[Title 32 CFR 644.23]
[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 644 - REAL ESTATE HANDBOOK]
[Subpart A - Project Planning]
[Sec. 644.23 - Real Estate Planning Documents.]
[From the U.S. Government Printing Office]


32NATIONAL DEFENSE42002-07-012002-07-01false644.23Sec. 644.23NATIONAL DEFENSEDepartment of Defense (Continued)DEPARTMENT OF THE ARMY (CONTINUED)REAL PROPERTYREAL ESTATE HANDBOOKProject Planning
Sec. 644.23  Real Estate Planning Documents.

    (a) Real Estate Planning Reports. (1) A Real Estate Planning Report 
(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 Component projects and extinguishment of grazing 
privileges on Federal lands. The request for such REPR may be initiated 
by any command or echelon of the Army or Air Force (or by the Washington 
Headquarters or field operations offices of DOE for a Real Estate Design 
Memorandum). Certain items contained in Figure 2-1 (ER 405-1-12) relate 
only to Department of the Air Force land acquisition programs for 
runways and approach zones and are not applicable to other projects. 
Such items will be omitted from REPRs where not applicable. When 
forwarding the REPR, a copy of the Reviewing Appraiser Comment, 
concerning the estimated land values assigned therein, should be 
included as an inclosure to the transmittal letter.
    (2) On Department of the Air Force projects where estimated cost is 
not in excess of $25,000, brief REPRs are to be prepared for issuance of 
directives by the approprate Air Force Regional Civil Engineer (AFRCE). 
Such reports need not be submitted to the Chief of Engineers except in 
those cases in which the major command submits a copy to Headquarters, 
USAF. This report should contain adequate information on the items 
listed in the following outline but need not be limited thereto:
    (i) Requirement for the property.
    (ii) Cost estimate of the property with indication of the method 
used in arriving at the estimate.
    (iii) Summary sheet showing the acreages, interests to be acquired, 
improvements and estimated costs, including the administrative costs of 
acquiring the real property and all costs in connection with the Uniform 
Relocation Assistance and Real Property Acquisition Policies Act of 1970 
(Pub. L. 91-646).
    (iv) Map showing property to be acquired, ownerships, and relation 
to existing installation, where appropriate.
    (v) In reports covering the acquisition of runway clearance 
easements, a profile, topographic, and obstruction drawing should be 
furnished.
    (vi) Discussions of any peculiar or unusual problems anticipated in 
connection with the proposed acquisition including relocation assistance 
required by Pub. L. 91-646.
    (vii) Recommendations of the office preparing the report.
    (b) Planning Documents for Reserve Component Acquisitions. Figure 2-
2 in ER 405-1-12 is a sample of an REPR for use in acquisition of land 
for the U.S. Army Reserve Program. This report omits some items which 
appear in the usual planning report but includes other items 
particularly applicable to U.S. Army Reserve sites.

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    (1) Real Estate Planning Report. The REPR for Reserve Component 
acquisitions should contain the following:
    (i) A list of all sites inspected with reasons for rejection of the 
other sites.
    (ii) Description of physical characteristics of the site.
    (iii) Type and extent of grading and drainage required.
    (iv) Soil and foundation conditions with classification of 
overburden materials (to be determined by test borings only if 
conditions indicate this necessity).
    (v) Availability of adequate access, water supply, electricity, gas 
for space heating, sewage disposal, drainage conditions, and telephone 
services. Where it is necessary to construct or extend streets, water, 
sewer, or other utility facilities to serve the selected site, a written 
commitment will be obtained from the municipal authorities assuring the 
United States that the municipality will perform such work without cost 
to the United States, or indicating the proportionate share of the costs 
the municipality will bear. This commitment will be made a part of the 
REPR.
    (vi) Cost estimates of supporting facilities and any unusual 
building foundations, itemized to the degree practicable to indicate 
items, quantities, sizes, unit prices and totals.
    (vii) A preliminary site plan, showing existing conditions and 
proposed layout, to insure adequacy of the site for its intended 
ultimate use.
    (viii) A formal legal commitment in the form of a resolution or 
other instrument authorizing a long-term, nominal-rental lease or a 
donation, together with a reference to the authority to grant the lease 
or make the donation, in instances where land is owned by a State, 
county, city or other political subdivision.
    (ix) A draft of the proposed lease in terms acceptable to the 
lessor, taking into consideration the requirements in DOD Directive 
4165.16.
    (2) Agreements for Joint National Guard-Army Reserve Center. Title 
10, U.S.C., 2231 through 2238, DOD Directives 1225.2 and 1225.5, and AR 
140-478 contain policy and directions for the establishment of this type 
of training facility. The Division or District Engineer will participate 
in negotiation of the joint-use agreement and preparation of the 
necessary instruments, in coordination with local Army Reserve and 
National Guard representatives. A copy of the agreement so negotiated 
will be attached to each copy of the REPR prior to its distribution for 
review. DOD Directive 1225.2 provides in part: ``The agreement shall 
remain in full force and effect for the fixed term of years which 
represents the estimated useful life of the facility.'' This provision 
has generally been interpreted as fixing the use term at 25 years, 
although the probably useful life of a well-maintained armory type 
structure is much longer. The DOD provision states a minimum 
requirement; however, it does not preclude the Army from securing a 
longer period of use. In order to secure a use term more commensurate 
with the Government investment, joint-use agreements, at a minimum, will 
be set up on a 25-year basis, with the option on the part of the 
Government to renew for an additional 25-year period under the same 
terms and conditions.
    (3) Real Estate Summary. Considerable time, effort and funds can be 
saved if REPRs are foregone in those cases involving acquisition of 
property for U.S. Army Reserve and Army National Guard use by transfer 
from another military department or the General Services Administration. 
The Real Estate document in support of such proposed acquisitions will 
be a Real Estate Summary which will contain the following elements only:
    (i) Authority for request.
    (ii) Acreage and estate.
    (iii) Estimated gross fair market value.
    (iv) Map.
    (v) Excess status of land.
    (vi) Description of improvements (including building numbers and 
square feet).
    (vii) Justification for use of the property as provided by the 
Command. Proposed construction (if any) should be included.
    (viii) Engineering Feasibility Study (if construction is planned).
    (ix) Draft Acquisition Report is required for clearance under title 
10

