect to lands under the control of the military...


lands is accomplished in three steps: first, agreement must be reached between the two departments involved as to which lands will be interchanged; second, the two...


to all transfers of real and related personal property to other Federal agencies by the Army and Air Force except as provided above. (b) Authority to...


the Chief of Engineers in either memorandum or letter form. The instruments will be prepared for signature of the Secretary of the transferring department and will be...


transfer, as appropriate. The DE will collect any reimbursement and obtain any releases required. Where a leasehold is involved, the DE will furnish the transferee a...


authorize the exchange of Government-owned lands and interests therein for private lands and lands owned by States, other non-Federal agencies, and their...


the acquisition, ``by donation, purchase, exchange of Government-owned lands, or otherwise,'' of lands and interests therein at specified installations or for specified...


a military department to acquire land and interests in land, by gift, purchase, exchange of Government-owned land, or otherwise, that: [[Page 247]] (1)...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR644.416] [Page 247] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 644--REAL ESTATE HANDBOOK--Table of Contents Subpart F--Disposal Sec. 644.416 Army civil works lands. The Secretary of the Army is authorized to exchange lands acquired for river and harbor and flood control projects for privately-owned lands required for such purposes (33 U.S.C. 558b and 558b-1). ...


amended by section 415 of Pub. L. 968, 84th Congress, Act of 3 August 1956 (70 Stat. 1018) authorizes the acquisition of real estate by donation, purchase, exchange...


written contract specifying the terms and conditions of the exchange, including, by reference to exhibits incorporated therein or otherwise, the form and terms of the...


agencies to grant easements on real property of the United States for rights-of-way or other purposes on terms and considerations deemed necessary to protect the...


General. Because of the continuing interest of the departments in the following properties and in view of the determinations under the Acts on which the disposals...


or materials may be transferred to a state for the construction or maintenance of a right-of-way for any highway adjacent to a Government installation. If, within a...


application, of such interest in real property as is determined will not be adverse to the interests of the United States, to the states or political subdivisions...


Secretary of Transportation determines that use of any lands owned or controlled by the United States is [[Page 249]] reasonably necessary for carrying out a project...


14 July 1960 (33 U.S.C. 578) authorizes the Secretary of the Army, after certain determinations are made, to convey land which is a part of a water resource...


that the disposal agency shall allow a reasonable period of time for states, municipalities, and their instrumentalities, to perfect a comprehensive and...


disposal in accordance with Secs. 644.348 through 644.367 will be classified according to its highest and best use, e.g., industrial, commercial, agricultural, or for disposal under...


formal notice to eligible public agencies of the availability of surplus land for disposal. Notices are not required for property having an estimated fair market value...


consideration for airport purposes, under 50 U.S.C. 1622(g), with the approval of the Administrator of GSA, is limited to states, political subdivisions, municipalities...


authorized under the provisions of 16 U.S.C. 667b-d, in connection with land and improvements that: (1) Can be utilized for wildlife conservation purposes by the agency...


acting as a disposal agency, determines that a chapel may properly be used in place, a suitable area of land may be sold with the chapel for use as a shrine,...


Act of 1944, as amended (50 U.S.C., App. 1622(d)), any state, or political subdivision thereof, or any state or Government agency or instrumentality may certify to...


(a) Authority. Under section 203(k)(1) of the Federal Property Act of 1949, as amended (40 U.S.C. 484(k)(1)) the Administrator, GSA is authorized, under...


the sale of surplus fee-owned land and easement interests and includes actions to be taken preliminary to proceeding with the appropriate sale procedures set forth...


L. 84-999 (16 U.S.C. 460e). No new allocations of land for private cottage use will be made. The policy concerning phasing out of existing cottage site areas is set out in...


agency has been found to be surplus to requirements of the [[Page 258]] Federal Government, has been classified under Sec. 644.426 and disposal is not made to...


with its classification. Appraisals will not be undertaken for property which has been or is likely to be classified for disposal for any of the following...


the District Engineer's recommendation of the method or methods of disposal and the reasons therefor; for example, whether improvements or minerals and lands should be...


submit the following: (a) Information as to when and from whom the easement was acquired. (b) The consideration paid therefor. (c) Identification of...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR644.439] [Page 259] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 644--REAL ESTATE HANDBOOK--Table of Contents Subpart F--Disposal Sec. 644.439 Sale and conveyance. Sales procedure, including advertising, will be in accordance with Secs. 644.540 through 644.557. Normally, conveyance will be by deed, prepared and executed as provided in Sec. 644.441. ...


related personal property with an aggregate total cost of $1,000,000 or more, or patents, processes, techniques, or inventions, regardless of costs, shall not be disposed of...


other permanent interests in land which the Army and Air Force have authority to convey under the statutory authorities and delegations set forth in Secs. 644.400 through...


the General Services Administration (GSA) to the Department of Defense (DOD). DOD has redelegated this authority to the military departments. DEs, within the limits of...


notice of termination will be given to the lessor in accordance with the terms of the lease, effective as of the date of vacation. The termination notice will be...


the using service on or before the date [[Page 262]] specified in the termination notice (or the date of expiration of the lease where formal notice is...


the lessor, a terminal condition report to reflect the condition of the leased property as of the termination of the lease, and a terminal survey to determine the extent...


if stipulated notice is given by the lessor, restore the premises to as good a condition as they were in at the time of entering into possession, reasonable and...


of the premises is, when required by the terms of the lease, a condition precedent to any obligation on the part of the Government to restore and is a vested...


restored as under the standard provisions of the lease it will be attributable to reasonable and ordinary wear and tear, damage by the elements, or damages by...


(a) Wear and tear beyond that which is reasonable and ordinary. (b) Damage due to negligence by Government personnel. (c) Restoration or reinstallations necessitated...


ENG Form 1440A-R, Joint Terminal Condition Survey, will be used. The Government representative, in these cases, will also make a detailed investigation as to the extent...


