[Title 32 CFR 643]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 32 - NATIONAL DEFENSE]
[Subtitle A - Department of Defense (Continued)]
[Chapter V - DEPARTMENT OF THE ARMY (CONTINUED)]
[Subchapter J - REAL PROPERTY]
[Part 643 - REAL ESTATE]
[From the U.S. Government Printing Office]
32NATIONAL DEFENSE42002-07-012002-07-01falseREAL ESTATE643PART 643NATIONAL DEFENSEDepartment of Defense (Continued)DEPARTMENT OF THE ARMY (CONTINUED)REAL PROPERTY
PART 643--REAL ESTATE--Table of Contents
Subpart A--General
Sec.
643.1 Purpose.
643.2 Applicability.
643.3 Authority to grant use of real estate.
643.4 Responsibilities of the Chief of Engineers (COE).
643.5 Responsibilities of major commands (MACOMS) and special staff
agencies.
643.6 Responsibilities of overseas commanders.
643.7 Preparation of report of availability.
643.8 Approval of report of availability.
643.9 Approval of availability outside the United States.
643.10 Reports to DOD and the congressional committees on Armed
Services.
643.11 Rights of entry.
643.12 Preparation and signing of instruments.
643.13 Military requirement for real estate under grant.
643.14 Inspection to assure compliance with terms of outgrants.
643.15 Unauthorized use.
Subpart B--Policy
643.21 Policy--Surveillance.
643.22 Policy--Public safety: Requirement for early identification of
lands containing dangerous materials.
643.23 Policy--Preference.
643.24 Policy--Competition.
643.25 Policy--Grants which may embarrass the Department of the Army.
643.26 Policy--Commercial advertising on reservations.
643.27 Policy--Environmental considerations.
643.28 Policy--Historic and cultural environment.
643.29 Policy--Archeological surveys.
643.30 Policy--Construction projects and activities; protection of
historical and archeological data.
643.31 Policy--Flood hazards.
643.32 Policy--Endangered species.
643.33 Policy--Costal zone management.
643.34 Policy--Public utilities on installations.
643.35 Policy--Mineral leasing on lands controlled by the Department of
the Army.
643.36 Policy--Interim leasing of excess properties to facilitate
economic readjustment.
643.37 Policy--Requests to search for treasure trove.
643.38 Policy--Utility rates.
643.39 Policy--American National Red Cross.
643.40 Policy--Young Men's Christian Association (YMCA).
643.41 Policy--National Guard use.
643.42 Policy--Consents for crossing of rights-of-way and similar
interests owned by the United States.
Subpart C--Leases
643.51 Additional items concerning leasing.
643.52 Term.
643.53 Consideration.
643.54 Receipts.
643.55 Mandatory revocation clause in lease.
643.56 Taxation of lessee's interest.
643.57 Subleasing or assignment.
Subpart D--Licenses
643.71 Additional items concerning licenses.
643.72 License.
643.73 Term.
643.74 Consideration.
Subpart E--Easements
643.81 Additional items concerning easements.
643.82 Term.
643.83 Consideration.
643.84 Easement--Grantees relocate or replace needed facilities.
643.85 Easement grantees--Payment for removal or destruction of
unneeded improvements.
643.86 Easements for various purposes with relinquishment of
legislative jurisdiction.
Subpart F--Permits
643.101 Additional items concerning permits.
643.102 Permit.
643.103 Term.
643.104 Consideration.
Subpart G--Additional Authority of Commanders
643.111 Additional authority.
643.112 Army exchange activities.
643.113 Banks.
643.114 Civil disturbances.
643.115 Contractors--Permission to erect structures.
643.116 Credit unions.
643.117 Hunting, trapping, and fishing.
643.118 Nonappropriated funds--Authority to permit erection of
structures.
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643.119 Licenses incidental to post administration.
643.120 Post offices.
643.121 Private organizations on DA installations.
643.122 Reserve facilities--Air Force and Navy use.
643.123 Reserve facilities--Local civic organizations.
643.124 Rights-of-way for ferries and livestock.
643.125 Trailer sites.
643.126 Transportation licenses.
643.127 Quarters.
643.128 Veterans' conventions.
643.129 Youth groups.
643.130 Joint carrier Military Traffic Offices (JAMTO, JBMTO, JRMTO,
SAMTO).
Authority: 10 U.S.C. 2667.
Source: 43 FR 29748, July 10, 1978, unless otherwise noted.
Subpart A--General
Sec. 643.1 Purpose.
(a) This regulation sets forth the authority, policy,
responsibility, and procedure for making military real estate, under the
control of the Department of the Army, available for use by other
military departments, Federal agencies, State and local governmental
agencies, private organizations or individuals.
(b) This regulation implements Department of Defense Directives and
Instructions (4165 series), which include policies and procedures
concerning use of military real estate.
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.
Sec. 643.3 Authority to grant use of real estate.
(a) The United States Constitution (Article IV, Section 3), provides
that the 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 the principal authorities for the use of military real
estate for commercial purposes is title 10 U.S.C., section 2667, which
authorizes the Secretary of the Army (SA), whenever it is considered to
be advantageous to the United States, to lease such real or personal
property under Army control, which is not for the time needed for public
use, upon such terms and conditions as the SA considers will promote the
national defense or be in the public interest.