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U.S.C. 2662 if estimated gross fair market value is over $50,000 for 
acquisition by transfer from another military department.
    (c) Lease Planning Reports. Reference is made to AR 405-10 and AFR 
87-1, concerning requests for leasehold acquisitions. A Lease Planning 
Report will be submitted upon request of the Chief of Engineers or the 
using service. Figure 2-3 in ER 405-1-12 is a sample of a Lease Planning 
Report.
    (d) Grazing Land Reports. (1) When Federal grazing lands are a part 
of a project and it is proposed to cancel, or to prevent the use of, 
grazing privileges thereon, under authority contained in the Act of 
Congress approved July 9, 1942, as amended (43 U.S.C. 315q), the REPR 
will be utilized with appropriate changes. The report will disclose each 
of the ranch units comprising grazing privileges, indicating, in 
tabulated form, the name of each operator, acreage owned in fee, acreage 
of State-owned land held under lease, acreage of railroad land held 
under lease, acreage of other privately owned land held under lease, 
acreage under Federal grazing permits or licenses, total acreage in 
ranch unit, total carrying capacity of ranch unit, and actual number of 
stock being carried on each ranch unit; whether project will be 
classified as a permanent or temporary installation; other acquisition 
problems, such as mining and water rights or claims, which may be 
encountered; and a project map indicating project boundaries, Federal 
and State-owned lands, and location of mining and water rights or 
claims.
    (2) The cost estimate will be prepared in accordance with subpart B.
    (e) Distribution and Approval of Planning Reports--(1) Army 
Projects. Upon completion of a fee and/or easement planning report or a 
Lease Planning Report, the report will be processed as outlined in AR 
405-10. Information will be included in the transmittal letter 
concerning status of environmental assessment or impact statement.
    (2) Air Force Projects. (i) Upon the completion, review and approval 
of a fee and/or easement planning report, the District Engineer will 
forward copies of the planning report to the Division Engineer who will 
forward the original and one copy with appropriate recommendations to 
HQDA (DAEN-REA-L) WASH DC 20314. Simultaneously with this action, the 
Division Engineer will furnish the Major Air Command with six copies of 
the planning report for review, approval, and subsequent transmittal to 
Headquarters, USAF.
    (ii) After preparation, review and approval, the District Engineer 
will submit the Lease Planning Report, wherein the estimated annual 
rental is in excess of $25,000, to the Division Engineer. Upon review 
and approval, the Division Engineer will forward the original and a 
copy, with appropriate recommendations, to DAEN-REA-L. Simultaneously 
with this action, the Division Engineer will furnish the Major Air 
Command with two copies of the report. The Chief of Engineers will 
review the report and forward the original to Headquarters, USAF, with 
appropriate recommendations.
    (3) DOE Projects. Upon completion of a fee and/or easement real 
estate design memorandum and review and approval by the District 
Engineer and, in turn, the Division Engineer, a copy of the report will 
be submitted to the appropriate DOE office for review and approval. When 
notice of approval is received, the District Engineer will transmit, 
through the Division Engineer, the original and two copies of the REDM, 
with recommendations, and evidence of approval by the DOE field office, 
to HQDA (DAEN-REA-P) WASH DC 20314. Upon review and approval, the Chief 
of Engineers will transmit the original and one copy of the REDM to 
Headquarters, DOE, for approval and further action.