Any restoration case not covered by the definitions of minor restoration case in paragraph (a) of Sec. 644.452 is a major restoration case. A complete engineer estimate...


by the Government are ordinarily favored because they most satisfactorily achieve the objectives of fulfilling the Government's obligations under the lease in the...


owned by them or under their control, on premises leased from such owners by the Government, the personal property not being covered by the lease. The rooms in...


commencing on the date premises are vacated by the Government, will be specified in the Government's estimate, and rent allowed in the settlement during such period...


lease requiring restoration, the supplemental agreement may contain a settlement in lieu of restoration of the area surrendered. A waiver of further claims covering the...


no obligation to restore, and in all cases of leases where terminal survey discloses no damage to the premises for which the Government is liable, an effort will be made...


with the lessor, will be embodied in a supplemental agreement to the lease, antedating termination, substantially in accordance with ENG Form 341,...


settlement in lieu of restoration, will be composed of the following: (1) Completed Notice of Termination. (2) ENG Form 340 (Supplemental Agreement...


be used in making payment of the settlement. Reference should be made on the voucher to the lease and supplemental agreement. The cost of restoration work...


accept a cash settlement in lieu of restoration, or desires the work to be done by the Government, the restoration will be performed, without delay, directly...


When leasehold estates in land, or other similar limited estates or terms for years, acquired or in the process of acquisition, have been determined surplus a...


for abandonment, or should it appear that claims for damages will be interposed by the property owner, the responsible DE and the Department of Justice representative...


or not a declaration of taking has been filed, the owner will be requested to designate, in writing, the restoration for which he believes the Government is liable....


every effort to obtain a release of further claims for damages. A complete record of all items of restoration and the cost will be kept for use at the final hearing...


reports covering the personal property located therein, made prior to first entry by the Government under condemnation proceeding, will be compared with the condition shown...


be settled in the condemnation proceeding to avoid separate suit by the owner to recover compensation to which he may be entitled. In such cases request will be made...


such authority made by GSA in FPMR 101-47.302-2, the Department of the Army is designated as the disposal agency for the following property: (a) Leases, permits,...


(a) By demolition for utilization of salvage materials in the overall Army or Air Force construction or maintenance program. Screening with other military...


method of disposal authorized by law or regulations which is most advantageous to the Government. Where alternatives are presented, there will be an affirmative...


excess status are set forth in AR 405-90 and AFR 87-4. In instances of land acquisition where buildings and improvements were acquired incident thereto, DEs are designated...


incidental to the acquisition of land in reservoir areas, regardless of the original cost thereof, when they are in the way of authorized construction or when...


the proceeds from a sale or transfer of buildings or improvements may be credited to the appropriation for the work for which the property was acquired. Buildings or...


property, demolition may be undertaken by the DE of buildings on non-excess land made available for disposal, when the salvage is to be used in construction or maintenance work by...


which have been screened for defense requirements, as outlined in Secs. 644.333 through 644.339, may be transfered to another Federal agency as hereinafter outlined....


Form 1354. An estimate of value will be shown on DD Form 1354, Transfer and Acceptance of Military Real Property, or other forms used and, in the case of transfer...


the agency requesting the buildings will be expected to remove the building and restore the premises, as required by the terms of the lease, or to accept an assignment...


FPMR 101-47.308-4, as set forth in Secs. 644.400 through 644.443, the responsible DE may assign buildings or other improvements made available for disposal and not required...


to GSA for screening pursuant to Secs. 644.348 through 644.367, the Reports of Excess are available to HEW by the Regional Office of GSA, and no notice of the...


preparatory to the publication of Invitations for Bids and Specifications of Sale of Buildings and Improvements will be taken in order to minimize the time lapse between...


by competent authority and not needed for further Federal utilization, or assigned to HEW, will be diposed of by sale by the responsible DE. Sales will be accomplished in...


Procedure for the disposal of property constructed under a facilities contract on lands neither owned by nor leased to the Department is set forth as follows: (a)...


regulations, special procedures have been established for disposal of chapels. Surplus chapels must be segregated from other buildings for sale intact, separate and apart...


for Approval of Disposal of Building and Improvements) or AF Form 300, the DE will solicit applications by public advertising. Advertising will consist of publication...


to the condition that during their useful life they will be maintained and used as shrines or memorials, or for religious purposes, and not for any commercial,...


in the case of sale for use as a shrine, or memorial, or denominational house of worship, will be at its fair value in the light of the conditions imposed relating to...


DAEN- REM, who will request the Chief of Chaplains to select the purchaser and advise DAEN-REM of his selection. Where no applications are obtained as a result of...


disposal of chapels will be made by the DE direct to the Chief of Chaplains, with a copy to HQDA (DAEN-REM) WASH DC 20314, by letter, which will contain the...


accordance with the conditions of sale, or the purchaser requests release of the conditions, the facts will be reported to DAEN-REM with appropriate recommendations. DAEN-REM...


a public body, upon a finding in writing by the DE (but in no event shall such finding be made by the official directly accountable for the property) that the property has...


or possession of the United States, any political subdivision thereof, the [[Page 279]] District of Columbia, any agency or instrumentality of any of...


agency is unwilling to accept transfer of buildings or improvements in lieu of restoration, but is willing to permit the Department to leave buildings or improvements...


of funds for destruction of improvements which have no sale or salvage value. Accordingly, where such improvement have been approved for disposal by the Corps of...


under FPMR 101-45.309-1 (Sale, Abandonment, or Destruction of Personal Property). The Corps of Engineers does not dispose of crops on military lands. However, when lands...


and embedded gravel, sand and stone is outlined in AR 405-90. The procedure for the determination of availability of timber for disposal is outlined in AR 420-74. ...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR644.503] [Page 280] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 644--REAL ESTATE HANDBOOK--Table of Contents Subpart F--Disposal Sec. 644.503 Methods of disposal. Standing timber, crops, sand, gravel, or stone-quarried products, authorized for disposal in accordance with the foregoing, will be disposed of by transfer to another Federal agency or by sale. ...