(c) Grants under statutory authorities cited in this regulation of
real property pertaining to river and harbor, water resource development
and flood control projects, will be under the policies and general
guidelines set forth in this regulation.
(d) The SA may, under the general administrative powers vested in
the office, authorize the use of real estate in the absence of statutory
authority, in unusual circumstances, provided the property is not for
the time being required for public use, the grant conveys no interest in
the real estate and the proposed use will be of a direct benefit to the
United States. Under this authority, the right to use real estate may
also be granted to other military departments or Federal agencies.
(e) Except as otherwise provided in this regulation, an interest in
real estate will not be granted unless authorized by law.
(f) Other laws authorizing grants for non-Army use of real estate
for various purposes and Table of Related Army Regulations are set forth
in appendixes A and B, respectively.
Sec. 643.4 Responsibilities of the Chief of Engineers (COE).
(a) After it is determined that real estate located in the United
States, 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 with responsibility for arranging for the
use of real estate within the scope of this regulation. In the
performance of this function, the COE is authorized to obtain such
technical assistance from the using service as may be deemed necessary.
(b) COE has staff responsibility over real estate matters in Guam,
American Samoa, Trust Territory of the Pacific Islands (TTPI), and in
foreign countries.
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(c) Except as otherwise provided in this regulation, determinations
that real estate is available for non-Army use must be approved by the
COE.
(d) The authority of the COE to grant use of real estate will be
delegated, to the extent feasible, to U.S. Army Division and District
Engineers (DE).
(e) The COE is responsible for the granting of temporary use of real
estate reported excess to the General Services Administration (GSA), to
the extent authorized by regulations issued pursuant to the Federal
Property and Administrative Services Act of 1949, as amended (40 U.S.C.
471, et seq.), and as provided in title 10 U.S.C., section 2667(f). The
COE is also responsible for supervision and the issuance of instructions
covering the granting of use of real estate within the scope of this
regulation. Where Army or installation commanders are authorized to
grant use of real estate, they are authorized to obtain technical
assistance from the appropriate DE.
(f) In reviewing Army requirements for real estate (AR 405-10), the
COE will consider the availability and adequacy of other military or
federally-owned real estate to satisfy Army requirements before leasing
privately-owned real estate, or renewing existing leases.
Sec. 643.5 Responsibilities of major commands (MACOMS) and special staff agencies.
Except as otherwise provided herein, determinations of 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 made available for non-Army use, specifying the authorized uses of
the property which will not be incompatible with military requirements
for the property, the length of the term and any restrictions to be
imposed on the grantee's use. Upon approval of the determination of
availability, the real estate grant will be issued by the DE or as
otherwise provided in this regulation.
Sec. 643.6 Responsibilities of overseas commanders.
Overseas commanders are charged with responsibility for the granting
of use 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 the policy and guidance
expressed in this regulation, provided such use is consistent with the
Status of Forces Agreements, Treaties, or the Agreements under which the
Army controls such real estate.
Sec. 643.7 Preparation of report of availability.
A report of availability will be prepared by the installation
commander or 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 the Army, or
exclusively, for use by another military department, by other Federal
agencies, by State or local governmental agencies, private organizations
or individuals. The installation commander's recommendation will be made
as far in advance as possible so as to minimize the time lapse between
the determination of availability and the date of use of the property by
the grantee. Where real estate suitable for agricultural or grazing
purposes is involved, the normal season for planting and grazing should
be taken into consideration so that the property may be advertised in a
timely manner. A copy of each report will be furnished to the
appropriate DE for information. The report of availability will contain
the information outlined in appendix C.
Sec. 643.8 Approval of report of availability.
The recommendation that real estate is determined available for non-
Army use 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 submit it to the
appropriate DE for action, except recommendations involving the
following actions will be forwarded to the COE:
(a) A lease or license, including licenses to States for National
Guard purposes, if the estimated annual rental value exceeds $50,000.
[[Page 90]]
(b) A permit, license, or other grant of real estate, regardless of
value, which results in a significant reduction or redirection of
installation mission objectives;
(c) A lease of land where the proposed lease term is in excess of 25
years for banks and Federal credit untions and/or the building to be
constructed exceeds DOD space criteria;
(d) Any permit, license, agreement, or other grant to another
military department or to a Federal agency of large or significant real
estate holdings for a period in excess of 5 years (including renewal
options);
(e) A grant of an easement which involves the replacement or
relocation of Army facilities at an estimated cost in excess of
$100,000;
(f) A grant of an easement where the estimated annual fair market
value of the easement exceeds $50,000.
(g) A grant which is controversial or unusual in nature and may
embarrass the DA;
(h) A grant involving search for treasure trove;
(i) A grant for vehicle speed contests;
(j) A grant at an active industrial installation, excluding
unimproved land areas.
Note: The Commander, U.S. Army Materiel Development & Readiness
Command (DARCOM), is authorized to approve determinations of
availability at standby industrial installations where the estimated
annual rental value does not exceed $50,000.
Sec. 643.9 Approval of availability outside the United States.
Overseas commanders may authorize the use by another military
department 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 for Army purposes or its
concurrent use for other purposes will not interfere with the mission of
the installation and such other use is not inconsistent with the
agreement under which the property was acquired. Overseas commanders may
also authorize any use of such property which is necessary in the
accomplishment of the DA mission for which the property was acquired.
