[Title 32 CFR 644.137]
[Code of Federal Regulations (annual edition) - July 1, 2003 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 C - Acquisition]
[Sec. 644.137 - Maneuver agreements.]
[From the U.S. Government Printing Office]
3242003-07-012002-07-01trueManeuver agreements.644.137Sec. 644.137NATIONAL DEFENSEDepartment of Defense (Continued)DEPARTMENT OF THE ARMY (CONTINUED)REAL PROPERTYREAL ESTATE HANDBOOKAcquisition
Sec. 644.137 Maneuver agreements.
Joint training exercises or maneuvers are conducted by elements of
the Department 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 to use land and other
facilities for Department of the Army exercises. The current Memorandum
of Understanding by Department of the Army, United States Readiness
Command (USCINCRED), and United States Army Forces, Readiness Command
(USCINCARRED) on acquisition of maneuver rights for United States
Readiness Command (USREDCOM) Joint Training exercises is included as
Figure 5-13 in ER 405-1-12. This Memorandum covers timing of requests
for preliminary surveys, real estate studies, funding and acquisition of
maneuver rights. The Corps also responds to requests from other
Department of Defense commands for maneuver rights, and the same
procedure is envisioned although no Memoranda of Understanding have been
entered into. Upon receipt of a request for real estate services, an
estimate of the funds required
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for the report should be forwarded to the using command.
(a) Procedures. The appropriate Division or District Engineer will
be responsible for negotiating maneuver agreements and short-term leases
and, after the maneuver is completed, will be responsible for
negotiating restoration settlements and/or releases, as appropriate.
Real estate acquisition will be in the form of agreements with
landowners, granting the right to conduct maneuvers at a given time, or
periodically. Short-term leases for exclusive use may also be acquired
for special areas (such as headquarters areas, radio relay sites, base
camp sites, field hospital sites and supply dumps), and buildings needed
for warehouses, ordnance shops and similar purposes directly related to
the maneuver. Permits will be obtained to cover the use of lands under
the jurisdiction of another Government department or agency.
(b) Claims and Restoration. Notwithstanding the assignment of
restoration responsibility, understanding may be reached with the
maneuver director at field level whereby the command will assume
responsibility for settlement of real estate damages using claim funds.
However, in instances where the damage exceeds the monetary claims
jurisdiction of the Army Commander pursuant to AR 27-20 and is
cognizable as a contractual obligation under the maneuver permit,
settlement will be accomplished by the Division or District Engineer
either by supplement to the permit or by processing a claim under AR
405-15 (see Sec. 552.16 of this chapter) since the Division or District
Engineer can usually accomplish settlements more quickly for claims in
excess of that amount. Therefore, it should be suggested to the maneuver
director that all claims, cognizable as a contractual obligation, in
excess of his monetary claims jurisdiction be handled by the Division or
District Engineer. Funds appropriated for field exercises and maneuvers
are allotted to Army Commanders and include administrative costs. The
reporting requirements included in Figure 5-13 in ER 405-1-12 will be
established by the Chief of Engineers upon receipt of a specific request
from the using command to acquire maneuver rights.