not authorized, in the clearance of construction sites, to burn or otherwise destroy merchantable timber unless circumstances exist which preclude sale or salvage. In preparing...


disposal plan will be prepared, which will include the following: (a) Control of transportation facilities which will limit use of roads and construction of new roads...


gravel, or stone are made available for disposal, other Federal agencies having activities within the vicinity of the location of the property and which, in the opinion...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR644.507] [Page 281] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 644--REAL ESTATE HANDBOOK--Table of Contents Subpart F--Disposal Sec. 644.507 Sales. DEs will be governed by the general procedure set forth in Secs. 644.540 through 644.557 in selling standing timber, growing crops, embedded sand or gravel or stone products. ...


into an agreement with the SBA for the development of a program of assistance for small concerns operating in the timber business. This agreement is published for...


estimated value of $2,000 or more will contain a definition of small business and provision for self-certification of the [[Page 282]] bidder's status within...


time for purposes of coordination and assistance; to furnish names and information on prospective bidders from the SBA facilities list; and to obtain information on programmed...


the SBA to certify the competency of a small business concern as to capacity and credit. In any case where timber is being sold on a credit basis, if the bid is...


where certain joint determinations are made by the SBA and a disposal agency, the award of a contract for the sale of Government property shall be made to a small...


Air Force land of explosives or chemical/biological contaminants. When a target or bombing range, or other land under the control of the Department of the Air...


military real property is placed upon and remains with the using command. That command, after completion of the clearance work, will furnish the DE a ``Statement of...


the property must be determined by the installation commander as either of the following: (a) Category One. Those lands such as ammunition plants, storage, test,...


that the clearance work, as certified in the Statement of Clearance, has been performed and that such clearance complies with the requirements of this section. If the...


to a purchaser whose operations will result in the same type of contamination, or who agrees to perform the necessary decontamination. Any decontamination work...


of clearance operations at excess installations: (a) Government-owned land. Clearance work will not be undertaken where the estimated cost thereof exceeds the...


other hazardous materials. The [[Page 285]] primary consideration in determining whether scrap metal will be removed should be the safety of persons coming...


projectiles have been fired or dropped, such as artillery, bombs, mortars, rockets, grenades, and the like, it is impossible to make certain that land in impact areas...


as covered by Sec. 644.520 will not be included in a Report of Excess to GSA until such time as the affected areas have been cleared by the using command to...


of Clearance furnished by the using command (Sec. 644.517). The record of the clearance work performed by the using command will not be included in the Report of Excess...


of any kind will contain an affirmative or negative statement in regard to contamination. This will be by appropriate schedule and reference thereto in the...


the DE will have the Statement of Clearance recorded, if possible, as part of the permanent history of the property involved, with the proper county land record...


military requirements or being used, it may often prove advisable and economical to acquire the fee to such properties. Prior to considering the return of contaminated...


pay damages to a lessor in lieu of restoration i.e., decontamination, the following clause, appropriately modified to fit the circumstances, will be made a part of...


to conform to local law, will be included in deeds conveying land which is, or is suspected of being, contaminated with explosive or [[Page...


explosive objects, or chemical/biological agents, is released for disposal to, or use by, the general public in addition to the clearance statement furnished to the...


involve, explosive or chemical/biological elements remaining on, or carried from an excess or surplus installation, whether under the jurisdiction of the Corps of...


of explosives or other dangerous material so as to be safe for all uses and disposed of, but is later found to have been contaminated to such an extent that, in...


644.539 to carry out the continuing responsibility of the Department of the Army to assist and advise the land holder and protect the public from dangerous substances on or...


in most cases, will make an economic study to determine the extent of clearance that is justified by the relative values of the property before and after decontamination....


widely publicize all surplus real property which becomes available for sale. Sales will be made to the highest responsible bidder after advertising. Advertising consists of...


authorized representative of the responsible DE at the time and place stated in the Invitation and advertisements. (b) Award and Notice to Bidders. Award shall be made...


property with an aggregate total cost of $1,000,000 or more (or personal property with an acquisition cost of $3,000,000 or more) or patents, processes, techniques,...


(1) Is submitted by a responsible bidder. (2) Conforms to the Invitation for Bids. (3) Equals or exceeds the appraised fair market value of the property. ...


favor. Generally, such negotiated sales will be approved only where an emergency exists that will not permit advertising, where advertising would serve no useful purpose, or...


conducting the sale. ENG Form 571-R, Invitation for Bids, Bid and Acceptance, Sale of Surplus Real Property will be used as a guide in sales of bare land or improved land...


the price is a considerable amount, and it may be to the Government's interest to extend credit. Prior to offering property for sale on an extended payment plan basis, approval...


not present, is contrary to the form of the Invitation for Bids, and amounts to the application of special conditions not provided for therein. This violates GSA regulations and...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR644.548] [Page 294] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 644--REAL ESTATE HANDBOOK--Table of Contents Subpart F--Disposal Sec. 644.548 Abstract of bids. At the opening of bids, DD Form 1501 or 1501-1 (Abstract of Bids) will be prepared showing all bids received, the amount for each item, and the total. The successful bid will be encircled in red or typed in red. ...


draft, or any other form of payment not subject to stoppage or revocation. All such checks, money orders, or drafts should be drawn to the order of the ``Treasurer of the...


employees or military members of the Department of Defense (including an agent, employee or member of the immediate family of such personnel) whose duties include...


Executive Order 11246 as amended by Executive Order No. 11375, every Government contract involving employment shall include provisions for equal opportunity in employment,...


DAR, are applicable to the sale of Government-owned real property and will be followed. Where applicable the statement set forth in DAR 1-506 will be included in Invitation...


funds are collected from sales, reports will be prepared promptly. Sales may be allowed to accumulate to permit the making of fewer reports, but in no case will they...


not carry property insurance of any nature. Vendees, however, may be advised as to their liability for certain losses and that insurance protection against such risks is...


for the training of civilian components of the Armed Forces. However, other properties are sometimes conveyed under special acts of Congress subject to conditions...


of 1944, as amended, a number of surplus real properties of the United States certified by the Governor of the state in which located and by the Secretary of the Army, Navy...