All other proposed uses will be coordinated with the United States
diplomatic mission in the country involved prior to submission to HQDA
(DAEN-REM) WASH DC 20314, for approval. Where the overseas commander is
authorized to approve such use, the commander or designee will prepare
and execute the necessary grant.
Sec. 643.10 Reports to DOD and the congressional committees on Armed Services.
(a) The grants set forth in 1-8a. through f., with 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 of Defense (I&L), and recommendations should contain
information in justification thereof.
(b) The grants set forth in 1-8a., with respect to real estate in
the United States and in designated overseas areas (excluding the Canal
Zone), except leases for agricultural or grazing purposes, require a
report to the Committees on Armed Services of the Senate and House of
Representatives as provided in title 10 U.S.C., section 2662.
Sec. 643.11 Rights of entry.
Pending the signing of the formal instrument, no right of entry will
be granted unless authorized by 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 by
the DE, or overseas commander, as appropriate.
Sec. 643.12 Preparation and signing of instruments.
Instuments granting temporary use of real estate will be prepared as
provided in 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 SA; otherwise they will be
prepared and submitted for execution by direction of the appropriate
Assistant Secretary of the Army.
Sec. 643.13 Military requirement for real estate under grant.
When a military requirement arises for real estate which is being
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 the property available for non-Army
use. The office responsible for effecting temporary use of the property
should be promptly notified of the withdrawal of availability for non-
Army use and the latest date the property will be required for military
purposes. Termination of the use will be in accordance with the
provisions of the grant unless military necessity requires other action.
In order to avoid possible claims for damages and in the interest of
good community relations and in furtherance of the Army's leasing
program, the grantee will be allowed, when practicable, a reasonable
time after notice of revocation, to vacate the premises, remove his
property and, if required, restore the premises. In controversial cases,
or where a claim for damages or litigation is anticipated, HQDA (DAEN-
REM) WASH DC 20314, will be notified of the circumstances prior to
sending notification of termination of the grant to the grantee.
Sec. 643.14 Inspection to assure compliance with terms of outgrants.
Commanders will provide general surveillance over areas made
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 least once each year by the COE, or by his
representative, to determine whether grantees or occupants are complyng
with the terms of the instruments authorizing use and occupancy, except
with respect to easements and licenses for rights-of-way for roads,
streets, powerlines, pipelines, underground communication lines and
similar facilities. The COE will make compliance inspections for such
easements and licenses at least once during each 5-year period. However,
the DE will check with installation commanders annually to assure that
there are no situations which might need correction prior to the
inspection. The installation commander will make interim inspections of
all real estate being used for non-military purposes as are necessary
for timely observation of the extent of compliance with grant provisions
designed to protect and preserve the real estate for military
requirements, and will furnish the appropriate DE a copy of a written
report of the inspection reflecting findings and recommendations. In
order that the grantee's operations not be unreasonably disrupted, the
annual compliance inspection made by the DE will be coordinated with the
installation commander so that, if feasible, only one inspection will be
made. Where necessary, corrective action in accordance with applicable
regulations will be taken for the enforcement of the terms of the grant
by the responsible officer who granted the use. Overseas commanders are
responsible for inspection of real estate under their jurisdiction and
necessary corrective action.
Sec. 643.15 Unauthorized use.
Whenever it is observed that real estate under the control of the DA
is being used and/or occupied 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 an
appropriate grant in accordance with this regulation. In either event,
compensation will be obtained for the unauthorized use of such property.
Subpart B--Policy
Sec. 643.21 Policy--Surveillance.
Installation Commanders will maintain constant surveillance over
real estate under 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 Army purposes and will
process such determinations expeditiously in accordance with the
provisions of this regulation. From time to time DOD, DA and GSA surveys
will be made pursuant to Executive Order 11954, 7 January 1977, which
enunciated a uniform policy for the Executive Branch of the Federal
Government with respect to the identification of excess and under-
utilized real estate (AR 405-70). Real estate for which is retained for
future use will be a requirement which will be disposed of in accordance
with AR 405-90. Real estate
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which the Army does not currently need but which is retained for future
use will be made available to others for use either exclusively or
concurrently with the Army. When an installation is in an inactive
status, the presumption is that it is available for other military or
Federal use or for leasing unless there are cogent reasons that such
action should not be taken. The purpose of this rule is to put to
beneficial use Federal property, which is not for the time required for
its basic use, for the benefit of other Federal agencies, the local
economy, or for the benefits accruing to the United States from the
income and/or savings of maintenance, protection, repair, or
restoration.
Sec. 643.22 Policy--Public safety: Requirement for early identification of lands containing dangerous materials.
(a) DA will not 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 been removed or
have been rendered harmless, unless the proposed user of the area is
aware of the condition of the area and is technically qualified and
certified to make use of the area in its contaminated state.
(b) It is imperative that commanders keep records on and have a
continuing awareness of the state of contamination of lands by
explosives, military chemical or other dangerous materials.
(c) Procedures with respect to action to neutralize or decontaminate
the area are set forth in AR 405-90.
Sec. 643.23 Policy--Preference.
Army real estate under the control of DA which is made available for
use for other than Army 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 governmental bodies
and other private parties, in that order.
Sec. 643.24 Policy--Competition.