The DE, within whose areas of military real estate operations are located the facilities conveyed under the authority mentioned in Sec. 644.559,...


the use of the land, or reserve an estate in the land, will be inspected for compliance on an annual or other reasonable basis to assure compliance. ...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR650.1] [Page 299] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 650--ENVIRONMENTAL PROTECTION AND ENHANCEMENT (AR 200-1)--Table of Contents Subpart A--General Sec. 650.1 Purpose. This regulation prescribes policies, assigns responsibilities, and establishes procedures for the protection and preservation of environmental quality for the Department of the Army in peacetime. ...


Reserve installations and activities located in the United States. (b) National Guard installations and sites supported with Federally appropriated funds. (c)...


(a) Facility. (AR 310-25.) Facilities include buildings, installations, structures, public works, equipment, aircraft, vessels, and other vehicles and property under...


all actions and programs to minimize the adverse effects on the quality of the human environment without impairment to the Army's mission. Inherent in this goal is...


(1) Comply with the provisions of the National Environmental Policy Act and all other Federal environmental laws, executive orders, and regulations. (2) Demonstrate...


The environment must be considered as a single, integrated system characterized by the continuous interaction of air, land, and water. (b) For planning purposes,...


and redirect, as necessary, Army environmental policy and programs to insure the Army fulfills its responsibility under the National Environmental Policy Act and other Federal...


(a) Federal installations are not required to comply with State or local administrative procedures with respect to pollution abatement and control. However, the majority of...


HQDA (DAEN-ZCE) will prepare the DA Annual Status Report on Environmental Programs and Activities (RCS DD-I&L (A) 1269). The DA report will include information on...


Defense presents an annual award to the Department of Defense installation which conducted the best environmental quality program during the preceding calendar year and...


of Sec. 650.9 (RCS DD-I&L (A) 1269) will be prepared, using the following format. Each topic will be addressed in sufficient detail to give the next higher...


December 17, 1973 \1\ which sets forth the policy and standards for the prevention, control, and abatement of environmental pollution at...


reflecting the Endangered Species Act of 1973 (Pub. L. 93-205) is covered in AR 420-74. Subpart B--Environmental Considerations in DA...


This chapter sets forth guidance and procedure for the DA implementation of the Federal Water Pollution Control Act of 1972 (FWPCA) (Pub. L. 92-500) and the water pollution...


water resources and protect them from contamination by controlling all sources of pollutants in accordance with applicable Federal, State or [[Page...


(NPDES). The system for issuing and conditioning permits under a schedule of compliance and denying permits for the discharge of pollutants from point sources...


water resources. (b) Control or eliminate all sources of pollutants to navigable waters or ground-waters by on-post treatment of wastes by joining regional or municipal...


staff responsibility for directing and coordinating the Army water pollution abatement program for both fixed and mobile facilities. Specifically the Chief of...


Act Amendments of 1972 (84 Stat. 100, 33 U.S.C. 1163). (b) Pub. L. 92-532; Marine Protection, Research, and Sanctuaries Act of 1972. (c) Rivers and Harbors...


as a minimum, the standards set by the U.S. Public Health Service (42 CFR 72.201-207)/EPA as interpreted by The Surgeon General of the Army (TB MED...


it is the responsibility of the States to establish water quality standards and formulate an overall plan for achieving and enforcing these water quality standards....


(1) As an interim limitation, all effluents from predominately domestic sources will be receiving the equivalent of secondary treatment as a minimum by July 1, 1977. ...


Act of 1972 (Pub. L. 92-532) and EPA prohibit the dumping of certain materials into ocean waters and controls the dumping of all other materials. Army...


or over any navigable water of the United States, the excavation from or depositing of material in such waters, or the accomplishment of any other work affecting the...


are hazardous to health, and for oils, [[Page 313]] gases, fuels or other materials capable of causing water pollution, to either surface or ground...


where necessary, treated in accordance with AR 420-46, Water and Sewerage, TB MED 229; AR 115-21, Hydrologic Services for Military Purposes and AR 115-20, Field...


be periodically surveyed and action taken to reduce water consumption wherever possible. The design and construction of new facilities and processes will consider...


minor industrial and municipal facilities such as wash racks, engine steam cleaning operations, water treatment plant backwash, swimming pool filter backwash, and other...


that all discharges of pollutants from point sources into navigable waters, (Sec. 650.53(a)(6)), will be regulated by a discharge permit. This applies to domestic...


materials into ocean waters, other than transportation of dredged material for purpose of dumping in ocean waters, are issued by the EPA. There are two types of permits, one...


or over a navigable water of the United States, the excavating from or depositing of dredged or fill material in such waters, the accomplishment of any other work affecting...


State and regional authorities does not include making application for State permits of any kind nor obtaining a water quality certification from the State for any...


works and sewage treatment works shall meet levels of proficiency consistent with operator certification requirements applicable to the State or region in which the facility...


this subpart will be taken without first obtaining a waiver of the requirement from HQDA (DAEN-ZCE) WASH DC 20310. (b) Waivers may be granted only if the President...


to investigate water pollution complaints and allegations from individuals and water pollution control authorities. In the case of a legal action or potential...


water pollution control report portion of the Environmental Protection Control Report is designed to provide HQDA with data on a phased and coordinated plan for control and...


The provisions contained in this chapter implement the Clean Air Act of 1970 (Pub. L. 91-604 as amended) and the applicable Federal and State Regulations issued pursuant to this...


the emission of pollutants into the air from both stationary and mobile sources to the lowest practicable limits, and at the earliest practicable date. Objectives...


established pursuant to the Clean Air Act, for protecting public health and welfare. (b) Emission standards. Permissible limits of emissions established by...


ensure compliance with Federal, State, interstate and local substantive air emission standards. (b) Monitor ambient air quality in the vicinity of Army...


basic policies and procedures for the identification, reporting, and programming of projects to control and monitor air pollutants emitted by Army fixed facilities and...


remedial action will be reported as specified in subpart J of this part. An example of an exhibit prepared on a facility found not to be in compliance with...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR650.87] [Page 319] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 650--ENVIRONMENTAL PROTECTION AND ENHANCEMENT (AR 200-1)--Table of Contents Subpart D--Air Pollution Abatement Sec. 650.87 References. See table 4-1 for related publications to be used in conjunction with this subpart. Standards and Procedures ...


legal basis for improving air quality and maintaining air quality for the protection of public health and welfare. Included in its provisions are the establishment of Air...


operation of fixed and mobile sources on air quality will be included in an Environmental Impact Assessment (EIA) or Environmental Impact Statement (EIS) of any Army...


controlled include--: (a) Heating plants over one million BTU per hour input. (b) Incinerators. (c) Large electrical power generating plants. (d)...


air emission are subject to Federal and State standards promulgated under the Clean Air Act. Those facilities found not in compliance with such standards are to be...


will be monitored in accordance with EPA approved State, regional or local regulations. The more common pollutants that are monitored include particulates, sulfur...


review by the EPA Regional administrator for compliance with air pollution control standards prior to the initiation of construction: (1) Large industrial...


fixed source of air pollution which exceeds applicable standards. The consent agreement must contain a compliance schedule which contains a chronological list of...


may only be requested for existing facilities. New facilities are to be designed to meet established standards. (b) Requests for exemption from the Clean Air Act...


emissions from fixed sources, it may be necessary for a State to impose controls over transportation in order to achieve national ambient air standards. Large metropolitan...


activities located in areas susceptible to air pollution episodes (smog conditions) will cooperate with local authorities in reducing air emissions during such emergency...


This chapter defines Department of the Army policy, assigns responsibilities, and establishes procedures for the management of waste and resource recovery and recycling programs...


minimize waste production and conserve natural resources. Reuse or recycling and reprocessing will be accomplished to the maximum...


include: (a) Design and procure materiel of such configuration that the end item [[Page 324]] or its components can be economically...


recycled to the maximum extent practicable. (b) The quantities of solid and other waste materials will be reduced at the source wherever possible (e.g., through the use...


Army staff responsibility for directing the Army Solid Waste Management Program and will: (1) Promulgate policies and regulations on waste reduction,...


as well as in their resource recovery and recycling programs, will meet environmental pollution standards promulgated by duly authorized Federal, State, interstate,...


(including Source Separation and Resource Recovery) will be accordance with AR 420-47. (b) ``Army installations will comply with all Federal, State,...


those requiring remedial action will be reported as specified in subpart J. An example of an exhibit prepared on a typical solid waste facility found not to be in compliance...


management. Table 5-1--Related Publications The National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 432 et seq. ...


The provisions contained in this chapter implement the requirements of the Atomic Energy Act, as amended; the Energy Reorganization Act of 1974 and the Clean Air Act,...


is to control hazardous and toxic materials to minimize hazards to health and damage to the environment. The following objectives are necessary to achieve this goal: ...


a certifying agency that a person is competent and thus authorized to use and supervise the use of restricted use pesticides. (b) Certified applicator. Any...


(a) Exercise positive management over the research, development, procurement, production, use, handling, storage and disposal of hazardous and toxic material. Priority will be given...


(1) The Inspector General and Auditor General will--(i) Exercise primary Army Staff responsibility for overall supervision of Army safety program activities as established...


those pesticides approved by and pursuant to FIFRA. Use of a pesticide other than those registered and approved for specific application in accordance with their labeling...


to pesticides in the two EPA rating system classes, highly toxic and moderately toxic (Toxicity categories I and II respectively) 39 FR 15237. Pesticides and used...


the responsibility of the US Army Health Services Command (AR 40-5). It complements the National Pesticide Monitoring Program to insure that the use of pesticides does...


(a) Pest Control Summary Report, (RCS, DD-I&L (AR) 1080). Continuing reports will be made on the use of pesticides as required by AR 420-76. (b) The Environmental...


chemical management standards in this regulation apply to all Army facilities. Storage, use, handling and disposal of hazardous chemical stocks will conform to published...


this regulation are presented as preferred methods by which the requirements of the environmental standards and the objectives of DA policies can be achieved....


to EPA for the operation, construction or modification of a source of hazardous air pollutants (asbestos, beryllium, or mercury); Federal Register April 6, 1973 (38 FR 8820)...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR650.133] [Page 335] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 650--ENVIRONMENTAL PROTECTION AND ENHANCEMENT (AR 200-1)--Table of Contents Subpart F--Hazardous and Toxic Materials Management Sec. 650.133 Monitoring. Environmental monitoring will be in accordance with requirements established in subparts C and D of this part and the NPDES. ...


the inventory, use, and disposal of hazardous chemical stocks, on recurring reports under the NPDES, and as required on accident/incident reports required by AR 385-40...


this regulation are preferred methods and apply to both existing and new Army facilities. (a) No pharmaceutical stock or its container will be disposed of in a...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR650.136] [Page 336] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 650--ENVIRONMENTAL PROTECTION AND ENHANCEMENT (AR 200-1)--Table of Contents Subpart F--Hazardous and Toxic Materials Management Sec. 650.136 Special authorizations. Policies and procedures for obtaining written approval applicable to investigative drugs in humans are outlined in AR 40-7. ...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR650.137] [Page 336] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 650--ENVIRONMENTAL PROTECTION AND ENHANCEMENT (AR 200-1)--Table of Contents Subpart F--Hazardous and Toxic Materials Management Sec. 650.137 Monitoring. Environmental monitoring will be in accordance with requirements established in subparts C and D of this part under the NPDES. ...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR650.138] [Page 336] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 650--ENVIRONMENTAL PROTECTION AND ENHANCEMENT (AR 200-1)--Table of Contents Subpart F--Hazardous and Toxic Materials Management Sec. 650.138 Reports. Installation commanders will provide reports on disposition of pharmaceutical drugs as required. Radioactive Materials, Explosives, and Chemical Warfare Agents ...