The use of real estate under the control of DA for private purposes
will be granted only after 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 indirectly in
obtaining offers on a competitive basis. Advertising may be accomplished
by circulating and posting notices and by paid advertising in newspapers
and trade journals. The purpose of seeking competition is to afford all
qualified persons equal opportunity to bid for the use of the property,
to secure for the Government the benefits which flow from competition,
and to prevent criticism that favoritism has been shown by officers or
employees of the Government in making public property available for
private use. Although the lease of Government real estate to civilians
employed by the military departments or officers or enlisted personnel
of the Armed Forces is not prohibited by law, it is essential that
extreme care be exercised to avoid favoritism or the appearance of
favoritism. Generally leases to Federal Government personnel will be
granted only after competitive bid under the sealed bid method. The
provisions of this paragraph do not affect the authority contained in AR
210-10 and 210-50 for furnishing quarters to civilian employees of DA.
Also the provisions of this paragraph do not affect the use of Federal
facilities by uniformed personnel as may be otherwise provided for.
Other exceptions to the advertising policy are as follows:
(a) Granting easements, leases and licenses to public agencies and
public utilities.
(b) Granting permits to other Federal agencies.
(c) Leasing cable pairs.
(d) Leases or licenses to utility companies having an exclusive
franchise in the area, for space on Government-owned poles for attaching
their electric transmission communication lines.
(e) COE is authorized to grant a waiver of competition upon a
determination that it will promote the national defense or will be in
the public interest or upon a determination that competition is
impracticable.
[[Page 93]]
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.
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.
Sec. 643.27 Policy--Environmental considerations.
DA will not authorize the use of real estate, water and other
natural resources 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 procedures to enhance the
overall environmental quality.
(a) National Environmental Policy Act of 1969 (NEPA), (42 U.S.C.
4321), (AR 200-1, chapters 1 and 2).
(b) National Historic Preservation Act of 1966 (Pub. L. 89-665, 16
U.S.C. 470-47M, 1970), as amended by 16 U.S.C. 470h, 470i, 470l-470n,
Supp. 1973).
(c) Federal Water Pollution control Act of 1972, as amended.
(d) Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(e) Coastal Zone Management Act of 1972 (16 U.S.C. 1451).
(f) Clean Air Act of 1970, as amended, (42 U.S.C. 1857), (AR 200-1,
chapter 4).
(g) Marine Protection, Research and Sanctuaries Act of 1972 (16
U.S.C. 1431), (AR 200-1, chapter 3).
(h) Solid Waste Disposal Act, as amended (42 U.S.C. 3251), (AR 200-
1, chapter 6).
(i) Federal Insecticide, Fungicide and Rodenticide Act, as amended
by the Federal Environmental Pesticide Control Act of 1972 (7 U.S.C.
136), (AR 200-1, chapter 6).
(j) Noise Control Act of 1972 (42 U.S.C. 4901), (AR 200-1, chapter
7).
Sec. 643.28 Policy--Historic and cultural environment.
(a) Executive Order 11593, 36 Federal Register 8921 (Appendix D)
provides in part that the Federal Government shall provide leadership in
preserving, restoring and maintaining the historic and cultural
environment of the Nation; that Federal agencies shall:
(1) Administer the cultural properties under their control in a
spirit of stewardship and trusteeship for future generations;
(2) Initiate measures necessary to direct their policies, plans and
programs in such a way that federally owned sites, structures and
objects of historical, architectural, or archeological significance are
preserved, restored and maintained for the inspection and benefit of the
people; and
(3) In consultation with the Advisory Council on Historic
Preservation (16 U.S.C. 470i) institute procedures to assure that
Federal plans and programs contribute to the preservation and
enhancement of non-federally owned sites, structures and objects of
historical, architectural, or archeological significance (AR 200-1,
chapter 8 and App. A).
(b) Outgrants will include conditions to assure protection of real
estate as contemplated in paragraph (a) of this section.
Sec. 643.29 Policy--Archeological surveys.
The SA under the authority of 16, 432, may allow the examination of
ruins, the excavation of archeological sites, and the gathering of
objects of antiquity upon Army lands by institutions which are deemed
properly qualified to conduct such examinations, excavations, and
gatherings (AR 200-1, chapter 8).
Sec. 643.30 Policy--Construction projects and activities; protection of historical and archeological data.
The Archeological and 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 construction
projects or in connection with any federally licensed activities or
programs.
[[Page 94]]
Sec. 643.31 Policy--Flood hazards.
Each Determination of Availability Report will include an evaluation
of the flood hazards, if 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 of lands in flood
plains for habitation purposes or any other use which may be
uneconomical, hazardous, or unnecessary.
Sec. 643.32 Policy--Endangered species.
The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.),
declares the intention of 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 must utilize
their authorities in furtherance of its purposes by carrying out
programs for the conservation of endangered or threatened species, and
by taking such necessary action to insure that any action authorized by
that agency will not jeopardize the continued existence of such
endangered or threatened species or result in the destruction or
modification of habitat of such species which is determined by the
Secretaries of the Departments of Commerce or Interior, as appropriate,
to be critical.
Sec. 643.33 Policy--Coastal zone management.
(a) The Coastal Zone Management Act of 1972 (16 U.S.C. 1456),
directs all Federal 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 extent
practicable, consistent with approved state management programs. The
opinion of the Attorney General of the United States is that Federal
lands are excluded from mandatory compliance with the state's coastal
zone management program, regardless of the type of Federal jurisdiction
exercised thereover. However, it is Army policy that its activities will
comply, to the extent practicable, with a state's approved coastal zone
management program.