(a) Policies and procedures applicable to nuclear accidents and incidents are given in AR 40-13, AR 50-5, AR 360-5, AR 385-40, and AR 755-15. The handling, use, and disposal...


explosive ordnance materials are contained in AR 75-1, AR 75-14, AR 75-15, AR 385-60, AR 385-64, and AR 755-15 series regulations dealing with disposal of supplies...


disposal of chemical warfare agents, ammunition, and explosive materials will be in accordance with Army regulations and will be in such a manner so as not to contribute to...


The provisions contained in this chapter implement the provisions of the Noise Control Act of 1972 (Pub. L. 92-574) and Federal Regulations promulgated pursuant to this...


to control noise produced by Army activities to protect the health and welfare of its members and the public within, adjacent to, and surrounding Army installations. The...


Policy decisions and administrative actions taken to regulate the conduct of training, operations and activities for the purpose of relocating, rescheduling, or...


all DOD and applicable Federal, State and local noise control standards promulgated pursuant to the Noise Control Act in the planning, siting, design, construction and...


(1) The Chief of Engineers will--(i) Promulgate basic policies, guidance and regulations for the control of environmental noise produced by military equipment (aircraft,...


requiring remedial action will be reported as specified in subpart J of this part. An example of an exhibit prepared on a typical environmental noise control project is...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR650.167] [Page 344] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 650--ENVIRONMENTAL PROTECTION AND ENHANCEMENT (AR 200-1)--Table of Contents Subpart G--Environmental Noise Abatement Sec. 650.167 References. See table 7-1, for related publications to be used in conjunction with this subpart. Standards and Procedures ...


the health and welfare of Department of the Army personnel and members of civilian communities adjacent to military installations. Consequently it is necessary to assess...


are applicable to both existing and new Army facilities. (b) Army facilities and activities will comply with applicable Federal, State, interstate and local...


is located on Army- controlled property will be included in an EIA or an EIS of any Army proposed action. Analyses of such significant sources of environmental noise...


by military activities that may require some form of noise control include-- (a) Aircraft operations and training. (b) Vehicles (combat and noncombat) operations...


noise can normally be achieved by applying singly or in combination noise reduction at the source, altering the path of noise, and noise reduction at the receptor...


judging the severity of environmental noise impacts, citizen complaints may be indicators of situations where noise control measures will be necessary. Such complaints...


Act of 1972 (Pub. L. 92-574), the US Environmental Protection Agency is responsible for administering a national program for the development of low-noise-emission...


or waiver of a Federal or State noise standard will be forwarded through channels to HQDA (DAEN-ZCE) WASH DC 20310 who will take appropriate action to obtain OSD...


This chapter sets forth guidance and procedures to be used by the Department of the Army in the implementation of Executive Order 11593, ``Protection and Enhancement of the...


preservation, restoration, or rehabilitation all sites, structures and objects of historical, architectural, archeological, or cultural significance located...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR650.183] [Page 347] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 650--ENVIRONMENTAL PROTECTION AND ENHANCEMENT (AR 200-1)--Table of Contents Subpart H--Historic Preservation Sec. 650.183 References. Related publications which should be used in conjunction with this regulation are contained in table 8-1. ...


89-665) establishes a national policy for historic preservation stating ``that the historical and cultural foundations of the nation should be preserved as a living part of...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR650.185] [Page 348] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 650--ENVIRONMENTAL PROTECTION AND ENHANCEMENT (AR 200-1)--Table of Contents Subpart H--Historic Preservation Sec. 650.185 Definitions. Definitions as used in these procedures are contained in Sec. 800.3, 36 CFR part 800 (appendix). ...


Army staff responsibility for directing and coordinating a Preservation Program for Army-controlled historic properties. The Chief of Engineers will-- (1)...


of historic properties under Army control or jurisdiction will be accomplished in accordance with the standards and procedures established by the Secretary of the...


Procedures for preparing nomination forms for Army controlled properties which appear to qualify for listing in the National Register of Historic Places are contained in...


the requirements for historic properties will be accomplished through regular programing/budgeting channels. (b) Historic properties in the Army Family Housing inventory will...


a functional part of Army installations or are so located that their disposal or outleasing is impractical will be preserved and maintained by the installation commander....


contains the review requirements of section 106 of Pub. L. 89-665 and Executive Order 11593 is 36 CFR part 800, Procedures for the Protection of Historic and...


authority of 16 U.S.C. 432, may issue archeological permits on Army-controlled installations after referral of the permit application to the Smithsonian Institution for...


historic properties under the National Historic Landmark Program. Designation of a National Historic Landmark automatically places the property in the National...


General This chapter sets forth the procedures for the control of discharges of oil and hazardous substances under the Federal...


The Department of the Army goal, in support of national policy, is to prevent the discharge of oil and hazardous substances and to provide for the prompt,...


terms. For the purpose of this regulation and AR 500-60, the following apply-- (a) Advisory agencies. Departments or agencies which can make major...


(a) A capability will be established and maintained to respond in emergency situations to promptly contain and clean up accidental DA- caused oil discharges and spills...


(a) The willful discharge of oil, petroleum products or hazardous and toxic substances from installations, vehicles, aircraft, and watercraft onto land...


(a) Department of the Army Staff. (1) The Chief of Engineers will--(i) Promulgate basic policies and procedures for Department of the Army implementation of...


See table 9-1 for related publications to be used in conjunction with this subpart. Spill Prevention Control and...


Regulations have been issued by the U.S. Environmental Protection Agency (EPA), as required by the Federal Water Pollution Control Act (FWPCA) amendments of 1972, to...


implementation of plan. (a) An SPCC plan will be prepared expeditiously by each installation having oil or hazardous substances storage facilities as required in...