(b) Applications for grants for use of real estate affecting land or
water uses in the coastal zone of a state will include a certification
that the proposed activity complies with the state's approved program
and that applicant's activity will be conducted in a manner consistent
with the law.
(c) An activity affecting land or water uses in the coastal zone of
a state which will not be conducted in a manner consistent with an
approved state program will be exempted from this certification
requirement only if the Secretary of Commerce, on his own initiative or
upon appeal of the applicant, determines that the activity is consistent
with the objectives of the Coastal Zone Management Act or is otherwise
necessary in the interest of national security.
Sec. 643.34 Policy--Public utilities on installations.
(a) Contracting officers, with the approval of Installation
Commanders, are 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 such extension is
necessary solely to serve the installation and not in part to serve
private consumers outside the installation. The above authorization is
covered by the provisions of the contract for purchase of utilities
services contained in Armed Services Procurement Regulations.
(b) Contracts or agreements for the sale of surplus utilities
services as authorized by law or regulations will include similar
authority for the purchaser to install and maintain such facilities on
the installation as necessary in connection with the sale of such
utilities services, in accordance with AR 420-41 and AR 105-23.
Sec. 643.35 Policy--Mineral leasing on lands controlled by the Department of the Army.
(a) Acquired lands--(1) General. The 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
Interior (SI), with the consent of the Secretary of
[[Page 95]]
Defense, to lease deposits of coal, phosphate, oil, oil shale, gas,
sodium, potassium and sulfur which are within acquired lands of the
United States which have been set aside for military or naval purposes.
The consent requirement is to insure the adequate utilization of the
lands for the primary purposes for which they have been acquired or are
being administered. Leasing is subject to the same conditions as
contained in the leasing provisions of the mineral leasing laws (see 30
U.S.C. 351). Authority in this paragraph does not permit leasing of
mineral deposits lying in tidelands, submerged lands, nor in certain
coastal waters.
(2) Notwithstanding the generality of the foregoing, leasing of coal
and lignite deposits is subject to special restrictions. The act permits
such leasing, provided the Secretary of Defense concurs, only to a
governmental entity (including any corporation primarily acting as an
agency or instrumentality of a State) which provides electrical energy
for sale to the public if such governmental entity is located in the
State in which such lands are located.
(b) Public domain lands. Deposits of coal, phosphate, sodium,
potassium, oil, oil shale, native asphalt, solid and semi-solid bitumen,
bituminous rock and gas located on public domain lands under the
jurisdiction of the Department of the Army may be leased by the SI
pursuant to 30 U.S.C. 181 et seq. with the concurrence of the Secretary
of the Army.
Sec. 643.36 Policy--Interim leasing of excess properties to facilitate economic readjustment.
Interim outleasing of excess real 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 to
State or local governmental bodies in consideration for care, custody,
management and routine maintenance. Income derived from the use of the
property in excess of the cost of care, custody, management and routine
maintenance will be covered into the Treasury as miscellaneous receipts.
The outleasing will generally conform to an economic recovery plan
outlined by the Office of Economic Adjustment, OASD (I&L), will require
coordination with the DASD (I&H) and concurrence by the GSA. Leases are
limited to one year and must be revocable by the Government on 30 days
notice.
Sec. 643.37 Policy--Requests to search for treasure trove.
Section 3755 of the Revised Statutes (40 U.S.C. 310) authorizes the
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. All searches and sales authorized by
GSA under this statute are subject to the Act for the Preservation of
American Antiquities (16 U.S.C. 432) and will only be permitted after
consent of the Department of the Army has been obtained.
Sec. 643.38 Policy--Utility rates.
(a) Rates for utilities furnished by the Army will be in accordance
with AR 420-41.
(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 them was paid. Collection for
utilities and services furnished by the Army is the responsibility of
the officer having immediate jurisdiction over the property in
accordance with AR 37-19 and AR 37-27.
Sec. 643.39 Policy--American National Red Cross.
(a) Title 10 U.S.C. 2670, authorizes the SA to grant revocable
licenses permitting 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 civilian population in case
of serious national disaster, or the occupation for that purpose of
buildings erected by the United States.
(b) Installation Commanders will furnish office space and quarters
for Red Cross activities and personnel when assigned to duty with the
Armed Forces in accordance with AR 930-5.
[[Page 96]]
Sec. 643.40 Policy--Young Men's Christian Association (YMCA).
Title 10 U.S.C. 4778, authorizes the SA to grant revocable licenses
pemitting 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 moral welfare of the garrisons may
require.
Sec. 643.41 Policy--National Guard use.
Pursuant to the authority contained in 32 U.S.C. 503, the SA is
authorized to grant 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 of a
permanent National Guard Armory without specific congressional
authority.
Sec. 643.42 Policy--Consents for crossing of rights-of-ways and similar interests owned by the United States.
Under the various easement 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 servient
estate, subject to such conditions as may be required to protect the
Government's interest.
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.
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.
Sec. 643.53 Consideration.
(a) Unless otherwise authorized by this regulation or directed by
the SA, the consideration for 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
property leased, or of the entire unit or installation where a
substantial part of it is leased, may be accepted as all or part of the
consideration. The value of the maintenance, protection, repair or
restoration, when added to the amount of the monetary payment to be made
by the lessee, must equal the appraised fair market rental value of the
property leased.