Each SPCC plan will be-- (a) Reviewed by a registered professional engineer (PE) and certified to have been prepared in accordance with good...


requirements. As a minimum, the SPCC plan will contain-- (a) A detailed description of the equipment and measures specified for oil spill prevention, control,...


In addition to the minimum prevention measures (Sec. 650.211), sections of the SPCC plan will include a written analysis and complete discussion of conformance...


A National Oil and Hazardous Substances Pollution Contingency Plan was developed in accordance with the provisions of the Federal Water Pollution Control Act (FWPCA)...


requirements. As a minimum the ISCP will contain-- [[Page 361]] (a) The name, responsibilities and duties of the IOSC. The IOSC is the...


In the event of any spill, responsive actions will be taken to prevent oil and hazardous substances from entering any navigable waters or water supplies. All personnel...


(RCS EPA 1001). (a) Medium and major spills (Sec. 650.203) and any discharge of more than 1,000 U.S. gallons of oil or a spill of more than 500 U.S. gallons...


support provided to control non-DA spills. Reports on the commitment of Army resources to spills, either requested by EPA or USCG, or by authority of the installation...


(a) Policies and procedures applicable to nuclear accidents and incidents as outlined in AR 360-5, AR 50-5, and AR 40-13 are not affected by this regulation. ...


Purpose. General (a) This chapter provides reporting procedures to be followed within the Department of the Army to...


Explanation of terms. (a) The terms used herein will be the same as those defined in chapter 1. (b) The term ``project'' will mean an action to achieve...


Applicability. Each active, semiactive and Army Reserve installation operated by or for the Department of the Army, and National Guard facilities/sites supported by...


Scope. (a) The report described herein consists of one exhibit to be prepared at the installation or activity level and two exhibits to be prepared at the major...


Responsibilities. (a) Department of the Army Staff. (1) The Chief of Engineers will compile the overall DA report based on submissions from major commands and the...


Exhibit 1--Proposed Project. (a) An Exhibit 1 will be prepared and maintained current for all known pollution control projects using the format in Figure 10-1 and...


Exhibit 2--Status Report. (a) Exhibit 2 is a command report which provides a financial summary of the projects in the program and their status. A separate Exhibit 2...


Exhibit 2--Status Report. (a) Exhibit 2 is a command report which provides a financial summary of the projects in the program and their status. A separate Exhibit 2...
...


of 1969 (NEPA), setting forth the Army's policies and responsibilities for the early integration of environmental considerations into planning and decision-making. ...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR651.2] [Page 380] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 651--ENVIRONMENTAL ANALYSIS OF ARMY ACTIONS (AR 200-2)--Table of Contents Subpart A--Introduction Sec. 651.2 References. Required and related publications and referenced forms are listed in Appendix A of this part. ...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR651.3] [Page 380] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 651--ENVIRONMENTAL ANALYSIS OF ARMY ACTIONS (AR 200-2)--Table of Contents Subpart A--Introduction Sec. 651.3 Explanation of abbreviations and terms. Abbreviations and special terms used in this part are explained in the glossary in Appendix F of this part. [[Page 381]] ...


Environment) (ASA(I&E)). ASA(I&E) is designated by the Secretary of the Army (SA) as the Army's responsible official for NEPA policy, guidance, and oversight. In...


the protection of the environment and provides a flexible framework for balancing the need for environmental quality with other essential societal functions, including...


appropriate resources (funds and manpower). The proponent, in coordination with the appropriate NEPA program manager, shall determine what proposal requires...


delegation authority and responsibility for an EA of national concern or an EIS from ASA(I&E). The proponent, through the appropriate chain of command, and with the concurrence...


shall be retained by the proponent's office for a minimum of six years after signature of the FNSI/ROD or the completion of the action, whichever is...


of possible and probable environmental consequences of implementing a proposed action. Integration of the NEPA process with other Army projects and...


general types of proposed actions requiring environmental impact analysis under NEPA, unless categorically excluded or otherwise included in existing NEPA documentation, include: ...


the five broad categories into which a proposed action may fall for environmental review: (a) Exemption by law. The law must apply to DOD and/or the Army and must...


(a) The flow chart shown in Figure 1 summarizes the process for determining documentation requirements, as follows: [[Page 396]] [GRAPHIC] [TIFF...


analyses involving classified information, AR 380-5 (Department of the Army Information Security Program) will be followed. (b) Classification does not relieve a...


The Army goal is to concurrently integrate environmental reviews with other Army planning and decision-making actions, thereby avoiding delays in mission accomplishment....


environmental analysis process, the proponent will consider mitigation measures to avoid or minimize environmental harm. Mitigation measures include: (1) Avoiding the...


effects, which are the impact on the environment resulting from the incremental impact of the action when added to other past, present, and reasonably foreseeable...


to Address Environmental Justice in Minority and Low-Income Populations, 11 February 1994, 3 CFR, 1994 Comp., p. 859) requires the proponent to determine whether...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR651.18] [Page 406] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 651--ENVIRONMENTAL ANALYSIS OF ARMY ACTIONS (AR 200-2)--Table of Contents Subpart C--Records and Documents Sec. 651.18 Introduction. NEPA documentation will be prepared and published double-sided on recycled paper. The recycled paper symbol should be presented on the inside of document covers. ...


(REC) is a signed statement submitted with project documentation that briefly documents that an Army action has received environmental review. RECs are prepared for...


decision-making. While required to assess environmental impacts and evaluate their significance, it is routinely used as a planning document to evaluate environmental...


(FNSI) is a document that briefly states why an action (not otherwise excluded) will not significantly affect the environment, and, therefore, that an EIS will not be...