(b) Buildings and space may be leased to a State or political
subdivision thereof for public school purposes, limited to use for
classrooms and closely related academic instructions, through high
school level, at no monetary consideration. Where bare land is leased
for construction of a school through high school level, the acreage will
not exceed criteria established by the appropriate State authority or
the Department of Health, Education, and Welfare (HEW), the rental will
be $1 for the term of the lease and any renewal thereof. Leases of bare
land will be for a term of 25 years, with an option on tenant's part to
renew for another term of 25 years. Real estate may also be leased for
educational purposes to public educational institutions at a reduced
rental, after consultation with the HEW, and taking into account any
benefits accruing to the United States through the use of such property.
In any event, the lessee will be required to assume the cost of
maintenance, protection, repair, or restoration of the property leased
and the administrative costs incident thereto.
(c) Lease granted for agricultural, grazing, or haying purposes will
have attached thereto the land-use regulations furnished by the
installation commander specifying the items required to be performed by
the lessee as part of the lease obligations. It is the policy of the DA
that land leased for agricultural, grazing or haying purposes be
returned to the Government in as good or better condition than when
initially leased. The land-use regulations will include those activities
of maintenance, protection, repair, or restoration of the property
leased which the lessee will be required to perform as part or all of
the consideration for
[[Page 97]]
the lease. Generally, an activity will qualify as an offset from rental
if it is:
(1) Performed on the leased premises, or when it constitutes a
substantial part of the entire rental unit or installation,
(2) Of direct benefit to the installation in its authorized current
or mobilization mission, as distinguished from desired programs, or in
furtherance of the Army's leasing program,
(3) Generally related to the lessee's use of the leased property.
Where all of the above criteria are met, the following activities may be
authorized: Control of erosion, conservation of natural resources, and
maintenance of the viability of the land for continuing leasing, such as
mowing, weed control, seeding, fertilizing, mulching, crop rotation,
selected cutting, and soil conservation measures such as terraces, check
dams, wells, springs, ponds, title, or open channels or culverts for
drainage, firebreaks, inside fencing and cattle guards. Maintenance,
protection, repair or restoration of buildings, roads, perimeter
fencing, and similar improvements are not authorized as offsets from
rental unless the property is leased to and beneficially used by the
lessee, or on a rental unit or installation in which the leased premises
constitutes a substantial part or as otherwise approved by HQDA (DAEN-
REM), Washington, DC 20314. Also, lessee may be required to perform
activities in support of recreation and welfare, fish and wildlife,
beautification, and esthetic programs and the cost of establishing and
maintaining recreation, swimming and fishing areas, wildlife habitats,
food plots, and similar activities when the following conditions have
been met:
(1) The activities to be offset are in furtherance of the
installation natural resources plan as approved by the MACOM.
(2) The overall plan for the term of the lease, has been approved by
ASA (IL & FM).
(3) MACOM approval has been obtained for each lease when any
activity to be offset exceeds $1,000.
Total of the offsets in any year will never exceed the annual rental.
Sec. 643.54 Receipts.
Receipts will be deposited into the Treasury as miscellaneous
receipts.
Sec. 643.55 Mandatory revocation clause in lease.
Each lease will contain a provision permitting the SA to revoke the
lease at 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 lease will be revocable by the SA
during a national emergency.
Sec. 643.56 Taxation of lessee's interest.
The lessee's interest in leased property may be taxed by State or
local governments as 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 to the leasehold
interest of the lessee therein, is later made taxable by State or local
governments under an act of Congress, the lease will be renegotiated.
Sec. 643.57 Sublease or assignment.
A lease of real estate will not be subleased or assigned for direct
or indirect use by 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 (DAEN-REM), Washington, DC
20314.
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.
Sec. 643.72 License.
A license is a bare authority to do a specified act upon the
property of the licensor without acquiring any estate therein. The
principal effect of a license is to authorize an act which in the
absence of the licensee would constitute a trespass.
[[Page 98]]
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.
Sec. 643.74 Consideration.
When a license is granted under the authority of an easement or
leasing statute, the same rules 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 a
license only when such grant is of direct benefit to the Government,
such grants may be made without consideration.
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.
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.
Sec. 643.83 Consideration.
Although the statutes authorizing grants of rights of way or
easements do not make it mandatory that 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 appraisal
practices. As an exception to this rule, grants to States, counties,
municipalities, or political subdivisions thereof, will not require fair
market value when the purpose of the easement is to serve the public
interest or is to benefit the Federal Government.
Sec. 643.84 Easement--Grantees relocate or replace needed facilities.
In easement grants, grantees usually will be required to 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 exercise of the easement rights granted. DOD policy
requires that in keeping the Army whole, the relocation or replacement
of facilities will be limited to those for which there is a continuing
requirement. By specific exclusion, establishment of a different
category of facility is not authorized. (DODI 4165.12 III C)
Sec. 643.85 Easement grantees--Payment for removal or destruction of unneeded improvements.
Where a proposed right-of-way will 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 property
in accordance with AR 405-90, and a condition of the easement grant will
be payment for such improvements as follows:
(a) Where the easement grant is to be made at fair market value to
entities not entitled to grants of rights of way without charge, the
charge for the grant will include the in-place fair market value of the
improvements.
(b) Where the proposed grantee is a State or local Government agency
normally granted a right of way without charge under Army policy and the
grantee's project is subsidized wholly by an agency of the Federal
Government, no charge will be made for the improvements thus lost, since
any charge made would not reflect a net return to the Government.
(c) Where the proposed grantee is a State or local Government agency
normally granted a right of way without charge under Army policy, and
the grantee's project is not subsidized, or is subsidized only in part,
the charge for such improvements removed or destroyed and not replaced
will be the salvage value thereof.
Sec. 643.86 Easements for various purposes with relinquishment of legislative jurisdiction.
Title 40 U.S.C. 319, and delegation of authority thereunder from the
Secretary of Defense authorizes the SA to grant easements and
concurrently to
[[Page 99]]
relinquish to the State in which the affected land is located such
legislative jurisdiction as is deemed necessary or desirable.
Ordinarily, 40 U.S.C. 319 will not be used for easement grants which may
be accomplished pursuant to authorities set forth in preceding
paragraphs except where retrocession of legislative jurisdiction is
intended.
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.
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.
Sec. 643.103 Term.
A permit may be granted to another military department, a DOD
component, or Federal agency for a mutually agreeable 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. Where the real property involved is estimated to exceed
$50,000 in value, a report must be made to the Congressional Committees
on Armed Services, pursuant to title 10 U.S.C. 2662.
Sec. 643.104 Consideration.
(a) Permits are usually granted on a rent-free basis.
(b) The Army is authorized, however, to 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. 490 (j) and (k). Exceptions to this policy will be real property
and related services provided to an organization which is solely in the
support of the installation's mission. (For example: Space assigned to a
FAA air controller on an Army airfield; GAO activity auditing
installation programs.) Proceeds which are in excess of the actual
operating and maintenance costs of providing the service shall be
credited to miscellaneous receipts unless otherwise authorized by law.
Reimbursement for utilities and services furnished to the permittee is
the responsibility of the officer having immeditate jurisdiction over
the real estate. Where the use of real estate by a Federal agency under
permit is authorized and the correspondence does not include information
regarding charges to be made for the real estate, clarifying information
will be obtained from HQDA (DAEN-REM), Washington, DC 20314.
(c) Where real property is leased to or otherwise used by the Army
and a rental or charge is paid therefor, any use of the real estate, for
non-Army use, either under permit or other grant, will provide for
reimbursement of a proportionate part of the rental or charge, unless
otherwise approved by OCE. Reimbursement is the responsibility of the
DE. Any other officer authorizing such use is responsible for notifying
the DE of the non-Army use.
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.
Sec. 643.112 Army exchange activities.
Use of space and structures by the Army Exchange and its
concessionaires is governed by AR 60-10.
Sec. 643.113 Banks.
(a) The establishment of banks, branch banks, and banking facilities
on Army installations is 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 and
Accounting Center.
(c) Banking facilities which are not self-sustaining will be
furnished space, utilities and custodial services without charge by the
Installation Commander, provided space and services are available from
existing resources.
(d) Banking facilities which are self-sustaining will be granted a
lease by
[[Page 100]]
the DE, at fair market value, and reimbursement will be required for
utilities and services furnished.
(e) A bank building may not be constructed on an Army installation
without the prior approval of COE, SA, and DOD.
Sec. 643.114 Civil disturbances.
Without reference to higher authority, and when it is found to be in
the public interest, MACOM and heads of agencies having command
responsibility may grant, without consideration, revocable licenses for
joint use of active Army and USAR facilities during civil disturbance
for not more than 30 days to the National Guard and to municipal,
county, and State officials and law enforcement agencies. Licensees must
agree that the privileges granted will be without expense to the DA,
that the use will be subject to the control of the officer having
jurisdiction over the property, that it will remove its property from
the premises when the license is terminated, that it will pay the cost
of any services furnished to it by the DA, and, if a non-Federal agency,
that it will hold the Government harmless from any damages or claims
arising out of the use. Where it is proposed to allow such use beyond 30
days, the proposal must be submitted to HQDA (DAEN-REZ) Washington, DC
20314, for approval. Federal task force commanders, acting under
instructions from the Chief of Staff, in a civil disturbance control
operation may approve requests for the use of installations under their
control (ref. AR 500-50).
Sec. 643.115 Contractors--Permission to erect structures.
Installation commanders are authorized to permit the 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 for removal and restoration of the premises
upon expiration of the contract; Provided, That, in the interest of the
United States, any structure suitable for military use may, in lieu of
removal, be relinquished to and become the property of the United
States. If the structure is to be used for any purpose other than the
fulfillment of the contract, application will be made to the DE for such
use in order that a proper real estate instrument may be processed.
Sec. 643.116 Credit unions.
The establishment of credit unions on Army installations is governed
by AR 210-24. 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 Federal credit union organized
in accordance with the Federal Credit Union Act, (12 U.S.C. 1770),
provided that, in either case, that 95 percent of the membership is
composed of Federal employees, including former Federal employees who
acquire membership while employed by the Federal Government and retained
such membership.
Sec. 643.117 Hunting, trapping, and fishing.
Applications to hunt, trap, and fish on military reservations are
governed by AR 420-74.
Sec. 643.118 Nonappropriated funds--Authority to permit erection of structures.
The authority of installation commanders 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 of
existing space and structures for activities of a civilian
nonappropriated fund is governed by AR 230-81.
Sec. 643.119 Licenses incidental to post administration.