EIS will be prepared. The NOI will briefly: (a) Describe the proposed and alternative actions. (b) Describe the proposed scoping process, including when and where...


is a detailed written statement required by NEPA for major federal actions significantly affecting the quality of the human environment (42 U.S.C. 4321). A more...


in 40 CFR 1502.9(c), proposed actions may require review of existing NEPA documentation. If conditions warrant a supplemental document, these documents are processed in...


the Army to inform the public and others that a NEPA document is available for review. A NOA will be published in the FR, coordinating with EPA for draft and final...


summarizing the findings in the EIS and the basis for the decision. A public ROD is required under the provisions of 40 CFR 1505.2 after completion of an EIS (see...


EIS, are useful to examine impacts of actions that are similar in nature or broad in scope. These documents allow the ``tiering'' of future NEPA documentation in cases where...


actions with no individual or [[Page 409]] cumulative effect on the human or natural environment, and for which neither an EA nor an EIS is required. The use of a...


CX, the proponent must satisfy the following three screening conditions: (1) The action has not been segmented. Determine that the action has not been segmented to meet...


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR651.30] [Page 410] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 651--ENVIRONMENTAL ANALYSIS OF ARMY ACTIONS (AR 200-2)--Table of Contents Subpart D--Categorical Exclusions Sec. 651.30 CX actions. Types of actions that normally qualify for CX are listed in Appendix B of this part. ...


review and modification, in consultation with CEQ. Additional modifications can be implemented through submission, through channels, to ASA (I&E) for consideration...


informed decision-making, helping proponents and other decision makers understand the potential extent of environmental impacts of a proposed action and its...


require an EA, unless they qualify for the use of a CX: (a) Special field training exercises or test activities in excess of five acres on Army land of a nature...


(a) Signature (Review and Approval) page. (b) Purpose and need for the action. (c) Description of the proposed action. (d) Alternatives considered....


to prepare an EIS. Initiation of an NOI to prepare an EIS should occur at any time in the decision process when it is determined that significant effects may occur as a result...


and individuals in the development of EAs and EISs enhances collaborative issue identification and problem solving. Such involvement demonstrates that the Army...


reference will be available for public review. Where possible, use of public libraries and a list of POCs for supportive documents is encouraged. A depository should be...


ensure that the described setting, actions, and effects remain substantially accurate, the proponent or installation Environmental Officer is encouraged to periodically...


impacts to the environment, an EIS is prepared to provide more comprehensive analyses and conclusions about the impacts. Significant impacts of socioeconomic...


ensure that NEPA policies and goals are incorporated early into the programs and actions of federal agencies. An EIS is intended to provide a full, open, and balanced...


or approving authority determines that the proposed action has the potential to: (a) Significantly affect environmental quality, or public health or safety. ...


an EIS: (a) Significant expansion of a military facility or installation. (b) Construction of facilities that have a significant effect on wetlands, coastal...


(300 pages for very complex proposals), and must contain the following (detailed content is discussed in Appendix E of this part): (a) Cover sheet. ...


effects on the human environment, and there is incomplete or unavailable information, the proponent will ensure that the EIS addresses the issue as follows: ...


the formal scoping process and is prepared by the proponent. (1) Prior to preparing an EIS, an NOI will be published in the FR and in newspapers with appropriate...


a separate EIS. The proponent may extract and revise the existing environmental documents in such a way as to bring them completely up to date, in light of the new...


involvement is required for all EISs, and is strongly encouraged for all Army actions, including EAs. The requirement (40 CFR 1506.6) for public involvement...


intended to aid in determining the scope of the analyses and significant issues related to the proposed action. The process requires appropriate public...


or office identifies, as early as possible, how it will accomplish scoping and with whose involvement. Key points will be identified or briefly summarized by...


the process, the proponent will invite comments from all affected parties and respondents to the NOI to assist in developing issues for detailed discussion in the EIS. Assistance...


by the proponent during and after the public interaction phase of the process. Detailed analysis should focus on significant issues (40 CFR 1501.7(a)(2)). To determine...


develop graphic or other innovative methods to aid information gathering, presentation, and transfer during the three scoping phases. These include methods for presenting...


exists between a decision to prepare an EIS and the time of preparation, the proponent will initiate the NOI at a reasonable time in advance of preparation of the DEIS. The NOI...


an Army priority, no matter where the Army actions are undertaken. The Army is committed to pursuing an active role in addressing environmental quality issues in Army...


of this part may be used in reviewing potential environmental impacts of major actions abroad and in the global commons, in accordance with DODD 6050.7 (or DODI upon...


of this part may be used in reviewing potential environmental impacts of major actions abroad and in the global commons, in accordance with DODD 6050.7 (or DODI upon...
...


radiation sources by non-Army agencies (including civilian contractors) on an Army installation. Approval of the installation commander is required to obtain an Army...


by off-road vehicles, and to prescribe appropriate operating conditions for use of such vehicles. This regulation implements DOD Directive 6050.2, August 21, 1974,...


the Department of the Army by administrative jurisdiction in accordance with a public lands withdrawal, lease, or similar instrument, under the following conditions...


motorized vehicle designed primarily for, or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland, or...


are not impaired. (b) The natural resources and environmental values are protected. (c) Safety and accident prevention is given a paramount consideration. ...


enhance environmental quality, conserve natural resources, and provide opportunities for outdoor recreation. However, it must be recognized that land under Army control...


prescribing operating conditions for ORV's which are designed to protect resource values, preserve public health, safety and welfare, and minimize use conflicts....


[Code of Federal Regulations] [Title 32, Volume 4] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR656.7] [Page 448] TITLE 32--NATIONAL DEFENSE CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED) PART 656--INSTALLATIONS, USE OF OFF-ROAD VEHICLES ON ARMY LAND--Table of Contents Sec. 656.7 Environmental considerations. The environmental and related impacts of ORV use will be assessed in accordance with AR 200-1. Coordination with adjacent private and public landowners and managers will be included in the assessment process. ...


be designated for one or more types of ORV use in response to a demonstrated need providing there is sufficient suitable area available. (2) Lands which may not...




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