Installation commanders may authorize the use of property incidental
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 deliveries. The authority noted herein may not be
used to grant licenses in situations otherwise covered by this
regulation.
Sec. 643.120 Post offices.
Title 10 U.S.C. 4779b, provides that the SA shall assign suitable
space for
[[Page 101]]
post office purposes at military posts where post offices have been
established. Space assignment will be accomplished by arrangement
between the postmaster and installation commander.
Sec. 643.121 Private organizations on DA installations.
(a) AR 210-1 defines and classifies private organizations, such as
thrift shops and child-care centers, located on Army installations and
provides policy guidance for their authorization and operation.
Installation commanders may authorize the use of available facilities or
space to such private organizations, without monetary consideration,
when the use is on a nonexclusive basis and subject to immediate
termination when possession is required by the installation commander
for another purpose.
(b) Where the private organization desires exclusive use of
facilities or space, or for a specified period of time, the matter will
be considered a leasing action, the lease will be granted by the DE and
will provide for payment of a rental consideration. The installation
commander will consult with the DE if there is a question whether a
proposed use of facilities or space by a private organization should be
authorized by the DE under lease or by the installation commander by the
issuance of a license.
Sec. 643.122 Reserve facilities--Air Force and Navy use.
MACOM may approve local agreements with other Army, DOD, and Reserve
elements covering temporary use of existing Army Reserve facilities,
Provided, however, That the DA is reimbursed in proportionate share for
the services furnished and that the cost of any alterations that may be
desired will be borne by the military service concerned. Although no
specific form is prescribed for those operational agreements, the
agreements constitute interservice support agreements subject to joint
AR 1-35/SECNAV INST 4000.20B/AFR 400.27. Nothing in such joint
regulation disallows use of DE outgrants to supplement coverages of
interservice support agreements when requested and approved in
accordance with this regulation. The terms used in the interservice
agreements and/or DE outgrants will be those acceptable to the commands
concerned. Agreements, however, which provide for the exclusive use of
such property by the Air Force or Navy Reserve, or which involve a
transfer of funds between services for other than minor utility
services, or which involve an increase in personnel strength, or other
complications, will be routed to the appropriate DE for execution of a
formal permit.
Sec. 643.123 Reserve facilities--Local civic organizations.
In order to promote community relations in areas where 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 not cause any interference with the primary use
thereof for the administration and training of the Reserve components of
the Armed Services of the United States. Procedures and policy are
outlined in AR 140-488.
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.
Sec. 643.125 Trailer sites.
(a) Installation commanders are authorized to grant revocable leases
to military 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 renew such leases. (See AR
210-50.) Leases will be granted pursuant to 10 U.S.C. 2667. Necessary
utilities will be provided on a reimbursable basis. In no event will the
terms of the lease exceed a period of 2 years. DA Form 373 (Lease or
Trailer Sites) will be used exclusively for this purpose.
(b) Leases may be revoked for nonpayment of rent, or breach of any
condition of the lease or military necessity.
[[Page 102]]
(c) Rents will be collected locally and turned over to the nearest
Army Finance and Accounting Officer for deposit in accordance with
procedure set forth in AR 37-103. A copy of the Cash Collection Voucher
(DD Form 1131) will be forwarded to the appropriate DE.
Sec. 643.126 Transportation licenses.
Installation commanders are authorized to grant revocable licenses
and to 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 licenses; however, if real estate is
required to be leased in accordance with paragraph (e) of this section,
no commitment will be made to grant licenses until approval is received
for the lease.
(a) One or more licenses (revocable at will and for a period not to
exceed 5 years) may be granted, based upon the free competitive
proposals of all available companies or individuals.
(b) DD Form 694 (Transportation License Military Reservation) will
be used for this purpose.
(c) Only duly licensed operators will be permitted to operate on
installations.
(d) No distinction will be drawn between taxicab and bus
transportation.
(e) If use of Government property is desired for such purposes as at
bus station, waiting rooms, storage space, offices in connection with
the proposed transportation service, application for a lease will be
forwarded to the appropriate DE for processing.
(f) Licenses may be revoked by the installation commander for breach
of any condition of the license and for military necessity.
(g) The installation commander will furnish a copy of each such
license, through channels, to the MACOM or to the head of the agency
having command responsibility.
Sec. 643.127 Quarters.
The assignment and rental of quarters to civilian employees and
other nonmilitary personnel 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 military personnel
is set forth in AR 210-12.
Sec. 643.128 Veterans' conventions.
Without reference to higher authority, MACOM may lend certain Army
real property (including the use of unoccupied barracks) to national
veterans' organizations for use at State or national conventions or for
national youth, athletic, or recreational tournaments sponsored by those
organizations in accordance with AR 725-1.
Sec. 643.129 Youth groups.
(a) Installation commanders may grant revocable-at-will licenses for
one-time use, 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 Little League.
(b) Installation commanders may grant revocable-at-will licenses for
one-time use, or for intermittent or continuing use, to off-post youth
groups such as the Boy Scouts, Girl Scouts, and the Little League for
nonexclusive use of recreational areas or unimproved land areas within
military reservations for recreational or camping purposes. Licenses
will be granted for up to a period of 1 year without monetary
consideration and will provide for a hold-harmless clause with respect
to any and all claims against the Government and will require the repair
of any damage or destruction resulting from such use.
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.